124 STAT. 3082 PUBLIC LAW 111–291—DEC. 8, 2010 (D) the funds made available under section 312(b)(3)(B) have been deposited in the WMAT Maintenance Fund; and (E) the WMAT rural water system— (i) is substantially complete, as determined by the Secretary; and (ii) satisfies the requirement that— (I) the infrastructure constructed is capable of storing, diverting, treating, transmitting, and distributing a supply of water as set forth in the final project design described in subsection (c); and (II) the Secretary has consulted with the Tribe regarding the proposed finding that the WMAT rural water system is substantially complete. (e) ALIENATION AND TAXATION.— (1) IN GENERAL.—Conveyance of title to the Tribe pursuant to subsection (d) does not waive or alter any applicable Federal law (including regulations) prohibiting alienation or taxation of the WMAT rural water system or the underlying reservation land. (2) ALIENATION OF WMAT RURAL WATER SYSTEM.—The WMAT rural water system, including the components of the WMAT rural water system, shall not be alienated, encumbered, or conveyed in any manner by the Tribe, unless a reconveyance is authorized by an Act of Congress enacted after the date of enactment of this Act. (f) OPERATION AND MAINTENANCE.— (1) IN GENERAL.—Consistent with subsections (d) and (e) of section 312, the Secretary, acting through the Bureau and in cooperation with the Tribe, shall operate, maintain, and replace the WMAT rural water system until the date on which title to the WMAT rural water system is transferred to the Tribe pursuant to subsection (d)(2). (2) LIMITATION.— (A) IN GENERAL.—Beginning on the date on which title to the WMAT rural water system is transferred to the Tribe pursuant to subsection (d)(2), the United States shall have no obligation to pay for the operation, maintenance, or replacement costs of the WMAT rural water system. (B) LIMITATION ON LIABILITY.—Effective on the date on which the Secretary publishes a statement of findings in the Federal Register pursuant to subsection (d)(2), the United States shall not be held liable by any court for damages arising out of any act, omission, or occurrence relating to the land or facilities conveyed, other than dam- ages caused by any intentional act or act of negligence committed by the United States, or by employees or agents of the United States, prior to the date on which the Sec- retary publishes a statement of findings in the Federal Register pursuant to subsection (d)(2). (g) RIGHT TO REVIEW.— (1) IN GENERAL.—The statement of findings published by the Secretary pursuant to subsection (d)(2) shall be considered to be a final agency action subject to judicial review under sections 701 through 706 of title 5, United States Code. Effective date.
