Page:United States Statutes at Large Volume 106 Part 6.djvu/50

 106 STAT. 4608 PUBLIC LAW 102-575—OCT. 30, 1992 to the District and the Commission as provided for piirsuant to the provisions of this Act. (e) SECRETARIAL RESPONSIBILITY. —The Secretary is responsible for carrying out the responsibilities as specifically identified in this Act and ma^ not delegate his responsibilities under this Act to the Bureau oi Reclamation. The District at its sole option may use the services of the Bureau of Reclamation on any project features. SEC. 202. BONNEVILLE UNIT WATER DEVELOPMENT. (a) Of the amounts authorized to be appropriated in section 201, the following amounts shall be available only for the following features of the Bonneville Unit of the Central Utah Project: (1) IRRIGATION AND DRAINAGE SYSTEM.— (A) $150,000,000 for the construction of an enclosed pipeline primary water conveyance system from Spanish Fork Canyon to Sevier Bridge Reservoir for the piupose of supplying new and supplemental irrigation water supplies to Utah, Juab, Millard, Sanpete, Sevier, Garfield, and Piute Counties. Construction of the facilities specified in the previous sentence shall be undertaken by the District as specified in subparagraph (D) of this paragraph. No funds are authorized to be appropriated for construction of the facilities identified in this paragraph, except as provided for in subparagraph (D) of this paragraph. (B) The authorization to construct the features provided for in subparagraph (A) shall expire if no federally appropriated funds to construct such features have been obligated or expended by the District in accordance with this Act, unless the Secretary determines the District has complied with sections 202, 204, and 205, within five years from the date of its enactment, or such longer time as necessitated for— (i) completion, after the exercise of due diligence, of compliance measures outlined in a biological opinion issued pursuant to the Endangered Species Act (16 U.S.C. 1533 et seq.) for any species that is or may be listed as threatened or endangered under such Act: Provided, however, That such extension of time for the expiration of authorization shall not exceed twelve months beyond the five-year period provided in subparagraph (B) of this paragraph; (ii) judicial review of a completed final environmental impact statement for such features if such review is initiated by parties other than the District, the State, or petitioners of project water; or (iii) a juoicial challenge of the Secretary's failure to make a determination of compliance under this subparagraph. Provided, however, That in the event that construction is not initiated on the features provided for in subparagraph (A), $125,000,000 shall remain authorized pursuant to the provisions of this Act applicable to subparagraph (A) for the construction of alternate features to deliver irrigation water to lands in the Utah Lake drainage basin, exclusive of the features identified in section 201(b). (C) REQUIREMENT FOR BINDING CONTRACTS.— Amounts authorized to carry out subparagraph (A) may not be obligated or expended, and may not oe borrowed against, until binding contracts for the purchase for the purpose of agricultural irrigation of at least 90 percent of the irrigation water to be delivered

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