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H.R.6343 - Fort Sumner Project Title Conveyance Act
To transfer certain facilities, easements, and rights-of-way to Fort Sumner Irrigation District, New Mexico.
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SECTION 1. SHORT TITLE.
SEC. 2. DEFINITIONS.
(2) FORBEARANCE AGREEMENT- The term ‘Forbearance Agreement’ means the contract between the United States and the District for the forbearance of exercising priority water rights numbered 08-WC-40-292 and dated August 21, 2009 (including any amendments to that contract).CommentsClose CommentsPermalink
(4) REPAYMENT CONTRACT- The term ‘Repayment Contract’ means the contract between the United States and the District numbered Ilr-1524 and dated November 5, 1948 (including any supplements and amendments to that contract).CommentsClose CommentsPermalink
(6) MEMORANDUM OF AGREEMENT- The term ‘Memorandum of Agreement’ means the agreement entitled ‘Memorandum of Agreement between the United States and the Fort Sumner Irrigation District Concerning Principles and Elements of Proposed Transfer of Title to Fort Sumner Irrigation District Facilities’ and numbered 11-WC-40-406 (including any amendments to that agreement).CommentsClose CommentsPermalink
(7) TRANSFER AGREEMENT- The term ‘Transfer Agreement’ means the agreement between the United States and the Fort Sumner Irrigation District that identifies the specific terms and conditions of the title transfer. This document will be completed after the requirements described in section 3(d) are satisfied.CommentsClose CommentsPermalink
SEC. 3. CONVEYANCE.
(a) In General- The Secretary is authorized to convey to the District all right and title of the United States in and to all works, land, and facilities of the Project, in accordance with the terms and conditions established in the Transfer Agreement.CommentsClose CommentsPermalink
(b) Valid Existing Rights- The conveyance under this section shall be subject to all valid existing leases, permits, rights-of-way, easements, and other rights appurtenant to the property conveyed.CommentsClose CommentsPermalink
(c) Costs of Conveyance- The costs of the conveyance under this section, including the costs of environmental compliance, may be shared between the United States and the District, in accordance with the Memorandum of Agreement.CommentsClose CommentsPermalink
(e) Failure To Convey- If the Secretary fails to complete the conveyance under this section by the date that is 2 years after the date of completion of the requirements described in subsection (d) of this Act, the Secretary shall submit to Congress a report that--CommentsClose CommentsPermalink
SEC. 4. LIABILITY.
(2) shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to the conveyed property, except for damages caused by acts committed by the United States or employees, agents, or contractors of the United States before the date of the conveyance.CommentsClose CommentsPermalink
(b) Effect of Section- Nothing in this section increases the liability of the United States beyond the liability provided under chapter 171 of title 28, United States Code (commonly known as the ‘Federal Tort Claims Act’).CommentsClose CommentsPermalink
SEC. 5. TERMINATION OF REPAYMENT CONTRACT.
SEC. 6. FORBEARANCE AGREEMENT.
(a) Payment Obligation- In accordance with paragraph 4(a) of the Forbearance Agreement, effective beginning on the date of termination of the Repayment Contract under section 5, the United States shall have no payment obligation under paragraph 4(a) of the Forbearance Agreement.CommentsClose CommentsPermalink
(b) Other Terms and Conditions- All other terms and conditions of the Forbearance Agreement shall remain in full force and effect on termination of the Repayment Contract under section 5.CommentsClose CommentsPermalink
SEC. 7. FUTURE BENEFITS.
(2) the entity to which the property is conveyed shall not be eligible to receive any benefits, including Federal project power, with respect to the conveyed property, except for benefits that would be available to a similarly situated entity with respect to property that is not part of a Federal reclamation project.CommentsClose CommentsPermalink