Sec. 9. Agreement between the CRIT, the State, and the Secretary
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Prior to approving the first lease or exchange agreement or storage agreement under section 6, the Secretary shall enter into an agreement with the State and the CRIT that describes the procedural, technical, and accounting methodologies for any lease or exchange agreement or storage agreement the CRIT may enter into, including quantification of the reduction in consumptive use and water accounting. The execution of the agreement under subsection
(a)shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). Nothing in this Act shall prohibit the Secretary from agreeing with the CRIT and the State to a modification to an agreement entered into under subsection
(a)(including an appendix or exhibit to the agreement) on the condition that the modification— is in compliance with this Act; and does not otherwise require congressional approval under section 2116 of the Revised Statutes (commonly known as the “Indian Trade and Intercourse Act”) ( 25 U.S.C. 177 ) or any other provision of law.
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