Sec. 4. Ratification and execution of the Northeastern Arizona Indian Water Rights Settlement Agreement
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/bill/119/s/953/is/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as modified by this Act and to the extent the Settlement Agreement does not conflict with this Act, the Settlement Agreement is authorized, ratified, and confirmed. If an amendment to the Settlement Agreement, or to any exhibit attached to the Settlement Agreement requiring the signature of the Secretary, is executed in accordance with this Act to make the Settlement Agreement consistent with this Act, the amendment is authorized, ratified, and confirmed, to the extent the amendment is consistent with this Act.
To the extent the Settlement Agreement does not conflict with this Act, the Secretary shall execute the Settlement Agreement, including all exhibits to the Settlement Agreement requiring the signature of the Secretary. Nothing in this Act prohibits the Secretary from approving any modification to the Settlement Agreement, including any exhibit to the Settlement Agreement, that is consistent with this Act, to the extent the modification does not otherwise require congressional approval under section 2116 of the Revised Statutes ( 25 U.S.C. 177 ) or any other applicable Federal law.
Prior to the execution of the Settlement Agreement by the Secretary, the abstracts attached as Exhibits to the Settlement Agreement shall be modified, as necessary— to correct errors or omissions to the satisfaction of the Parties; and to conform with applicable Federal and State law. In implementing the Settlement Agreement (including all exhibits to the Settlement Agreement requiring the signature of the Secretary) and this Act, the Secretary shall comply with all applicable provisions of— 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 Federal environmental laws and regulations.
In implementing the Settlement Agreement and this Act, but excluding environmental compliance related to the iiná bá – paa tuwaqat’si pipeline, the applicable Tribe shall prepare any necessary environmental documents consistent with all applicable provisions of— 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 Federal environmental laws and regulations.
The Secretary shall— independently evaluate the documentation submitted under subsection (c)(2); and be responsible for the accuracy, scope, and contents of that documentation. The execution of the Settlement Agreement by the Secretary under this section shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). Except as provided in paragraph (2), any costs associated with the performance of the compliance activities under subsection
(c)shall be paid from funds deposited in the Navajo Nation Water Projects Trust Fund Account, the Hopi Tribe Groundwater Projects Trust Fund Account, or the San Juan Southern Paiute Tribe Groundwater Projects Trust Fund Account, as applicable, 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. Any costs associated with the performance of the compliance activities under subsection
(c)relating to the iiná bá – paa tuwaqat’si pipeline shall be paid from funds deposited in the iiná bá – paa tuwaqat’si pipeline Implementation Fund Account.
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Sec. 4
Ratification and execution of the Northeastern Arizona Indian Water Rights Settlement Agreement
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