Page:United States Statutes at Large Volume 124.djvu/3178

124 STAT. 3152 PUBLIC LAW 111–291—DEC. 8, 2010 (2) CONSULTATION.—On or after June 30, 2021, at the request of 1 or more of the Pueblos, the Secretary shall consult with the Pueblos and confer with the County and the State on whether the criteria in paragraph (1) for substantial comple- tion of the Regional Water System have been met or will be met by June 30, 2024. (3) WRITTEN DETERMINATION BY SECRETARY.—Not earlier than June 30, 2021, at the request of 1 or more of the Pueblos and after the consultation required by paragraph (2), the Sec- retary shall— (A) determine whether the Regional Water System has been substantially completed based on the criteria described in paragraph (1); and (B) submit a written notice of the determination under subparagraph (A) to— (i) the Pueblos; (ii) the County; and (iii) the State. (4) RIGHT TO REVIEW.— (A) IN GENERAL.—A determination by the Secretary under paragraph (3)(A) shall be considered to be a final agency action subject to judicial review by the Decree Court under sections 701 through 706 of title 5, United States Code. (B) FAILURE TO MAKE TIMELY DETERMINATION.— (i) IN GENERAL.—If a Pueblo requests a written determination under paragraph (3) and the Secretary fails to make such a written determination by the date described in clause (ii), there shall be a rebuttable presumption that the failure constitutes agency action unlawfully withheld or unreasonably delayed under section 706 of title 5, United States Code. (ii) DATE.—The date referred to in clause (i) is the date that is the later of— (I) the date that is 180 days after the date of receipt by the Secretary of the request by the Pueblo; and (II) June 30, 2023. (C) EFFECT OF TITLE.—Nothing in this title gives any Pueblo or Settlement Party the right to judicial review of a determination of the Secretary regarding whether the Regional Water System has been substantially completed except under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ‘‘Administrative Procedure Act’’). (5) RIGHT TO VOID FINAL DECREE.— (A) IN GENERAL.—Not later than June 30, 2024, on a determination by the Secretary, after consultation with the Pueblos, that the Regional Water System is not substantially complete, 1 or more of the Pueblos, or the United States acting on behalf of a Pueblo, shall have the right to notify the Decree Court of the determination. (B) EFFECT.—The Final Decree shall have no force or effect on a finding by the Decree Court that a Pueblo, or the United States acting on behalf of a Pueblo, has submitted proper notification under subparagraph (A). Deadline. Notice. Deadline. Deadlines.