Sec. 514. Enforceability date
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/bill/117/hr/5118/eh/section-514A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided in subsection (d), the Hualapai Tribe water rights settlement agreement, including the waivers and releases of claims described in section 509, shall take effect and be fully enforceable on the date on which the Secretary publishes in the Federal Register a statement of findings that— to the extent the Hualapai Tribe water rights settlement agreement conflicts with this title— the Hualapai Tribe water rights settlement agreement has been revised through an amendment to eliminate the conflict; and the revised Hualapai Tribe water rights settlement agreement, including any exhibits requiring execution by any party to the Hualapai Tribe water rights settlement agreement, has been executed by the required party; the waivers and releases of claims described in section 509 have been executed by the Hualapai Tribe and the United States; the abstracts referred to in subparagraphs 4.8.1.2, 4.8.2.1, and 4.8.2.2 of the Hualapai Tribe water rights settlement agreement have been completed by the Hualapai Tribe; the full amount described in section 507(a)(1), as adjusted by section 507(b), has been deposited in the Hualapai Water Trust Fund Account; the Gila River adjudication decree has been approved by the Gila River adjudication court substantially in the form of the judgment and decree attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.43, as amended to ensure consistency with this title; the Secretary has executed the Hualapai Tribe water delivery contract described in section 513(c); and the Secretary has issued the record of decision required by section 508(d).
Except as provided in paragraph (2), if the Secretary fails to publish in the Federal Register a statement of findings under subsection
(a)by April 15, 2029, or such alternative later date as may be agreed to by the Hualapai Tribe, the Secretary, and the State— this title is repealed; any action taken by the Secretary and any contract or agreement entered into pursuant to this title shall be void; and any amounts appropriated under section 507, together with any investment earnings on those amounts, less any amounts expended under section 506(a)(4)(B), shall revert immediately to the general fund of the Treasury. Notwithstanding paragraph (1), if the Secretary fails to publish in the Federal Register a statement of findings under subsection
(a)by April 15, 2029, or such alternative later date as may be agreed to by the Hualapai Tribe, the Secretary, and the State, section 511 and subsections (a), (b), (c), and
(d)of section 512 shall remain in effect. If the Secretary has not published in the Federal Register the statement of findings under subsection
(a)by April 15, 2029, or such alternative later date as may be agreed to by the Hualapai Tribe, the Secretary, and the State, the United States shall be entitled to offset any Federal amounts made available under section 506(a)(4)(B) that were used or authorized for any use under that section against any claim asserted by the Hualapai Tribe against the United States described in section 509(a)(2)(A). Notwithstanding any other provision of this title, the Bill Williams River phase 2 water rights settlement agreement (including the waivers and releases described in section 509(d) of this title and section 5 of the Bill Williams River phase 2 water rights settlement agreement) shall take effect and become enforceable among the parties to the Bill Williams River phase 2 water rights settlement agreement on the date on which all of the following conditions have occurred: The Hualapai Tribe water rights settlement agreement has become enforceable pursuant to subsection (a). Freeport has submitted to the Arizona Department of Water Resources a conditional withdrawal of any objection to the Bill Williams River watershed instream flow applications pursuant to section 4.4(i) of the Bill Williams River phase 2 water rights settlement agreement, which withdrawal shall take effect on the Bill Williams River Phase 2 Enforceability Date described in this subsection. Not later than the Enforceability Date, the Arizona Department of Water Resources has issued an appealable, conditional decision and order for the Bill Williams River watershed instream flow applications pursuant to section 4.4(iii) of the Bill Williams River phase 2 water rights settlement agreement, which order shall become nonconditional and effective on the Bill Williams River Phase 2 Enforceability Date described in this subsection. The conditional decision and order described in paragraph (3)— becomes final; and is not subject to any further appeal.