Sec. 16. Enforceability Date

613 words·~3 min read·/bill/118/hr/8940/ih/section-16

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

The Settlement Agreement, including the waivers and releases of claims described in paragraph 13 of the Settlement Agreement and section 14, shall take effect and be fully enforceable on the date on which the Secretary publishes in the Federal Register a statement of findings in accordance with the following: The Settlement Agreement has been revised, through an amendment and restatement— to eliminate any conflict between the Settlement Agreement and this Act; and to include the executed Water Delivery Contracts required by section 6(c) and subparagraphs 10.1.1, 10.1.2, 10.1.3, 11.1.1, and 11.1.2 as Exhibits to the Settlement Agreement.

The Settlement Agreement, as revised through an amendment and restatement pursuant to paragraph (1), has been signed by not fewer than 30 of the Parties who executed the Settlement Agreement, making the Settlement Agreement effective, including— the United States, acting through the Secretary; the Navajo Nation; the Hopi Tribe; the San Juan Southern Paiute Tribe; the State; the Arizona State Land Department; the Central Arizona Water Conservation District; the Salt River Project Agricultural Improvement and Power District; and the Salt River Valley Water Users’ Association.

Any Exhibit to the Settlement Agreement requiring execution by any Party has been executed by the required Party. The waivers and releases of claims described in paragraph 13 of the Settlement Agreement and section 14 have been executed by the United States, Navajo Nation, Hopi Tribe, San Juan Southern Paiute Tribe, the State, and the other Parties. $5,000,000,000 has been authorized, appropriated, and deposited in the designated accounts pursuant to section 13. The LCR Decree has been approved by the LCR Adjudication Court substantially in the form of the judgment and decree attached as Exhibit 3.1.82 to the Settlement Agreement, as amended to ensure consistency with this Act.

The Gila River Adjudication Decree has been approved by the Gila River Adjudication Court substantially in the form of the judgment and decree attached as Exhibit 3.1.47 to the Settlement Agreement, as amended to ensure consistency with this Act. The San Juan Southern Paiute Tribe and the Navajo Tribal Utility Authority have executed a water services agreement to deliver municipal water to the San Juan Southern Paiute Tribe and its members. Each of the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe have executed the tribal resolution described in subsections (a)(2), (b)(2), and (c)(2) of section 18, respectively, consenting to the limited waiver of sovereign immunity from suit in the circumstances described in that section.

Except as provided in paragraph (2), if the Secretary fails to publish in the Federal Register a statement of findings under subsection

(a)by June 30, 2035, or such alternative later date as may be agreed to by the Navajo Nation, the Hopi Tribe, the San Juan Southern Paiute Tribe, the Secretary, and the State— this Act is repealed; any action taken by the Secretary and any contract or agreement entered into pursuant to this Act shall be void; the United States shall be entitled to offset any Federal amounts made available under section 13(a)(2)(B) that were used under that section against any claims asserted by the Tribes against the United States; and any amounts appropriated under section 13, together with any investment earnings on those amounts, less any amounts expended under section 9, shall revert immediately to the general fund of the Treasury. Section 19 becomes effective on the date of enactment of this Act. Notwithstanding paragraph (1), if the Secretary fails to publish in the Federal Register a statement of findings under that paragraph by June 30, 2035, or such alternative later date as may be agreed to by the Tribes, the Secretary and the State, section 19 shall remain in effect.