Page:United States Statutes at Large Volume 118.djvu/3572

 118 STAT. 3542 PUBLIC LAW 108–451—DEC. 10, 2004 the irrigation systems described in paragraphs (1) and (2) of subsection (c); or ‘‘(ii) in lieu of the actions described in clause (i), pay to the San Xavier District $18,300,000 (adjusted as provided in section 317(a)(2)) in full satisfaction of the obligations of the United States described in clause (i). ‘‘(B) ELECTION.— ‘‘(i) IN GENERAL.—The San Xavier District Council may make a nonrevocable election whether to receive the benefits described under clause (i) or (ii) of subpara- graph (A) by notifying the Secretary by not later than 180 days after the enforceability date or January 1, 2010, whichever is later, by written and certified reso- lution of the San Xavier District Council. ‘‘(ii) NO RESOLUTION.—If the Secretary does not receive such a resolution by the deadline specified in clause (i), the Secretary shall pay $18,300,000 (adjusted as provided in section 317(a)(2)) to the San Xavier District in lieu of carrying out the obligations of the United States under subparagraph (A)(i). ‘‘(C) SOURCE OF FUNDS AND TIME OF PAYMENT.— ‘‘(i) IN GENERAL.—Payment of $18,300,000 (adjusted as provided in section 317(a)(2)) under this paragraph shall be made by the Secretary from the Lower Colorado River Basin Development Fund— ‘‘(I) not later than 60 days after an election described in subparagraph (B) is made (if such an election is made), but in no event earlier than the enforceability date or January 1, 2010, which- ever is later; or ‘‘(II) not later than 240 days after the enforce- ability date or January 1, 2010, whichever is later, if no timely election is made. ‘‘(ii) PAYMENT FOR ADDITIONAL STRUCTURES.—Pay- ment of amounts necessary to design and construct such additional canals, laterals, farm ditches, and irrigation works as are described in subparagraph (A)(i) shall be made by the Secretary from the Lower Colo- rado River Basin Development Fund, if an election is made to receive the benefits under subparagraph (A)(i). ‘‘(4) IRRIGATION AND DELIVERY AND DISTRIBUTION SYSTEMS IN THE EASTERN SCHUK TOAK DISTRICT.—Except as provided in subsection (d), not later than 1 year after the enforceability date, the Secretary shall complete the design and construction of an irrigation system and delivery and distribution system to serve the farm that is constructed in the eastern Schuk Toak District. ‘‘(d) EXTENSION OF DEADLINES.— ‘‘(1) IN GENERAL.—The Secretary may extend a deadline under subsection (c) if the Secretary determines that compliance with the deadline is impracticable by reason of— ‘‘(A) a material breach by a contractor of a contract that is relevant to carrying out a project or activity described in subsection (c); Notification. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00076 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4

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