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r- Lt) ~ . . o 7. Much of the land for the Dam is presently owned by the Colorado Division of Wildlife (Division). This land was conveyed to the Division by The Nature Conservancy subject to a reverter interest. The Division and The Nature Conservancy differ over the value of the reverter interest and have been attempting to reach a negotiated settlement in this regard. Should those two parties reach a settlement concerning the reverter interest in the lands needed for the Dam (as determined by the United States). and should the State choose. at its sole discretion. to pay The Nature Conservancy for the release of the reverter interest in those lands. then any sum so paid by the State. not to exceed $50.000, shall be credited against the $5.600.000 owed by the State and the total to be paid by the State to the United States pursuant to Article 6 herein shall be reduced accordingly. 8. Pursuant to the Uranium Mill Tailings ~adiation Control Act of 1978. Public Law 95-604 (92 Stat. 3021). and regulations promulgated pursuant thereto. the State and the United States shall pursue a transfer or donation of the land required for the Durango pumping plant of the Project from the Colorado Department of Health to the United States. The value of such land will be determined and agreed to between the State and the United States pursuant to P.L. 95-604 and applicable regulations. The agreed to value shall be credited against the $5.600.000 owed by the State and the total to be paid by the State to the United States pursuant to Article 6 herein shall be reduced accordingly. COMPLETION OF THE PROJECT 9. (a) The United States acknowledges and agrees that it must complete the Project in fulfillment of the Binding Agreement, the Colorado Ute Indian Water Rights Final Settlement Agreement of December 10. 1986. and the Colorado Ute Indian Water Rights Settlement Act of 1988. Public Law 100-585 (102 Stat. 2973). The United States further acknowledges that the State has already met all of its financial Obligations pursuant to the above three documents to provide $30 million for the Project via the Colorado Water Resources and Power Development Authority. $5 million for the tribal development funds. and all funds necessary for the construction of the Towaoc Pipeline to the Ute Mountain Ute Reservation. (b) The Secretary shall seek to include in the President's annual budget request to Congress such appropriations as will enable completion of the entire Project as soon as possible. but not later than September 30. 2000. The State shall support and use its best efforts to assist in Obtaining the requested appropriations.' -7-