Page:United States Statutes at Large Volume 118.djvu/3573

 118 STAT. 3543 PUBLIC LAW 108–451—DEC. 10, 2004 ‘‘(B) the inability of such a contractor, under such a contract, to carry out the contract by reason of force majeure, as defined by the Secretary in the contract; ‘‘(C) unavoidable delay in compliance with applicable Federal and tribal laws, as determined by the Secretary, including— ‘‘(i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and ‘‘(ii) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or ‘‘(D) stoppage in work resulting from the assessment of a tax or fee that is alleged in any court of jurisdiction to be confiscatory or discriminatory. ‘‘(2) NOTICE OF FINDING.—If the Secretary extends a dead- line under paragraph (1), the Secretary shall— ‘‘(A) publish a notice of the extension in the Federal Register; and ‘‘(B)(i) include in the notice an estimate of such addi- tional period of time as is necessary to complete the project or activity that is the subject of the extension; and ‘‘(ii) specify a deadline that provides for a period for completion of the project before the end of the period described in clause (i). ‘‘(e) AUTHORITY OF SECRETARY.— ‘‘(1) IN GENERAL.—In carrying out this title, after providing reasonable notice to the Nation, the Secretary, in compliance with all applicable law, may enter, construct works on, and take such other actions as are related to the entry or construc- tion on land within the San Xavier District and the eastern Schuk Toak District. ‘‘(2) EFFECT ON FEDERAL ACTIVITY.—Nothing in this sub- section affects the authority of the United States, or any Federal officer, agent, employee, or contractor, to conduct official Fed- eral business or carry out any Federal duty (including any Federal business or duty under this title) on land within the eastern Schuk Toak District or the San Xavier District. ‘‘(f) USE OF FUNDS.— ‘‘(1) IN GENERAL.—With respect to any funds received under subsection (c)(3)(A), the San Xavier District— ‘‘(A) shall hold the funds in trust, and invest the funds in interest-bearing deposits and securities, until expended; ‘‘(B) may expend the principal of the funds, and any interest and dividends that accrue on the principal, only in accordance with a budget that is— ‘‘(i) authorized by the San Xavier District Council; and ‘‘(ii) approved by resolution of the Legislative Council of the Nation; and ‘‘(C) shall expend the funds— ‘‘(i) for any subjugation of land, development of water resources, or construction, operation, mainte- nance, or replacement of facilities within the San Xavier Reservation that is not required to be carried out by the United States under this title or any other provision of law; ‘‘(ii) to provide governmental services, including— ‘‘(I) programs for senior citizens; Federal Register, publication. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00077 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4

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