Page:United States Statutes at Large Volume 106 Part 3.djvu/445

 PUBLIC LAW 102-441—OCT. 23, 1992 106 STAT. 2239 (c) RIGHTS OF THE TRIBE.—The Tribe will be entitled under the Settlement Contract to use any and all return flows attributable to uses of the water by the Tribe or its contractors, as long as the water depletions do not exceed the amounts set forth in this section. SEC. 7. SUBCONTRACTS. (a) AUTHORITY OF TRIBE.—When water made available under the Settlement Contract approved by section 5 of this Act is not being used by the Tribe, the Tribe may subcontract with third parties, subject to the approval of the Secretary in accordance with this section, to supply water for beneficial use outside of the reservation, subject to and not inconsistent with the same requirements and conditions of State law, any applicable Federal law, interstate compact, and international law as apply to the exercise of water rights held by non-Federal, non-Indian entities. Nothing in this Act shall be construed to esteblish, address, prejudice, or prevent any party from litigating, whether or to what extent any of the aforementioned laws do or do not permit, govern, or apply to the use of the Tribe's water outside the State. (b) MAXIMUM TERM.— The Tribe shall not permanently alienate any rights it has under the Settlement Contract. The maximum term of any water use subcontract, including all renewals, shall not exceed 99 years in duration. (c) APPROVAL OF SECRETARY.— <1) The Secretary shall approve or disapprove any subcontracts submitted to him for approval within— (A) 180 days after submission; or (B) 60 days after compliance, if required, with section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or any other requirement of Federal law, whichever is later. (2) Any party to a subcontract may enforce the provision of this subsection pursuant to section 1361 of title 28, United States Code. (d) PREEMPTION.— The authorization provided for in subsection (a) and the approval authority of the Secretary provided for in subsection (c) shall not amend, construe, supersede, or preempt any Federal law, interstate compact, or international treaty that pertains to the Colorado River or its tributaries, including the appropriation, use, development, storage, regulation, allocation, conservation, exportation, or quality of those waters. The provisions of section 2116 of the Revised Statutes (25 U.S.C. 177) shall not apply to any water made available under the Settlement Contract. (e) FORFEITURE.— The nonuse of the water supply secured herein by a subcontractor of the Tribe shall in no event result in a forfeiture, abandonment, relinquishment, or other loss of all or any part of the righto exercised by the Tribe under the Settlement Contract. SEC. 8. TRUST FUND; AUTHORIZATION OF APPROPRIATIONS. (a) ESTABLISHMENT OF TRUST FuND. —There is hereby established in the Treasury a fund to be known as the Jicarilla Apache Water Resources Development Trust Fund (hereafter in this section referred to as the "Fund). (b) AUTHORIZATION.— There are authorized to be appropriated: (1) $6,000,000 for deposit, in accordance with the following schedule, in the Fund, to be expended by the Tribe for any

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