Page:United States Statutes at Large Volume 113 Part 3.djvu/265

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PUBLIC LAW 106-163—DEC. 9, 1999 113 STAT. 1783 (A) the approval, ratification, and confirmation of the Compact by the United States shall be null and void; and (B) except as provided in subsections (a) and (c)(3) of section 5 and section 105(e)(1), this Act shall be of no further force and effect. SEC. 102. 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 by the Tribe, the Secretary shall administer and enforce the Tribal Water Right. (b) TRIBAL MEMBER ENTITLEMENT.— (1) IN GENERAL.— Any entitlement to Federal Indian reserved water of any tribal member shall be satisfied solely from the water secured to the Tribe by the Compact and shall be governed by the terms and conditions of the Compact. (2) ADMINISTRATION.— An entitlement described in paragraph (1) shall be administered by the Tribe pursuant to a tribal water code developed and adopted pursuant to Article IV.A.2 of the Compact, or by the Secretary pending the adoption and approval of the tribal water code. (c) TEMPORARY TRANSFER OF TRIBAL WATER RIGHT.—The Tribe may, with the approval of the Secretary and the approval of the State of Montana pursuant to Article IV.A.4 of the Compact, transfer any portion of the Tribal Water Right for use off the Reservation by service contract, lease, exchange, or other agreement. No service contract, lease, exchange, or other agreement entered into under this subsection may permanently alienate any portion of the Tribal Water Right. The enactment of this subsection shall constitute a plenary exercise of the powers set forth in Article I, section 8(3) of the United States Constitution and is statutory law of the United States within the meaning of Article IV.A.4.b.(3) of the Compact. SEC. 103. ON-RESERVATION WATER RESOURCES DEVELOPMENT. (a) WATER DEVELOPMENT PROJECTS.— The Secretary, acting through the Bureau of Reclamation, is authorized and directed to plan, design, and construct, or to provide, pursuant to subsection (b), for the planning, design, and construction of the following water development projects on the Rocky Boy's Reservation: (1) Bonneau Dam and Reservoir Enlargement. (2) East Fork of Beaver Creek Dam Repair and Enlargement. (3) Brown's Dam Enlargement. (4) Towe Ponds Enlargement. (5) Such other water development projects as the Tribe shall from time to time consider appropriate. (b) IMPLEMENTATION AGREEMENT.— The Secretary, at the request of the Tribe, shall enter into an agreement, or, if appropriate, renegotiate an existing agreement, with the Tribe to implement the provisions of this Act through the Tribe's annual funding agreement entered into under the self-governance program under title IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 458aa et seq.) by which the Tribe shall plan, design, and construct any or all of the projects authorized by this section. (c) BUREAU OF RECLAMATION PROJECT ADMINISTRATION.—