Page:United States Statutes at Large Volume 106 Part 6.djvu/54

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106 STAT. 4612 PUBLIC LAW 102-575—OCT. 30, 1992 of viable instream flows in the Sevier River between Hatchtown dam and the Piute dam with the concurrence of the Commission and in consultation with the Division of Wildlife Resources of the State of Utah. The District shall comply with the provisions of section 202(a)(l) with respect to the features to be provided for in this subsection. SEC. 203. UINTA BASIN REPLACEMENT PROJECT. (a) IN GENERAL.—Of the amounts authorized to be appropriated by section 201, $30,538,000 shall be available only to increase efficiency, enhance beneficial uses, and achieve greater water conservation within the Uinta Basin, as follows: (1) $13,582,000 for the construction of the Pigeon Water Reservoir, together with an enclosed pipeline conveyance system to divert water from Lake Fork River to Pigeon Water Reservoir and Sandwash Reservoir. (2) $2,987,000 for the construction of McGuire Draw Reservoir. (3) $7,669,000 for the construction of Cl^ Basin Reservoir. (4) $4,000,000 for the rehabilitation of Famsworth Canal. (5) $2,300,000 for the construction of permanent diversion facilities identified by the Commission on the Duchesne and Strawberry Rivers, me designs of which shall be approved by the Federal and State fish and wildlife agencies. The amount identified in paragraph (5) shall be treated as an expense under section 8. (b) EXPIRATION OF AUTHORIZATION.— The authorization to construct any of the features provided for in paragraphs (1) through (5) of subsection (a)— (1) shall expire if no federally appropriated funds for such features have been obligated or expended by the District in accordance with this Act within five years from the date of completion of feasibility studies, or such longer time as necessitated for— (A) completion, after the exercise of due diligence, of compliance measures outlined in a biological opinion issued pursuant to the Endangered Species Act (16 U.S.C. 1533 et seq.) for any species that is or may be listed as threatened or endangered under such Act: Provided, however. That such extension of time for the expiration of authorization shall not exceed 12 months beyond the five-year period provided in this paragraph; or (B) judicial review of environmental studies prepared in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if such review was initiated by parties other than the District, the State, or petitioners of project water; and (2) shall expire if the Secretary determines that such feature is not feasible. (c) REQUIREMENT FOR BINDING CONTRACTS.Amounts authorized to carry out subsection (a), paragraphs (1) through (4) may not be obligated or expended, and may not be borrowed against, until binding contracts for the purchase of at least 90 percent of the supplemental irrigation water to be delivered from the features of the Central Utan Project described in subsection (a), paragraphs (1) through (4) have been executed.