Page:United States Statutes at Large Volume 106 Part 2.djvu/308

From Wikisource
Jump to: navigation, search
This page needs to be proofread.

106 STAT. 1188 PUBLIC LAW 102-374—SEPT. 30, 1992 (d) FORM OF DECREE. — No later than 180 days after the date of the enactment of this Act, the United States, the Tribe, and the State of Montana shall jointly petition the Montana water court to enter and approve the "Proposed Decree" agreed to by the United States, the Tribe, and the State of Montana on May 5, 1992, or any amended version thereof. SEC. 5. USE AND TRANSFER OF THE TRIBAL WATER RIGHT. (a) ADMINISTRATION AND ENFORCEMENT.— AS provided in the Compact, until the adoption and approval of a tribal water code, the Secretary shall administer and enforce the tribal water right. (b) MEMBERS AND ALLOTTEES. — Any entitlement to reserved water of any tribal member or allottee shall be satisfied solely from the water secured to the Tribe by the Compact and shall be governed by the terms and conditions thereof. Such entitlement shall be administered by the Tribe pursuant to a tribal water code developed and adopted pursuant to Article IILA. of the Compact, or by the Secretary pending the adoption and approval of the tribal water code. (c) TRANSFER OF THE TRIBAL WATER RIGHT. — Contracts. (1) IN GENERAL.—Subject to paragraph (2), the Northern Cheyenne Tribe, or persons or entities authorized by the Tribe, may enter into a service contract, lease, exchange, or other agreement providing for the delivery, use, or transfer of the tribal water right confirmed to the Tribe in the Compact. (2) LIMITATIONS. —Any service contract, lease, exchange, or other agreement entered into under subsection (c)(1) shall be subject to approval by the Secretary, and the limitations and conditions set forth in the Compact, and may not permanently alienate any portion of the tribal water right. SEC. 6. NORTHERN CHEYENNE INDIAN RESERVED WATER RIGHTS SETTLEMENT TRUST FUND. (a) ESTABLISHMENT OF FUND. —There is established in the Treasury of the United States a trust fund to be known as the "Northern Cheyenne Indian Reserved Water Rights Settlement Trust Fund". (b) EXPENDITURES FROM NORTHERN CHEYENNE FUND.— Amounts in the Northern Cheyenne Fund shall be available, without fiscal year limitations, to the Secretary for expenditure by the Secretary or by the Tribe in accordance with the provisions of this Act. (c) CONTENTS OF NORTHERN CHEYENNE FUND.— The Northern Cheyenne Fund shall consist of such amounts as are appropriated to it in accordance with the authorization provided by this Act, together with such amounts credited to it in accordance with section 7(e). (d) USE OF NORTHERN CHEYENNE FUND. —The Tribe shall make $11,500,000 available from the Northern Cheyenne Fund to the State of Montana as a loan to assist financing Tongue River Dam Project costs, and such loan shall be repaid by the State to the Tribe. All other moneys appropriated to the Northern Cheyenne Fund pursuant to section 7(a), together with interest credited thereto, may be used by the Tribe for— (1) land and natural resources administration, planning, and development within the Reservation; (2) land acquisition by the Tribe within the Reservation; or