124 STAT. 3101 PUBLIC LAW 111–291—DEC. 8, 2010 or decreased, as appropriate, based on ordinary fluctuations from May 1, 2008, in construction cost indices applicable to the types of construction involved in the rehabilitation and improvement. (f) TRIBAL IMPLEMENTATION AGREEMENT.— (1) IN GENERAL.—At the request of the Tribe, in accordance with applicable Federal law, the Secretary shall enter into 1 or more agreements with the Tribe to implement the provi- sions of this section by which the Tribe shall plan, design, and construct any or all of the rehabilitation and improvement required by this section. (2) OVERSIGHT COSTS.—The Bureau of Reclamation and the Tribe shall negotiate the cost of any oversight activities carried out by the Bureau of Reclamation for each agreement under this section, provided that the total cost for that oversight shall not exceed 4 percent of the total project costs. (g) ACQUISITION OF LAND.— (1) TRIBAL EASEMENTS AND RIGHTS-OF-WAY.— (A) IN GENERAL.—Upon request, and in partial consid- eration for the funding provided under section 414(a), the Tribe shall consent to the grant of such easements and rights-of-way over tribal land as may be necessary for the rehabilitation and improvement of the Crow Irrigation Project authorized by this section at no cost to the United States. (B) JURISDICTION.—The Tribe shall retain criminal and civil jurisdiction over any lands that were subject to tribal jurisdiction prior to the granting of an easement or right- of-way in connection with the rehabilitation and improve- ment of the Crow Irrigation Project. (2) USER EASEMENTS AND RIGHTS-OF-WAY.—In partial consideration of the rehabilitation and improvement of the Crow Irrigation Project authorized by this section and as a condition of continued service from the Crow Irrigation Project after the enforceability date, any water user of the Crow Irrigation Project shall consent to the grant of such easements and rights- of-way as may be necessary for the rehabilitation and improve- ments authorized under this section at no cost to the Secretary. (3) LAND ACQUIRED BY THE UNITED STATES.—Land acquired by the United States in connection with rehabilitation and improvement of the Crow Irrigation Project authorized by this section shall be held in trust by the United States on behalf of the Tribe as part of the Reservation of the Tribe. (h) PROJECT MANAGEMENT COMMITTEE.—The Secretary shall facilitate the formation of a project management committee com- posed of representatives from the Bureau of Reclamation, the Bureau of Indian Affairs, and the Tribe— (1) to review cost factors and budgets for construction, operation, and maintenance activities relating to the Crow Irrigation Project; (2) to improve management of inherently governmental activities through enhanced communication; and (3) to seek additional ways to reduce overall costs for the rehabilitation and improvement of the Crow Irrigation Project. Establishment.
