Sec. 104. Tú ńlį́į́níchoh Water Infrastructure Project Fund
520 words·~2 min read·
/bill/118/hr/8949/ih/section-104·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary shall establish a non-trust interest-bearing account to be known as the Tú ńlį́į́níchoh Water Infrastructure Project Fund ( Project Fund ) to be managed and distributed by the Secretary, for use by the Secretary for carrying out this Act. The Secretary shall establish within the Project Fund the following accounts— the Cragin-Verde Pipeline Account; and the YAN Drinking Water System Account. The Secretary shall deposit— in the Cragin-Verde Pipeline Account, the amounts made available pursuant to section 107(a)(1)(A); and in the YAN Drinking Water System Account, the amounts made available pursuant to section 107(a)(1)(B).
The Cragin-Verde Pipeline Account shall be used by the Secretary to— carry out section 103(b) of this Act, including all required environmental compliance under section 101(c), for the Cragin-Verde Pipeline Project; and reimburse SRP for the proportional Cragin Capital Costs and Cragin O&M Costs associated with water delivered to the Yavapai-Apache Nation from the C.C. Cragin Dam and Reservoir under Subparagraph 8.6.1 of the Agreement. The YAN Drinking Water System Account shall be used by the Secretary to carry out section 103(c) of this Act, including all required environmental compliance under section 101(c), for the YAN Drinking Water System Project.
Except as provided in paragraph (2), amounts appropriated to and deposited in the Project Fund Accounts under sections 107(a)(1)(A) and 107(a)(1)(B) shall not be made available for expenditure until the Enforceability Date. Of the amounts made available under paragraph (1), $13,000,000 shall be made available before the Enforceability Date for the Bureau of Reclamation to carry out environmental compliance and preliminary design of the Tú ńlį́į́níchoh Water Infrastructure Project, subject to the following:
The revision of the Settlement Agreement and exhibits to conform to this Act. Execution by all of the required settlement parties, including the United States, of the conformed Settlement Agreement and exhibits, including the waivers and releases of claims under section 108. In addition to the deposits under subsection (c), any investment earnings, including interest credited to amounts unexpended, are authorized to be appropriated to be used in accordance with the uses described in subsections (d)(1) and (d)(2).
If the total cost of the activities described in either section 103(b) or 103(c) are less than the amounts authorized to be obligated under sections 107(a)(1)(A) and 107(a)(1)(B) to carry out those activities, the Secretary shall deposit the savings into the other account within the Project Fund as described in subsection (b), if such funds are necessary to complete the construction of any component of the Tú ńlį́į́níchoh Water Infrastructure Project. Any funds remaining in the Project Fund at the Date of Substantial Completion shall be deposited in the Yavapai-Apache Nation Water Settlement Trust Fund no later than 60 days after the Date of Substantial Completion.
No later than 30 days after the Date of Substantial Completion, the Yavapai-Apache Nation may direct the allocation and amounts for the deposit of such funds to one or more of the accounts described in section 105(b), but if no timely direction is provided to the Secretary, the Secretary shall deposit the full amount of such funds to the Yavapai-Apache Water Projects Account described in section 105(b)(2).