Title 43 — Public LandsRelease 119-73
§2905 Liability
Title 43 › Chapter CHAPTER 47— - RECLAMATION TITLE TRANSFER › § 2905
Summary
When the United States transfers an eligible facility under this chapter, courts cannot make the United States pay for any damages tied to that facility after the transfer. The only exception is for harms that happened before the transfer and were caused by negligence by the United States or its employees or agents. This does not increase how much or in what ways the United States can be sued beyond what chapter 171 of title 28 (the Federal Tort Claims Act) already allows.
Full Legal Text
Title 43, §2905
Public Lands — Source: USLM XML via OLRC
(a)Effective on the date of conveyance of any eligible facility under this chapter, 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)Nothing in this section increases the liability of the United States beyond that currently provided in chapter 171 of title 28 (commonly known as the “Federal Tort Claims Act”).
Reference
Citations & Metadata
Citation
43 U.S.C. § 2905
Title 43 — Public Lands
Last Updated
Apr 6, 2026
Release point: 119-73