Page:United States Statutes at Large Volume 114 Part 4.djvu/614

 114 STAT. 2676 PUBLIC LAW 106-541—DEC. 11, 2000 SEC. 546. WYNOOCHEE LAKE, WYNOOCHEE RIVER, WASHINGTON. (a) IN GENERAL.—The city of Aberdeen, Washington, may transfer all rights, title, and interests of the city in the land transferred to the city under section 203 of the Water Resources Development Act of 1990 (104 Stat. 4632) to the city of Tacoma, Washington. (b) CONDITIONS. — The transfer under this section shall be subject to the conditions set forth in section 203(b) of the Water Resources Development Act of 1990 (104 Stat. 4632); except that the condition set forth in paragraph (1) of such section shall apply to the city of Tacoma only for so long as the city of Tacoma has a valid license with the Federal Energy Regulatory Commission relating to operation of the Wynoochee Dam, Washington. (c) LIMITATION. — The transfer under subsection (a) may be made only after the Secretary determines that the city of Tacoma will be able to operate, maintain, repair, replace, and rehabilitate the project for Wynoochee Lake, Wynoochee River, Washington, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1193), in accordance with such regulations as the Secretary may issue to ensure that such operation, maintenance, repair, replacement, and rehabilitation is consistent with project purposes. (d) WATER SUPPLY CONTRACT. — The water supply contract designated as DACWD 67-68 -C -0024 shall be null and void if the Secretary exercises the reversionary right set forth in section 203(b)(3) of the Water Resources Development Act of 1990 (104 Stat. 4632). SEC. 547. BLUESTONE, WEST VIRGINIA. (a) IN GENERAL. — The project for flood control, Bluestone Lake, Ohio River basin, West Virginia, authorized by section 4 of the Flood Control Act of June 28, 1938 (52 Stat. 1217), is modified to authorize construction of hydroelectric generating facilities at the project by the Tri-Cities Power Authority of West Virginia under the terms and conditions of the agreement referred to in subsection (b). (b) AGREEMENT. — (1) AGREEMENT TERMS.— The Secretary and the Secretary of Energy, acting through the Southeastern Power Administration, shall enter into a binding agreement with the Tri-Cities Power Authority that contains mutually acceptable terms and conditions and under which the Tri-Cities Power Authority agrees to each of the following: Deadline. (A) To design and construct the generating facilities referred to in subsection (a) within 4 years after the date of such agreement. (B) To reimburse the Secretary for— (i) the cost of approving such design and inspecting such construction; (ii) the cost of providing any assistance authorized under subsection (c)(2); and (iii) the redistributed costs associated with the original construction of the dam and dam safety if all parties agree with the method of the development of the chargeable amounts associated with hydropower at the facility. (C) To release and indemnify the United States from any claims, causes of action, or liabilities that may arise from such design and construction of the facilities referred

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