Page:United States Statutes at Large Volume 123.djvu/1396

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123STA T . 13 76PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(B)AD D IT I ONALEXP ENDIT UR E S.—TheS e cr e ta r ym ay e xp e nd m o re than $120, 000,000 f oranyf is ca l year if s u ch amounts are a v aila b le in the F und due to expenditures not reachin g $120,000,000 for prior fiscal years. (2) AUT H ORIT Y .—The Secretary may expend money from the Fund to implement a settlement agreement approved by C ongress that resolves, in w hole or in part, litigation involving the U nited States, if the settlement agreement or implementing legislation re q uires the Bureau of R eclamation to provide finan - cial assistance for, or plan, design, and construct— (A) water supply infrastructure

or (B) a pro j ect— (i) to rehabilitate a water delivery system to con- serve water; or (ii) to restore fish and wildlife habitat or otherwise improve environmental conditions associated with or affected by, or located within the same river basin as, a Federal reclamation project that is in existence on the date of enactment of this Act. ( 3 ) USE F OR C O M PLETION OF PRO J ECT AND OTHER SETTLE- MENTS.— (A) P RIORITIES.— (i) FIRST PRIORITY.— ( I )IN G ENERAL.—The first priority for expendi- ture of amounts in the Fund during the entire period in which the Fund is in existence shall be for the purposes described in, and in the order of, clauses (i) through (iv) of subparagraph (B). (II) RESER V ED AMOUNTS.—The Secretary shall reserve and use amounts deposited into the Fund in accordance with subclause (I). (ii) O THER PURPOSES.—Any amounts in the Fund that are not needed for the purposes described in subparagraph (B) may be used for other purposes authori z ed in paragraph (2). (B) COMPLETION OF PROJECT.— (i) N AVAJO-GALLUP W ATER SUPPLY PROJECT.— (I) IN GENERAL.—Subject to subclause (II), effective beginning J anuary 1, 2020, if, in the judg- ment of the Secretary on an annual basis the deadline described in section 10 7 01(e)(1)(A)(ix) is unli k ely to be met because a sufficient amount of funding is not otherwise available through appropriations made available pursuant to section 10 6 0 9 (a), the Secretary shall expend from the Fund such amounts on an annual basis consistent with paragraphs (1) and (2), as are necessary to pay the Federal share of the costs, and substan- tially complete as expeditiously as practicable, the construction of the water supply infrastructure authorized as part of the Project. (II) M AXIMUM AMOUNT.— (aa) IN GENERAL.— E xcept as provided under item (bb), the amount expended under subclause (I) shall not exceed $ 5 00,000,000 for the period of fiscal years 2020 through 2029. Ef f ectiv e da te s.D ead l i n es. E xp endit ur es.