ALP 16

1 herein. The actual transfer of OM &R responsibility for the Transferred Works to the
2 Association will occur as set forth in Article 5.
3
4 4. TRANSFERRED WORKS
5 (a) As contemplated by Article 15 below, the United States shall transfer to the
6 Association, pursuant to the process outlined in Article 5, the responsibility for the OM &R of
7 the Transferred Works. In addition, the United States shall also transfer to the Association
8 certain movable property and equipment determined by the Contracting Officer, after
9 Consultation with the Association, to be required for the OM &R of the Transferred Works.
10 A detailed list of the movable property and equipment will be mutually agreed to and
11 included in the Transfer Inspection Report defined below.
12 (b) The Association shall not be responsible for the operation, maintenance, replacement
13 and management of the following Project features, lands, facility relocations, or appurtenant
14 facilities:
15 (1) Navajo Nation Municipal Pipeline, the OM &R responsibility for which will be
16 addressed in the water delivery contract between the Contracting Officer and the Navajo
17 Nation;
18 (2) Recreation facilities at Lake Nighthorse;
19 (3) Mitigation Area and related lands located in the La Plata River Basin;
20 (4) County Road 211, gas lines, power lines;
21 (5) And other facilities as specified between the United States and the Association.
22 (c) Consultation between and approval of both the Association and the United States will
23 be required in any instance where a Contract duty of a party may be affected by any action or
24 program undertaken by the other party.
25
26 5. TRANSFER INSPECTION
27 Transfer from Reclamation construction status to Reclamation OM &R status and
28 subsequent transfer of OM &R responsibility from Reclamation to the Association shall occur
29 as set forth in this article. Title to all Project Works will remain with the United States unless
30 and until the Congress of the United States provides otherwise.
7