II 

108TH CONGRESS 

2D SESSION S. 2605

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 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Snake River Water 

5 Rights Act of 2004’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 
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•S 2605 IS 

1 (1) to resolve some of the largest outstanding 

2 issues with respect to the Snake River Basin Adju3 dication in Idaho in such a manner as to provide im4 portant benefits to the United States, the State of 

5 Idaho, the Nez Perce Tribe, the allottees, and citi6 zens of the State; 

7 (2) to achieve a fair, equitable, and final settle8 ment of all claims of the Nez Perce Tribe, its mem9 bers, and allottees and the United States on behalf 

10 of the Tribe, its members, and allottees to the water 

11 of the Snake River Basin within Idaho; 

12 (3) to authorize, ratify, and confirm the Agree13 ment among the parties submitted to the Snake 

14 River Basin Adjudication Court and provide all par15 ties with the benefits of the Agreement; 

16 (4) to direct— 

17 (A) the Secretary, acting through the Bu18 reau of Reclamation, the Bureau of Land Man19 agement, the Bureau of Indian Affairs, and 

20 other agencies; and 

21 (B) the heads of other Federal agencies 

22 authorized to execute and perform actions nec23 essary to carry out the Agreement; 

24 to perform all of their obligations under the Agree25 ment and this Act; and 
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1 (5) to authorize the actions and appropriations 

2 necessary for the United States to meet the obliga3 tions of the United States under the Agreement and 

4 this Act. 

5 SEC. 3. DEFINITIONS. 

6 In this Act: 

7 (1) AGREEMENT.—The term ‘‘Agreement’’ 

8 means the document titled ‘‘Mediator’s Term Sheet’’ 

9 dated April 20, 2004, and submitted on that date to 

10 the SRBA Court in SRBA Consolidated Subcase 

11 03–10022 and SRBA Consolidated Subcase 67–

12 13701, with all appendices to the document. 

13 (2) ALLOTTEE.—The term ‘‘allottee’’ means a 

14 person that holds a beneficial real property interest 

15 in an Indian allotment that is— 

16 (A) located within the Nez Perce Reserva17 tion; and 

18 (B) held in trust by the United States. 

19 (3) CONSUMPTIVE USE RESERVED WATER

20 RIGHT.—The term ‘‘consumptive use reserved water 

21 right’’ means the Federal reserved water right of 

22 50,000 acre-feet per year, as described in the Agree23 ment, to be decreed to the Tribe and the allottees, 

24 with a priority date of 1855. 
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1 (4) PARTIES.—The term ‘‘parties’’ means the 

2 United States, the State, the Tribe, and any other 

3 entity or person that submitted, or joined in the sub4 mission, of the Agreement to the SRBA Court on 

5 April 20, 2004. 

6 (5) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Interior. 

8 (6) SNAKE RIVER BASIN.—The term ‘‘Snake 

9 River Basin’’ means the geographic area in the 

10 State described in paragraph 3 of the Commence11 ment Order issued by the SRBA Court on November 

12 19, 1987. 

13 (7) SPRINGS OR FOUNTAINS WATER RIGHT.—

14 The term ‘‘springs or fountains water right’’ means 

15 the Tribe’s treaty right of access to and use of water 

16 from springs or fountains on Federal public land 

17 within the area ceded by the Tribe in the Treaty of 

18 June 9, 1863 (14 Stat. 647), as recognized under 

19 the Agreement. 

20 (8) SRBA.—The term ‘‘SRBA’’ means the 

21 Snake River Basin Adjudication litigation before the 

22 SRBA Court styled as In re Snake River Basin Ad23 judication, Case No. 39576. 

24 (9) SRBA COURT.—The term ‘‘SRBA Court’’ 

25 means the District Court of the Fifth Judicial Dis-
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1 trict of the State of Idaho, In and For the County 

2 of Twin Falls in re Snake River Basin Adjudication. 

3 (10) STATE.—The term ‘‘State’’ means the 

4 State of Idaho. 

5 (11) TRIBE.—The term ‘‘Tribe’’ means the Nez 

6 Perce Tribe. 

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

8 AGREEMENT. 

9 (a) IN GENERAL.—Except to the extent that the 

10 Agreement conflicts with the express provisions of this 

11 Act, the Agreement is approved, ratified, and confirmed. 

12 (b) EXECUTION AND PERFORMANCE.—The Secretary 

13 and the other heads of Federal agencies with obligations 

14 under the Agreement shall execute and perform all ac15 tions, consistent with this Act, that are necessary to carry 

16 out the Agreement. 

17 SEC. 5. BUREAU OF RECLAMATION WATER USE. 

18 (a) IN GENERAL.—As part of the overall implementa19 tion of the Agreement, the Secretary shall take such ac20 tions consistent with the Agreement, this Act, and water 

21 law of the State as are necessary to carry out the Snake 

22 River Flow Component of the Agreement. 

23 (b) MITIGATION FOR CHANGE OF USE OF WATER.—

24 (1) AUTHORIZATION OFAPPROPRIATIONS.—

25 There is authorized to be appropriated to the Sec-
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1 retary $2,000,000 for a 1-time payment to local gov2 ernments to mitigate for the change of use of water 

3 acquired by the Bureau of Reclamation under sec4 tion III.C.6 of the Agreement. 

5 (2) DISTRIBUTION OFFUNDS.—Funds made 

6 available under paragraph (1) shall be distributed by 

7 the Secretary to local governments in accordance 

8 with a plan provided to the Secretary by the State. 

9 (3) PAYMENTS.—Payments by the Secretary 

10 shall be made on a pro rata basis as water rights 

11 are acquired by the Bureau of Reclamation. 

12 SEC. 6. BUREAU OF LAND MANAGEMENT LAND TRANSFER. 

13 (a) TRANSFER.— 

14 (1) IN GENERAL.—The Secretary shall transfer 

15 land selected by the Tribe under paragraph (2) to 

16 the Bureau of Indian Affairs to be held in trust for 

17 the Tribe. 

18 (2) LAND SELECTION.—The land transferred 

19 shall be selected by the Tribe from a list of parcels 

20 of land managed by the Bureau of Land Manage21 ment that are available for transfer, as depicted on 

22 the map entitled ‘‘North Idaho BLM Land Eligible 

23 for Selection by the Nez Perce Tribe’’ dated May 

24 2004, on file with the Director of the Bureau of 

25 Land Management, not including any parcel des-
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1 ignated on the map as being on the Clearwater River 

2 or Lolo Creek. 

3 (3) MAXIMUM VALUE.—The land selected by 

4 the Tribe for transfer shall be limited to a maximum 

5 value in total of not more than $7,000,000, as deter6 mined by an independent appraisal of fair market 

7 value prepared in accordance with the Uniform 

8 Standards of Professional Appraisal Practice and 

9 the Uniform Appraisal Standards for Federal Land 

10 Acquisitions. 

11 (b) EXISTING RIGHTS AND USES.— 

12 (1) IN GENERAL.—On any land selected by the 

13 Tribe under subsection (a)(2), any use in existence 

14 on the date of transfer under subsection (a) under 

15 a lease or permit with the Bureau of Land Manage16 ment, including grazing, shall remain in effect until 

17 the date of expiration of the lease or permit, unless 

18 the holder of the lease or permit requests an earlier 

19 termination of the lease or permit, in which case the 

20 Secretary shall grant the request. 

21 (2) AVAILABILITY OFAMOUNTS.—Amounts 

22 that accrue to the United States under a lease or 

23 permit described in paragraph (1) from sales, bo24 nuses, royalties, and rentals relating to any land 

25 transferred to the Tribe under this section shall be 
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1 made available to the Tribe by the Secretary in the 

2 same manner as amounts received from other land 

3 held by the Secretary in trust for the Tribe. 

4 (c) DATE OF TRANSFER.—No land shall be trans5 ferred to the Tribe under this section until the waivers 

6 and releases under section 10 take effect. 

7 SEC. 7. WATER RIGHTS. 

8 (a) HOLDING IN TRUST.— 

9 (1) IN GENERAL.—The consumptive use re10 served water right shall be held in trust by the 

11 United States for the benefit of the Tribe and 

12 allottees. 

13 (2) SPRINGS OR FOUNTAINS WATER RIGHT.—

14 The springs or fountains water right of the Tribe 

15 shall be held in trust by the United States for the 

16 benefit of the Tribe. 

17 (b) WATER CODE.— 

18 (1) IN GENERAL.—The consumptive use re19 served water right shall be subject to section 7 of 

20 the Act of February 8, 1887 (25 U.S.C. 381; 24 

21 Stat. 390, chapter 119). 

22 (2) ENACTMENT OFWATER CODE.—Not later 

23 than 3 years after the date of enactment of this Act, 

24 the Tribe shall enact a water code, subject to any 

25 applicable provision of law, that— 
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1 (A) manages, regulates, and controls the 

2 consumptive use reserved water right; and 

3 (B) includes, subject to approval of the 

4 Secretary— 

5 (i) a process by which an allottee, or 

6 any successor in interest to an allottee, 

7 may request and be provided with an allo8 cation of water for irrigation use on allot9 ted land of the allottee; and 

10 (ii) a due process system for the con11 sideration and determination of any re12 quest by an allottee, or any successor in in13 terest to an allottee, for an allocation of 

14 water, including a process for appeal and 

15 adjudication of denied or disputed distribu16 tions of water and for resolution of con17 tested administrative decisions. 

18 (3) RIGHTS OFALLOTTEES.—Any provision of 

19 the water code and any amendments to the water 

20 code that affect the rights of the allottees shall be 

21 subject to the approval of the Secretary, and no such 

22 provision or amendment shall be valid until approved 

23 by the Secretary. 

24 (4) INTERIM ADMINISTRATION.—The Secretary 

25 shall administer the consumptive use reserved water 
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1 right until such date as the water code described in 

2 paragraph (2) has been enacted by the Tribe and 

3 approved by the Secretary. 

4 (c) SATISFACTION OF CLAIMS.— 

5 (1) IN GENERAL.—The water rights and other 

6 benefits granted or confirmed by the Agreement and 

7 this Act shall be in full satisfaction of all claims for 

8 water rights and injuries to water rights of the 

9 allottees. 

10 (2) SATISFACTION OF ENTITLEMENTS.—Any 

11 entitlement to water of any allottee under Federal 

12 law shall be satisfied out of the consumptive use re13 served water right. 

14 (d) ABANDONMENT, FORFEITURE, OR NONUSE.—

15 The consumptive use reserved water right and the springs 

16 or fountains water right shall not be subject to loss by 

17 abandonment, forfeiture, or nonuse. 

18 (e) LEASE OF WATER.— 

19 (1) IN GENERAL.—The Tribe, without further 

20 approval of the Secretary, may lease water to which 

21 the Tribe is entitled under the consumptive use re22 served water right through any State water bank in 

23 the same manner and subject to the same rules and

24 requirements that govern any other lessor of water 

25 to the water bank. 
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1 (2) FUNDS.—Any funds accruing to the Tribe 

2 from any lease under paragraph (1) shall be the 

3 property of the Tribe, and the United States shall 

4 have no trust obligation or other obligation to mon5 itor, administer, or account for any consideration re6 ceived by the Tribe under any such lease. 

7 SEC. 8. TRIBAL FUNDS. 

8 (a) DEFINITION OF FUND.—In this section, the term 

9 ‘‘Fund’’ means— 

10 (1) the Nez Perce Tribe Water and Fisheries 

11 Fund established under subsection (b)(1); and 

12 (2) the Nez Perce Tribe Domestic Water Sup13 ply Fund established under subsection (b)(2). 

14 (b) ESTABLISHMENT.—There are established in the 

15 Treasury of the United States— 

16 (1) a fund to be known as the ‘‘Nez Perce 

17 Tribe Water and Fisheries Fund’’, to be used to pay 

18 or reimburse costs incurred by the Tribe in acquir19 ing land and water rights, restoring or improving 

20 fish habitat, or for fish production, agricultural de21 velopment, cultural preservation, water resource de22 velopment, or fisheries-related projects; and 

23 (2) a fund to be known as the ‘‘Nez Perce Do24 mestic Water Supply Fund’’, to be used to pay the 

25 costs for design and construction of water supply 
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1 and sewer systems for tribal communities, including 

2 a water quality testing laboratory. 

3 (c) MANAGEMENT OFTHE FUNDS.—The Secretary 

4 shall manage the Funds, make investments from the 

5 Funds, and make amounts available from the Funds for 

6 distribution to the Tribe consistent with the American In7 dian Trust Fund Management Reform Act of 1994 (25 

8 U.S.C. 4001 et seq.), this Act, and the Agreement. 

9 (d) INVESTMENT OFTHE FUNDS.—The Secretary 

10 shall invest amounts in the Funds in accordance with— 

11 (1) the Act of April 1, 1880 (25 U.S.C. 161; 

12 21 Stat. 70, chapter 41); 

13 (2) the first section of the Act of June 24, 

14 1938 (25 U.S.C. 162a; 52 Stat. 1037, chapter 648); 

15 and 

16 (3) subsection (c). 

17 (e) AVAILABILITY OF AMOUNTS FROM THE

18 FUNDS.—Amounts made available under subsection (h) 

19 shall be available for expenditure or withdrawal only after 

20 the waivers and releases under section 10 take effect. 

21 (f) EXPENDITURES AND WITHDRAWAL.— 

22 (1) TRIBAL MANAGEMENT PLAN.— 

23 (A) IN GENERAL.—The Tribe may with24 draw all or part of amounts in the Funds on 

25 approval by the Secretary of a tribal manage-
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1 ment plan as described in the American Indian 

2 Trust Fund Management Reform Act of 1994 

3 (25 U.S.C. 4001 et seq.). 

4 (B) REQUIREMENTS.—In addition to the 

5 requirements under the American Indian Trust 

6 Fund Management Reform Act of 1994 (25 

7 U.S.C. 4001 et seq.), the tribal management 

8 plan shall require that the Tribe spend any 

9 amounts withdrawn from the Funds in accord10 ance with the purposes described in subsection 

11 (b). 

12 (C) ENFORCEMENT.—The Secretary may 

13 take judicial or administrative action to enforce 

14 the provisions of any tribal management plan to 

15 ensure that any amounts withdrawn from the 

16 Funds under the plan are used in accordance 

17 with this Act and the Agreement. 

18 (D) LIABILITY.—If the Tribe exercises the 

19 right to withdraw amounts from the Funds, 

20 neither the Secretary nor the Secretary of the 

21 Treasury shall retain any liability for the ex22 penditure or investment of the amounts. 

23 (2) EXPENDITURE PLAN.— 

24 (A) IN GENERAL.—The Tribe shall submit 

25 to the Secretary for approval an expenditure 
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1 plan for any portion of the amounts made avail2 able under subsection (h) that the Tribe does 

3 not withdraw under this subsection. 

4 (B) DESCRIPTION.—The expenditure plan 

5 shall describe the manner in which, and the 

6 purposes for which, amounts of the Tribe re7 maining in the Funds will be used. 

8 (C) APPROVAL.—On receipt of an expendi9 ture plan under subparagraph (A), the Sec10 retary shall approve the plan if the Secretary 

11 determines that the plan is reasonable and con12 sistent with this Act and the Agreement. 

13 (D) ANNUAL REPORT.—For each Fund, 

14 the Tribe shall submit to the Secretary an an15 nual report that describes all expenditures from 

16 the Fund during the year covered by the report. 

17 (g) NO PER CAPITA PAYMENTS.—No part of the 

18 principal of the Funds, or of the income accruing in the 

19 Funds, shall be distributed to any member of the Tribe 

20 on a per capita basis. 

21 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated— 

23 (1) $60,100,000 to the Nez Perce Tribe Water 

24 and Fisheries Fund; and 
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1 (2) $23,000,000 to the Nez Perce Tribe Do2 mestic Water Supply Fund. 

3 SEC. 9. SALMON AND CLEARWATER RIVER BASINS HABITAT 

4 FUND. 

5 (a) ESTABLISHMENT OF FUND.— 

6 (1) IN GENERAL.—There is established in the 

7 Treasury of the United States a fund to be known 

8 as the ‘‘Salmon and Clearwater River Basins Habi9 tat Fund’’ (referred to in this section as the 

10 ‘‘Fund’’), to be administered by the Secretary. 

11 (2) ACCOUNTS.—There is established within the 

12 Fund— 

13 (A) an account to be known as the ‘‘Nez 

14 Perce Tribe Salmon and Clearwater River Ba15 sins Habitat Account’’, which shall be adminis16 tered by the Secretary for use by the Tribe sub17 ject to the same provisions for management, in18 vestment, and expenditure as the funds estab19 lished by section 8; and 

20 (B) an account to be known as the ‘‘Idaho 

21 Salmon and Clearwater River Basins Habitat 

22 Account’’, which shall be administered by the

23 Secretary and provided to the State as provided 

24 in the Agreement and this Act. 

25 (b) USE OFTHE FUND.— 
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1 (1) IN GENERAL.—The Fund shall be used to 

2 supplement amounts made available under other law 

3 for habitat protection and restoration in the Salmon 

4 and Clearwater River basins, including projects and 

5 programs intended to protect and restore listed fish 

6 and their habitat in the Salmon and Clearwater ba7 sins, as specified in the Agreement and this Act. 

8 (2) NO ALLOCATION REQUIREMENT.—The use 

9 of the Fund shall not be subject to the allocation 

10 procedures under section 6(d)(1) of the Endangered 

11 Species Act of 1973 (16 U.S.C. 1535(d)(1)). 

12 (3) RELEASE OFFUNDS.—The Secretary shall 

13 release funds from the Clearwater River Basins 

14 Habitat Account in accordance with section 6(d)(2) 

15 of the Endangered Species Act (16 U.S.C. 

16 1535(d)(2)). 

17 (c) AVAILABILITY OF AMOUNTS IN THE FUND.—

18 Amounts made available under subsection (d) shall be 

19 available for expenditure or withdrawal only after the 

20 waivers and releases under section 10(a) take effect. 

21 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated— 

23 (1) $12,666,670 to the Nez Perce Tribe Salmon 

24 and Clearwater River Basins Habitat Account; and 
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1 (2) $25,333,330 to the Idaho Salmon and 

2 Clearwater River Basins Habitat Account. 

3 SEC. 10. TRIBAL WAIVER AND RELEASE OF CLAIMS. 

4 (a) WAIVER AND RELEASE OF CLAIMS IN GEN5 ERAL.— 

6 (1) CLAIMS TO WATER RIGHTS; CLAIMS FOR IN7 JURIES TO WATER RIGHTS OR TREATY RIGHTS.—Ex8 cept as otherwise provided in this Act, the United 

9 States on behalf of the Tribe and the allottees, and 

10 the Tribe, waive and release— 

11 (A) all claims to water rights within the 

12 Snake River Basin (as defined in section 3(b)); 

13 (B) all claims for injuries to such water 

14 rights; and 

15 (C) all claims for injuries to the treaty 

16 rights of the Tribe to the extent that such inju17 ries result or resulted from flow modifications 

18 or reductions in the quantity of water available 

19 that accrued at any time up to and including 

20 the effective date of the settlement, and any 

21 continuation thereafter of any such claims, 

22 against the State, any agency or political sub23 division of the State, or any person, entity, cor24 poration, municipal corporation, or quasi-mu25 nicipal corporation. 
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1 (2) CLAIMS BASED ON REDUCED WATER QUAL2 ITY OR REDUCTIONS IN WATER QUANTITY.—The 

3 United States on behalf of the Tribe and the 

4 allottees, and the Tribe, waive and release any claim, 

5 under any treaty theory, based on reduced water 

6 quality resulting directly from flow modifications or 

7 reductions in the quantity of water available in the 

8 Snake River Basin against any party to the Agree9 ment or this Act. 

10 (3) NO FUTURE ASSERTION OF CLAIMS.—No 

11 water right claim that the Tribe or the allottees have 

12 asserted or may in the future assert outside the 

13 Snake River Basin shall require water to be supplied 

14 from the Snake River Basin to satisfy the claim. 

15 (4) EFFECT OF WAIVERS AND RELEASES.—The 

16 waivers and releases by the United States and the 

17 Tribe under this subsection— 

18 (A) shall be permanent and enforceable; 

19 and 

20 (B) shall survive any subsequent termi21 nation of any component of the settlement de22 scribed in the Agreement or this Act. 

23 (5) EFFECTIVE DATE.—The waivers and re24 leases under this subsection take effect on the date 

25 on which the Secretary causes to be published in the 
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1 Federal Register a statement of findings that the ac2 tions set forth in section IV.L of the Agreement— 

3 (A) have been completed, including 

4 issuance of a judgment and decree by the 

5 SRBA court from which no further appeal may 

6 be taken; and 

7 (B) have been determined by the United 

8 States on behalf of the Tribe and the allottees, 

9 the Tribe, and the State of Idaho to be con10 sistent in all material aspects with the Agree11 ment. 

12 (b) WAIVER AND RELEASE OF CLAIMS AGAINST THE

13 UNITED STATES.— 

14 (1) IN GENERAL.—In consideration of perform15 ance by the United States of all actions required by 

16 the Agreement and this Act, including the appro17 priation of all funds authorized under sections 8(h) 

18 and 9(d)(1), the Tribe shall execute a waiver and re19 lease of the United States from— 

20 (A) all claims for water rights within the 

21 Snake River Basin, injuries to such water 

22 rights, or breach of trust claims for failure to 

23 protect, acquire, or develop such water rights 

24 that accrued at any time up to and including 
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1 the effective date determined under paragraph 

2 (2); 

3 (B) all claims for injuries to the Tribe’s 

4 treaty fishing rights, to the extent that such in5 juries result or resulted from reductions in the 

6 quantity of water available in the Snake River 

7 Basin; 

8 (C) all claims of breach of trust for failure 

9 to protect Nez Perce springs or fountains treaty 

10 rights reserved in article VIII of the Treaty of 

11 June 9, 1863 (14 Stat. 651); and 

12 (D) all claims of breach of trust arising 

13 out of the negotiation of or resulting from the 

14 adoption of the Agreement. 

15 (2) EFFECTIVE DATE.—The waiver and release 

16 contained in this subsection take effect on the date 

17 on which the funds authorized under sections 8(h) 

18 and 9(d)(1) of this Act have been appropriated as 

19 authorized by this Act. 

20 (c) RETENTION OF RIGHTS.— 

21 (1) IN GENERAL.—The Tribe shall retain all 

22 rights not specifically waived or released in the 

23 Agreement or this Act.

24 (2) DWORSHAK PROJECT.—Nothing in the 

25 Agreement or this Act constitutes a waiver by the 
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1 Tribe of any claim against the United States relat2 ing to non-water-based injuries resulting from the 

3 construction and operation of the Dworshak Project. 

4 (3) FUTURE ACQUISITION OFWATER RIGHTS.—

5 Nothing in the Agreement or this Act precludes the 

6 Tribe, or the United States as trustee for the Tribe, 

7 from purchasing or otherwise acquiring water rights 

8 in the future to the same extent as any other entity 

9 the State. 

10 SEC. 11. MISCELLANEOUS. 

11 (a) GENERAL DISCLAIMER.—The parties expressly 

12 reserve all rights not specifically granted, recognized, or 

13 relinquished by the settlement described in the Agreement 

14 or this Act. 

15 (b) DISCLAIMER REGARDING OTHER AGREEMENTS

16 AND PRECEDENT.— 

17 (1) IN GENERAL.—Except as expressly provided 

18 in this Act, nothing in this Act amends, supersedes, 

19 or preempts any State law, Federal law, Tribal law, 

20 or interstate compact that pertains to the Snake 

21 River or its tributaries. 

22 (2) NO ESTABLISHMENT OFSTANDARD.—Noth23 ing in this Act— 

24 (A) establishes any standard for the quan25 tification of Federal reserved water rights or 
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•S 2605 IS 

1 any other Indian water claims of any other In2 dian tribes in any other judicial or administra3 tive proceeding; or 

4 (B) limits the rights of the parties to liti5 gate any issue not resolved by the Agreement or 

6 this Act. 

7 (3) NO ADMISSION AGAINST INTEREST.—Noth8 ing in this Act constitutes an admission against in9 terest against any party in any legal proceeding. 

10 (c) TREATY RIGHTS.—Nothing in the Agreement or 

11 this Act impairs the treaty fishing, hunting, pasturing, or 

12 gathering rights of the Tribe except to the extent expressly 

13 provided in the Agreement or this Act. 

14 (d) OTHER CLAIMS.—Nothing in the Agreement or 

15 this Act quantifies or otherwise affects the water rights, 

16 claims, or entitlements to water, or any other treaty right, 

17 of any Indian tribe, band, or community other than the 

18 Tribe. 

19 (e) RECREATION ON DWORSHAK RESERVOIR.— 

20 (1) IN GENERAL.—In implementing the provi21 sions of the Agreement and this Act relating to the 

22 use of water stored in Dworshak Reservoir for flow 

23 augmentation purposes, the heads of the Federal 

24 agencies involved in the operational Memorandum of 

25 Agreement referred to in the Agreement shall imple-
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1 ment a flow augmentation plan beneficial to fish and 

2 consistent with the Agreement. 

3 (2) CONTENTS OFPLAN.—The flow augmenta4 tion plan may include provisions beneficial to rec5 reational uses of the reservoir through maintenance 

6 of the full level of the reservoir for prolonged periods 

7 during the summer months. 

8 (f) JURISDICTION.— 

9 (1) NO EFFECT ON SUBJECT MATTER JURIS10 DICTION.—Nothing in the Agreement or this Act re11 stricts, enlarges, or otherwise determines the subject 

12 matter jurisdiction of any Federal, State, or Tribal 

13 court. 

14 (2) CONSENT TO JURISDICTION.—The United 

15 States consents to jurisdiction in a proper forum for 

16 purposes of enforcing the provisions of the Agree17 ment. 

18 (3) EFFECT OF SUBSECTION.—Nothing in this 

19 subsection confers jurisdiction on any State court 

20 to— 

21 (A) enforce Federal environmental laws re22 garding the duties of the United States; or 

23 (B) conduct judicial review of Federal 

24 agency action.

Æ