Page:United States Statutes at Large Volume 123.djvu/1402

 123STA T . 13 8 2 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(B)TORTCLAIMS.—Nothing in thi s s ec tion inc r e a ses the l ia b ilit y o f the U nite dS tates beyond the liability p ro -v ided in chapter 17 1 of title 28, United States C ode (co m - monly k no w nasthe ‘ ‘ F ederal Tort Claims A ct ’ ’). ( 4 ) NOTIC E O FP ROPOSE D CO NV E Y ANCE.—Not later than 4 5 days before the date of a proposed conveyance of title to any P ro j ect facility, the Secretary shall s u bmit to the Committee on R esources of the H ouse of Representatives and to the Com- mittee on E nergy and Natural Resources of the Senate notice of the conveyance of each Project facility. (g) COLORADO RIVER STORA G E PRO J ECT PO W ER.—The convey- ance of Project facilities under subsection (f) shall not affect the availability of Colorado River Storage Project power to the Project under subsection (e). (h) REGIONAL USE OF PROJECT FACILITIES.— (1) I N GENERAL.—Subject to paragraph (2), Project facilities constructed under subsection (b) may be used to treat and convey non-Project water or water that is not allocated by subsection 1 06 0 3 (b) if— (A) capacity is available without impairing any water delivery to a Project Participant and (B) the unallocated or non-Project water beneficiary— (i) has the right to use the water; (ii) agrees to pay the operation, maintenance, and replacement costs assignable to the beneficiary for the use of the Project facilities; and (iii) agrees to pay an appropriate fee that may be established by the Secretary to assist in the recovery of any capital cost allocable to that use. (2) EFFECT OF PAYMENTS.—Any payments to the United States or the Nation for the use of unused capacity under this subsection or for water under any subcontract with the Nation or the J icarilla Apache Nation shall not alter the construction repayment re q uirements or the operation, mainte- nance, and replacement payment requirements of the Project Participants. SEC.106 0 3 . D E LIV E RYAN D U SE OF NAVA J O -G ALLU PW A T ER SUPPLY PROJECT WATER. (a) USE OF PROJECT W ATER.— (1) IN GENERAL.—In accordance with this subtitle and other applicable law, water supply from the Project shall be used for municipal, industrial, commercial, domestic, and stock watering purposes. (2) USE ON CERTAIN LAND.— (A) IN GENERAL.—Subject to subparagraph (B), the Nation may use Project water allocations on— (i) land held by the United States in trust for the Nation and members of the Nation; and (ii) land held in fee by the Nation. (B) TRANSFER.—The Nation may transfer the purposes and places of use of the allocated water in accordance with the Agreement and applicable law. (3) HYDROELECTRIC POWER.— (A) IN GENERAL.—Hydroelectric power may be gen- erated as an incident to the delivery of Project water for authori z ed purposes under paragraph (1). Payments.D ea dli ne.