Page:United States Statutes at Large Volume 100 Part 4.djvu/124

 100 STAT. 3052

PUBLIC LAW 99-546—OCT. 27, 1986

may not be adequate to recover the appropriate share of the existing Federal investment in the project by the year 2030. The contracts shall also include a provision authorizing the Secretary of the Interior to adjust determinations of ability to pay every five years. OPERATION AND MAINTENANCE DEFICITS

Contracts.

SEC. 106. The Secretary of the Interior shall include in each new or amended contract for the delivery of water from the Central Valley project provisions ensuring that any annual deficit (outstanding or hereafter arising) incurred by a Central Valley project water contractor in the payment of operation and maintenance costs of the Central Valley project is repaid by such contractor under the terms of such new or amended contract, together with interest on any such deficit which arises on or after October 1, 1985, at a rate equal to the average market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the applicable reimbursement period of the project, adjusted to the nearest one-eighth of 1 percent. , TITLE II—SUISUN MARSH PRESERVATION AGREEMENT xJ

AUTHORITY TO ENTER AGREEMENT

SEC. 201. The Secretary of the Interior is authorized to execute and implement the agreement between the Department of the Interior, the State of California and the Suisun Resources Conservation District (dated November 1, 1985).
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C O S T - S H A R I N G PROVISIONS

SEC. 202. The costs of implementing the agreement provided in section 201 of this title shall be shared by the Bureau of Reclamation and the California Department of Water Resources in strict accordance with article 12 of that agreement: Provided, That— (a) payments made by the Secretary of the Interior shall not exceed 40 percent of the construction costs incurred under articles 6, 7, and 8 of the agreement, or $50,000,000, whichever is less, plus or minus such amounts as are justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the types of construction involved therein; (b) the Federal share of continuing annual operation and maintenance costs, including monitoring, shall not exceed 40 • percent of the actual operation and maintenance costs; and, '3 (c) the costs incurred by the United States for construction " and for annual operation and maintenance in connection with 5 t' the implementation of said agreement shall constitute an integral part of the cost of the Central Valley project. The Secretary shall allocate such costs to the reimbursable and nonreimbursable purposes served by the project. COSTS INCURRED

SEC. 203. Costs incurred both before and after the date of execution of the agreement herein authorized are to be included in the

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