Sec. 9. Conditions precedent

346 words·~2 min read·/bill/115/s/664/is/section-9

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The waivers and release contained in section 10 of this Act shall become effective as of the date the Secretary causes to be published in the Federal Register a statement of findings that— to the extent that the agreement conflicts with the Act, the agreement has been revised to conform with this Act; the agreement, so revised, including waivers and releases of claims set forth in section 10, has been executed by the parties, including the United States; Congress has fully appropriated, or the Secretary has provided from other authorized sources, all funds authorized by subsections

(a)and

(b)of section 7; the State has enacted any necessary legislation and provided the funding required under the agreement and subsection (f)(2) of section 6 of this Act; and the court has entered a final or interlocutory decree that— confirms the water rights of the Navajo Nation; with respect to the water rights of the Navajo Nation, is final as to all parties to the general stream adjudication and from which no further appeals may be taken; and the Secretary, in consultation with the parties, has determined is consistent in all material respects with the agreement and with the proposed judgment and decree agreed to by the parties to the agreement. If all the conditions precedent described in subsection

(a)have not been fulfilled to allow the Secretary’s statement of findings to be published in the Federal Register by October 31, 2026— the agreement and this Act, including waivers and releases of claims described in those documents, shall no longer be effective; any funds that have been appropriated pursuant to section 7 of this Act but not expended shall immediately revert to the general fund of the United States; and any funds contributed by the State pursuant to subsection (f)(2) of section 6 of this Act but not expended shall be returned immediately to the State. The expiration date set forth in subsection

(b)may be extended if the Navajo Nation, the State, and the United States (acting through the Secretary) agree that an extension is reasonably necessary.