123STA T . 13 8 1 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(f)CONVEYA N C EO FTITL ETO PR O J ECT F ACILITIE S.— ( 1 ) I N G ENERAL.—T heS e cr e ta r yis a u th o ri z e d toe n ter into se p arate a g ree m ents w ith the City and the N ation and , on entering into the agreements, sha l l con v ey title to each Pro j ect facility or section of a Project facility authorized under su b- section (b) (including any appropriate interests in land) to the City and the Nation after— ( A ) completion of construction of a Project facility or a section of a Project facility that is operating and deliv- ering water
and ( B )e x ecution of a Project operations agreement approved by the Secretary and the Project Participants that sets forth— (i) any terms and conditions that the Secretary determines are necessary— (I) to ensure the continuation of the intended benefits of the Project; and (II) to fulfill the purposes of this part; (ii) re q uirements acceptable to the Secretary and the Project Participants for— (I) the distribution of water under the Project or section of a Project facility; and (II) the allocation and payment of annual oper- ation, maintenance, and replacement costs of the Project or section of a Project facility based on the proportionate uses of Project facilities; and (iii) conditions and requirements acceptable to the Secretary and the Project Participants for operating and maintaining each Project facility on completion of the conveyance of title, including the requirement that the City and the Nation shall— (I) comply with— (aa) the Compact; and (bb) other applicable law; and (II) be responsible for— (aa) the operation, maintenance, and replacement of each Project facility; and (bb) the accounting and management of water conveyance and Project finances, as nec- essary to administer and fulfill the conditions of the Contract executed under section 1 06 0 4 (a)( 2 )(B). (2) E FFECT OF CONVEYANCE.—The conveyance of title to each Project facility shall not affect the application of the Endangered Species Act of 1 973 (16 U .S.C. 1 5 31 et seq.) relating to the use of the water associated with the Project. (3) L IA B ILITY.— (A) IN GENERAL.—Effective on the date of the convey- ance authorized by this subsection, the United States shall not be held liable by any court for damages of any k ind arising out of any act, omission, or occurrence relating to the land, buildings, or facilities conveyed under this subsection, other than damages caused by acts of negligence committed by the United States, or by employees or agents of the United States, prior to the date of conveyance. Compliance. Con tr act s .
