Page:United States Statutes at Large Volume 123.djvu/1368

 123STA T . 13 48PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(D) D ev e lopm e nt o fa t r a i nin g program on operation an d maintenan c ere qu irement s and practices for a pro j ect facilit y for a transferred w or k s operating entity ’ s workforce . ( E ) Development of a pu b lic outreac h plan on the oper - ation and risks associated with a project facility. ( F ) Development of any other plans or documentation which , in the judgment of the S ecretary, will contribute to public safety and the sage operation of a project facility. ( 2 ) COST S. —T he Secretary is authori z ed to provide, on a non-reimbursable basis, up to 50 percent of the cost of such technical assistance, with the balance of such costs being advanced by the transferred works operating entity or other non-Federal source. The non-Federal 50 percent minimum cost share for such technical assistance may be in the form of in-lieu contributions of resources by the transferred works oper- ating entity or other non-Federal source. SEC.9603 . E XTRAO R DIN AR Y O P ERATION AND M AINTENANCE W OR K PER F ORMED B YT H E SECRETARY. (a) INGE NE RAL .—The Secretary or the transferred works oper- ating entity may carry out, in accordance with subsection (b) and consistent with e x isting transfer contracts, any extraordinary oper- ation and maintenance work on a project facility that the Secretary determines to be reasonably required to preserve the structural safety of the project facility. (b) R E IMBU RSEMENT O F COSTS A RISIN G FROM E X TRAOR D INAR YOP ERATION AND M AINTENAN C E W OR K .— ( 1 ) TREATMENT OF COSTS.—For reserved works, costs incurred by the Secretary in conducting extraordinary operation and maintenance work will be allocated to the authorized reimbursable purposes of the project and shall be repaid within 50 years, with interest, from the year in which work undertaken pursuant to this subtitle is substantially complete. (2) AUT H ORITY OF SECRETARY.—For transferred works, the Secretary is authorized to advance the costs incurred by the transferred works operating entity in conducting extraordinary operation and maintenance work and negotiate appropriate 50-year repayment contracts with project beneficiaries pro- viding for the return of reimbursable costs, with interest, under this subsection
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rovided, however, That no contract entered into pursuant to this subtitle shall be deemed to be a new or amended contract for the purposes of section 20 3 (a) of the Reclamation Reform Act of 1 98 2( 4 3 U .S.C. 390cc(a)). (3) DETERMINATION OF INTEREST RATE.—The interest rate used for computing interest on work in progress and interest on the unpaid balance of the reimbursable costs of extraor- dinary operation and maintenance work authorized by this subtitle shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which extraordinary operation and maintenance work is commenced, on the basis of average market yields on outstanding marketable obligations of the United States with the remaining periods of maturity comparable to the applicable reimbursement period of the project, adjusted to the nearest 1⁄8 of 1 percent on the unamortized balance of any portion of the loan. (c) EMERGENCY EXTRAORDINARY OPERATION AND MAINTENANCE WORK.— Contrac t s.43US C 510b .