Page:United States Statutes at Large Volume 111 Part 1.djvu/42

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Ill STAT. 18 PUBLIC LAW 105-9—APR. 14, 1997 under the Act of October 9, 1962 (Public Law 87-762, 76 Stat. 761), or referenced in section 201 of the Act of September 28, 1976 (Public Law 94-423, 90 Stat. 1324), and identified in Article 3(a)(8) of the Repayment Contract; (3) assumption by the District of sole and absolute responsibility for the operations and maintenance of the Project Irrigation Works; (4) release and discharge by the District as to the United States from all past and future claims, whether now known or unknown, arising from or in any way related to the Project, including any arising from the Project Irrigation Works constructed pursuant to the 1964 Basic Contract or the 1979 Repayment Contract; (5) assumption by the District of full responsibility to indemnify and defend the United States against any third party claims associated with any aspect of the Project, except for that claim known as the Grillo Claim, government contractor construction claims accruing at any time, and any other suits or claims filed as of the date of the Settlement Agreement; and (6) continued obligation by the District to deliver water to and provide for operations and maintenance of the Wildlife Mitigation Facilities at its own expense in accordance with the Settlement Agreement. (b) RESPONSIBILITIES OF UNITED STATES. —In return the United States shall— (1) release and discharge the District's obligation, including any delinquent or accrued payments, or assessments of any nature under the 1979 Repayment Contract, including the unpaid obligation of the 1964 Basic Contract; (2) transfer title of the Project Irrigation Works to the District; (3) assign to the District all third party agreements associated with the Project Irrigation Works; (4) continue power deliveries provided under section 6 of this Act; and (5) assume full responsibility to indemnify and defend the District against any claim known as the Grillo Claim, government contractor construction claims accruing at any time, and any other suits or claims filed against the United States as of the date of the Settlement Agreement. (c) PROJECT CONSTRUCTION COSTS.— The transfer of title authorized by this Act shall not affect the timing or amount of the obligation of the Bonneville Power Administration for the repay- ment of construction costs incurred by the Federal government under section 202 of the Act of September 28, 1976 (90 Stat. 1324, 1326) that the Secretary of the Interior has determined to be beyond the ability of the irrigators to pay. The obligation shall remain charged to, and be returned to the Reclamation Fund as provided for in section 2 of the Act of June 14, 1966 (80 Stat. 200) as amended by section 6 of the Act of September 7, 1966 (80 Stat. 707, 714). SEC. 6. POWER. Nothing in this Act shall be construed as having any affect on power arrangements under Public Law 94-423 (90 Stat. 1324). The United States shall continue to provide to the District power