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BOARD01830
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Last modified
8/16/2009 3:07:50 PM
Creation date
10/4/2006 7:03:18 AM
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Template:
Board Meetings
Board Meeting Date
5/11/1998
Description
WSP Section - Colorado River Basin Issues - Vallecito Reservoir Transfer Legislation
Board Meetings - Doc Type
Memo
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<br />-c1'05sdzSl(h at thomas.loc.gov <br /> <br />Page 4 of5 <br /> <br />Affairs, at no cost to the District or the Bureau of Indian Affairs, providing adequate access <br />across all lands subject to Forest Service jurisdiction to insure the District and the Bureau of <br />Indian Affairs the ability to continue to operate and maintain the Pine River Project. <br /> <br />. <br /> <br />(4) The undivided 5/6 interest in National Forest System lands that, by reason of the <br />Jurisdictional Transfer is to be administered by Reclamation, shall be conveyed to the District <br />pursuant to section 3(a), <br /> <br />(5) The District and the Bureau ofIndian Affairs shall issue perpetual easements to the Forest <br />Service, at no cost to the Forest Service, from National Forest System lands to Vallecito <br />. Reservoir to assure continued public access to Vallecito Reservoir when the Reservoir level <br />drops below the 7,765-foot water surface elevation. <br /> <br />(6) The District and the Bureau of Indian Affairs shall issue a perpetual easement to the Forest <br />Service, at no cost to the Forest Service, for the reconstruction, maintenance, and operation of <br />a road <br /> <br />from La Plata County Road No. 501 to National Forest System lands east of the Reservoir. <br /> <br />. <br /> <br />(d) VALID EXISTING RIGHTS- Nothing in this section shall affect any valid existing rights or <br />interests in any existing land use authorization, except that any such land use authorization shall <br />be administered by the agency having jurisdiction over the land after the Jurisdictional Transfer <br />in accordance with subsection (c) and other applicable law. Renewal or reissuance of any such <br />authorization shall be in accordance with applicable law and the regulations of the agency having <br />jurisdiction, except that the change of administrative jurisdiction shall not in itself constitute a <br />ground to deny the renewal or reissuance of any such authorization. <br /> <br />SEC. 5. LIABILITY. <br /> <br />Effective on the date of the conveyance of an undivided 5/6 right and interest in the Pine River <br />Project to the District, the United States shall not be held liable by any court for damages of any <br />kind arising out of any act, omission, or occurrence relating to such undivided 5/6 right and <br />interest, except for damages caused by acts of negligence committed by the United States or by <br />its employees, agents, or contractors prior to the date of conveyance. Nothing in this section shall <br />be deemed to increase the liability of the United States beyond that currently provided in the <br />Federal Tort Claims Act (28 U.S.C. 2671 et seq.) <br /> <br />SEe. 6. COMPLETION OF CONVEYANCE. <br /> <br />(a) IN GENERAL- The Secretary's completion of the conveyances under section 3 shall occur <br />promptly after the following events: <br /> <br />(I) Compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), <br />and other applicable Federal and State laws. <br /> <br />(2) A written statement from the Southern Ute Indian Tribe indicating the Tribe's satisfaction <br />that the Tribe's Indian Trust Assets are protected in the conveyance described in section 3. <br /> <br />. <br /> <br />http://lhomas.Joc.gov/cgi -binlquery/C?c I 05: ./temp/-c I 05sdzsxh <br /> <br />4/28/98 <br /> <br />- <br />
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