,,ii #aacth ,,congress #ast ,session ,s4 #bhd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ab1 #bjac ,mr4 ,udall of ,new ,mexico 7for himself and ,mr4 ,heinrich7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to transfer certain facilities1 easements1 and rights-of-way to ,fort ,sumner ,irrigation ,district1 ,new ,mexico4 #a4 ,short title ,this ,act may be cited as the ,fort ,sumner ,project ,title ,conveyance ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,district ,the term ,district means the ,fort ,sumner ,irrigation ,district1 located in ,de ,baca ,county1 ,new ,mexico4 7#b7 ,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 #jh-,,wc-#dj-bib and dated ,august #ba1 #bjji 7including any amendments to that contract74 7#c7 ,project ,the term ,project means the ,fort ,sumner reclamation project4 7#d7 ,repayment contract ,the term ,repayment ,contract means the contract between the ,united ,states and the ,district numbered ,ilr-#aebd and dated ,november #e1 #aidh 7including any supplements and amendments to that contract74 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#f7 ,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 #aa-,,wc-#dj-djf 7including any amendments to that agreement74 7#g7 ,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 transfer4 ,this document will be completed after the requirements described in section #c7;d7 are satisfied4 #c4 ,conveyance 7a7 ,in general ,the ,secretary is authorized to convey to the ,district all right and title of the ,united ,states in and to all works1 land1 and facilities of the ,project1 in accordance with the terms and conditions established in the ,transfer ,agreement4 7b7 ,valid existing rights ,the conveyance under this section shall be subject to all valid existing leases1 permits1 rights-of-way1 easements1 and other rights appurtenant to the property conveyed4 7c7 ,costs of conveyance ,the costs of the conveyance under this section1 including the costs of environmental compliance1 may be shared between the ,united ,states and the ,district1 in accordance with the ,memorandum of ,agreement4 7d7 ,compliance with environmental laws 7#a7 ,in general ,before carrying out the conveyance under subsection 7a71 the ,secretary shall assure compliance with all applicable requirements under-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,b7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7,c7 any other law applicable to the property conveyed4 7#b7 ,effect ,nothing in this ,act modifies or alters any obligation under-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 or 7,b7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7e7 ,failure ,to convey ,if the ,secretary fails to complete the conveyance under this section by the date that is #b years after the date of completion of the requirements described in subsection 7d71 the ,secretary shall submit to ,congress a report that-- 7#a7 explains the reasons why the conveyance has not been completed2 and 7#b7 states the date by which the conveyance will be completed4 #d4 ,liability 7a7 ,in general ,effective on the date of the conveyance under section #c1 the ,united ,states-- 7#a7 shall have no further interest in1 and shall have no responsibility for operating or maintaining1 the ,project2 and 7#b7 shall not be liable for damages of any kind arising out of any act1 omission1 or occurrence relating to the conveyed property1 except for damages caused by acts committed by the ,united ,states or employees1 agents1 or contractors of the ,united ,states before the date of the conveyance4 7b7 ,effect of section ,nothing in this section increases the liability of the ,united ,states beyond the liability provided under chapter #aga of title #bh1 ,united ,states ,code 7commonly known as the ,federal ,tort ,claims ,act74 #e4 ,termination of repayment contract ,effective beginning on the date of the conveyance under section #c-- 7#a7 the ,repayment ,contract shall terminate2 and 7#b7 the ,united ,states and the ,district shall have no obligations under the ,repayment ,contract4 #f4 ,forbearance agreement 7a7 ,payment obligation ,in accordance with paragraph #d7;a7 of the ,forbearance ,agreement1 effective beginning on the date of termination of the ,repayment ,contract under section #e1 the ,united ,states shall have no payment obligation under paragraph #d7;a7 of the ,forbearance ,agreement4 7b7 ,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 #e4 7c7 ,term ,the term of the ,forbearance ,agreement shall be not less than #aj years after the date of enactment of this ,act1 as set forth in the ,memorandum of ,agreement4 #g4 ,future benefits ,after conveyance of title under this ,act-- 7#a7 the conveyed property shall not be considered to be a part of a ,federal reclamation project2 and 7#b7 the entity to which the property is conveyed shall not be eligible to receive any benefits1 including ,federal project power1 with respect to the conveyed property1 except for benefits that would be available to a similarly situated entity with respect to property that is not part of a ,federal reclamation project4