; (ii) is consistent with the responsibilities of the Secretary— (I) to protect land and water resources held in trust for federally recognized Indian Tribes; and (II) to ensure compliance with any applicable international treaties and interstate compacts; and (iii) is in the financial interest of the United States. (3) Status of Reclamation land The criteria established under subsection (a) shall require that any land to be conveyed out of Federal ownership under this Act is— (A) land acquired by the Secretary; or (B) land withdrawn by the Secretary, only if— (i) the Secretary determines in writing that the withdrawn land is encumbered by facilities to the extent that the withdrawn land is unsuitable for return to the public domain; and (ii) the qualifying entity agrees to pay fair market value based on historical or existing uses for the withdrawn land to be conveyed. 6. Liability (a) In general Except as provided in subsection (b), effective beginning on the date of conveyance of any eligible facility under this Act, the United States shall not be liable under any law for damages of any kind arising out of any act, omission, or occurrence based on the prior ownership or operation of the conveyed property. (b) Limitation The United States shall retain the responsibilities and authorities of the United States for a conveyed property based on the prior ownership or operation of the conveyed property by the United States under Federal environmental laws, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq.). 7. Benefits After a conveyance of an eligible facility under this Act— (1) the conveyed property shall no longer be considered to be part of a Reclamation project