Section 10701(e)(1)(A)(ix), referred to in subsec. (c)(3)(B)(i)(I), is section 10701(e)(1)(A)(ix) of Pub. L. 111–11, which is set out as a note under section 620 of this title.
Section 10609(a), referred to in subsec. (c)(3)(B)(i)(I), is section 10609(a) of title X of Pub. L. 111–11,
Pub. L. 111–11, title X, § 10303, “(a) The execution of the Agreement under section 10701(a)(2) [43 U.S.C. 620 note] shall not constitute a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).“(b) In carrying out this subtitle [subtitle B (§§ 10301–10704) of title X of Pub. L. 111–11, see Definitions note below], 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.).”
Pub. L. 111–11, title X, § 10302, “(1) The term ‘Aamodt adjudication’ means the general stream adjudication that is the subject of the civil action entitled ‘State of New Mexico, ex rel. State Engineer and United States of America, Pueblo de Nambe, Pueblo de Pojoaque, Pueblo de San Ildefonso, and Pueblo de Tesuque v. R. Lee Aamodt, et al.’, No. 66 CV 6639 MV/LCS (D.N.M.).“(2) The term ‘Abeyta adjudication’ means the general stream adjudication that is the subject of the civil actions entitled ‘State of New Mexico v. Abeyta and State of New Mexico v. Arellano’, Civil Nos. 7896–BB (D.N.M) and 7939–BB (D.N.M.) (consolidated).“(3) The term ‘acre-feet’ means acre-feet per year.“(4) The term ‘Agreement’ means the agreement among the State of New Mexico, the Nation, and the United States setting forth a stipulated and binding agreement signed by the State of New Mexico and the Nation on “(5) The term ‘allottee’ means a person that holds a beneficial real property interest in a Navajo allotment that—“(A) is located within the Navajo Reservation or the State of New Mexico;“(B) is held in trust by the United States; and“(C) was originally granted to an individual member of the Nation by public land order or otherwise.“(6) The term ‘Animas-La Plata Project’ has the meaning given the term in section 3 of Public Law 100–585 (102 Stat. 2973), including Ridges Basin Dam, Lake Nighthorse, the Navajo Nation Municipal Pipeline, and any other features or modifications made pursuant to the Colorado Ute Settlement Act Amendments of 2000 (Public Law 106–554; 114 Stat. 2763A–258).“(7) The term ‘City’ means the city of Gallup, New Mexico, or a designee of the City, with authority to provide water to the Gallup, New Mexico service area.“(8) The term ‘Colorado River Compact’ means the Colorado River Compact of 1922 as approved by Congress in the Act of “(9) The term ‘Colorado River System’ has the same meaning given the term in Article II(a) of the Colorado River Compact.“(10) The term ‘Compact’ means the Upper Colorado River Basin Compact as consented to by the Act of “(11) The term ‘Contract’ means the contract between the United States and the Nation setting forth certain commitments, rights, and obligations of the United States and the Nation, as described in paragraph 6.0 of the Agreement.“(12) The term ‘depletion’ means the depletion of the flow of the San Juan River stream system in the State of New Mexico by a particular use of water (including any depletion incident to the use) and represents the diversion from the stream system by the use, less return flows to the stream system from the use.“(13) The term ‘Draft Impact Statement’ means the draft environmental impact statement prepared by the Bureau of Reclamation for the Project dated March 2007.“(14) The term ‘Fund’ means the Reclamation Waters Settlements Fund established by section 10501(a) [43 U.S.C. 407(a)].“(15) The term ‘hydrologic determination’ means the hydrologic determination entitled ‘Water Availability from Navajo Reservoir and the Upper Colorado River Basin for Use in New Mexico,’ prepared by the Bureau of Reclamation pursuant to section 11 of the Act of June 13, 1962 (Public Law 87–483; 76 Stat. 99) [former 43 U.S.C. 615ss], and dated “(16) The term ‘Lower Basin’ has the same meaning given the term in Article II(g) of the Colorado River Compact.“(17) The term ‘Nation’ means the Navajo Nation, a body politic and federally-recognized Indian nation as provided for in section 101(2) [102(2)] of the Federally Recognized Indian Tribe List [Act] of 1994 (25 U.S.C. 497a(2)) [now 25 U.S.C. 5130(2)], also known variously as the ‘Navajo Tribe,’ the ‘Navajo Tribe of Arizona, New Mexico & Utah,’ and the ‘Navajo Tribe of Indians’ and other similar names, and includes all bands of Navajo Indians and chapters of the Navajo Nation.“(18) The term ‘Navajo-Gallup Water Supply Project’ or ‘Project’ means the Navajo-Gallup Water Supply Project authorized under section 10602(a) [123 Stat. 1379], as described as the preferred alternative in the Draft Impact Statement.“(19) The term ‘Navajo Indian Irrigation Project’ means the Navajo Indian irrigation project authorized by section 2 of Public Law 87–483 (76 Stat. 96) [former 43 U.S.C. 615jj].“(20) The term ‘Navajo Reservoir’ means the reservoir created by the impoundment of the San Juan River at Navajo Dam, as authorized by the Act of “(21) The term ‘Navajo Nation Municipal Pipeline’ or ‘Pipeline’ means the pipeline used to convey the water of the Animas-La Plata Project of the Navajo Nation from the City of Farmington, New Mexico, to communities of the Navajo Nation located in close proximity to the San Juan River Valley in the State of New Mexico (including the City of Shiprock), as authorized by section 15(b) of the Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 100–585; 102 Stat. 2973; 114 Stat. 2763A–263).“(22) The term ‘Non-Navajo Irrigation Districts’ means—“(A) the Hammond Conservancy District;“(B) the Bloomfield Irrigation District; and“(C) any other community ditch organization in the San Juan River basin in the State of New Mexico.“(23) The term ‘Partial Final Decree’ means a final and binding judgment and decree entered by a court in the stream adjudication, setting forth the rights of the Nation to use and administer waters of the San Juan River Basin in New Mexico, as set forth in Appendix 1 of the Agreement.“(24) The term ‘Project Participants’ means the City, the Nation, and the Jicarilla Apache Nation.“(25) The term ‘San Juan River Basin Recovery Implementation Program’ means the intergovernmental program established pursuant to the cooperative agreement dated “(26) The term ‘Secretary’ means the Secretary of the Interior, acting through the Commissioner of Reclamation or any other designee.“(27) The term ‘stream adjudication’ means the general stream adjudication that is the subject of New Mexico v. United States, et al., No. 75–184 (11th Jud. Dist., San Juan County, New Mexico) (involving claims to waters of the San Juan River and the tributaries of that river).“(28) The term ‘Supplemental Partial Final Decree’ means a final and binding judgment and decree entered by a court in the stream adjudication, setting forth certain water rights of the Nation, as set forth in Appendix 2 of the Agreement.“(29) The term ‘Trust Fund’ means the Navajo Nation Water Resources Development Trust Fund established by section 10702(a) [123 Stat. 1402].“(30) The term ‘Upper Basin’ has the same meaning given the term in Article II(f) of the Colorado River Compact.”