Sec. 4. Ratification of Agreement
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Except as modified by this Act, and to the extent that the Agreement does not conflict with this Act, the Agreement is authorized, ratified, and confirmed. If an amendment to the Agreement, or to any exhibit to the Agreement requiring the signature of the Secretary, is executed in accordance with this Act to make the Agreement consistent with this Act, the amendment is authorized, ratified, and confirmed. To the extent the Agreement does not conflict with this Act, the Secretary shall execute the Agreement, including all exhibits thereto or parts of the Agreement requiring the signature of the Secretary.
Nothing in this Act prohibits the Secretary, after execution of the Agreement, from approving any modification to the Agreement, including an exhibit to the Agreement, that is consistent with this Act, to the extent that the modification does not otherwise require congressional approval under section 2116 of the Revised Statutes ( 25 U.S.C. 177 ) or any other applicable provision of Federal law. In implementing the Agreement and this Act, the Secretary shall comply with— the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), including the implementing regulations of that Act; and all other applicable Federal environmental laws and regulations.
In implementing the Agreement and this Act, the Pueblo shall prepare any necessary environmental documents consistent with— the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), including the implementing regulations of that Act; and all other applicable Federal environmental laws and regulations. The Secretary shall— independently evaluate the documentation required under subparagraph (A); and be responsible for the accuracy, scope, and contents of that documentation.
For any bosque restoration or improvement project carried out by the Pueblo with funds appropriated under this Act, the Pueblo shall coordinate with the Corps of Engineers to ensure that work on the project shall not interfere with or adversely affect any authorized Federal project that is under the jurisdiction and authority of the Corps of Engineers. The execution of the Agreement by the Secretary under this section shall not constitute a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).
Any costs associated with the performance of the compliance and coordination activities under this subsection shall be paid from funds deposited in the Trust Fund, subject to the condition that any costs associated with the performance of Federal approval or other review of that compliance work or costs associated with inherently Federal functions shall remain the responsibility of the Secretary, with the exception that costs for review of bosque restoration or improvement projects by the Corps of Engineers described in paragraph (2)(C) shall be paid from funds deposited in the Trust Fund.
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