Sec. 81717. Conditions precedent
300 words·~1 min read·
/bill/116/hr/2/rds/section-81717A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The waivers and release contained in section 81718 of this subtitle 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 subtitle; the agreement, so revised, including waivers and releases of claims set forth in section 81718, 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 under subsection
(a)of section 81716; the State has enacted any necessary legislation and provided the funding required under the agreement and subsection
(c)of section 81716; and the court has entered a final or interlocutory decree that— confirms the Navajo water rights consistent with the agreement and this subtitle; and with respect to the Navajo water rights, is final and nonappealable. 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, 2030— the agreement and this subtitle, including waivers and releases of claims described in those documents, shall no longer be effective; any funds that have been appropriated pursuant to section 81716 but not expended, including any investment earnings on funds that have been appropriated pursuant to such section, shall immediately revert to the general fund of the Treasury; and any funds contributed by the State pursuant to subsection
(c)of section 81716 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.