118 STAT. 3501 PUBLIC LAW 108–451—DEC. 10, 2004 shall be subject to the approval of the Secretary, acting through the Bureau of Indian Affairs within 30 days thereof, or sooner in emergency situations, which approval shall not be unreasonably withheld. Should a required decision of the Bureau of Indian Affairs not be received by the joint control board within 60 days following an action or decision of the joint control board, the joint control board action or decision shall be deemed to have been approved by the Secretary. (3) REHABILITATION COSTS ALLOCABLE TO THE COMMU- NITY.—The rehabilitation costs allocable to the Community under exhibit 20.1 to the Gila River agreement shall be paid from the funds available under paragraph (2)(C) of section 403(f) of the Colorado River Basin Project Act (43 U.S.C. 1543(f)) (as amended by section 107(a)). (4) REHABILITATION COSTS NOT ALLOCABLE TO THE COMMU- NITY.— (A) IN GENERAL.—The rehabilitation costs not allocable to the Community under exhibit 20.1 to the Gila River agreement shall be provided from funds available under paragraph (2)(D)(iv) of section 403(f) of the Colorado River Basin Project Act (43 U.S.C. 1543(f)) (as amended by section 107(a)). (B) SUPPLEMENTARY REPAYMENT CONTRACT.—Prior to the advance of any funds made available to the San Carlos Irrigation and Drainage District pursuant to the provisions of this Act, the Secretary shall execute a supplementary repayment contract with the San Carlos Irrigation and Drainage District in the form provided for in exhibit 20.1 to the Gila River agreement which shall, among other things, provide that— (i) in accomplishing the work under the supple- mental repayment contract— (I) the San Carlos Irrigation and Drainage District— (aa) may use locally accepted engineering standards and the labor and contracting authorities that are available to the District under State law; and (bb) shall be subject to the value engineering program of the Bureau of Rec- lamation established pursuant to OMB Cir- cular A–131; and (II) in accordance with FAR Part 48.101(b), the incentive returned to the contractor through this ‘‘Incentive Clause’’ shall be 55 percent after the Contractor is reimbursed for the allowable costs of developing and implementing the proposal and the Government shall retain 45 percent of such savings in the form of reduced expenditures; (ii) up to 18,000 acre-feet annually of conserved water will be made available by the San Carlos Irriga- tion and Drainage District to the United States pursu- ant to the terms of exhibit 20.1 to the Gila River agreement; and (iii) a portion of the San Carlos Irrigation and Drainage District’s share of the rehabilitation costs VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00035 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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