Page:United States Statutes at Large Volume 106 Part 2.djvu/311

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PUBLIC LAW 102-374—SEPT. 30, 1992 106 STAT. 1191 (2) ADJUSTMENT OF PAYMENTS.—The annual payments shall be reviewed and adjusted, as appropriate, to reflect the actual operation, maintenance, and replacement costs, and the actual capital costs, for the Yellowtail Unit. (c) USE AND SALE OF WATER.— (1) IN GENERAL.— Except for payments required to be made to the United States pursuant to subsection (b), the Tribe shall— (A) set such rates as it considers proper for its use or sale of stored water; and (B) retain all revenues from its use or sale of the stored water. (2) HYDROPOWER GENERATION. — The United States shall retain the right to use any and all water stored in the Big Horn Reservoir for hydropower generation. (d) AGREEMENT WITH TRIBE. —The Secretary shall enter into an agreement with the Tribe providing— (1) for the Tribe's use or sale of water stored in the Big Horn Reservoir subject to the terms and conditions of the Compact; and (2) for the collection and disposition of revenues in connection with water stored in the Big Horn Reservoir that is made available to the Tribe. (e) MORATORIUM ON WATER MARKETING.— Notwithstanding any provision of this Act or the Compact, no portion of the allocation described in paragraph (1) of subsection (a) shall be sold or leased by the Tribe for a period of 10 years following the date on which the Compact becomes effective pursuant to Article V(A)(1) of the Compact or for a period of 10 years following any earlier date on which the allocation may become available to the Tribe, unless the Crow Tribe and the Northern Cheyenne Tribe agree otherwise. (f) LIMITATION ON WATER MARKETING. —The Secretary may enter into contracts for the sale or lease of water to which the United States holds legal title and which is stored in the Big Horn Reservoir, except that with respect to any such contract— (1) the Secretary provides notice to the Northern Cheyenne Tribe and the Crow Tribe of his intent to enter into a contract at least 120 days in advance of entering into such contract; (2) the terms of the contract for sale or lease of water provide that the contract will not exceed a 2-year term, with a right of renewal following a 120-day notice period to the Northern Cheyenne Tribe and Crow Tribe; and (3) the terms of the contract for sale or lease of water contain a provision that makes clear that the contract is subject to alteration or termination by the United States pending the resolution of claims to water by the Crow Tribe. SEC. 10. TONGUE RIVER DAM PROJECT. (a) IN GENERAL.— The Secretary shall enter into a cooperative Contracts, agreement with the State of Montana for the planning, design, and construction of the Tongue River Dam Project in accordance with the provisions of the April 17, 1991, letter of agreement signed by the Northern Cheyenne Tribe Federal Negotiating Team and the Montana Department of Natural Resources and Conservation. The Secretary shall also enter into a cooperative agreement with the State of Montana for compliance with the National