Sec. 3408. WATER FACILITIES

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## SEC. 3408 WATER FACILITIES ###

(a)In general The Secretary shall, subject to the availability of appropriations, using amounts from the designated accounts of the Fund, provide the amounts necessary to fulfill the obligations of the Band under the Recycled Water Infrastructure Agreement and the ESAA Capacity Agreement, in an amount not to exceed the amounts deposited in the designated accounts for such purposes plus any interest accrued on such amounts from the date of deposit in the Fund to the date of disbursement from the Fund, in accordance with this subtitle and the terms and conditions of those agreements. ###

(b)Nonreimbursability of Costs All costs incurred by the Secretary in carrying out this section shall be nonreimbursable. ###

(c)Recycled Water Infrastructure ####

(1)In general The Secretary shall, using amounts from the Pechanga Recycled Water Infrastructure account, provide amounts for the Storage Pond in accordance with this section. ####

(2)Storage pond #####

(A)In general The Secretary shall, subject to the availability of appropriations, using amounts from the Pechanga Recycled Water Infrastructure account provide the amounts necessary for a Storage Pond in accordance with the Recycled Water Infrastructure Agreement, in an amount not to exceed $2,656,374. #####

(B)Procedure The procedure for the Secretary to provide amounts pursuant to this section shall be as set forth in the Recycled Water Infrastructure Agreement. #####

(C)Liability The United States shall have no responsibility or liability for the Storage Pond. ###

(d)ESAA Delivery Capacity ####

(1)In general The Secretary shall, using amounts from the Pechanga ESAA Delivery Capacity account, provide amounts for Interim Capacity and Permanent Capacity in accordance with this section. ####

(2)Interim capacity #####

(A)In general The Secretary shall, subject to the availability of appropriations, using amounts from the ESAA Delivery Capacity account, provide amounts necessary for the provision of Interim Capacity in accordance with the ESAA Capacity Agreement in an amount not to exceed $1,000,000. #####

(B)Procedure The procedure for the Secretary to provide amounts pursuant to this section shall be as set forth in the ESAA Capacity Agreement. #####

(C)Liability The United States shall have no responsibility or liability for the Interim Capacity to be provided by RCWD or by the Band. #####

(D)Transfer to band If RCWD does not provide the Interim Capacity Notice required pursuant to the ESAA Capacity Agreement by the date that is 60 days after the date required under the ESAA Capacity Agreement, the amounts in the Pechanga ESAA Delivery Capacity account for purposes of the provision of Interim Capacity and Permanent Capacity, including any interest that has accrued on those amounts, shall be available for use by the Band to provide alternative interim capacity in a manner that is similar to the Interim Capacity and Permanent Capacity that the Band would have received had RCWD provided such Interim Capacity and Permanent Capacity. ####

(3)Permanent capacity #####

(A)In general The Secretary shall, subject to the availability of appropriations, using amounts from the ESAA Delivery Capacity account, provide amounts necessary for the provision of Permanent Capacity in accordance with the ESAA Capacity Agreement. #####

(B)Procedure The procedure for the Secretary to provide funds pursuant to this section shall be as set forth in the ESAA Capacity Agreement. #####

(C)Liability The United States shall have no responsibility or liability for the Permanent Capacity to be provided by RCWD or by the Band. #####

(D)Transfer to band If RCWD does not provide the Permanent Capacity Notice required pursuant to the ESAA Capacity Agreement by the date that is 5 years after the enforceability date, the amounts in the Pechanga ESAA Delivery Capacity account for purposes of the provision of Permanent Capacity, including any interest that has accrued on those amounts, shall be available for use by the Band to provide alternative Permanent Capacity in a manner that is similar to the Permanent Capacity that the Band would have received had RCWD provided such Permanent Capacity.