12 2 STA T .84 8 PUBLIC LA W 11 0– 22 9—M A Y 8 , 2008 (i i )car r yout a n y p ro je ct s an d acti v ities t h at are desi g nated f ori m p l ementation during the F irst I ncre - ment . ( B ) AUTHORI T Y O FSEC RET A RY. — For purposes of car- rying out this section , the S ecretary, in cooperation w ith the G overnance C ommittee, may— (i) enter into agreements and contracts with Fed- eral and non-Federal entities
(ii) ac q uire interests in land, water, and facilities from willing sellers without the use of eminent domain; (iii) su b sequently transfer any interests acquired under clause (ii); and (iv) accept or provide grants. ( 3 ) COST-SHARI NG CONTRI B UTIONS.— (A) IN GENERA L .—As provided in the Agreement, the States shall contribute not less than 50 percent of the total contributions necessary to carry out the P rogram. (B) N ON-FE D ERAL CONTRIBUTIONS.— T he following con- tributions shall constitute the States ’ share of the Program
(i) $ 30,000,000 in non-Federal funds, with the bal- ance of funds remaining to be contributed to be adjusted for inflation on O ctober 1 of the year after the date of enactment of this Act and each October 1 thereafter. (ii) Credit for contributions of water or land for the purposes of implementing the Program, as deter- mined to be appropriate by the Secretary. (C) IN- K IND CONTRIBUTIONS.—The Secretary or the States may elect to provide a portion of the Federal share or non-Federal share, respectively, in the form of in- k ind goods or services, if the contribution of goods or services is approved by the Governance Committee, as provided in Attachment 1 of the Agreement. ( 4 ) AUTHORITY TO M ODIFY P ROGRAM.—The Program may be modified or amended before the completion of the First Increment if the Secretary and the States determine that the modifications are consistent with the purposes of the Program. (5) E FFECT.— (A) EFFECT ON RECLAMATION LA W S.—No action carried out under this subsection shall, with respect to the acreage limitation provisions of the reclamation laws— (i) be considered in determining whether a district (as the term is defined in section 2 02 of the R eclama- tion Reform Act of 1 98 2 (43 U .S.C. 390bb)) has dis- charged the obligation of the district to repay the construction cost of project facilities used to make irrigation water available for delivery to land in the district; (ii) serve as the basis for reinstating acreage limitation provisions in a district that has completed payment of the construction obligations of the district; or (iii) serve as the basis for increasing the construc- tion repayment obligation of the district, which would e x tend the period during which the acreage limitation provisions would apply.
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