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<br />1:J <br />If:) <br />..-I <br /> <br />. <br /> <br />. <br /> <br />o <br /> <br />State shall not be obligated to make any payments to the United <br />States pursuant to this subarticle (b) until such approval is <br />given. When approval is given. the State shall make payment <br />within 45 days thereof for the quarter in which the approval <br />occurred and the State shall thereafter make the quarterly <br />payments called for by this subarticle (b). <br /> <br />(2) Consultation pursuant to section 7 of the <br />Endangered Species Act. 16 U.S.C. 1536, originally occurred in <br />1979. If consultation is reinitiated on the Project for any <br />reason prior to September 30, 1990. and if the Secretary finds <br />prior to September 30. 1990. that the requirements of section 7 <br />of the Endangered Species Act have been met for the Project. <br />then the state's obligation to make payments pursuant to this <br />subarticle (b) shall continue without interruption. If the <br />Secretary does not so find prior to September 30, 1990, or if <br />consultation is reinitiated after September 30. 1990, then the <br />State's obligation to make payments pursuant to this subarticle <br />(b) shall cease as of September 30. 1990. or as of the date on <br />which consultation is reinitiated. whichever is later. If the <br />Secretary finds after September 30, 1990, that the requirements <br />of section 7 of the Endangered Species Act have been met, then <br />the State shall make payment within 45 days of the date of such <br />finding for the quarter in which the finding was made and the <br />State shall thereafter make the quarterly payments called for <br />by this subarticle (b). <br /> <br />(3) If an appropriation of federal money for the <br />Project is reduced. spending authority limited. or funds <br />sequestered for any reason during the course of a fiscal year, <br />then each of the State's remaining quarterly payments in that <br />fiscal year shall be reduced proportionately, with the first <br />such remaining quarterly payment being further reduced to <br />reflect previous overpayments. <br /> <br />(4) If an appropriations act or continuing <br />resolution has not been enacted into law by October 1 of a <br />fiscal year. then the State shall not be obligated to make any <br />payments to the United States for that fiscal year until such <br />an act or resolution has been enacted into law. Payment shall <br />be due within 45 days after an appropriations act or continuing <br />resolution becomes law for the quarter in which that event <br />occurs. Thereafter, the State shall make the quarterly <br />payments called for by this subarticle (b). <br /> <br />(5) Should work on the Project be terminated for <br />any reason prior to the due date 0:: any of. the payments <br />specified in this sUbarticle (b). then the State may withhold <br />any remaining payments until work on the Project resumes. <br />Payment shall be due within 45 days after the resumption of <br />work for the quarter in which work is resumed. Thereafter, the <br />State shall make the quarterly payments called for by this <br />subarticle (b). <br /> <br />-5- <br />