Page:United States Statutes at Large Volume 104 Part 4.djvu/745

 PUBLIC LAW 101-602—NOV. 16, 1990 104 STAT. 3061 SEC. 6. USE, TRANSFER, AND LEASE OF TRIBAL WATER RIGHTS. (a) TRANSFER AND LEASE OF TRIBAL WATER RIGHTS WITHIN THE RESERVATION. —The Tribes shall have the right to transfer or lease within the Reservation all or any part of the Tribal water right confirmed in the Final Decree on the terms and conditions set forth in article 7 of the Agreement. 0)) RENTAL OF THE TRIBES FEDERAL CONTRACT STORAGE WATER.— The Tribes shall have the right to rent, pursuant to Idaho Code 42- 1761 through 42-1765 as specified in article 7 of the Agreement, the water accruing to Federal storage space held in trust for the Tribes under the Michaud Act. (c) INSTREAM FLOWS.— The Tribes shall have the right to use any or all of the water accruing to Federal storage space held in trust for the Tribes under the Michaud Act for instream flows for river reaches on or adjacent to the Reservation and up to 15,000 acre feet per year of the storage water rights described in articles 7.1.19 and 7.1.20 of the Agreement for instream flows in reaches of the Blackfoot River on the terms and conditions set forth in article 7.4 of the Agreement. (d) REQUISITE CONGRESSIONAL APPROVAL.— Ratification of the Agreement as provided for by section 4 of this Act shall constitute the congressional approval, to the extent it is required by Federal law, of the uses described in subsections (a), OJ). and (c) of this section. (e) AMENDMENT OF MICHAUD ACT AND CONTRACT. —The Michaud Act and the Michaud Contract are hereby amended to the extent 68 Stat. 1026. necessary to authorize the uses described in subsections (a), (b), and (c) of the proprietary rights described in article 7 of the Agreement. (f) No AUENATION OR TAXATION OF PROCEEDS. —The proceeds from leasing water pursuant to subsection (a) of this section or from renting all or any part of the water accruing to the Federal contract storage space pursuant to subsection (b) of this section shall not be subject to any form of taxation or alienation by the State. (g) No FORFEITURE, ABANDONMENT, Loss, OR CONSTRAINTS ON INCOME. —The Tribes' exercise of the rights described in subsections (a), (b), and (c) of this section or nonuse of the Tribal water rights shall in no event be construed or interpreted as any forfeiture, abandonment, relinquishment, or other loss of all or any part of the Tribal water rights. Nor shall the exercise of the rights described in subsections (a) and (b) of this section be subject to any constraints on the amount of income or other compensation received by the Tribes. (h) LIMITATION ON OFF-RESERVATION USE. —Except as authorized by this section, no Tribal water rights or water described in the Agreement may be sold, leased, rented, transferred, or otherwise used off the Fort Hall Indian Reservation. SEC. 7. CONTRIBUTION TO SETTLEMENT. Appropriation (a) TRIBAL DEVELOPMENT FUND. —There are hereby authorized to ^" °"^ ^°"^' be appropriated to the Department of the Interior Bureau of Indian Affairs $4,000,000 in the first fiscal year, $3,000,000 in the second fiscal year, and $3,000,000 in the third fiscal year following the effective date of this Act for payment to the Tribal Development Fund, which the Secretary is authorized and directed to establish for the Shoshone-Bannock Tribes. Within 60 days of appropriation of moneys for the Tribal Development Fund, the Secretary shall allocate and make payment to the Fund. Once the funds are deposited

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