Page:United States Statutes at Large Volume 124.djvu/3126

 124 STAT. 3100 PUBLIC LAW 111–291—DEC. 8, 2010 the extent such modifications do not otherwise require Congres- sional approval pursuant to section 2116 of the Revised Statutes (25 U.S.C. 177) or other applicable Federal law. (c) ENVIRONMENTAL COMPLIANCE.— (1) IN GENERAL.—In implementing the Compact, the Sec- retary shall promptly comply with all applicable aspects of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and all other applicable environmental Acts and regula- tions. (2) EXECUTION OF THE COMPACT.— (A) IN GENERAL.—Execution of the Compact by the Secretary under this section shall not constitute a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (B) COMPLIANCE.—The Secretary shall carry out all Federal compliance activities necessary to implement the Compact. SEC. 405. REHABILITATION AND IMPROVEMENT OF CROW IRRIGATION PROJECT. (a) IN GENERAL.—Notwithstanding any other provision of law, and without altering applicable law (including regulations) under which the Bureau of Indian Affairs collects assessments and carries out CIP OM&R, other than the rehabilitation and improvement carried out under this section, the Secretary, acting through the Commissioner of Reclamation, shall carry out such activities as are necessary to rehabilitate and improve the water diversion and delivery features of the Crow Irrigation Project, in accordance with an agreement to be negotiated between the Secretary and the Tribe. (b) LEAD AGENCY.—The Bureau of Reclamation shall serve as the lead agency with respect to any activity to rehabilitate or improve the water diversion or delivery features of the Crow Irrigation Project. (c) SCOPE.— (1) IN GENERAL.—The scope of the rehabilitation and improvement under this section shall be as generally described in the document entitled ‘‘Engineering Evaluation of Existing Conditions, Crow Agency Rehabilitation Study’’ prepared by DOWL HKM, and dated August 2007 and updated in a status report dated December 2009 by DOWL HKM, on the condition that prior to beginning construction activities, the Secretary shall review the design of the proposed rehabilitation or improvement and perform value engineering analyses. (2) NEGOTIATION WITH TRIBE.—On the basis of the review described in paragraph (1), the Secretary shall negotiate with the Tribe appropriate changes to the final design so that the final design meets applicable industry standards, as well as changes, if any, that would improve the cost-effectiveness of the delivery of irrigation water and take into consideration the equitable distribution of water to allottees. (d) NONREIMBURSABILITY OF COSTS.—All costs incurred by the Secretary in carrying out this section shall be nonreimbursable. (e) FUNDING.—The total amount of obligations incurred by the Secretary in carrying out this section shall not exceed $131,843,000, except that the total amount of $131,843,000 shall be increased Review.