Sec. 509. AUTHORIZATIONS, RATIFICATIONS, CONFIRMATIONS, AND CONDITIONS PRECEDENT
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## SEC. 509 AUTHORIZATIONS, RATIFICATIONS, CONFIRMATIONS, AND CONDITIONS PRECEDENT ###
(a)Ratification ####
(1)In general Except to the extent that any provision of the Settlement Agreement conflicts with any provision of this title, the Settlement Agreement is authorized, ratified, and confirmed. ####
(2)Amendments To the extent amendments are executed to make the Settlement Agreement consistent with this title, such amendments are also authorized, ratified, and confirmed. ###
(b)Execution of Settlement Agreement To the extent that the Settlement Agreement does not conflict with this title, the Secretary shall execute the Settlement Agreement, including all exhibits to the Settlement Agreement requiring the signature of the Secretary and any amendments necessary to make the Settlement Agreement consistent with this title, after the Pueblo has executed the Settlement Agreement and any such amendments. ###
(c)Funding ####
(1)Taos pueblo water development fund #####
(A)Mandatory appropriation Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary for deposit in the Taos Pueblo Water Development Fund established by section 505(a), for the period of fiscal years 2011 through 2016, $50,000,000, as adjusted by such amounts as may be required due to increases since April 1, 2007, in construction costs, as indicated by engineering cost indices applicable to the types of construction or rehabilitation involved. #####
(B)Authorization of appropriations In addition to the amount made available under subparagraph (A), there is authorized to be appropriated to the Secretary for deposit in the Taos Pueblo Water Development Fund established by section 505(a) $38,000,000, as adjusted by such amounts as may be required due to increases since April 1, 2007, in construction costs, as indicated by engineering cost indices applicable to the types of construction or rehabilitation involved, for the period of fiscal years 2011 through 2016. ####
(2)Mutual-benefit projects funding #####
(A)Funding ######
(i)Mandatory appropriation Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to provide grants pursuant to section 507 $16,000,000 for the period of fiscal years 2011 through 2016. ######
(ii)Authorization of appropriations In addition to the amount made available under clause (i), there is authorized to be appropriated to the Secretary to provide grants pursuant to section 507 $20,000,000 for the period of fiscal years 2011 through 2016. #####
(B)Deposit in fund The Secretary shall deposit the funds made available pursuant to subparagraph
(A)into a noninterest-bearing fund, to be known as the “Taos Settlement Fund”, to be established in the Treasury of the United States so that such funds may be made available on the Enforcement Date as set forth in section 507(a). ####
(3)Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this title the funds transferred under paragraphs (1)(A) and (2)(A)(i), without further appropriation, to remain available until expended. ###
(d)Authority of Secretary The Secretary is authorized to enter into such agreements and to take such measures as the Secretary may deem necessary or appropriate to fulfill the intent of the Settlement Agreement and this title. ###
(e)Environmental compliance ####
(1)Effect of Execution of Settlement Agreement The Secretary’s execution of the Settlement Agreement shall not constitute a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ####
(2)Compliance With Environmental Laws In carrying out this title, the Secretary shall comply with each law of the Federal Government relating to the protection of the environment, including— #####
(A)the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and #####
(B)the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). ###
(f)Conditions Precedent and Secretarial Finding ####
(1)In general Upon the fulfillment of the conditions precedent described in paragraph (2), the Secretary shall publish in the Federal Register a statement of finding that the conditions have been fulfilled. ####
(2)Conditions The conditions precedent referred to in paragraph
(1)are the following: #####
(A)The President has signed into law the Taos Pueblo Indian Water Rights Settlement Act. #####
(B)To the extent that the Settlement Agreement conflicts with this title, the Settlement Agreement has been revised to conform with this title. #####
(C)The Settlement Agreement, so revised, including waivers and releases pursuant to section 510, has been executed by the Parties and the Secretary prior to the Parties’ motion for entry of the Partial Final Decree. #####
(D)Congress has fully appropriated or the Secretary has provided from other authorized sources all funds made available under paragraphs
(1)and
(2)of subsection (c). #####
(E)The Legislature of the State of New Mexico has fully appropriated the funds for the State contributions as specified in the Settlement Agreement, and those funds have been deposited in appropriate accounts. #####
(F)The State of New Mexico has enacted legislation that amends NMSA 1978, section 72-6-3 to state that a water use due under a water right secured to the Pueblo under the Settlement Agreement or the Partial Final Decree may be leased for a term, including all renewals, not to exceed 99 years, provided that this condition shall not be construed to require that said amendment state that any State law based water rights acquired by the Pueblo or by the United States on behalf of the Pueblo may be leased for said term. #####
(G)A Partial Final Decree that sets forth the water rights and contract rights to water to which the Pueblo is entitled under the Settlement Agreement and this title and that substantially conforms to the Settlement Agreement and Attachment 5 thereto has been approved by the Court and has become final and nonappealable. ###
(g)Enforcement Date The Settlement Agreement shall become enforceable, and the waivers and releases executed pursuant to section 510 and the limited waiver of sovereign immunity set forth in section 511(a) shall become effective, as of the date that the Secretary publishes the notice required by subsection (f)(1). ###
(h)Expiration Date ####
(1)In general If all of the conditions precedent described in section (f)(2) have not been fulfilled by March 31, 2017, the Settlement Agreement shall be null and void, the waivers and releases executed pursuant to section 510 and the sovereign immunity waivers in section 511(a) shall not become effective, and any unexpended Federal funds, together with any income earned thereon, and title to any property acquired or constructed with expended Federal funds, shall be returned to the Federal Government, unless otherwise agreed to by the Parties in writing and approved by Congress. ####
(2)Exception Notwithstanding subsection (h)(1) or any other provision of law, except as provided in subsection (i), title to any property acquired or constructed with expended Federal funds made available under section 505(f) shall be retained by the Pueblo. ###
(i)Right to Set-off If the conditions precedent described in subsection (f)(2) have not been fulfilled by March 31, 2017, and the Settlement Agreement is null and void under subsection (h)(1)— ####
(1)the United States shall be entitled to set off any Federal funds made available under section 505(f) that were used for purposes other than the purchase of water rights against any claim of the Pueblo against the United States described in section 510(b) (but excluding any claim retained under section 510(c)); and ####
(2)the Pueblo shall have the option either— #####
(A)to accept an equitable credit for any water rights acquired with funds made available under section 505(f) against any water rights secured for the Pueblo by the Pueblo, or by the United States on behalf of the Pueblo, in any litigation or future settlement of the case styled New Mexico v. Abeyta and New Mexico v. Arellano, Civil Nos. 7896-BB (U.S.6 D.N.M.) and 7939-BB (U.S. D.N.M.) (consolidated); or #####
(B)to convey to the United States any water rights acquired with funds made available under section 505(f). ###
(j)Extension The dates in subsections
(h)and
(i)and section 510(e) may be extended if the Parties agree that an extension is reasonably necessary.
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Sec. 509
AUTHORIZATIONS, RATIFICATIONS, CONFIRMATIONS, AND CONDITIONS PRECEDENT
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