124 STAT. 3140 PUBLIC LAW 111–291—DEC. 8, 2010 County Distribution System under paragraph (1) does not waive or alter any applicable Federal law prohibiting taxation of such facilities or the underlying land. (7) LIABILITY.— (A) IN GENERAL.—Ef fective on the date of conveyance of any land or facility under this section, the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the land and facilities conveyed, other than damages caused by acts of negligence by the United States, or by employees or agents of the United States, prior to the date of conveyance. (B) TORT CLAIMS.—Nothing in this section increases the liability of the United States beyond the liability pro- vided in chapter 171 of title 28, United States Code (com- monly known as the ‘‘Federal Tort Claims Act’’). (8) EFFECT.—Nothing in any transfer of ownership provided or any conveyance thereto as provided in this section shall extinguish the right of any Pueblo, the County, or the Regional Water Authority to the continuous use and benefit of each easement or right of way for the use, operation, maintenance, repair, and replacement of Pueblo Water Facilities, the County Distribution System or the Regional Water System or for waste- water purposes as provided in the Cost-Sharing and System Integration Agreement. SEC. 612. OPERATING AGREEMENT. (a) IN GENERAL.—The Pueblos and the County shall submit to the Secretary an executed Operating Agreement for the Regional Water System that is consistent with this title, the Settlement Agreement, and the Cost-Sharing and System Integration Agree- ment not later than 180 days after the later of— (1) the date of completion of environmental compliance and permitting; or (2) the date of issuance of a final project design for the Regional Water System under section 611(b). (b) APPROVAL.—The Secretary shall approve or disapprove the Operating Agreement within a reasonable period of time after the Pueblos and the County submit the Operating Agreement described in subsection (a) and upon making a determination that the Oper- ating Agreement is consistent with this title, the Settlement Agree- ment, and the Cost-Sharing and System Integration Agreement. (c) CONTENTS.—The Operating Agreement shall include— (1) provisions consistent with the Settlement Agreement and the Cost-Sharing and System Integration Agreement and necessary to implement the intended benefits of the Regional Water System described in those documents; (2) provisions for— (A) the distribution of water conveyed through the Regional Water System, including a delineation of— (i) distribution lines for the County Distribution System; (ii) distribution lines for the Pueblo Water Facili- ties; and (iii) distribution lines that serve both— (I) the County Distribution System; and (II) the Pueblo Water Facilities; Deadline.
