123STA T . 13 9 1 PUBLIC LA W 111 – 11 —M A R .3 0, 2009 section, t h e S ec r et a r y sha l lre v ie w an d ,asa p propriate, u pdate the D ra f t Im pact Statement allocatin g capital construction costs for the P ro j ect .(2)FINALCOST ALLOCATION. —T he repayment contracts entered into with Project Participants under this section shall re q uire that the Secretary perform a final cost allocation when construction of the Project is determined to b e substantially complete. ( 3 ) REP A YM ENT O B LI G ATION.—The Secretary shall deter - mine the repayment obligation of the Project Participants based on the final cost allocation identifying reimbursable and nonre- imbursable capital costs of the Project consistent with this subtitle. (e) O PE R ATION, M AINTENANCE, AN D REPLACEMENT C OST A LLOCATIONS.—For purposes of determining the operation, mainte- nance, and replacement obligations of the Project Participants under this section, the Secretary shall review and, as appropriate, update the Draft Impact Statement that allocates operation, maintenance, and replacement costs for the Project. (f) TEMPORARY W AI V ERS O F PAYMENTS.— ( 1 ) IN GENERAL.—On the date on which the Secretary declares a section of the Project to be substantially complete and delivery of water generated by and through that section of the Project can be made to the N ation, the Secretary may waive, for a period of not more than 1 0 years, the operation, maintenance, and replacement costs allocable to the Nation for that section of the Project that the Secretary determines areine x cess of the ability of the Nation to pay. (2) S U BSE Q UENT PAYMENT BY NATION.—After a waiver under paragraph (1), the Nation shall pay all allocated oper- ation, maintenance, and replacement costs of that section of the Project. (3) PAYMENT BY UNITED STATES.—Any operation, mainte- nance, or replacement costs waived by the Secretary under paragraph (1) shall be paid by the U nited States and shall be nonreimbursable. ( 4 ) E FFECT ON CONTRACTS.—Failure of the Secretary to waive costs under paragraph (1) because of a lac k of availability of Federal funding to pay the costs under paragraph (3) shall not alter the obligations of the Nation or the United States under a repayment contract. ( 5 ) TERMINATION OF AUT H ORITY.—The authority of the Sec- retary to waive costs under paragraph (1) with respect to a Project facility transferred to the Nation under section 10 6 02(f) shall terminate on the date on which the Project facility is transferred. (g) PRO J ECT CONSTRUCTION COMMITTEE.—The Secretary shall facilitate the formation of a project construction committee with the Project Participants and the State of New Mexico— (1) to review cost factors and budgets for construction and operation and maintenance activities
(2) to improve construction management through enhanced communication; and (3) to seek additional ways to reduce overall Project costs. Establi s hmen t .R e v ie w . D ete r minati o n.
