PUBLIC LAW 106-541—DEC. 11, 2000 114 STAT. 2677 to in subsection (a), including any liability that may arise out of the removal of the facility if directed by the Secretary. (2) ADDITIONAL TERMS. — The agreement shall also specify each of the following: (A) The procedures and requirements for approval and acceptance of design, construction, and operation and maintenance of the facilities referred to in subsection (a). (B) The rights, responsibilities, and liabilities of each party to the agreement. (C) The amount of the payments under subsection (f) and the procedures under which such payments are to be made. (c) OTHER REQUIREMENTS.— (1) PROHIBITION.—No Federal funds may be expended for the design, construction, and operation and maintenance of the facilities referred to in subsection (a) prior to the date on which such facilities are accepted by the Secretary under subsection (d). (2) REIMBURSEMENT. — Notwithstanding any other provision of law, if requested by the Tri-Cities Power Authority, the Secretary may provide, on a reimbursable basis, assistance in connection with the design and construction of the generating facilities referred to in subsection (a). (d) COMPLETION OF CONSTRUCTION. — (1) TRANSFER OF FACILITIES. — Notwithstanding any other provision of law, upon completion of the construction of the facilities referred to in subsection (a) and final approval of such facilities by the Secretary, the Tri-Cities Power Authority shall transfer without consideration title to such facilities to the United States, and the Secretary shall— (A) accept the transfer of title to such facilities on behalf of the United States; and (B) operate and maintain the facilities. (2) CERTIFICATION. —The Secretary may accept title to the facilities pursuant to paragraph (1) only after certifying that the quality of the construction meets all standards established for similar facilities constructed by the Secretary. (3) AUTHORIZED PROJECT PURPOSES.— The operation and maintenance of the facilities shall be conducted in a manner that is consistent with other authorized project purposes of the Bluestone Lake facility. (e) EXCESS POWER.—Pursuant to any agreement under subsection (b), the Southeastern Power Administration shall market the excess power produced by the facilities referred to in subsection (a) in accordance with section 5 of the Rivers and Harbors Act of December 22, 1944 (16 U.S.C. 825s; 58 Stat. 890). (f) PAYMENTS.— Notwithstanding any other provision of law, the Secretary of Energy, acting through the Southeastern Power Administration, may pay, in accordance with the terms of the agreement entered into under subsection (b), out of the revenues from the sale of power produced by the generating facility of the interconnected systems of reservoirs operated by the Secretary and marketed by the Southeastern Power Administration— (1) to the Tri-Cities Power Authority all reasonable costs incurred by the Tri-Cities Power Authority in the design and construction of the facilities referred to in subsection (a).
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