Page:United States Statutes at Large Volume 124.djvu/3143

 124 STAT. 3117 PUBLIC LAW 111–291—DEC. 8, 2010 and Lake Level Management Plan, any requirement in the Streamflow and Lake Level Management Plan that the Tribe dedicate a specified percentage, portion, or number of acre- feet of water per year of the tribal water rights to instream flow means (and is limited in meaning and effect to) an obliga- tion on the part of the Tribe to withhold from development or otherwise refrain from diverting or removing from the Big- horn River the specified quantity of water for the duration, at the locations, and under the conditions set forth in the applicable requirement. (b) POWER GENERATION.— (1) IN GENERAL.—Notwithstanding any other provision of law, the Tribe shall have the exclusive right to develop and market power generation on the Yellowtail Afterbay Dam, pro- vided that this exclusive right shall expire 15 years after the date of enactment of this Act if construction has not been substantially completed on the power generation project of the Tribe. (2) BUREAU OF RECLAMATION COOPERATION.—The Bureau of Reclamation shall cooperate with the Tribe on the develop- ment of any power generation project under this subsection. (3) AGREEMENT.—Before construction of a power generation project under this subsection, the Tribe shall enter into an agreement with the Bureau of Reclamation that contains provi- sions that— (A) allocate the responsibilities for the design, construc- tion, and operations of the project; (B) assure the compatibility of the power generation project with the operations of the Yellowtail Unit and the Yellowtail Afterbay Dam, which shall include entering into agreements— (i) regarding operating criteria and emergency procedures, as they relate to dam safety; and (ii) under which, should the Tribe propose any modifications to facilities owned by the Bureau of Rec- lamation, the proposed modifications shall be subject to review and approval by the Secretary, acting through the Bureau of Reclamation; (C) beginning 10 years after the date on which the Tribe begins marketing power generated from the Yellowtail Afterbay Dam, the Tribe shall make annual payments for operation, maintenance, and replacement costs in amounts determined in accordance with the guide- lines and methods of the Bureau of Reclamation for assessing operation, maintenance, and replacement charges, provided that such annual payments shall not exceed 3 percent of gross annual revenue produced by the sale of electricity generated by such project; and (D) the Secretary— (i) shall review the charges established in the agreement on the date that is 5 years after the date on which the Tribe makes the first payment described in subparagraph (C) to the Secretary under the agree- ment and at 5 year intervals thereafter; and (ii) may increase or decrease the charges in propor- tion to the amount of any increase or decrease in the costs of operation, maintenance, and replacement Review. Deadlines. Effective date. Payments. Expiration date.