Sec. 408. STORAGE ALLOCATION FROM BIGHORN LAKE
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## SEC. 408 STORAGE ALLOCATION FROM BIGHORN LAKE ###
(a)Storage Allocation to Tribe ####
(1)In general As described in and subject to article III(A)(1)(b) of the Compact, the Secretary shall allocate to the Tribe 300,000 acre-feet per year of water stored in Bighorn Lake, Yellowtail Unit, Lower Bighorn Division, Pick Sloan Missouri Basin Program, Montana, under a water right held by the United States and managed by the Bureau of Reclamation, as measured at the outlet works of Yellowtail Dam, including— #####
(A)not more than 150,000 acre-feet per year of the allocation, which may be used in addition to the natural flow right described in article III(A)(1)(a) of the Compact; and #####
(B)150,000 acre-feet per year of the allocation, which may be used only as supplemental water for the natural flow right described in article III(A)(1)(a) of the Compact for use in times of natural flow shortage. ####
(2)Treatment #####
(A)In general The allocation under paragraph
(1)shall be considered to be part of the tribal water rights. #####
(B)Priority date The priority date of the allocation under paragraph
(1)shall be the priority date of the water right held by the Bureau of Reclamation. #####
(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 conditions of the allocation, in accordance with the terms and conditions of the Compact and this title. ####
(2)Inclusions The allocation agreement under paragraph
(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 obligation 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 industrial 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 of the annual operation, maintenance, and replacement costs for the Yellowtail Unit allocable to the amount of water for industrial purposes leased or sold by the Tribe; and ######
(ii)the annual payments of the Tribe shall be reviewed and adjusted, as appropriate, to reflect the actual operation, maintenance, and replacement costs for the Yellowtail Unit. ###
(c)Temporary Transfer for Use Off Reservation ####
(1)In general Notwithstanding any other provision of statutory or common law and subject to paragraph (2), on approval of the Secretary and subject to the terms and conditions of the Compact, the Tribe may enter into a service contract, lease, exchange, or other agreement providing for the temporary delivery, use, or transfer of not more than 50,000 acre-feet per year of water allocated under subsection (a)(1)(A) for use off the Reservation. ####
(2)Requirement An agreement under paragraph
(1)shall not permanently alienate any portion of the water allocated under subsection (a)(1)(A). ###
(d)Remaining Storage ####
(1)In general As of the date of enactment of this Act, water in Bighorn Lake shall be considered to be fully allocated and no further storage allocations shall be made by the Secretary. ####
(2)Effect of subsection Nothing in this subsection prevents the Secretary from— #####
(A)renewing the storage contract with Pennsylvania Power and Light Company consistent with the allocation to Pennsylvania Power and Light Company in existence on the date of enactment of this Act; or #####
(B)entering into future agreements with either the Northern Cheyenne Tribe or the Crow Tribe facilitating either tribe’s use of its respective allocation of water from Bighorn Lake.