Page:United States Statutes at Large Volume 106 Part 2.djvu/309

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PUBLIC LAW 102-374—SEPT. 30, 1992 106 STAT. 1189 (3) any other purpose determined by the Tribe. (e) PER CAPITA PAYMENTS.— Funds within the Northern Chey- enne Fund shall not be distributed on a per capita basis to members of the Tribe. (f) CONGRESSIONAL INTENT.—Nothing in this Act is intended— (1) to alter the trust responsibility of the United States to the Tribe; or (2) to prohibit the Tribe from seeking additional authorization or appropriation of funds for tribal programs or purposes. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) TRIBAL FUNDS.— There are authorized to be appropriated to the Northern Cheyenne Fund for use by the Tribe $7,400,000 in fiscal year 1995, $9,000,000 in fiscal year 1996, and $5,100,000 in fiscal year 1997. (b) TONGUE RIVER DAM PROJECT. —(1) There are authorized to be appropriated to the Northern Cheyenne Fund for use, in accordance with paragraph (2), for the Tongue River Dam Project: (A) $700,000 in fiscal year 1993; (B) $700,000 in fiscal year 1994; (C) $15,300,000 in fiscal year 1995; (D) $11,400,000 in fiscal year 1996; and (E) $3,400,000 in fiscal year 1997. (2) Moneys appropriated pursuant to paragraph (1) shall be available for use by the State of Montana and the Secretary for the planning, design, and construction of the Tongue River Dam Project in accordance with provisions of April 17, 1991, letter of agreement signed by the Northern Cheyenne Tribal Federal Negotiation Team and Montana Department of Natural Resources and Conservation. The Federal contribution is provided for development of additional capacity in the Tongue River Dam for storage of water secured to the Tribe in satisfaction of the Tribe's claims to water under the Compact. (c) INDEXING OF AUTHORIZATION FOR CONSTRUCTION COSTS.— For the purposes of this section, the total estimated costs of construction of the Tongue River Dam Project, inclusive of noncontract costs, shall be $52,200,000 at the January 1991 price level. The project's annual authorization provided in subsection (b) and the Federal and State shares shall be adjusted up or down as may be required by reason of ordinary fluctuations in construction costs, as indicated by engineering cost indices applicable to the type of construction involved in the Tongue River Dam Project. (d) FISH AND WILDLIFE ENHANCEMENT.— (1) IN GENERAL. — The Secretary shall identify and develop features of the Tongue River Dam Project that provide for the enhancement of fish and wildlife habitats, in accordance with the Federal Water Project Recreation Act (16 U.S.C. 4601- 12 et seq.). (2) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to the Northern Cheyenne Fund, for expenditure by the Secretary, $1,800,000 in fiscal year 1996, and $1,700,000 in fiscal year 1997 for Fish and Wildlife Enhancement, plus such sums as are necessary to defray increases in development costs reflected in appropriate engineering costs indices after January 1991. The Tribe shall not be required to reimburse amounts expended pursuant to this section.