Page:United States Statutes at Large Volume 123.djvu/1375

 123STA T . 13 5 5 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(2)thosea ssess m e n ts an dc o l lect i ons shall contin u eto b e counted to w a r dthere q uirements o f the S ecretar y contained in section 3407 (c)(2) of the R eclamation P ro j ects A uthori z ation and Adjustment Act of 19 92 (Public L aw 102 –5 75 10 6 Stat . 4726). SEC.10 00 8 . NOPRIVAT ERI GH TO F ACTION. (a) INGE NE RAL . —N othin g in this p art confers upon any person or entity not a party to the Settlement a pri v ate right of action or claim for relief to interpret or enforce the provisions of this part or the Settlement. (b) A P PL IC A B LE LA W .— T his section shall not alter or curtail any right of action or claim for relief under any other applicable law. SEC. 1000 9 . APPROPRIATIONS SETT L E M ENT F U N D. (a) I M PLEMEN T ATI O N C O S TS.— (1) IN G ENERAL.—The costs of implementing the Settlement shall be covered by payments or in -k ind contributions made by F riant D ivision contractors and other non-Federal parties , including the funds provided in subparagraphs (A) through (D) of subsection (c)(1), estimated to total $ 440,000,000, of which the non-Federal payments are estimated to total $200,000,000 (at O ctober 2006 price levels) and the amount from repaid Central V alley Project capital obligations is esti- mated to total $240,000,000, the additional Federal appropria- tion of $250,000,000 authorized pursuant to subsection (b)(1), and such additional funds authorized pursuant to subsection (b)(2); provided however, that the costs of implementing the provisions of section 10004(a)(1) shall be shared by the State of California pursuant to the terms of a memorandum of under- standing e x ecuted by the State of California and the Parties to the Settlement on September 13, 2006, which includes at least $110,000,000 of State funds. (2) A D DITIONAL AGREEMENTS.— (A) IN GENERAL.—The Secretary shall enter into 1 or more agreements to fund or implement improvements on a project-by-project basis with the State of California. ( B )RE QU IREMENTS.—Any agreements entered into under subparagraph (A) shall provide for recognition of either monetary or in-kind contributions toward the State of California ’ s share of the cost of implementing the provi- sions of section 10004(a)(1). (3) LIMITATION.— E xcept as provided in the Settlement, to the extent that costs incurred solely to implement this Settle- ment would not otherwise have been incurred by any entity or public or local agency or subdivision of the State of Cali- fornia, such costs shall not be borne by any such entity, agency, or subdivision of the State of California, unless such costs are incurred on a voluntary basis. (b) AUT H ORI Z ATION O F APPROPRIATIONS.— (1) IN GENERAL.—In addition to the funding provided in subsection (c), there are also authorized to be appropriated not to exceed $250,000,000 (at October 2006 price levels) to implement this part and the Settlement, to be available until expended; provided however, that the Secretary is authorized to spend such additional appropriations only in amounts equal to the amount of funds deposited in the San J oaquin River