Page:United States Statutes at Large Volume 124.djvu/3164

 124 STAT. 3138 PUBLIC LAW 111–291—DEC. 8, 2010 The Secretary shall acquire any other land or interest in land that is necessary for the construction of the Regional Water System. (2) WATER RIGHTS.—The Secretary shall not condemn water rights for purposes of the Regional Water System. (d) CONDITIONS FOR CONSTRUCTION.— (1) IN GENERAL.—The Secretary shall not begin construc- tion of the Regional Water System facilities until the date on which— (A) the Secretary executes— (i) the Settlement Agreement; and (ii) the Cost-Sharing and System Integration Agreement; and (B) the State and the County have entered into an agreement with the Secretary to contribute the non-Federal share of the costs of the construction in accordance with the Cost-Sharing and System Integration Agreement. (2) MODIFICATIONS TO REGIONAL WATER SYSTEM.— (A) IN GENERAL.—The State and the County, in agree- ment with the Pueblos, the City, and other signatories to the Cost-Sharing and System Integration Agreement, may modify the extent, size, and capacity of the County Distribution System as set forth in the Cost-Sharing and System Integration Agreement. (B) EFFECT.—A modification under subparagraph (A)— (i) shall not affect implementation of the Settle- ment Agreement so long as the provisions in section 623 are satisfied; and (ii) may result in an adjustment of the State and County cost-share allocation as set forth in the Cost- Sharing and System Integration Agreement. (e) APPLICABLE LAW.—The Indian Self-Determination and Edu- cation Assistance Act (25 U.S.C. 450 et seq.) shall not apply to the design and construction of the Regional Water System. (f) CONSTRUCTION COSTS.— (1) PUEBLO WATER FACILITIES.— (A) IN GENERAL.—Except as provided in subparagraph (B), the expenditures of the Secretary to construct the Pueblo Water Facilities under this section shall not exceed $106,400,000. (B) EXCEPTION.—The amount described in subpara- graph (A) shall be increased or decreased, as appropriate, based on ordinary fluctuations in construction costs since October 1, 2006, as determined using applicable engineering cost indices. (2) COSTS TO PUEBLO.—The costs incurred by the Secretary in carrying out activities to construct the Pueblo Water Facili- ties under this section shall not be reimbursable to the United States. (3) COUNTY DISTRIBUTION SYSTEM.—As a condition of the Secretary using the funds made available pursuant to section 617(a)(1), the costs of constructing the County Distribution System shall be a State and local expense pursuant to the Cost-Sharing and System Integration Agreement. (g) INITIATION OF DISCUSSIONS.— (1) IN GENERAL.—If the Secretary determines that the cost of constructing the Regional Water System exceed the amounts