Sec. 14. Tribal implementation agreements
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— At the request of the Tribe and in accordance with the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. ), the Secretary shall enter into 1 or more agreements with the Tribe to carry out sections 9, 10, 12, and 13. The Commissioner of Reclamation and the Tribe shall negotiate the cost of any oversight activity carried out by the Bureau of Reclamation under any agreement entered into under subsection (a), subject to the condition that the total cost for the oversight shall not exceed 4 percent of the total project costs for each project.
On request of the Secretary, and in partial consideration for the funding provided under section 17(k), the Tribe shall consent to the grant of such easements and rights-of-way over tribal land as are necessary for the construction of the projects authorized by sections 9, 10, 12, and 13, at no cost to the United States. Land acquired by the United States or the Tribe in connection with the construction of the projects authorized by sections 9, 10, 12, and 13 shall be held in trust by the United States on behalf of the Tribe as part of the Reservation.
Notwithstanding any other provision of law, the Secretary may transfer to the Tribe, at no cost, any title held by the United States in and to each facility, asset, or other property of each of the projects authorized under sections 9, 10, 12, and 13 in accordance with paragraph (2). The Secretary shall convey to the Tribe title in and to the projects authorized by sections 9, 10, 12, and 13 not later than 30 days after the date on which the Secretary publishes in the Federal Register a statement of findings that— the Tribe has passed a resolution requesting that the Secretary transfer to the Tribe any title held by the United States in and to the property or facilities of the projects under section 9, 10, 11, or 12; and the Secretary has provided to the Tribe— a report regarding the condition of the project; and technical assistance regarding the operation and maintenance of the projects, including operation and maintenance training.
On transfer of title under paragraph (1), the projects or any portion of the projects transferred under paragraph
(2)shall be considered to be owned, operated, and managed by the Tribe. On transfer of title to the project or any portion of a project or facility to the Tribe in accordance with subsection (d), or on assumption of the operation of the project by the Tribe, the Tribe may collect— OM&R costs; and any other costs relating to the operation of the project, as appropriate. On transfer of title to the Blackfeet Irrigation Project pursuant to subsection (d), the Tribe shall promulgate criteria and procedures, subject to the approval of the Secretary, under which the Tribe shall operate and maintain the Blackfeet Irrigation Project, including— a due process system for the consideration and determination of any request by a water user for an allocation of water that provides protection not less stringent than the protection available under Federal law, including a process for— appeal and adjudication of denied or disputed distributions of water; and resolution of contested administrative decisions; and a system for establishing operation and maintenance assessment rates, including a process for— appeal and adjudication of operation and maintenance assessment rates; and resolution of contested administrative decisions. Effective on the date of the transfer authorized by subsection (d), the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to the land, buildings, or facilities transferred under this subsection, other than damages caused by acts of negligence committed by the United States (or an employee or agent of the United States) before the date of transfer. Nothing in this section increases the liability of the United States beyond the liability provided in chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act ). The Federal Government shall have no obligation to pay for the operation, maintenance, or replacement costs of the projects authorized by sections 9, 10, 12, and 13 beginning on the later of— the date on which title to any project authorized by sections 9, 10, 12, and 13 is transferred to the Tribe; and the date on which the amounts required to be deposited in the OM&R Account pursuant to section 17(k)(2) have been deposited in that account. Transfer of title to the Tribe pursuant to subsection
(d)does not waive or alter any applicable Federal law prohibiting alienation or taxation of— the project; or the underlying Reservation land.
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Sec. 14
Tribal implementation agreements
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