of the actual construction costs incurred pursuant to
Article 6 of the contract.
(3) EFFECT
OF
AVAILABILITY
OF
CERTAIN
FUNDS.—In the event that funds become available
from the California State General Fund, from relat-
ed water development mitigation agreements, or as
the result of legislation enacted providing for (A) re-
imbursement of the incremental costs of the facilities
attributable to changes in design or construction for
the benefit of fisheries or navigation, or (B) the
mitigation of impacts caused by other upstream
water users or waste dischargers, such funds shall
be applied to the overall cost of implementing the
contract, thereby evenly reducing the shares paid by
the United States and the California Department of
Water Resources.
(4) OPERATION AND MONITORING COSTS.—The
costs incurred by the United States for operation
and maintenance, including monitoring, shall not ex-
ceed 50 percent of the actual operation and mainte-
nance costs.
(5) ALLOCATION OF UNITED STATES COSTS.—
The costs incurred by the United States for con-
struction and for operation and maintenance shall be
allocated by the Secretary among the reimbursable
and nonreimbursable purposes of the Central Valley
Project for purposes of repayment in accordance
with the Federal reclamation laws (Act of June 17,
1902 (32 Stat. 388), and Acts supplementary there-
to and amendatory thereof).
(6) PAYMENTS BY SOUTH DELTA WATER AGEN-
CY.—Any payment to the United States made by the
South Delta Water Agency pursuant to Article 6.f.
of the contract shall be used for the further imple-
mentation of the contract.
(b) COSTS ASSOCIATED WITH BARRIER AT HEAD OF
OLD RIVER.—Notwithstanding subsection (a), the costs
associated with the barrier at the head of Old River shall
be consistent with section 3406(b)(15) of the Central
Valley Project Improvement Act (106 Stat. 4719).
(c) TREATMENT OF COSTS INCURRED.—The costs
incurred with respect to items covered by the contract,
both before and after the date of execution of the contract,
including interest, shall be included in the total for the
purposes of determining the share of the United States
of construction, operation, and maintenance costs.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) ENVIRONMENTAL, TESTING, AND CONSTRUC-
TION.—There is authorized to be appropriated—
(1) $30,000,000 for the share of the costs of
the United States pursuant to Article 6 of the con-
tract, including environmental, testing, construction,
and repayment of the share of the United States of
past costs incurred by the State of California in de-
veloping the program set forth in the contract; and
(2) such sums as may be necessary for oper-
ation and maintenance.
(b) CONTRACT AMENDMENT.—There is authorized to
be appropriated such funds as are necessary to negotiate
an amendment to the contract in accordance with Article
4.b. of the contract. Nothing in this Act provides author-
ization for implementation of any amendment negotiated
pursuant to Article 4.b. of the contract that is not other-
wise authorized.
(c) AVAILABILITY.—Appropriations pursuant to this
Act are authorized to remain available until expended
without any fiscal year limitation but appropriations for
construction of permanent barriers may not be expended
until the conditions set forth in section 2(a) are completed.
Æ