102 STAT. 4004

PUBLIC LAW 100-675—NOV. 17, 1988

(3) INVESTMENT POWER-—Notwithstanding paragraph (1) or
any other provision of law, the Indian Water Authority shall
have complete discretion to invest and manage its own funds:
Provided, That the United States shall not bear any obligation
or liability regarding the investment, management or use of
such funds.

(4) LIMITATION ON SPENDING AUTHORITY.—All funds of the
Indian Water Authority which are not required for administra-
tive or operational expenses of the Authority or to fulfill
obligations of the Authority under this title, the settlement
agreement, or any other agreement entered into by the Indian
Water Authority shall be invested or used for economic develop-
ment of the Bands, the Bands' reservation lands, and their
members. Such funds may not be used for per capita payments
to members of any Band.

(c) INDIAN WATER AUTHORITY TREATED AS TRIBAL GOVERNMENT
FOR CERTAIN PURPOSES.—The Indian Water Authority shall be
considered to be an Indian tribal government for purposes of section
7871(aX4) of the Internal Revenue Code of 1986.

SEC. 108. DELEGATION OF AUTHORITY.

Contracts. The Secretary and the Attorney General of the United States,

acting on behalf of the United States, and the Bands, acting through
their duly authorized governing bodies, are authorized to enter into
the settlement agreement. The Secretary is authorized to enter into
such agreements and to take such measures as the Secretary may
deem necessary or appropriate to fulfill the provisions of this title.

SEC. 10S. AUTHORITY OF THE FEDERAL ENERGY REGULATORY COMMIS-
SION ANI> THE SECRETARY OF THE INTERIOR OVER POWER
FACILITIES AND GOVERNMENT AND INDIAN LANDS.

(a) POWER FACILITIES.—Any license issued under the Act of
June 10,1920 (16 U.S.C. 791a et seq., commonly referred to as Part I
of the Federal Power Act) for any part of the system that diverts the
waters of the San Luis Rey River originating above the intake to the
Escondido Canal-
CD shall be subject to all of the terms, conditions, and provi-
sions of the settlement agreement and this title; and

(2) shall not in any way interfere with, impair or affect the
ability of the Bands, the local entities and the United States to
implement, perform, and comply fully with all of the terms,
conditions, and provisions of the settlement agreement.

(b) INDIAN AND GOVERNMENT LANDS.—Notwithstanding any provi-
sion of Part I of the Federal Power Act to the contrary, the Sec-
retary is exclusively authorized, subject to subsection (c), to lease,
grant rights-of-way across, or transfer title to, any Indian tribal or
allotted land, or any other land subject to the authority of the
Secretary, which is used, or may be useful, in connection with the
operation, maintenance, repair, or replacement of the system to
divert, convey, and store the waters of the San Luis Key River
originating above the intake to the Escondido Canal or the supple-
mental water supplied by the Secretary under this Act.

(c) APPROVAL BY INDIAN BANDS; COMPENSATION TO INDIAN
OWNERS.—Any disposition of Indian tribal or allotted land by the
Secretary under the subsection (b) shall be subject to the approval of
the governing Indian Band. Any individual Indian owner or allottee