Page:United States Statutes at Large Volume 104 Part 4.djvu/744

 104 STAT. 3060 PUBLIC LAW 101-602—NOV. 16, 1990 (8) The term "Michaud Act" means the Act of August 31, 1954, chapter 1159, 68 Stat. 1026. (9) The term "Michaud Contract" means that Memorandum Agreement of April 25, 1957, between the Bureau of Reclamation and the Bureau of Indian Affairs relating to the water supply for the Michaud Division. (10) The term "Michaud Division" means that division of the Fort Hall Indian Irrigation Project authorized by the Act of August 31, 1954, chapter 1159, 68 Stat. 1026. (11) The term "Party" or "Parties" means any entity or entities that are party to the Agreement. (12) The term "Reservation" means the Fort Hall Indian Reservation. (13) The term "Secretary" means the Secretary of the Interior. (14) The term "Tribes" or "Tribal" means the Shoshone- Bannock Tribes, its members, and its allottees. (15) The term "Upper Snake River Basin" means that portion of the Snake River Basin upstream from the Hells Canyon Dam, the lowest of the 3 dams authorized as FERC Project No. 1971. SEC. 3. FINDINGS. The purpose of the Fort Hall Indian Water Rights Settlement Act of 1990 is to achieve a fair, equitable, and final settlement of all claims of the Shoshone-Bannock Tribes, its members, and its allottees and the United States on behalf of the Shoshone-Bannock Tribes, its members, and its allottees to water rights in the Upper Snake River Basin. SEC. 4. RATIFICATION OF AGREEMENT. The Agreement is hereby approved, ratified, and confirmed. The Secretary is authorized and directed to implement the Agreement on behalf of the United States. SEC. 5. PROTECTION OF EXISTING USES. (a) CONTRACT FOR STORAGE SPACE.— The Secretary is authorized and directed to contract with the Idaho Water Resource Board or another appropriate contracting entity acceptable to the Committee of Nine for 18,900 acre feet of storage space in the Palisades Reservoir and the 80,500 acre feet of storage space in the Ririe Reservoir provided that the contracting entity makes application for the noncontracted storage space within 1 year of the date of this Act and the contracting party agrees to pay all operation and maintenance costs associated with the space. The repayment obligation associated with the construction costs for such noncontracted storage space is hereby deemed repaid by this Act. All exemptions that result from such a repayment shall be deemed to be applicable without further qualification on the part of such contracting entity, and with respect to subsequent users of this water, the Reclamation laws shall apply only to the extent such laws would have applied to such subsequent users prior to the date of this Act. (b) LIMITATION ON SETTING ASIDE FINAL DECREE.— Neither the Committee of Nine nor the State shall have the right to set aside the Final Decree because either fails to make application for the storage space referred to in subsection (a) of this section within 1 year of the date of this Act.

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