123STA T . 13 80PUBLIC LA W 111 – 11 —M A R .30 , 200 9powersub s ta t i o n, power d istribution wor k s,orot h er appur - tenant works ( in cl udin g a building or access road ) that is related to the P ro j ect f acilities authori z edb y paragraphs ( 1 ) through ( 4 ), including power trans m ission facilities and associ- ated wheeling ser v ices to connect Project facilities to e x isting high-voltage transmission facilities and deliver power to the Project . (c) ACQUIS I T I ON O FLA N D . — (1) I N GE NE R A L .— T he S ecretary is authorized to ac q uire any land or interest in land that is necessary to construct, operate, and maintain the Project facilities authorized under subsection (b). ( 2 )LANDOFT H E P RO J ECT PARTICIPANTS.—As a condition of construction of the facilities authorized under this part, the Project Participants shall provide all land or interest in land, as appropriate, that the Secretary identifies as necessary for acquisition under this subsection at no cost to the Secretary. ( 3 )LI M ITATION.—The Secretary may not condemn water rights for purposes of the Project. (d) C ONDITIONS.— (1) IN GENERAL.— E xcept as provided in paragraph (2), the Secretary shall not commence construction of the facilities authorized under subsection (b) until such time as— (A) the Secretary executes the Agreement and the Con- tract
( B ) the contracts authorized under section 1 06 04 are executed; (C) the Secretary— (i) completes an environmental impact statement for the Project; and (ii) has issued a record of decision that provides for a preferred alternative; and ( D ) the Secretary has entered into an agreement with the State of N ew M exico under which the State of New Mexico will provide a share of the construction costs of the Project of not less than $5 0,000,000, except that the State of New Mexico shall receive credit for funds the State has contributed to construct water conveyance facili- ties to the Project Participants to the extent that the facili- ties reduce the cost of the Project as estimated in the Draft Impact Statement. (2) E X CEPTION.—If the J icarilla Apache Nation elects not to enter into a contract pursuant to section 10604, the Sec- retary, after consulting with the Nation, the City, and the State of New Mexico acting through the Interstate Stream Commission, may make appropriate modifications to the scope of the Project and proceed with Project construction if all other conditions for construction have been satisfied. (3) EFFECT OF INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT.—The Indian Self-Determination and Edu- cation Assistance Act (25 U .S.C. 450 et seq.) shall not apply to the design, construction, operation, maintenance, or replace- ment of the Project. (e) PO W ER.—The Secretary shall reserve, from existing reserva- tions of Colorado R iver Storage Project power for Bureau of Rec- lamation projects, up to 26 megawatts of power for use by the Project. Contrac t s. Cons ul tat i on. Contracts.
