Page:United States Statutes at Large Volume 111 Part 1.djvu/43

 •6.-ii€- PUBLIC LAW 105-9 —APR. 14, 1997 111 STAT. 19 and energy for irrigation water pumping for the Project, including Dairy Point Pumping Plant. However, the amount and term of reserved power shall not exceed, respectively— (1) 27,100,000 kilowatt hours per year; and (2) 50 years commencing October 18, 1990. The rate that the District shall pay the Secretary for such reserved power shall continue to reflect full recovery of Bonneville Power Administration transmission costs. SEC. 7. CONVEYANCE. (a) CONVEYANCE OF INTERESTS OF UNITED STATES. —Subject to valid existing rights, the Secretary is authorized to convey all right, title, and interest, without warranties, of the United States in and to all Project Irrigation Works to the District. In the event a significant cultural resource or hazardous waste site is identified, the Secretary is authorized to defer or delay transfer of title to any parcel until required Federal action is completed. (b) RETENTION OF TITLE TO WILDLIFE MITIGATION FACILITIES. — The Secretary will retain title to the Wildlife Mitigation Facilities. The District shall remain obligated to deliver water to and provide for the operations and maintenance of the Wildlife Mitigation Facilities at its own expense in accordance with the Settlement Agreement. (c) RESERVATION.— The transfer of rights and interests pursuant to subsection (a) shall reserve to the United States all oil, gas, and other mineral deposits and a perpetual right to existing public access open to public fishing, hunting, and other outdoor recreation purposes, and such other existing public uses. SEC. 8. REPAYMENT CONTRACT. Upon conveyance of title to the Project Irrigation Works notwithstanding any parcels delayed in accordance with section 7(a), the 1964 Basic Contract, and the 1979 Repayment Contract between the District and Reclamation, shall be terminated and of no further force or effect. SEC. 9. INDIAN TRUST RESPONSffilLITIES. The District shall remain obligated to deliver water under appropriate water service contracts to Indian Trust Lands upon request from the owners or lessees of such land. SEC. 10. LIABILITY. Upon completion of the conveyance of Project Irrigation Works under this Act, the District shall— (1) be liable for all acts or omissions relating to the operation and use of the Project Irrigation Works that occur before or after the conveyance except for the Grillo Claim, government contractor construction claims accruing at any time, and any other suits or claims filed as of the date of the Settlement Agreement; (2) absolve the United States and its officers and agents of responsibility and liability for the design and construction including latent defects associated with the Project; and (3) assume responsibility to indemnify and defend the United States against all claims whether now known or unknown and including those of third party claims associated with, arising from, or in any way related to, the Project except for the Grillo Claim, government contractor construction claims

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