Page:United States Statutes at Large Volume 123.djvu/1408

 123STA T . 13 8 8 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(k)EF F IC I ENTUS E .—Thediv e rs i on s a nd u ses au t hori z ed f or the P ro j e c t under this S ection re p resent uni q ue and efficient uses of C o l orado R iver apportion m ents in a manner that Con g ress has determined w ould b e consistent with the obligations of the United States to the N avajo Nation. SEC.106 0 4 . PROJ EC T CO N TR A CTS. (a) N AV A JO NATION CONT R ACT.— ( 1 ) HYD RO L O G IC DETER M INATION.—Congress recognizes that the H y drologic D etermination necessary to support approval of the Contract has been completed. ( 2 ) CONTRACT A P PROVAL.— ( A ) APPROVAL.— (i) I N GENERAL.—E x cept to the extent that any provision of the Contract conflicts with this subtitle , Congress approves, ratifies, and confirms the Contract. (ii) AMENDMENTS.—To the extent any amendment is executed to make the Contract consistent with this subtitle, that amendment is authorized, ratified, and confirmed. ( B )E X EC U TION OF CONTRACT.—The Secretary, acting on behalf of the United States, shall enter into the Contract to the extent that the Contract does not conflict with this subtitle (including any amendment that is required to make the Contract consistent with this subtitle). ( 3 ) NONREIM B URSABILITY OF ALLOCATED COSTS.—The fol - lowing costs shall be nonreimbursable and not subject to repay- ment by the Nation or any other Project beneficiary (A) Any share of the construction costs of the Nation relating to the Project authorized by section 1 06 02(a). (B) Any costs relating to the construction of the Navajo Indian Irrigation Project that may otherwise be allocable to the Nation for use of any facility of the Navajo Indian Irrigation Project to convey water to each Navajo commu- nity under the Project. (C) Any costs relating to the construction of Navajo Dam that may otherwise be allocable to the Nation for water deliveries under the Contract. ( 4 ) O PERATION, MAINTENANCE, AND REPLACEMENT OBLIGA- TION.—Subject to subsection (f), the Contract shall include provisions under which the Nation shall pay any costs relating to the operation, maintenance, and replacement of each facility of the Project that are allocable to the Nation. ( 5 ) L IMITATION, CANCELLATION, TERMINATION, AND RESCIS- SION.—The Contract may be limited by a term of years, can- celed, terminated, or rescinded only by an Act of Congress. (b) CITY OF G ALLUP CONTRACT.— (1) CONTRACT AUT H ORI Z ATION.—Consistent with this sub- title, the Secretary is authorized to enter into a repayment contract with the City that requires the City— (A) to repay, within a 50-year period, the share of the construction costs of the City relating to the Project, with interest as provided under section 10305 and (B) consistent with section 10603(g), to pay the oper- ation, maintenance, and replacement costs of the Project that are allocable to the City. (2) CONTRACT PREPAYMENT.—