All new projects or facilities constructed in accordance with this subchapter shall remain under the jurisdiction and control of the non-Federal borrower subject to the terms of the repayment agreement.
Nothing in this subchapter affects the title of-
(1) reclamation projects authorized prior to December 22, 2006;
(2) works supplemental to existing reclamation projects; or
(3) works constructed to rehabilitate existing reclamation projects.
(