[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2605 Reported in Senate (RS)]






                                                       Calendar No. 777
108th CONGRESS
  2d Session
                                S. 2605

                          [Report No. 108-389]

To direct the Secretary of the Interior and the heads of other Federal 
 agencies to carry out an agreement resolving major issues relating to 
 the adjudication of water rights in the Snake River Basin, Idaho, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 24, 2004

 Mr. Craig (for himself and Mr. Crapo) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

                            October 7, 2004

              Reported by Mr. Campbell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of the Interior and the heads of other Federal 
 agencies to carry out an agreement resolving major issues relating to 
 the adjudication of water rights in the Snake River Basin, Idaho, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Snake River Water Rights 
Act of 2004''.</DELETED>

<DELETED>SEC. 2. PURPOSES.</DELETED>

<DELETED>    The purposes of this Act are--</DELETED>
        <DELETED>    (1) to resolve some of the largest outstanding 
        issues with respect to the Snake River Basin Adjudication in 
        Idaho in such a manner as to provide important benefits to the 
        United States, the State of Idaho, the Nez Perce Tribe, the 
        allottees, and citizens of the State;</DELETED>
        <DELETED>    (2) to achieve a fair, equitable, and final 
        settlement of all claims of the Nez Perce Tribe, its members, 
        and allottees and the United States on behalf of the Tribe, its 
        members, and allottees to the water of the Snake River Basin 
        within Idaho;</DELETED>
        <DELETED>    (3) to authorize, ratify, and confirm the 
        Agreement among the parties submitted to the Snake River Basin 
        Adjudication Court and provide all parties with the benefits of 
        the Agreement;</DELETED>
        <DELETED>    (4) to direct--</DELETED>
                <DELETED>    (A) the Secretary, acting through the 
                Bureau of Reclamation, the Bureau of Land Management, 
                the Bureau of Indian Affairs, and other agencies; 
                and</DELETED>
                <DELETED>    (B) the heads of other Federal agencies 
                authorized to execute and perform actions necessary to 
                carry out the Agreement;</DELETED>
        <DELETED>to perform all of their obligations under the 
        Agreement and this Act; and</DELETED>
        <DELETED>    (5) to authorize the actions and appropriations 
        necessary for the United States to meet the obligations of the 
        United States under the Agreement and this Act.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Agreement.--The term ``Agreement'' means the 
        document titled ``Mediator's Term Sheet'' dated April 20, 2004, 
        and submitted on that date to the SRBA Court in SRBA 
        Consolidated Subcase 03-10022 and SRBA Consolidated Subcase 67-
        13701, with all appendices to the document.</DELETED>
        <DELETED>    (2) Allottee.--The term ``allottee'' means a 
        person that holds a beneficial real property interest in an 
        Indian allotment that is--</DELETED>
                <DELETED>    (A) located within the Nez Perce 
                Reservation; and</DELETED>
                <DELETED>    (B) held in trust by the United 
                States.</DELETED>
        <DELETED>    (3) Consumptive use reserved water right.--The 
        term ``consumptive use reserved water right'' means the Federal 
        reserved water right of 50,000 acre-feet per year, as described 
        in the Agreement, to be decreed to the Tribe and the allottees, 
        with a priority date of 1855.</DELETED>
        <DELETED>    (4) Parties.--The term ``parties'' means the 
        United States, the State, the Tribe, and any other entity or 
        person that submitted, or joined in the submission, of the 
        Agreement to the SRBA Court on April 20, 2004.</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (6) Snake river basin.--The term ``Snake River 
        Basin'' means the geographic area in the State described in 
        paragraph 3 of the Commencement Order issued by the SRBA Court 
        on November 19, 1987.</DELETED>
        <DELETED>    (7) Springs or fountains water right.--The term 
        ``springs or fountains water right'' means the Tribe's treaty 
        right of access to and use of water from springs or fountains 
        on Federal public land within the area ceded by the Tribe in 
        the Treaty of June 9, 1863 (14 Stat. 647), as recognized under 
        the Agreement.</DELETED>
        <DELETED>    (8) SRBA.--The term ``SRBA'' means the Snake River 
        Basin Adjudication litigation before the SRBA Court styled as 
        In re Snake River Basin Adjudication, Case No. 39576.</DELETED>
        <DELETED>    (9) SRBA court.--The term ``SRBA Court'' means the 
        District Court of the Fifth Judicial District of the State of 
        Idaho, In and For the County of Twin Falls in re Snake River 
        Basin Adjudication.</DELETED>
        <DELETED>    (10) State.--The term ``State'' means the State of 
        Idaho.</DELETED>
        <DELETED>    (11) Tribe.--The term ``Tribe'' means the Nez 
        Perce Tribe.</DELETED>

<DELETED>SEC. 4. APPROVAL, RATIFICATION, AND CONFIRMATION OF 
              AGREEMENT.</DELETED>

<DELETED>    (a) In General.--Except to the extent that the Agreement 
conflicts with the express provisions of this Act, the Agreement is 
approved, ratified, and confirmed.</DELETED>
<DELETED>    (b) Execution and Performance.--The Secretary and the 
other heads of Federal agencies with obligations under the Agreement 
shall execute and perform all actions, consistent with this Act, that 
are necessary to carry out the Agreement.</DELETED>

<DELETED>SEC. 5. BUREAU OF RECLAMATION WATER USE.</DELETED>

<DELETED>    (a) In General.--As part of the overall implementation of 
the Agreement, the Secretary shall take such actions consistent with 
the Agreement, this Act, and water law of the State as are necessary to 
carry out the Snake River Flow Component of the Agreement.</DELETED>
<DELETED>    (b) Mitigation for Change of Use of Water.--</DELETED>
        <DELETED>    (1) Authorization of appropriations.--There is 
        authorized to be appropriated to the Secretary $2,000,000 for a 
        1-time payment to local governments to mitigate for the change 
        of use of water acquired by the Bureau of Reclamation under 
        section III.C.6 of the Agreement.</DELETED>
        <DELETED>    (2) Distribution of funds.--Funds made available 
        under paragraph (1) shall be distributed by the Secretary to 
        local governments in accordance with a plan provided to the 
        Secretary by the State.</DELETED>
        <DELETED>    (3) Payments.--Payments by the Secretary shall be 
        made on a pro rata basis as water rights are acquired by the 
        Bureau of Reclamation.</DELETED>

<DELETED>SEC. 6. BUREAU OF LAND MANAGEMENT LAND TRANSFER.</DELETED>

<DELETED>    (a) Transfer.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall transfer land 
        selected by the Tribe under paragraph (2) to the Bureau of 
        Indian Affairs to be held in trust for the Tribe.</DELETED>
        <DELETED>    (2) Land selection.--The land transferred shall be 
        selected by the Tribe from a list of parcels of land managed by 
        the Bureau of Land Management that are available for transfer, 
        as depicted on the map entitled ``North Idaho BLM Land Eligible 
        for Selection by the Nez Perce Tribe'' dated May 2004, on file 
        with the Director of the Bureau of Land Management, not 
        including any parcel designated on the map as being on the 
        Clearwater River or Lolo Creek.</DELETED>
        <DELETED>    (3) Maximum value.--The land selected by the Tribe 
        for transfer shall be limited to a maximum value in total of 
        not more than $7,000,000, as determined by an independent 
        appraisal of fair market value prepared in accordance with the 
        Uniform Standards of Professional Appraisal Practice and the 
        Uniform Appraisal Standards for Federal Land 
        Acquisitions.</DELETED>
<DELETED>    (b) Existing Rights and Uses.--</DELETED>
        <DELETED>    (1) In general.--On any land selected by the Tribe 
        under subsection (a)(2), any use in existence on the date of 
        transfer under subsection (a) under a lease or permit with the 
        Bureau of Land Management, including grazing, shall remain in 
        effect until the date of expiration of the lease or permit, 
        unless the holder of the lease or permit requests an earlier 
        termination of the lease or permit, in which case the Secretary 
        shall grant the request.</DELETED>
        <DELETED>    (2) Availability of amounts.--Amounts that accrue 
        to the United States under a lease or permit described in 
        paragraph (1) from sales, bonuses, royalties, and rentals 
        relating to any land transferred to the Tribe under this 
        section shall be made available to the Tribe by the Secretary 
        in the same manner as amounts received from other land held by 
        the Secretary in trust for the Tribe.</DELETED>
<DELETED>    (c) Date of Transfer.--No land shall be transferred to the 
Tribe under this section until the waivers and releases under section 
10 take effect.</DELETED>

<DELETED>SEC. 7. WATER RIGHTS.</DELETED>

<DELETED>    (a) Holding in Trust.--</DELETED>
        <DELETED>    (1) In general.--The consumptive use reserved 
        water right shall be held in trust by the United States for the 
        benefit of the Tribe and allottees.</DELETED>
        <DELETED>    (2) Springs or fountains water right.--The springs 
        or fountains water right of the Tribe shall be held in trust by 
        the United States for the benefit of the Tribe.</DELETED>
<DELETED>    (b) Water Code.--</DELETED>
        <DELETED>    (1) In general.--The consumptive use reserved 
        water right shall be subject to section 7 of the Act of 
        February 8, 1887 (25 U.S.C. 381; 24 Stat. 390, chapter 
        119).</DELETED>
        <DELETED>    (2) Enactment of water code.--Not later than 3 
        years after the date of enactment of this Act, the Tribe shall 
        enact a water code, subject to any applicable provision of law, 
        that--</DELETED>
                <DELETED>    (A) manages, regulates, and controls the 
                consumptive use reserved water right; and</DELETED>
                <DELETED>    (B) includes, subject to approval of the 
                Secretary--</DELETED>
                        <DELETED>    (i) a process by which an 
                        allottee, or any successor in interest to an 
                        allottee, may request and be provided with an 
                        allocation of water for irrigation use on 
                        allotted land of the allottee; and</DELETED>
                        <DELETED>    (ii) a due process system for the 
                        consideration and determination of any request 
                        by an allottee, or any successor in interest to 
                        an allottee, for an allocation of water, 
                        including a process for appeal and adjudication 
                        of denied or disputed distributions of water 
                        and for resolution of contested administrative 
                        decisions.</DELETED>
        <DELETED>    (3) Rights of allottees.--Any provision of the 
        water code and any amendments to the water code that affect the 
        rights of the allottees shall be subject to the approval of the 
        Secretary, and no such provision or amendment shall be valid 
        until approved by the Secretary.</DELETED>
        <DELETED>    (4) Interim administration.--The Secretary shall 
        administer the consumptive use reserved water right until such 
        date as the water code described in paragraph (2) has been 
        enacted by the Tribe and approved by the Secretary.</DELETED>
<DELETED>    (c) Satisfaction of Claims.--</DELETED>
        <DELETED>    (1) In general.--The water rights and other 
        benefits granted or confirmed by the Agreement and this Act 
        shall be in full satisfaction of all claims for water rights 
        and injuries to water rights of the allottees.</DELETED>
        <DELETED>    (2) Satisfaction of entitlements.--Any entitlement 
        to water of any allottee under Federal law shall be satisfied 
        out of the consumptive use reserved water right.</DELETED>
<DELETED>    (d) Abandonment, Forfeiture, or Nonuse.--The consumptive 
use reserved water right and the springs or fountains water right shall 
not be subject to loss by abandonment, forfeiture, or nonuse.</DELETED>
<DELETED>    (e) Lease of Water.--</DELETED>
        <DELETED>    (1) In general.--The Tribe, without further 
        approval of the Secretary, may lease water to which the Tribe 
        is entitled under the consumptive use reserved water right 
        through any State water bank in the same manner and subject to 
        the same rules and requirements that govern any other lessor of 
water to the water bank.</DELETED>
        <DELETED>    (2) Funds.--Any funds accruing to the Tribe from 
        any lease under paragraph (1) shall be the property of the 
        Tribe, and the United States shall have no trust obligation or 
        other obligation to monitor, administer, or account for any 
        consideration received by the Tribe under any such 
        lease.</DELETED>

<DELETED>SEC. 8. TRIBAL FUNDS.</DELETED>

<DELETED>    (a) Definition of Fund.--In this section, the term 
``Fund'' means--</DELETED>
        <DELETED>    (1) the Nez Perce Tribe Water and Fisheries Fund 
        established under subsection (b)(1); and</DELETED>
        <DELETED>    (2) the Nez Perce Tribe Domestic Water Supply Fund 
        established under subsection (b)(2).</DELETED>
<DELETED>    (b) Establishment.--There are established in the Treasury 
of the United States--</DELETED>
        <DELETED>    (1) a fund to be known as the ``Nez Perce Tribe 
        Water and Fisheries Fund'', to be used to pay or reimburse 
        costs incurred by the Tribe in acquiring land and water rights, 
        restoring or improving fish habitat, or for fish production, 
        agricultural development, cultural preservation, water resource 
        development, or fisheries-related projects; and</DELETED>
        <DELETED>    (2) a fund to be known as the ``Nez Perce Domestic 
        Water Supply Fund'', to be used to pay the costs for design and 
        construction of water supply and sewer systems for tribal 
        communities, including a water quality testing 
        laboratory.</DELETED>
<DELETED>    (c) Management of the Funds.--The Secretary shall manage 
the Funds, make investments from the Funds, and make amounts available 
from the Funds for distribution to the Tribe consistent with the 
American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 
4001 et seq.), this Act, and the Agreement.</DELETED>
<DELETED>    (d) Investment of the Funds.--The Secretary shall invest 
amounts in the Funds in accordance with--</DELETED>
        <DELETED>    (1) the Act of April 1, 1880 (25 U.S.C. 161; 21 
        Stat. 70, chapter 41);</DELETED>
        <DELETED>    (2) the first section of the Act of June 24, 1938 
        (25 U.S.C. 162a; 52 Stat. 1037, chapter 648); and</DELETED>
        <DELETED>    (3) subsection (c).</DELETED>
<DELETED>    (e) Availability of Amounts From the Funds.--Amounts made 
available under subsection (h) shall be available for expenditure or 
withdrawal only after the waivers and releases under section 10 take 
effect.</DELETED>
<DELETED>    (f) Expenditures and Withdrawal.--</DELETED>
        <DELETED>    (1) Tribal management plan.--</DELETED>
                <DELETED>    (A) In general.--The Tribe may withdraw 
                all or part of amounts in the Funds on approval by the 
                Secretary of a tribal management plan as described in 
                the American Indian Trust Fund Management Reform Act of 
                1994 (25 U.S.C. 4001 et seq.).</DELETED>
                <DELETED>    (B) Requirements.--In addition to the 
                requirements under the American Indian Trust Fund 
                Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), 
                the tribal management plan shall require that the Tribe 
                spend any amounts withdrawn from the Funds in 
                accordance with the purposes described in subsection 
                (b).</DELETED>
                <DELETED>    (C) Enforcement.--The Secretary may take 
                judicial or administrative action to enforce the 
                provisions of any tribal management plan to ensure that 
                any amounts withdrawn from the Funds under the plan are 
                used in accordance with this Act and the 
                Agreement.</DELETED>
                <DELETED>    (D) Liability.--If the Tribe exercises the 
                right to withdraw amounts from the Funds, neither the 
                Secretary nor the Secretary of the Treasury shall 
                retain any liability for the expenditure or investment 
                of the amounts.</DELETED>
        <DELETED>    (2) Expenditure plan.--</DELETED>
                <DELETED>    (A) In general.--The Tribe shall submit to 
                the Secretary for approval an expenditure plan for any 
                portion of the amounts made available under subsection 
                (h) that the Tribe does not withdraw under this 
                subsection.</DELETED>
                <DELETED>    (B) Description.--The expenditure plan 
                shall describe the manner in which, and the purposes 
                for which, amounts of the Tribe remaining in the Funds 
                will be used.</DELETED>
                <DELETED>    (C) Approval.--On receipt of an 
                expenditure plan under subparagraph (A), the Secretary 
                shall approve the plan if the Secretary determines that 
                the plan is reasonable and consistent with this Act and 
                the Agreement.</DELETED>
                <DELETED>    (D) Annual report.--For each Fund, the 
                Tribe shall submit to the Secretary an annual report 
                that describes all expenditures from the Fund during 
                the year covered by the report.</DELETED>
<DELETED>    (g) No Per Capita Payments.--No part of the principal of 
the Funds, or of the income accruing in the Funds, shall be distributed 
to any member of the Tribe on a per capita basis.</DELETED>
<DELETED>    (h) Authorization of Appropriations.--There are authorized 
to be appropriated--</DELETED>
        <DELETED>    (1) $60,100,000 to the Nez Perce Tribe Water and 
        Fisheries Fund; and</DELETED>
        <DELETED>    (2) $23,000,000 to the Nez Perce Tribe Domestic 
        Water Supply Fund.</DELETED>

<DELETED>SEC. 9. SALMON AND CLEARWATER RIVER BASINS HABITAT 
              FUND.</DELETED>

<DELETED>    (a) Establishment of Fund.--</DELETED>
        <DELETED>    (1) In general.--There is established in the 
        Treasury of the United States a fund to be known as the 
        ``Salmon and Clearwater River Basins Habitat Fund'' (referred 
        to in this section as the ``Fund''), to be administered by the 
        Secretary.</DELETED>
        <DELETED>    (2) Accounts.--There is established within the 
        Fund--</DELETED>
                <DELETED>    (A) an account to be known as the ``Nez 
                Perce Tribe Salmon and Clearwater River Basins Habitat 
                Account'', which shall be administered by the Secretary 
                for use by the Tribe subject to the same provisions for 
                management, investment, and expenditure as the funds 
                established by section 8; and</DELETED>
                <DELETED>    (B) an account to be known as the ``Idaho 
                Salmon and Clearwater River Basins Habitat Account'', 
                which shall be administered by the Secretary and 
provided to the State as provided in the Agreement and this 
Act.</DELETED>
<DELETED>    (b) Use of the Fund.--</DELETED>
        <DELETED>    (1) In general.--The Fund shall be used to 
        supplement amounts made available under other law for habitat 
        protection and restoration in the Salmon and Clearwater River 
        basins, including projects and programs intended to protect and 
        restore listed fish and their habitat in the Salmon and 
        Clearwater basins, as specified in the Agreement and this 
        Act.</DELETED>
        <DELETED>    (2) No allocation requirement.--The use of the 
        Fund shall not be subject to the allocation procedures under 
        section 6(d)(1) of the Endangered Species Act of 1973 (16 
        U.S.C. 1535(d)(1)).</DELETED>
        <DELETED>    (3) Release of funds.--The Secretary shall release 
        funds from the Clearwater River Basins Habitat Account in 
        accordance with section 6(d)(2) of the Endangered Species Act 
        (16 U.S.C. 1535(d)(2)).</DELETED>
<DELETED>    (c) Availability of Amounts in the Fund.--Amounts made 
available under subsection (d) shall be available for expenditure or 
withdrawal only after the waivers and releases under section 10(a) take 
effect.</DELETED>
<DELETED>    (d) Authorization of Appropriations.--There are authorized 
to be appropriated--</DELETED>
        <DELETED>    (1) $12,666,670 to the Nez Perce Tribe Salmon and 
        Clearwater River Basins Habitat Account; and</DELETED>
        <DELETED>    (2) $25,333,330 to the Idaho Salmon and Clearwater 
        River Basins Habitat Account.</DELETED>

<DELETED>SEC. 10. TRIBAL WAIVER AND RELEASE OF CLAIMS.</DELETED>

<DELETED>    (a) Waiver and Release of Claims in General.--</DELETED>
        <DELETED>    (1) Claims to water rights; claims for injuries to 
        water rights or treaty rights.--Except as otherwise provided in 
        this Act, the United States on behalf of the Tribe and the 
        allottees, and the Tribe, waive and release--</DELETED>
                <DELETED>    (A) all claims to water rights within the 
                Snake River Basin (as defined in section 
                3(b));</DELETED>
                <DELETED>    (B) all claims for injuries to such water 
                rights; and</DELETED>
                <DELETED>    (C) all claims for injuries to the treaty 
                rights of the Tribe to the extent that such injuries 
                result or resulted from flow modifications or 
                reductions in the quantity of water available that 
                accrued at any time up to and including the effective 
                date of the settlement, and any continuation thereafter 
                of any such claims, against the State, any agency or 
                political subdivision of the State, or any person, 
                entity, corporation, municipal corporation, or quasi-
                municipal corporation.</DELETED>
        <DELETED>    (2) Claims based on reduced water quality or 
        reductions in water quantity.--The United States on behalf of 
        the Tribe and the allottees, and the Tribe, waive and release 
        any claim, under any treaty theory, based on reduced water 
        quality resulting directly from flow modifications or 
        reductions in the quantity of water available in the Snake 
        River Basin against any party to the Agreement or this 
        Act.</DELETED>
        <DELETED>    (3) No future assertion of claims.--No water right 
        claim that the Tribe or the allottees have asserted or may in 
        the future assert outside the Snake River Basin shall require 
        water to be supplied from the Snake River Basin to satisfy the 
        claim.</DELETED>
        <DELETED>    (4) Effect of waivers and releases.--The waivers 
        and releases by the United States and the Tribe under this 
        subsection--</DELETED>
                <DELETED>    (A) shall be permanent and enforceable; 
                and</DELETED>
                <DELETED>    (B) shall survive any subsequent 
                termination of any component of the settlement 
                described in the Agreement or this Act.</DELETED>
        <DELETED>    (5) Effective date.--The waivers and releases 
        under this subsection take effect on the date on which the 
        Secretary causes to be published in the Federal Register a 
        statement of findings that the actions set forth in section 
        IV.L of the Agreement--</DELETED>
                <DELETED>    (A) have been completed, including 
                issuance of a judgment and decree by the SRBA court 
                from which no further appeal may be taken; 
                and</DELETED>
                <DELETED>    (B) have been determined by the United 
                States on behalf of the Tribe and the allottees, the 
                Tribe, and the State of Idaho to be consistent in all 
                material aspects with the Agreement.</DELETED>
<DELETED>    (b) Waiver and Release of Claims Against the United 
States.--</DELETED>
        <DELETED>    (1) In general.--In consideration of performance 
        by the United States of all actions required by the Agreement 
        and this Act, including the appropriation of all funds 
        authorized under sections 8(h) and 9(d)(1), the Tribe shall 
        execute a waiver and release of the United States from--
        </DELETED>
                <DELETED>    (A) all claims for water rights within the 
                Snake River Basin, injuries to such water rights, or 
                breach of trust claims for failure to protect, acquire, 
                or develop such water rights that accrued at any time 
                up to and including the effective date determined under 
                paragraph (2);</DELETED>
                <DELETED>    (B) all claims for injuries to the Tribe's 
                treaty fishing rights, to the extent that such injuries 
                result or resulted from reductions in the quantity of 
                water available in the Snake River Basin;</DELETED>
                <DELETED>    (C) all claims of breach of trust for 
                failure to protect Nez Perce springs or fountains 
                treaty rights reserved in article VIII of the Treaty of 
                June 9, 1863 (14 Stat. 651); and</DELETED>
                <DELETED>    (D) all claims of breach of trust arising 
                out of the negotiation of or resulting from the 
                adoption of the Agreement.</DELETED>
        <DELETED>    (2) Effective date.--The waiver and release 
        contained in this subsection take effect on the date on which 
        the funds authorized under sections 8(h) and 9(d)(1) of this 
        Act have been appropriated as authorized by this Act.</DELETED>
<DELETED>    (c) Retention of Rights.--</DELETED>
        <DELETED>    (1) In general.--The Tribe shall retain all rights 
        not specifically waived or released in the Agreement or this 
        Act.</DELETED>
        <DELETED>    (2) Dworshak project.--Nothing in the Agreement or 
        this Act constitutes a waiver by the Tribe of any claim against 
        the United States relating to non-water-based injuries 
        resulting from the construction and operation of the Dworshak 
        Project.</DELETED>
        <DELETED>    (3) Future acquisition of water rights.--Nothing 
        in the Agreement or this Act precludes the Tribe, or the United 
        States as trustee for the Tribe, from purchasing or otherwise 
        acquiring water rights in the future to the same extent as any 
        other entity the State.</DELETED>

<DELETED>SEC. 11. MISCELLANEOUS.</DELETED>

<DELETED>    (a) General Disclaimer.--The parties expressly reserve all 
rights not specifically granted, recognized, or relinquished by the 
settlement described in the Agreement or this Act.</DELETED>
<DELETED>    (b) Disclaimer Regarding Other Agreements and Precedent.--
</DELETED>
        <DELETED>    (1) In general.--Except as expressly provided in 
        this Act, nothing in this Act amends, supersedes, or preempts 
        any State law, Federal law, Tribal law, or interstate compact 
        that pertains to the Snake River or its tributaries.</DELETED>
        <DELETED>    (2) No establishment of standard.--Nothing in this 
        Act--</DELETED>
                <DELETED>    (A) establishes any standard for the 
                quantification of Federal reserved water rights or any 
                other Indian water claims of any other Indian tribes in 
                any other judicial or administrative proceeding; 
                or</DELETED>
                <DELETED>    (B) limits the rights of the parties to 
                litigate any issue not resolved by the Agreement or 
                this Act.</DELETED>
        <DELETED>    (3) No admission against interest.--Nothing in 
        this Act constitutes an admission against interest against any 
        party in any legal proceeding.</DELETED>
<DELETED>    (c) Treaty Rights.--Nothing in the Agreement or this Act 
impairs the treaty fishing, hunting, pasturing, or gathering rights of 
the Tribe except to the extent expressly provided in the Agreement or 
this Act.</DELETED>
<DELETED>    (d) Other Claims.--Nothing in the Agreement or this Act 
quantifies or otherwise affects the water rights, claims, or 
entitlements to water, or any other treaty right, of any Indian tribe, 
band, or community other than the Tribe.</DELETED>
<DELETED>    (e) Recreation on Dworshak Reservoir.--</DELETED>
        <DELETED>    (1) In general.--In implementing the provisions of 
        the Agreement and this Act relating to the use of water stored 
        in Dworshak Reservoir for flow augmentation purposes, the heads 
        of the Federal agencies involved in the operational Memorandum 
        of Agreement referred to in the Agreement shall implement a 
        flow augmentation plan beneficial to fish and consistent with 
        the Agreement.</DELETED>
        <DELETED>    (2) Contents of plan.--The flow augmentation plan 
        may include provisions beneficial to recreational uses of the 
        reservoir through maintenance of the full level of the 
        reservoir for prolonged periods during the summer 
        months.</DELETED>
<DELETED>    (f) Jurisdiction.--</DELETED>
        <DELETED>    (1) No effect on subject matter jurisdiction.--
        Nothing in the Agreement or this Act restricts, enlarges, or 
        otherwise determines the subject matter jurisdiction of any 
        Federal, State, or Tribal court.</DELETED>
        <DELETED>    (2) Consent to jurisdiction.--The United States 
        consents to jurisdiction in a proper forum for purposes of 
        enforcing the provisions of the Agreement.</DELETED>
        <DELETED>    (3) Effect of subsection.--Nothing in this 
        subsection confers jurisdiction on any State court to--
        </DELETED>
                <DELETED>    (A) enforce Federal environmental laws 
                regarding the duties of the United States; or</DELETED>
                <DELETED>    (B) conduct judicial review of Federal 
                agency action.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Snake River Water Rights Act of 
2004''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to resolve some of the largest outstanding issues with 
        respect to the Snake River Basin Adjudication in Idaho in such 
        a manner as to provide important benefits to the United States, 
        the State of Idaho, the Nez Perce Tribe, the allottees, and 
        citizens of the State;
            (2) to achieve a fair, equitable, and final settlement of 
        all claims of the Nez Perce Tribe, its members, and allottees 
        and the United States on behalf of the Tribe, its members, and 
        allottees to the water of the Snake River Basin within Idaho;
            (3) to authorize, ratify, and confirm the Agreement among 
        the parties submitted to the Snake River Basin Adjudication 
        Court and provide all parties with the benefits of the 
        Agreement;
            (4) to direct--
                    (A) the Secretary, acting through the Bureau of 
                Reclamation, the Bureau of Land Management, the Bureau 
                of Indian Affairs, and other agencies; and
                    (B) the heads of other Federal agencies authorized 
                to execute and perform actions necessary to carry out 
                the Agreement;
        to perform all of their obligations under the Agreement and 
        this Act; and
            (5) to authorize the actions and appropriations necessary 
        for the United States to meet the obligations of the United 
        States under the Agreement and this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agreement.--The term ``Agreement'' means the document 
        titled ``Mediator's Term Sheet'' dated April 20, 2004, and 
        submitted on that date to the SRBA Court in SRBA Consolidated 
        Subcase 03-10022 and SRBA Consolidated Subcase 67-13701, with 
        all appendices to the document.
            (2) Allottee.--The term ``allottee'' means a person that 
        holds a beneficial real property interest in an Indian 
        allotment that is--
                    (A) located within the Nez Perce Reservation; and
                    (B) held in trust by the United States.
            (3) Consumptive use reserved water right.--The term 
        ``consumptive use reserved water right'' means the Federal 
        reserved water right of 50,000 acre-feet per year, as described 
        in the Agreement, to be decreed to the United States in trust 
        for the Tribe and the allottees, with a priority date of 1855.
            (4) Parties.--The term ``parties'' means the United States, 
        the State, the Tribe, and any other entity or person that 
        submitted, or joined in the submission of, the Agreement to the 
        SRBA Court on April 20, 2004.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) Snake river basin.--The term ``Snake River Basin'' 
        means the geographic area in the State described in paragraph 3 
        of the Commencement Order issued by the SRBA Court on November 
        19, 1987.
            (7) Springs or fountains water right.--The term ``springs 
        or fountains water right'' means the Tribe's treaty right of 
        access to and use of water from springs or fountains on Federal 
        public land within the area ceded by the Tribe in the Treaty of 
        June 9, 1863 (14 Stat. 647), as recognized under the Agreement.
            (8) SRBA.--The term ``SRBA'' means the Snake River Basin 
        Adjudication litigation before the SRBA Court styled as In re 
        Snake River Basin Adjudication, Case No. 39576.
            (9) SRBA court.--The term ``SRBA Court'' means the District 
        Court of the Fifth Judicial District of the State of Idaho, In 
        and For the County of Twin Falls in re Snake River Basin 
        Adjudication.
            (10) State.--The term ``State'' means the State of Idaho.
            (11) Tribe.--The term ``Tribe'' means the Nez Perce Tribe.

SEC. 4. APPROVAL, RATIFICATION, AND CONFIRMATION OF AGREEMENT.

    (a) In General.--Except to the extent that the Agreement conflicts 
with this Act, the Agreement is approved, ratified, and confirmed.
    (b) Execution and Performance.--The Secretary and the other heads 
of Federal agencies with obligations under the Agreement shall execute 
and perform all actions, consistent with this Act, that are necessary 
to carry out the Agreement.

SEC. 5. BUREAU OF RECLAMATION WATER USE.

    (a) In General.--As part of the overall implementation of the 
Agreement, the Secretary shall take such actions consistent with the 
Agreement, this Act, and water law of the State as are necessary to 
carry out the Snake River Flow Component of the Agreement.
    (b) Mitigation for Change of Use of Water.--
            (1) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary $2,000,000 for a 1-time 
        payment to local governments to mitigate for the change of use 
        of water acquired by the Bureau of Reclamation under section 
        III.C.6 of the Agreement.
            (2) Distribution of funds.--Funds made available under 
        paragraph (1) shall be distributed by the Secretary to local 
governments in accordance with a plan provided to the Secretary by the 
State.
            (3) Payments.--Payments by the Secretary shall be made on a 
        pro rata basis as water rights are acquired by the Bureau of 
        Reclamation.

SEC. 6. BUREAU OF LAND MANAGEMENT LAND TRANSFER.

    (a) Transfer.--
            (1) In general.--The Secretary shall transfer land selected 
        by the Tribe under paragraph (2) to the Bureau of Indian 
        Affairs to be held in trust for the Tribe.
            (2) Land selection.--The land transferred shall be selected 
        by the Tribe from a list of parcels of land managed by the 
        Bureau of Land Management that are available for transfer, as 
        depicted on the map entitled ``North Idaho BLM Land Eligible 
        for Selection by the Nez Perce Tribe'' dated May 2004, on file 
        with the Director of the Bureau of Land Management, not 
        including any parcel designated on the map as being on the 
        Clearwater River or Lolo Creek.
            (3) Maximum value.--The land selected by the Tribe for 
        transfer shall be limited to a maximum value in total of not 
        more than $7,000,000, as determined by an independent appraisal 
        of fair market value prepared in accordance with the Uniform 
        Standards of Professional Appraisal Practice and the Uniform 
        Appraisal Standards for Federal Land Acquisitions.
    (b) Existing Rights and Uses.--
            (1) In general.--On any land selected by the Tribe under 
        subsection (a)(2), any use in existence on the date of transfer 
        under subsection (a) under a lease or permit with the Bureau of 
        Land Management, including grazing, shall remain in effect 
        until the date of expiration of the lease or permit, unless the 
        holder of the lease or permit requests an earlier termination 
        of the lease or permit, in which case the Secretary shall grant 
        the request.
            (2) Availability of amounts.--Amounts that accrue to the 
        United States under a lease or permit described in paragraph 
        (1) from sales, bonuses, royalties, and rentals relating to any 
        land transferred to the Tribe under this section shall be made 
        available to the Tribe by the Secretary in the same manner as 
        amounts received from other land held by the Secretary in trust 
        for the Tribe.
    (c) Date of Transfer.--No land shall be transferred to the Bureau 
of Indian Affairs to be held in trust for the Tribe under this section 
until the waivers and releases under section 10(a) take effect.
    (d) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary $200,000 for 1-time payments to local governments 
        to mitigate for the transfer of land by the Bureau of Land 
        Management to the Tribe under section I.F of the Agreement.
            (2) Payments.--Payments under paragraph (1) shall be made 
        on a pro rata basis as parcels of land are acquired by the 
        Tribe.

SEC. 7. WATER RIGHTS.

    (a) Holding in Trust.--
            (1) In general.--The consumptive use reserved water right 
        shall--
                    (A) be held in trust by the United States for the 
                benefit of the Tribe and allottees as set forth in this 
                section; and
                    (B) be subject to section 7 of the Act of February 
                8, 1887 (25 U.S.C. 381).
            (2) Springs or fountains water right.--The springs or 
        fountains water right of the Tribe shall be held in trust by 
        the United States for the benefit of the Tribe.
            (3) Allottees.--Allottees shall be entitled to a just and 
        equitable allocation of the consumptive use reserved water 
        right for irrigation purposes.
    (b) Water Code.--
            (1) Enactment of water code.--Not later than 3 years after 
        the date of enactment of this Act, the Tribe shall enact a 
        water code, subject to any applicable provision of law, that--
                    (A) manages, regulates, and controls the 
                consumptive use reserved water right so as to allocate 
                water for irrigation, domestic, commercial, municipal, 
                industrial, cultural, or other uses; and
                    (B) includes, subject to approval of the 
                Secretary--
                            (i) a due process system for the 
                        consideration and determination of any request 
                        by an allottee, or any successor in interest to 
                        an allottee, for an allocation of such water 
                        for irrigation purposes on allotted land, 
                        including a process for an appeal and 
                        adjudication of denied or disputed distribution 
                        of water and for resolution of contested 
                        administrative decisions; and
                            (ii) a process to protect the interests of 
                        allottees when entering into any lease under 
                        subsection (e).
            (2) Secretarial approval.--Any provision of the water code 
        and any amendments to the water code that affect the rights of 
        the allottees shall be subject to approval by the Secretary, 
        and no such provision or amendment shall be valid until 
        approved by the Secretary.
            (3) Interim administration.--The Secretary shall administer 
        the consumptive use reserved water right until such date as the 
        water code described in paragraph (2) has been enacted by the 
        Tribe and the Secretary has approved the relevant portions of 
        the water code.
    (c) Exhaustion of Remedies.--Before asserting any claim against the 
United States under section 7 of the Act of February 8, 1887 (25 U.S.C. 
381) or other applicable law, a claimant shall exhaust remedies 
available under the Tribe's water code and Tribal law.
    (d) Petition to the Secretary.--Following exhaustion of remedies in 
accordance with subsection (c), a claimant may petition the Secretary 
for relief.
    (e) Satisfaction of Claims.--
            (1) In general.--The water rights and other benefits 
        granted or confirmed by the Agreement and this Act shall be in 
        full satisfaction of all claims for water rights and injuries 
        to water rights of the allottees.
            (2) Satisfaction of entitlements.--Any entitlement to water 
        of any allottee under Federal law shall be satisfied out of the 
        consumptive use reserved water right.
            (3) Complete substitution.--The water rights, resources, 
        and other benefits provided by this Act are a complete 
        substitution for any rights that may have been held by, or any 
        claims that may have been asserted by, allottees within the 
        exterior boundaries of the Reservation before the date of 
        enactment of this Act.
    (f) Abandonment, Forfeiture, or Nonuse.--The consumptive use 
reserved water right and the springs or fountains water right shall not 
be subject to loss by abandonment, forfeiture, or nonuse.
    (g) Lease of Water.--
            (1) In general.--Subject to the water code, the Tribe, 
        without further approval of the Secretary, may lease water to 
        which the Tribe is entitled under the consumptive use reserved 
        water right through any State water bank in the same manner and 
        subject to the same rules and requirements that govern any 
other lessor of water to the water bank.
            (2) Funds.--Any funds accruing to the Tribe from any lease 
        under paragraph (1) shall be the property of the Tribe, and the 
        United States shall have no trust obligation or other 
        obligation to monitor, administer, or account for any 
        consideration received by the Tribe under any such lease.

SEC. 8. TRIBAL FUNDS.

    (a) Definition of Fund.--In this section, the term ``Fund'' means--
            (1) the Nez Perce Tribe Water and Fisheries Fund 
        established under subsection (b)(1); and
            (2) the Nez Perce Tribe Domestic Water Supply Fund 
        established under subsection (b)(2).
    (b) Establishment.--There are established in the Treasury of the 
United States--
            (1) a fund to be known as the ``Nez Perce Tribe Water and 
        Fisheries Fund'', to be used to pay or reimburse costs incurred 
        by the Tribe in acquiring land and water rights, restoring or 
        improving fish habitat, or for fish production, agricultural 
        development, cultural preservation, water resource development, 
        or fisheries-related projects; and
            (2) a fund to be known as the ``Nez Perce Domestic Water 
        Supply Fund'', to be used to pay the costs for design and 
        construction of water supply and sewer systems for tribal 
        communities, including a water quality testing laboratory.
    (c) Management of the Funds.--The Secretary shall manage the Funds, 
make investments from the Funds, and make amounts available from the 
Funds for distribution to the Tribe consistent with the American Indian 
Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), this 
Act, and the Agreement.
    (d) Investment of the Funds.--The Secretary shall invest amounts in 
the Funds in accordance with--
            (1) the Act of April 1, 1880 (25 U.S.C. 161; 21 Stat. 70, 
        chapter 41);
            (2) the first section of the Act of June 24, 1938 (25 
        U.S.C. 162a; 52 Stat. 1037, chapter 648); and
            (3) subsection (c).
    (e) Availability of Amounts From the Funds.--Amounts made available 
under subsection (h) shall be available for expenditure or withdrawal 
only after the waivers and releases under section 10(a) take effect.
    (f) Expenditures and Withdrawal.--
            (1) Tribal management plan.--
                    (A) In general.--The Tribe may withdraw all or part 
                of amounts in the Funds on approval by the Secretary of 
                a tribal management plan as described in the American 
                Indian Trust Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.).
                    (B) Requirements.--In addition to the requirements 
                under the American Indian Trust Fund Management Reform 
                Act of 1994 (25 U.S.C. 4001 et seq.), the tribal 
                management plan shall require that the Tribe spend any 
                amounts withdrawn from the Funds in accordance with the 
                purposes described in subsection (b).
                    (C) Enforcement.--The Secretary may take judicial 
                or administrative action to enforce the provisions of 
                any tribal management plan to ensure that any amounts 
                withdrawn from the Funds under the plan are used in 
                accordance with this Act and the Agreement.
                    (D) Liability.--If the Tribe exercises the right to 
                withdraw amounts from the Funds, neither the Secretary 
                nor the Secretary of the Treasury shall retain any 
                liability for the expenditure or investment of the 
                amounts.
            (2) Expenditure plan.--
                    (A) In general.--The Tribe shall submit to the 
                Secretary for approval an expenditure plan for any 
                portion of the amounts made available under subsection 
                (h) that the Tribe does not withdraw under this 
                subsection.
                    (B) Description.--The expenditure plan shall 
                describe the manner in which, and the purposes for 
                which, amounts of the Tribe remaining in the Funds will 
                be used.
                    (C) Approval.--On receipt of an expenditure plan 
                under subparagraph (A), the Secretary shall approve the 
                plan if the Secretary determines that the plan is 
                reasonable and consistent with this Act and the 
                Agreement.
                    (D) Annual report.--For each Fund, the Tribe shall 
                submit to the Secretary an annual report that describes 
                all expenditures from the Fund during the year covered 
                by the report.
    (g) No Per Capita Payments.--No part of the principal of the Funds, 
or of the income accruing in the Funds, shall be distributed to any 
member of the Tribe on a per capita basis.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated--
            (1) to the Nez Perce Tribe Water and Fisheries Fund--
                    (A) for fiscal year 2007, $7,830,000;
                    (B) for fiscal year 2008, $4,730,000;
                    (C) for fiscal year 2009, $7,380,000;
                    (D) for fiscal year 2010, $10,080,000;
                    (E) for fiscal year 2011, $11,630,000;
                    (F) for fiscal year 2012, $9,450,000; and
                    (G) for fiscal year 2013, $9,000,000; and
            (2) to the Nez Perce Tribe Domestic Water Supply Fund--
                    (A) for fiscal year 2007, $5,100,000;
                    (B) for fiscal year 2008, $8,200,000;
                    (C) for fiscal year 2009, $5,550,000;
                    (D) for fiscal year 2010, $2,850,000; and
                    (E) for fiscal year 2011, $1,300,000.

SEC. 9. SALMON AND CLEARWATER RIVER BASINS HABITAT FUND.

    (a) Establishment of Fund.--
            (1) In general.--There is established in the Treasury of 
        the United States a fund to be known as the ``Salmon and 
        Clearwater River Basins Habitat Fund'' (referred to in this 
        section as the ``Fund''), to be administered by the Secretary.
            (2) Accounts.--There is established within the Fund--
                    (A) an account to be known as the ``Nez Perce Tribe 
                Salmon and Clearwater River Basins Habitat Account'', 
                which shall be administered by the Secretary for use by 
                the Tribe subject to the same provisions for 
                management, investment, and expenditure as the funds 
                established by section 8; and
                    (B) an account to be known as the ``Idaho Salmon 
                and Clearwater River Basins Habitat Account'', which 
                shall be administered by the Secretary and provided to 
the State as provided in the Agreement and this Act.
    (b) Use of the Fund.--
            (1) In general.--The Fund shall be used to supplement 
        amounts made available under any other law for habitat 
        protection and restoration in the Salmon and Clearwater River 
        Basins in Idaho, including projects and programs intended to 
        protect and restore listed fish and their habitat in those 
        basins, as specified in the Agreement and this Act.
            (2) Release of funds.--The Secretary shall release funds 
        from the Idaho Salmon and Clearwater River Basins Habitat 
        Account in accordance with section 6(d)(2) of the Endangered 
        Species Act (16 U.S.C. 1535(d)(2)).
            (3) No allocation requirement.--The use of the Fund shall 
        not be subject to the allocation procedures under section 
6(d)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1535(d)(1)).
    (c) Availability of Amounts in the Fund.--Amounts made available 
under subsection (d) shall be available for expenditure or withdrawal 
only after the waivers and releases under section 10(a) take effect.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated--
            (1) to the Nez Perce Tribe Salmon and Clearwater River 
        Basins Habitat Account, $2,533,334 for each of fiscal years 
        2007 through 2011; and
            (2) to the Idaho Salmon and Clearwater River Basins Habitat 
        Account, $5,066,666 for each of fiscal years 2007 through 2011.

SEC. 10. TRIBAL WAIVER AND RELEASE OF CLAIMS.

    (a) Waiver and Release of Claims in General.--
            (1) Claims to water rights; claims for injuries to water 
        rights or treaty rights.--Except as otherwise provided in this 
        Act, the United States on behalf of the Tribe and the 
        allottees, and the Tribe, waive and release--
                    (A) all claims to water rights within the Snake 
                River Basin (as defined in section 3);
                    (B) all claims for injuries to such water rights; 
                and
                    (C) all claims for injuries to the treaty rights of 
                the Tribe to the extent that such injuries result or 
                resulted from flow modifications or reductions in the 
                quantity of water available that accrued at any time up 
                to and including the effective date of the settlement, 
                and any continuation thereafter of any such claims, 
                against the State, any agency or political subdivision 
                of the State, or any person, entity, corporation, 
                municipal corporation, or quasi-municipal corporation.
            (2) Claims based on reduced water quality or reductions in 
        water quantity.--The United States on behalf of the Tribe and 
        the allottees, and the Tribe, waive and release any claim, 
        under any treaty theory, based on reduced water quality 
        resulting directly from flow modifications or reductions in the 
        quantity of water available in the Snake River Basin against 
        any party to the Agreement.
            (3) No future assertion of claims.--No water right claim 
        that the Tribe or the allottees have asserted or may in the 
        future assert outside the Snake River Basin shall require water 
        to be supplied from the Snake River Basin to satisfy the claim.
            (4) Effect of waivers and releases.--The waivers and 
        releases by the United States and the Tribe under this 
        subsection--
                    (A) shall be permanent and enforceable; and
                    (B) shall survive any subsequent termination of any 
                component of the settlement described in the Agreement 
                or this Act.
            (5) Effective date.--The waivers and releases under this 
        subsection shall take effect on the date on which the Secretary 
        causes to be published in the Federal Register a statement of 
        findings that the actions set forth in section IV.L of the 
        Agreement--
                    (A) have been completed, including issuance of a 
                judgment and decree by the SRBA court from which no 
                further appeal may be taken; and
                    (B) have been determined by the United States on 
                behalf of the Tribe and the allottees, the Tribe, and 
                the State of Idaho to be consistent in all material 
                aspects with the Agreement.
    (b) Waiver and Release of Claims Against the United States.--
            (1) In general.--In consideration of performance by the 
        United States of all actions required by the Agreement and this 
        Act, including the appropriation of all funds authorized under 
        sections 8(h) and 9(d)(1), the Tribe shall execute a waiver and 
        release of the United States from--
                    (A) all claims for water rights within the Snake 
                River Basin, injuries to such water rights, or breach 
                of trust claims for failure to protect, acquire, or 
                develop such water rights that accrued at any time up 
                to and including the effective date determined under 
                paragraph (2);
                    (B) all claims for injuries to the Tribe's treaty 
                fishing rights, to the extent that such injuries result 
                or resulted from reductions in the quantity of water 
                available in the Snake River Basin;
                    (C) all claims of breach of trust for failure to 
                protect Nez Perce springs or fountains treaty rights 
                reserved in article VIII of the Treaty of June 9, 1863 
                (14 Stat. 651); and
                    (D) all claims of breach of trust arising out of 
                the negotiation of or resulting from the adoption of 
                the Agreement.
            (2) Effective date.--
                    (A) In general.--The waiver and release contained 
                in this subsection shall take effect on the date on 
                which the amounts authorized under sections 8(h) and 
                9(d)(1) are appropriated.
                    (B) Periods of limitation; equitable claims.--
                            (i) In general.--All periods of limitation 
                        and time-based equitable defenses applicable to 
                        the claims set forth in paragraph (1) are 
                        tolled for the period between the date of 
                        enactment of this Act until the earlier of--
                                    (I) the date on which the amounts 
                                authorized under sections 8(h) and 
                                9(d)(1) are appropriated; or
                                    (II) October 1, 2017.
                            (ii) Effect of subparagraph.--This 
                        subparagraph neither revives any claim nor 
                        tolls any period of limitation or time-based 
                        equitable defense that may have expired before 
                        the date of enactment of this Act.
            (3) Defense.--The making of the amounts of appropriations 
        authorized under sections 8(h) and 9(d)(1) shall constitute a 
        complete defense to any claim pending in any court of the 
        United States on the date on which the appropriations are made.
    (c) Retention of Rights.--
            (1) In general.--The Tribe shall retain all rights not 
        specifically waived or released in the Agreement or this Act.
            (2) Dworshak project.--Nothing in the Agreement or this Act 
        constitutes a waiver by the Tribe of any claim against the 
        United States resulting from the construction and operation of 
        the Dworshak Project (Project PWI 05090), other than those 
        specified in subparagraphs (A) and (B) of subsection (b)(1).
            (3) Future acquisition of water rights.--Nothing in the 
        Agreement or this Act precludes the Tribe or allottees, or the 
        United States as trustee for the Tribe or allottees, from 
        purchasing or otherwise acquiring water rights in the future to 
        the same extent as any other entity in the State.

SEC. 11. MISCELLANEOUS.

    (a) General Disclaimer.--The parties expressly reserve all rights 
not specifically granted, recognized, or relinquished by the settlement 
described in the Agreement or this Act.
    (b) Disclaimer Regarding Other Agreements and Precedent.--
            (1) In general.--Subject to section 9(b)(3), nothing in 
        this Act amends, supersedes, or preempts any State law, Federal 
        law, Tribal law, or interstate compact that pertains to the 
        Snake River Basin.
            (2) No establishment of standard.--Nothing in this Act--
                    (A) establishes any standard for the quantification 
                of Federal reserved water rights or any other Indian 
                water claims of any other Indian tribes in any other 
                judicial or administrative proceeding; or
                    (B) limits the rights of the parties to litigate 
                any issue not resolved by the Agreement or this Act.
            (3) No admission against interest.--Nothing in this Act 
        constitutes an admission against interest against any party in 
        any legal proceeding.
    (c) Treaty Rights.--Nothing in the Agreement or this Act impairs 
the treaty fishing, hunting, pasturing, or gathering rights of the 
Tribe except to the extent expressly provided in the Agreement or this 
Act.
    (d) Other Claims.--Nothing in the Agreement or this Act quantifies 
or otherwise affects the water rights, claims, or entitlements to 
water, or any other treaty right, of any Indian tribe, band, or 
community other than the Tribe.
    (e) Recreation on Dworshak Reservoir.--
            (1) In general.--In implementing the provisions of the 
        Agreement and this Act relating to the use of water stored in 
        Dworshak Reservoir for flow augmentation purposes, the heads of 
        the Federal agencies involved in the operational Memorandum of 
        Agreement referred to in the Agreement shall implement a flow 
        augmentation plan beneficial to fish and consistent with the 
        Agreement.
            (2) Contents of plan.--The flow augmentation plan may 
        include provisions beneficial to recreational uses of the 
        reservoir through maintenance of the full level of the 
        reservoir for prolonged periods during the summer months.
    (f) Jurisdiction.--
            (1) No effect on subject matter jurisdiction.--Nothing in 
        the Agreement or this Act restricts, enlarges, or otherwise 
        determines the subject matter jurisdiction of any Federal, 
        State, or Tribal court.
            (2) Consent to jurisdiction.--The United States consents to 
        jurisdiction in a proper forum for purposes of enforcing the 
        provisions of the Agreement.
            (3) Effect of subsection.--Nothing in this subsection 
        confers jurisdiction on any State court to--
                    (A) enforce Federal environmental laws regarding 
                the duties of the United States; or
                    (B) conduct judicial review of Federal agency 
                action.
                                                       Calendar No. 777

108th CONGRESS

  2d Session

                                S. 2605

                          [Report No. 108-389]

_______________________________________________________________________

                                 A BILL

To direct the Secretary of the Interior and the heads of other Federal 
 agencies to carry out an agreement resolving major issues relating to 
 the adjudication of water rights in the Snake River Basin, Idaho, and 
                          for other purposes.

_______________________________________________________________________

                            October 7, 2004

                       Reported with an amendment