; or (B) land withdrawn by the Secretary, only if— (i) the Secretary determines in writing that the withdrawn land is encumbered by facilities to the extent that the withdrawn land is unsuitable for return to the public domain; and (ii) the qualifying entity agrees to pay fair market value based on historical or existing uses for the withdrawn land to be conveyed. (c) Hold harmless No conveyance under this subtitle shall adversely impact applicable Federal power rates, repayment obligations, or other project power uses. 8005. Liability (a) In general Effective on the date of conveyance of any eligible facility under this subtitle, the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the eligible facility, other than damages caused by acts of negligence committed by the United States or by agents or employees of the United States prior to the date of the conveyance. (b) Effect Nothing in this section increases the liability of the United States beyond that currently provided in chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act ). 8006. Benefits After a conveyance of an eligible facility under this subtitle— (1) the conveyed property shall no longer be considered to be part of a Reclamation project; (2) except as provided in paragraph (3), the qualifying entity to which the conveyed property is conveyed shall not be eligible to receive any benefits, including project use power, with respect to the conveyed property, except for any benefit that would be available to a similarly situated entity with respect to property that is not a part of a Reclamation project; and (3) the qualifying entity to which the conveyed property is conveyed may be eligible to receive project use power if— (A) the qualifying entity is receiving project use power as of the date of enactment of this Act; (B) the project use power will be used for the delivery of Reclamation project water