Page:United States Statutes at Large Volume 106 Part 2.djvu/312

 106 STAT. 1192 PUBLIC LAW 102-374—SEPT. 30, 1992 Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) on the Tongue River Dam Project. (b) OWNERSHIP. — Notwithstanding Federal participation in the Tongue River Dam Project, the Tongue River Dam shall remain in the ownership of the State of Montana. (c) STATE OPERATION OF RESERVOIR.— Except as otherwise provided in the Compact, nothing in this Act shall affect the State's operation of the Tongue River Reservoir to fulfill State water contracts. (d) CONGRESSIONAL INTENT.— Nothing in this Act is intended to subject holders of State water contracts from the Tongue River Reservoir who do not have a contract for Federal reclamation storage to the provisions of the Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.). (e) LAND TRANSFER. — (1) Notwithstanding any other provisions of law, the Bureau of Land Management shall transfer to the Bureau of Indian Affairs in trust for the Northern Cheyenne Tribe the following described land: T.8S., R.40E., P.M.M. Sec. 26, Ny2SWy4 Sec. 27,Ny2SEV4 T.8S., R.40E., P.M.M. Sec. 23, SWViNEVi, NV2SEy4 Sec. 24, NWy4SWy4. (2) Nothing in this section is intended to address the jurisdiction of the Tribe or the State of Montana over the property being transferred. (3) This transfer shall not be construed as creating a Federal reserved water right. (f) PAYMENT OF THE TRIBE'S SHARE.— The Secretary, acting through the Bureau of Indian Affairs, shall continue to pay annually to the State of Montana on a nonreimbursable basis an amount to cover the proportionate share of the annual operation, maintenance and replacement costs for the Tongue River Dam allocable to the Tribe's stored water in the reservoir. (g) EMPLOYMENT PREFERENCE. — Notwithstanding any other provision of law, the State shall require in all contracts and subcontracts relating to construction of the Tongue River Dam Project, a provision that the contractor and its subcontractors shall provide Contracts. a hiring preference to Northern Cheyenne tribal members. The State and the Tribe shall enter into an agreement setting forth the manner in which the preference will be implemented and enforced. SEC. 11. MISCELLANEOUS PROVISIONS. (a) WAIVER OF SOVEREIGN IMMUNITY. — Notwithstanding the provisions of Article IV, Section G. of the Compact, the United States shall not be deemed to have waived its immunity from suit except to the extent provided in subsections (a), (b), and (c) of section 208 of the Act of July 10, 1952 (43 U.S.C. 666).

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