TRANSFER OF MCGEE CREEK PIPELINE AND FACILITIES.

SEC. 9201. TRANSFER OF MCGEE CREEK PIPELINE AND FACILITIES.(a) Definitions.—In this section:(1) Agreement.—The term “Agreement” means the agreement numbered 06–AG–60–2115 and entitled “Agreement Between the United States of America and McGee Creek Authority for the Purpose of Defining Responsibilities Related to and Implementing the Title Transfer of Certain Facilities at the McGee Creek Project, Oklahoma”.(2) Authority.—The term “Authority” means the McGee Creek Authority located in Oklahoma City, Oklahoma.(3) Secretary.—The term “Secretary” means the Secretary of the Interior.(b) Conveyance of Mcgee Creek Project Pipeline and Associated Facilities.—(1) Authority to convey.—(A) In general.—In accordance with all applicable laws and consistent with any terms and conditions provided in the Agreement, the Secretary may convey to the Authority all right, title, and interest of the United States in and to the pipeline and any associated facilities described in the Agreement, including—(i) the pumping plant;(ii) the raw water pipeline from the McGee Creek pumping plant to the rate of flow control station at Lake Atoka;(iii) the surge tank;(iv) the regulating tank;(v) the McGee Creek operation and maintenance complex, maintenance shop, and pole barn; and(vi) any other appurtenances, easements, and fee title land associated with the facilities described in clauses (i) through (v), in accordance with the Agreement.(B) Exclusion of mineral estate from conveyance.—(i) In general.—The mineral estate shall be excluded from the conveyance of any land or facilities under subparagraph (A).(ii) Management.—Any mineral interests retained by the United States under this section shall be managed—(I) consistent with Federal law; and(II) in a manner that would not interfere with the purposes for which the McGee Creek Project was authorized.(C) Compliance with agreement; applicable law.—(i) Agreement.—All parties to the conveyance under subparagraph (A) shall comply with the terms and conditions of the Agreement, to the extent consistent with this section.(ii) Applicable law.—Before any conveyance under subparagraph (A), the Secretary shall complete any actions required under—123 STAT. 1323(I) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);(II) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);(III) the National Historic Preservation Act (16 U.S.C. 470 et seq.); and(IV) any other applicable laws.(2) Operation of transferred facilities.—(A) In general.—On the conveyance of the land and facilities under paragraph (1)(A), the Authority shall comply with all applicable Federal, State, and local laws (including regulations) in the operation of any transferred facilities.(B) Operation and maintenance costs.—(i) In general.—After the conveyance of the land and facilities under paragraph (1)(A) and consistent with the Agreement, the Authority shall be responsible for all duties and costs associated with the operation, replacement, maintenance, enhancement, and betterment of the transferred land and facilities.(ii) Limitation on funding.—The Authority shall not be eligible to receive any Federal funding to assist in the operation, replacement, maintenance, enhancement, and betterment of the transferred land and facilities, except for funding that would be available to any comparable entity that is not subject to reclamation laws.(3) Release from liability.—(A) In general.—Effective beginning on the date of the conveyance of the land and facilities under paragraph (1)(A), the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to any land or facilities conveyed, except for damages caused by acts of negligence committed by the United States (including any employee or agent of the United States) before the date of the conveyance.(B) No additional liability.—Nothing in this paragraph adds to any liability that the United States may have under chapter 171 of title 28, United States Code.(4) Contractual obligations.—(A) In general.—Except as provided in subparagraph (B), any rights and obligations under the contract numbered 0–07–50–X0822 and dated October 11, 1979, between the Authority and the United States for the construction, operation, and maintenance of the McGee Creek Project, shall remain in full force and effect.(B) Amendments.—With the consent of the Authority, the Secretary may amend the contract described in subparagraph (A) to reflect the conveyance of the land and facilities under paragraph (1)(A).(5) Applicability of the reclamation laws.—Notwithstanding the conveyance of the land and facilities under paragraph (1)(A), the reclamation laws shall continue to apply to any project water provided to the Authority.123 STAT. 1324