123STA T . 13 89PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (A)INGE NE RAL.—Thecontra cta u thor iz e d under p ara -g raph ( 1 ) m a y a l lo w the C ity to s atis f y the repayment o b ligation of the City for construction costs of the P ro j ect on the payment of the share of the City prior to the initi- ation of construction. ( B )A MOU N T .—The amount of the share of the City described in subparagraph (A) shall be determined by agreement between the S ecretary and the City. (C) R E P A Y MENT O B L I GATION.—Any repayment obliga- tion established by the Secretary and the City pursuant to subparagraph (A) shall be subject to a final cost alloca- tion by the Secretary on project completion and to the limitations set forth in paragraph ( 3 ). (3) S H ARE O FC ON S TRUCTION COSTS.— (A) IN GENERAL.—Subject to subparagraph (B) , the Sec- retary shall determine the share of the construction costs of the Project allocable to the City and establish the percentage of the allocated construction costs that the City shall be re q uired to repay pursuant to the contract entered into under paragraph (1), based on the ability of the City to pay. (B) M INIMUM PERCENTAGE.— N otwithstanding subpara- graph (A), the repayment obligation of the City shall be at least 25 percent of the construction costs of the Project that are allocable to the City, but shall in no e v ent e x ceed 35 percent. ( 4 ) EX CESS CONSTRUCTION COSTS.—Any construction costs of the Project allocable to the City in excess of the repayment obligation of the City, as determined under paragraph (3), shall be nonreimbursable. (5) G RANT FUN D S.—A grant from any other F ederal source shall not be credited toward the amount required to be repaid by the City under a repayment contract. ( 6 ) TITLE TRANSFER.—If title is transferred to the City prior to repayment under section 1 0 602(f), the City shall be required to provide assurances satisfactory to the Secretary of fulfillment of the remaining repayment obligation of the City. ( 7 ) W ATER DELI V ERY SUBCONTRACT.—The Secretary shall not enter into a contract under paragraph (1) with the City until the City has secured a water supply for the City ’ s portion of the Project described in section 10603(b)(2)(B), by entering into, as approved by the Secretary, a water delivery subcontract for a period of not less than 40 years beginning on the date on which the construction of any facility of the Project serving the City is completed, with— (A) the Nation, as authorized by the Contract
(B) the J icarilla Apache Nation, as authorized by the settlement contract between the U nited States and the Jicarilla Apache Tribe, authorized by the Jicarilla Apache Tribe Water Rights Settlement Act (Public L aw 102 – 441; 106 Stat. 2237); or (C) an acquired alternate source of water, subject to approval of the Secretary and the State of New Mexico, acting through the New Mexico Interstate Stream Commis- sion and the New Mexico State Engineer. (c) JICARILLA APACHE NATION CONTRACT.— Ef f ectiv e da te .D ete rm i n ati o n.
