124 STAT. 3150 PUBLIC LAW 111–291—DEC. 8, 2010 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.). SEC. 623. CONDITIONS PRECEDENT AND ENFORCEMENT DATE. (a) CONDITIONS PRECEDENT.— (1) IN GENERAL.—Upon the fulfillment of the conditions precedent described in paragraph (2), the Secretary shall pub- lish in the Federal Register by September 15, 2017, a statement of findings that the conditions have been fulfilled. (2) REQUIREMENTS.—The conditions precedent referred to in paragraph (1) are the conditions that— (A) to the extent that the Settlement Agreement con- flicts with this subtitle, the Settlement Agreement has been revised to conform with this subtitle; (B) the Settlement Agreement, so revised, including waivers and releases pursuant to section 624, has been executed by the appropriate parties and the Secretary; (C) Congress has fully appropriated, or the Secretary has provided from other authorized sources, all funds authorized by section 617, with the exception of subsection (a)(1) of that section; (D) the Secretary has acquired and entered into appro- priate contracts for the water rights described in section 613(a); (E) for purposes of section 613(a), permits have been issued by the New Mexico State Engineer to the Regional Water Authority to change the points of diversion to the mainstem of the Rio Grande for the diversion and consump- tive use of at least 2,381 acre-feet by the Pueblos as part of the water supply for the Regional Water System, subject to the conditions that— (i) the permits shall be free of any condition that materially adversely affects the ability of the Pueblos or the Regional Water Authority to divert or use the Pueblo water supply described in section 613(a), including water rights acquired in addition to those described in section 613(a), in accordance with section 613(g); and (ii) the Settlement Agreement shall establish the means to address any permit conditions to ensure the ability of the Pueblos to fully divert and consume at least 2,381 acre-feet as part of the water supply for the Regional Water System, including defining the conditions that will not constitute a material adverse affect; (F) the State has enacted any necessary legislation and provided any funding that may be required under the Settlement Agreement; (G) a partial final decree that sets forth the water rights and other rights to water to which the Pueblos are entitled under the Settlement Agreement and this sub- title and that substantially conforms to the Settlement Federal Register, publication.
