PUBLIC LAW 100-675—NOV. 17, 1988 102 STAT. 4007

basis, based on ecological equivalency, and shall be imple-
mented concurrent with construction of the works. The Sec- Public lands,
retary shall make available such public lands as he deems
appropriate to meet the requirements of this subsection. The

Secretary is authorized to develop ground water, with a priority
given to nonpptable sources, from public lands to supply water
for fish and wildlife purposes.

(b) OPERATION AND MAINTENANCE DETERMINATION.—The Sec-
retary shall determine the impact of the works on the cost of
operation and maintenance and the existing regulating and storage
capacity of the All American Canal and its Coachella Branch. If the
works result in any added operation and maintenance costs which
exceed the benefits derived from increasing the regulating and
storage capacity of the canals to the Imperial Irrigation District or
the Coachella Valley Water District, the Secretary shall include
such costs in the funding agreement for the works.

(c) CONSTRUCTION AND FUNDING AGREiMENT.—The Secretary, sub-
ject to the provision of section 205 of this title, may enter into an
agreement or agreements with one or more of the California Con-
tractors for the construction or funding of all or a portion of the
works authorized in subsection (a) of this section. The Secretary
shall ensure that such agreement or agreements include provisions
setting forth—

(1) the responsibilities of the parties to the agreement for
funding and assisting with implementing all the duties of the
Secretary identified in subsections (a) and (b) of this section;

(2) the obligation of the Participating Contractors to pay the
additional costs identified in subsection (b) of this section as a
result of the works;

(3) the procedures and requirement for approval and accept- Safety.
ance by the Secretary of such works, including approval of the
quality of construction, measures to protect the public health

and safety, mitigation or replacement, as appropriate, of fish
and wildlife resources or values, and procedures for operation,
maintenance, and protection of such works;

(4) the rights, responsibilities, and liabilities of each party to
the agreement;

(5) the term of such agreements which shall not exceed 55
years and may be renewed if consented to by Imperial Irrigation
District and Coachella Valley Water District according to their
respective interests in the conserved water. If the funding
agreements are not renewed, the Participating Contractors
shall be compensated by the Imperial Irrigation District or the
Coachella Valley Water District for their participation in
the cost of the works. Such compensation shall be equal to the
replacement value of the works less depreciation. Such depre-
ciated value is to be based upon an engineering analysis by the
Secretary of the remaining useful life of the works at the
expiration of the funding agreements;

(6) the obligation of the Participating Contractors or the
United States for repair or other corrective action which would
not have occurred in the absence of the works in the case of
earthquake or other acts of God;

(7) the obligation of the Participating Contractors or the
United States to hold harmless Imperial Irrigation District and
Coachella Valley Water District for liability to third parties