43 U.S.C. § 422e — Contract requirements

Upon approval of any project proposal by the Secretary under the provisions of [section 422d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section422d&num=0&edition=prelim), he may negotiate a contract which shall set out, among other things— **(a)** the maximum amount of any loan to be made to the organization and the time and method of making the same available to the organization. Said loan shall not exceed the lesser of (1) two-thirds of the maximum allowable estimated total project cost as determined by [section 422b(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section422b/f&num=0&edition=prelim), or (2) the estimated total cost of the project minus the contribution of the local organization as provided in [section 422d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section422d/b&num=0&edition=prelim) and the amount of the grant approved; **(b)** the maximum amount of any grant to be accorded the organization. Said grant shall not exceed the sum of the following: (1) the costs of investigations, surveys, and engineering and other services necessary to the preparation of proposals and plans for the project allocable to fish and wildlife enhancement or public recreation; (2) one-half the costs of acquiring lands or interests therein to serve exclusively the purposes of fish and wildlife enhancement or public recreation, plus the costs of acquiring joint use lands and interests therein properly allocable to fish and wildlife enhancement and public recreation; (3) one-half the costs of basic public outdoor recreation facilities or facilities serving fish and wildlife enhancement purposes exclusively; (4) one-half the costs of construction of joint use facilities properly allocable to fish and wildlife enhancement or public recreation; (5) that portion of the estimated cost of constructing the project which, if it were constructed as a Federal reclamation project, would be properly allocable to functions, other than recreation and fish and wildlife enhancement and flood control, which are nonreimbursable under general provisions of law applicable to such projects; and (6) that portion of the estimated cost of constructing the project which is allocable to flood control and which would be nonreimbursable under general provisions of law applicable to projects constructed by the Secretary of the Army.11 So in original. The period probably should be a semicolon. **(c)** a plan of repayment by the organization of (1) the sums lent to it in not more than forty years from the date when the principal benefits of the project first become available; (2) interest, as determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which the contract is executed, on the basis of the average market yields on outstanding marketable obligations of the United States with remaining periods of maturity comparable to the applicable reimbursement period of the project, adjusted to the nearest one-eighth of 1 percent on the unamortized balance of any portion of the loan— (A) which is attributable to furnishing irrigation benefits in each particular year to land held in private ownership by a qualified recipient or by a limited recipient, as such terms are defined in [section 390bb of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390bb&num=0&edition=prelim), in excess of three hundred and twenty irrigable acres; or, (B) which is allocated to domestic, industrial, or municipal water supply, commercial power, fish and wildlife enhancement, or public recreation except that portion of such allocation attributable to furnishing benefits to a facility operated by an agency of the United States, which portion shall bear no interest.1 **(d)** provision for operation of the project, if a grant predicated upon its performance of nonreimbursable functions is made, in accordance with regulations with respect thereto prescribed by the head of the Federal department or agency primarily concerned with those functions and, in the event of noncompliance with such regulations, for operation by the United States or for repayment to the United States of the amount of any such grant; **(e)** such provisions as the Secretary shall deem necessary or proper to provide assurance of and security for prompt repayment of the loan and interest as aforesaid. The liability of the United States under any contract entered into pursuant to this subchapter shall be contingent upon the availability of appropriations to carry out the same, and every such contract shall so recite; and **(f)** provisions conforming to the preference requirements contained in the proviso to [section 485h(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section485h/c&num=0&edition=prelim), if the project produces electric power for sale.