106 STAT. 2240 PUBLIC LAW 102-441 —OCT. 23, 1992 water resource development costs, including costs associated with this settlement: (A) $2,000,000 shall be deposited in the first fiscal year which commences following the date of the enactment of this Act; (B) $2,000,000 during the fiscal year next following the first fiscal year referred to in subparagraph (A); and (C) $2,000,000 during the fiscal year next following the second fiscal year referred to in subparagraph (B); and (2) such amounts as are necessary, for expenditures by the Secretary, to pay the Tribe's share of the operation, maintenance, and replacement costs for the San Juan-Chama Project, when the Secretary has waived the Tribe's obligation to pay such costs pursuant to subsection (c)(1) and section 10(f) of the Settlement Contract. (c) No PER CAPITA PAYMENTS.— NO part of the principal of the fund, or of the income accruing to such fund, or the revenue from any water use subcontract, shall be distributed to any member of the Tribe on a per capita basis. (d) WAIVERS.— Notwithstanding the provisions of the Act of August 4, 1939 (53 Stat. 1187), or any other provision of law: (1) When the conditions specified in section 10(f) of the Settlement Contract are satisfied, the Secretary may waive all or part of the Tribe's share of the construction costs, and the operation, maintenance, and replacement costs for the Navajo Reservoir and the San Juan-Chama Project. (2) When all or part of the Tribe's share of the construction costs for the San Juan-Chama Project are waived by the Secretary, that portion of those costs waived shall be nonreimbursable. (3) The Tribe's share of the construction cost obligation for the San Juan-Chama Project, both principal and interest, due from 1972 to the execution of the Settlement Contract shall be nonreimbursable. (e) DISMISSAL OF CLAIMS.— (1) Amounts authorized to be appropriated to the Fund under subsection (b)(1) may not be expended until the following conditions are met: (A) The following actions brought by the Tribe against the United States have been dismissed: (i) Jicarilla Apache Tribe against United States, et al.. Civil No. 82-1327 JP (D.N.M.). (ii) Claims 3 and 4 in Jicarilla Apache Tribe against United States, No. 112-77 (U.S. Claims Ct.). (B) Partial final decrees which would quantify the Tribe's reserved water right claims have been entered in the following ,,. general stream adjudications: (i) New Mexico against United States, et al.. No. 75 - 184 (11th Jud. Dist., San Juan County, New Mexico), involving claims to the waters of the San Juan River and its tributaries. (ii) New Mexico against Aragon, et al.. Civil No. 79 - 41 SC (D.N.M.), involving claims to the Rio Chama and its tributaries.
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