Sec. 8. Enforceability date

411 words·~2 min read·/bill/119/hr/5935/ih/section-8

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

The enforceability date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— to the extent that the Agreement conflicts with this Act, the Agreement has been amended to conform with this Act; the Agreement, as amended, has been executed by the all the parties to the Agreement, including the United States; Congress has fully appropriated, or the Secretary has provided from other sources, all funds for deposit in the accounts under section 7(a); the Decree Court has approved the Agreement and entered the Final Judgment and Decree; and the waivers and releases under section 9 have been executed by the Tribe and the Secretary.

This Act shall expire in any case in which the Secretary fails to publish a statement of findings under subsection

(a)by not later than— December 31, 2035; or such alternative later date as is agreed to by the Tribe, the Secretary, CVWD, and DWA. If this Act expires under paragraph (1)— the waivers and releases under subsections (a), (b), and

(c)of section 9 shall not become effective; the authorization, ratification, confirmation, and execution of the Agreement under section 4 shall no longer be effective; any action carried out by the Secretary, and contract or agreement entered into, pursuant to this Act shall be void; any unexpended Federal funds appropriated or made available to carry out the activities authorized by this Act, together with any interest earned on those funds, and any water rights or contracts to use water and title to other property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized by this Act, shall be returned to the Federal Government, unless otherwise agreed to by the Tribe and the United States and approved by Congress; and except for Federal funds used to acquire or construct property that is returned to the Federal Government under subparagraph (D), the United States shall be entitled to offset any Federal funds made available to carry out this Act that were expended or withdrawn, or any funds made available to carry out this Act from other Federal authorized sources, together with any interest accrued on those funds, against any Claim against the United States relating to water rights in the State as asserted by the Tribe or any user of the Tribe’s rights or any other matter covered by this subsection; or in any future settlement of water rights of the Tribe.