Page:United States Statutes at Large Volume 124.djvu/3155

 124 STAT. 3129 PUBLIC LAW 111–291—DEC. 8, 2010 Settlement Fund’’, to be established in the Treasury of the United States so that such funds may be made available on the Enforcement Date as set forth in section 507(a). (3) RECEIPT AND ACCEPTANCE.—The Secretary shall be enti- tled to receive, shall accept, and shall use to carry out this title the funds transferred under paragraphs (1)(A) and (2)(A)(i), without further appropriation, to remain available until expended. (d) AUTHORITY OF SECRETARY.—The Secretary is authorized to enter into such agreements and to take such measures as the Secretary may deem necessary or appropriate to fulfill the intent of the Settlement Agreement and this title. (e) ENVIRONMENTAL COMPLIANCE.— (1) EFFECT OF EXECUTION OF SETTLEMENT AGREEMENT.— The Secretary’s execution of the Settlement Agreement shall not constitute a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) COMPLIANCE WITH ENVIRONMENTAL LAWS.—In carrying out this title, the Secretary shall comply with each law of the Federal Government relating to the protection of the environment, including— (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (f) CONDITIONS PRECEDENT AND SECRETARIAL FINDING.— (1) IN GENERAL.—Upon the fulfillment of the conditions precedent described in paragraph (2), the Secretary shall pub- lish in the Federal Register a statement of finding that the conditions have been fulfilled. (2) CONDITIONS.—The conditions precedent referred to in paragraph (1) are the following: (A) The President has signed into law the Taos Pueblo Indian Water Rights Settlement Act. (B) To the extent that the Settlement Agreement con- flicts with this title, the Settlement Agreement has been revised to conform with this title. (C) The Settlement Agreement, so revised, including waivers and releases pursuant to section 510, has been executed by the Parties and the Secretary prior to the Parties’ motion for entry of the Partial Final Decree. (D) Congress has fully appropriated or the Secretary has provided from other authorized sources all funds made available under paragraphs (1) and (2) of subsection (c). (E) The Legislature of the State of New Mexico has fully appropriated the funds for the State contributions as specified in the Settlement Agreement, and those funds have been deposited in appropriate accounts. (F) The State of New Mexico has enacted legislation that amends NMSA 1978, section 72–6–3 to state that a water use due under a water right secured to the Pueblo under the Settlement Agreement or the Partial Final Decree may be leased for a term, including all renewals, not to exceed 99 years, provided that this condition shall not be construed to require that said amendment state that any State law based water rights acquired by the New Mexico. Federal Register, publication. Contracts.