123STA T . 13 96PUBLIC LA W 111 – 11 —M A R .3 0, 2009 anyco n ju nc tive u s e w e l lsatati m eine x cess o f3 yea r s after t h e well is d eclared su b stantially com p lete .( c )SANJU AN RIVERI RRI G A T I O N P RO J E C T S . — ( 1 ) IN GENERA L .— T here are authori z ed to be appropriated to the Secretary— ( A ) to carry out section 1 06 0 7 (a)(1) , not more than $ 7,700,000, as adjusted under para g raph ( 2 ), for the period of fiscal years 200 9 through 2016, to remain available until expended
and ( B ) to carry out section 10607(a)(2), not more than $1 5 , 4 00,000, as adjusted under paragraph (2), for the period of fiscal years 2009 through 2019, to remain available until expended. (2) A D JUST M ENT.—The amounts made available under paragraph (1) shall be adjusted by such amounts as may be re q uired by reason of changes since January 1, 2004, in construction costs, as indicated by engineering cost indices applicable to the types of construction involved in the rehabilita - tion. (3) N ONREIM B URSABLE E XP ENDITURES.—Amounts made available under this subsection shall be nonreimbursable to the U nited States. (d) O T H ER IRRIGATION PROJECTS.—There are authorized to be appropriated to the Secretary to carry out section 1060 8 $11,000,000 for the period of fiscal years 2009 through 2019. (e) C ULTURAL RESOURCES.— (1) IN GENERAL.—The Secretary may use not more than 2 percent of amounts made available under subsections (a), (b), and (c) for the survey, recovery, protection, preservation, and display of archaeological resources in the area of a Project facility or conjunctive use well. (2) NONREIMBURSABLE EXPENDITURES.—Any amounts made available under paragraph (1) shall be nonreimbursable. (f) F ISH AND W ILDLI F E FACILITIES.— (1) IN GENERAL.—In association with the development of the Project, the Secretary may use not more than 4 percent of amounts made available under subsections (a), (b), and (c) to purchase land and construct and maintain facilities to miti- gate the loss of, and improve conditions for the propagation of, fish and wildlife if any such purchase, construction, or maintenance will not affect the operation of any water project or use of water. (2) NONREIMBURSABLE EXPENDITURES.—Any amounts expended under paragraph (1) shall be nonreimbursable. PARTIV—N AVA JO NATION W AT E RRI GH T SSEC.107 01. AGR EE M E NT . (a) AGREEMENT APPROVAL.— (1) APPROVAL B Y CONGRESS.— E xcept to the extent that any provision of the Agreement conflicts with this subtitle, Congress approves, ratifies, and confirms the Agreement (including any amendments to the Agreement that are executed to ma k e the Agreement consistent with this subtitle). (2) EXECUTION BY SECRETARY.—The Secretary shall enter into the Agreement to the extent that the Agreement does not conflict with this subtitle, including— 43USC620note.
