Page:United States Statutes at Large Volume 123.djvu/1380

 123STA T . 13 60PUBLIC LA W 111 – 11 —M A R .30, 200 9asprovide d by app l i c able R ecla m a t io n la w, provided t h at the re f erence to the amo u nt of $5 , 0 00,000 shall not be a precedent in any other conte x t and (C) conform to the S ettlement and this part and shall continue so lon g as the contractor pays applicable charges, consistent with subsection (c)( 2 ) and applicable law . (b) FINALADJUSTME NT. —T he amounts paid pursuant to sub - section (a) shall be sub j ect to adjustment following a final cost allocation by the Secretary upon completion of the construction of the Central V alley P roject. I n the event that the final cost allocation indicates that the costs properly assignable to the con- tractor are greater than what has been paid by the contractor, the contractor shall be obligated to pay the remaining allocated costs. The term of such additional repayment contract shall be no less than 1 year and no more than 10 years, however, mutually agreeable provisions regarding the rate of repayment of such amount may be developed by the parties. In the event that the final cost allocation indicates that the costs properly assignable to the contractor are less than what the contractor has paid, the Secretary is authori z ed and directed to credit such overpayment as an offset against any outstanding or future obligation of the contractor. (c) A P PLI C A B ILIT YOF CE R TAIN PRO V ISIONS.— (1) N otwithstanding any repayment obligation under sub- section (a)( 3 )( B ) or subsection (b), upon a contractor ’ s compli- ance with and discharge of the obligation of repayment of the construction costs as provided in subsection (a)(3)(A), the provisions of section 213(a) and (b) of the Reclamation Reform Actof1 98 2(9 6 Stat. 1269) shall apply to lands in such district. (2) Notwithstanding any repayment obligation under para- graph (3)(B) or ( 4 )(B) of subsection (a), or subsection (b), upon a contractor’s compliance with and discharge of the obligation of repayment of the construction costs as provided in para- graphs (3)(A) and (4)(A) of subsection (a), the Secretary shall waive the pricing provisions of section 3405(d) of the Reclama- tion Projects Authorization and Adjustment Act of 1992 (Public L aw 102 – 5 7 5) for such contractor, provided that such contractor shall continue to pay applicable operation and maintenance costs and other charges applicable to such repayment contracts pursuant to the then-current rate-setting policy and applicable law. (3) Provisions of the Settlement applying to Friant D ivision, H idden U nit, and Buchanan Unit long-term water service con- tracts shall also apply to contracts executed pursuant to this section. (d) REDUCTION OF C H AR G E FOR THOSE CONTRACTS CONVERTED PURSUANT TO SUBSECTION (A)(1).— (1) At the time all payments by the contractor re q uired by subsection (a)(3)(A) have been completed, the Secretary shall reduce the charge mandated in section 10007(1) of this part, from 2020 through 2039, to offset the financing costs as defined in section 10010(d)(3). The reduction shall be calculated at the time all payments by the contractor required by subsection (a)(3)(A) have been completed. The calculation shall remain fixed from 2020 through 2039 and shall be based upon antici- pated average annual water deliveries, as mutually agreed upon by the Secretary and the contractor, for the period from Waiver.P a ym e nts .