123STA T . 1313 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(i ii )prov i s io n o f f ac i l i t i e s for u se by t h e D epart -m ent of the N avy
(iv) facilities operation support for the Department of the Navy; an d (v) provision of such other services as the S ecretary of the Navy considers appropriate . ( C ) RELATION TO OT H E R LA WS . — Sections 26 62and2 80 2 of title 1 0 ,U nited States Code, shall not apply to any ne w facilities the construction of which is accepted as in- k ind consideration under this para g raph. (D) CON G RESSIONAL NOTI F I C ATION.— I f the in-kind consideration proposed to be provided under a contract to be entered into under paragraph ( 3 )hasavaluein e x cess of $5 00,000, the contract may not be entered into until the earlier of— (i) the end of the 30-day period beginning on the date on which the Secretary of the Navy submits to the Committee on A rmed Services of the Senate and the Committee on Armed Services of the H ouse of Representatives a report describing the contract and the form and q uantity of the in-kind consideration; or (ii) the end of the 1 4 -day period beginning on the date on which a copy of the report referred to in clause (i) is provided in an electronic medium pursu- ant to section 480 of title 10, United States Code. (e) RE P A YM ENT OB LIGATION OF THE DISTRICT.— (1) DETERMINATION.— (A) IN GENERAL.— E xcept as otherwise provided in this paragraph, the general repayment obligation of the District shall be determined by the Secretary consistent with sub- sections (c)(2) and (e) of section 9 of the Reclamation P ro j ect Act of 1939 (43 U.S.C. 485h) to repay to the United States equitable and appropriate portions, as determined by the Secretary, of the actual costs of constructing, operating, and maintaining the Project. ( B ) G RO U N D WATER.— F or purposes of calculating interest and determining the time when the repayment obligation of the District to the United States commences, the pumping and treatment of groundwater from the Project shall be deemed equivalent to the first use of water from a water storage project. (C) CONTRACTS FOR DELI V ERYOFE X CESS WATER.— T here shall be no repayment obligation under this sub- section for water delivered to the District under a contract described in subsection (d)(3). (2) M ODIFICATION OF RIGHTS AND OBLIGATION BY AGREE- MENT.—The rights and obligations of the United States and the District regarding the repayment obligation of the District may be modified by an agreement between the parties. (f) TRANSFER OF CARE, OPERATION, AND MAINTENANCE.— (1) IN GENERAL.—The Secretary may transfer to the Dis- trict, or a mutually agreed upon third party, the care, operation, and maintenance of the Project under conditions that are— (A) satisfactory to the Secretary and the District; and Reports.
