Page:United States Statutes at Large Volume 106 Part 2.djvu/310

 106 STAT. 1190 PUBLIC LAW 102-374—SEPT. 30, 1992 (e) ENVIRONMENTAL COMPLIANCE.— T here are authorized to be appropriated to the Northern Cheyenne Fund for fiscal year 1993, and each fiscal year thereafter, such sums as are necessary to carry out all necessary environmental compliance associated with the Compact, including mitigation measures adopted by the Secretary. (f) OPERATION, MAINTENANCE, AND REPLACEMENT COSTS.— There are authorized to be appropriated to the Northern Cheyenne Fund, for fiscal year 1993, and each fiscal year thereafter, on a nonreimbursable basis, such sums as are necessary to pay the annual operation, maintenance, and replacement costs provided for in section 10(f). (g) WITHOUT FISCAL YEAR DEFINITIONS. —All moneys appropriated pursuant to authorizations under this Act shall be available without fiscal year limitation. SEC. 8. STATE CONTRIBUTIONS TO SETTLEMENT. The provisions of section 6(d) shall be subject to the State of Montana contributing the following amounts to the settlement: (1) $5,000,000 for contract costs associated with repair of the Tongue River Dam Project; (2) $11,500,000 to be contributed to the Northern Cheyenne Fund as repayment of the loan provided for in section 6(d); (3) $4,200,000 of noncontract costs assumed by the State of Montana according to the terms of the letter of agreement on cost-sharing between the State of Montana and the United States dated April 17, 1991; and (4) $1,100,000 for the Fish and Wildlife enhancement measures identified in section 7(d). SEC. 9. BIG HORN RESERVOIR STORAGE. (a) ALLOCATION FOR TRIBE. — (1) IN GENERAL.—As provided in the Compact, the Secretary shall allocate 30,000 acre-feet per year of stored water in Big Horn Reservoir, Yellowtail Unit, Lower Bighorn Division, Pick- Sloan Missouri Basin Program, Montana, measured at the outlet works of the dam or at the diversion point from the Reservoir, for use or disposition by the Tribe for any purpose. (2) PRIOR RESERVED RIGHTS.— T his allocation shall be subject to the prior reserved water rights, if any, of any Indian tribe, or of persons claiming water through that tribe, to the water allocated in paragraph (1). (b) PAYMENTS BY TRIBE.— (1) IN GENERAL.—The Tribe shall not be required to make payments to the United States for the portion of the tribal water right stored in or used from the Big Horn Reservoir except for each acre-foot of stored water used or sold for municipal or industrial purposes. The Tribe shall pay annually to the United States an amount to cover the proportionate share of the— (A) annual operation, maintenance and replacement costs for the Yellowtail Unit allocable to the amount of water for municipal and industrial purposes used or sold by the Tribe; and (B) capital costs with appropriate interest for the Yellowtail Unit allocable to the amount of water for municipal and industrial purposes used or sold by the Tribe.

�