Page:United States Statutes at Large Volume 124.djvu/3133

 124 STAT. 3107 PUBLIC LAW 111–291—DEC. 8, 2010 (C) ADMINISTRATION.— (i) IN GENERAL.—The Tribe shall administer the water allocated under paragraph (1) in accordance with the Compact. (ii) TEMPORARY TRANSFER.—In accordance with subsection (c), the Tribe may temporarily transfer by service contract, lease, exchange, or other agreement, not more than 50,000 acre-feet of water allocated under paragraph (1)(A) off the Reservation, subject to the approval of the Secretary and the requirements of the Compact. (b) ALLOCATION AGREEMENT.— (1) IN GENERAL.—As a condition of receiving an allocation under this section, the Tribe shall enter into an allocation agreement with the Secretary to establish the terms and condi- tions of the allocation, in accordance with the terms and condi- tions of the Compact and this title. (2) INCLUSIONS.—The allocation agreement under para- graph (1) shall include, among other things, a provision that— (A) the agreement is without limit as to term; (B) the Tribe, and not the United States, shall be entitled to all consideration due to the Tribe under any lease, contract, or agreement the Tribe may enter into pursuant to the authority in subsection (c); (C) the United States shall have no trust obligation or other obligation to monitor, administer, or account for— (i) any funds received by the Tribe as consideration under any lease, contract, or agreement the Tribe may enter into pursuant to the authority in subsection (c); or (ii) the expenditure of such funds; (D) if the facilities at Yellowtail Dam are significantly reduced or are anticipated to be significantly reduced for an extended period of time, the Tribe shall have the same storage rights as other storage contractors with respect to the allocation under this section; (E) the costs associated with the construction of the storage facilities at Yellowtail Dam allocable to the Tribe— (i) shall be nonreimbursable; and (ii) shall be excluded from any repayment obliga- tion of the Tribe; (F) no water service capital charges shall be due or payable for any water allocated to the Tribe pursuant to this title and the allocation agreement, regardless of whether that water is delivered for use by the Tribe or is delivered under any leases, contracts, or agreements the Tribe may enter into pursuant to the authority in subsection (c); (G) the Tribe shall not be required to make payments to the United States for any water allocated to the Tribe pursuant to this title and the allocation agreement except for each acre-foot of stored water leased or sold for indus- trial purposes; and (H) for each acre-foot of stored water leased or sold by the Tribe for industrial purposes— (i) the Tribe shall pay annually to the United States an amount to cover the proportionate share Payment.