124 STAT. 3146 PUBLIC LAW 111–291—DEC. 8, 2010 and consistent with this title, the Settlement Agreement, and the Cost-Sharing and System Integration Agreement. (D) ANNUAL REPORT.—The Pueblos shall submit to the Secretary an annual report that describes all expenditures from the Fund during the year covered by the report. (6) NO PER CAPITA PAYMENTS.—No part of the principal of the Fund, or the interest or income accruing on the principal shall be distributed to any member of a Pueblo on a per capita basis. (7) AVAILABILITY OF AMOUNTS FROM THE FUND.— (A) APPROVAL OF SETTLEMENT AGREEMENT.— (i) IN GENERAL.—Except as provided in clause (ii), amounts made available under section 617(c)(1), or from other authorized sources, shall be available for expenditure or withdrawal only after the publication of the statement of findings required by section 623(a)(1). (ii) EXCEPTION.—Notwithstanding clause (i), the amounts described in that clause may be expended before the date of publication of the statement of findings under section 623(a)(1) for any activity that is more cost-effective when implemented in conjunction with the construction of the Regional Water System, as determined by the Secretary. (B) COMPLETION OF CERTAIN PORTIONS OF REGIONAL WATER SYSTEM.—Amounts made available under section 617(c)(1) or from other authorized sources shall be available for expenditure or withdrawal only after those portions of the Regional Water System described in section 1.5 .24 of the Settlement Agreement have been declared substan- tially complete by the Secretary. SEC. 616. ENVIRONMENTAL COMPLIANCE. (a) IN GENERAL.—In carrying out this subtitle, the Secretary shall comply with each law of the Federal Government relating to the protection of the environment, including— (1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (b) NATIONAL ENVIRONMENTAL POLICY ACT.—Nothing in this title affects the outcome of any analysis conducted by the Secretary or any other Federal official under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 617. FUNDING. (a) REGIONAL WATER SYSTEM.— (1) FUNDING.— (A) MANDATORY APPROPRIATION.—Subject to paragraph (5), out of any funds in the Treasury not otherwise appro- priated, the Secretary of the Treasury shall transfer to the Secretary for the planning, design, and construction of the Regional Water System and the conduct of environ- mental compliance activities under section 616 an amount not to exceed $56,400,000, as adjusted under paragraph (4), for the period of fiscal years 2011 through 2016, to remain available until expended.
