(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 sub-
mission, 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 Commence-
ment 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 Ad-
judication, Case No. 39576. 
(9) SRBA COURT.—The term ‘‘SRBA Court’’ 
means the District Court of the Fifth Judicial Dis-
trict 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 the express provisions of 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 ac-
tions, 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 implementa-
tion of the Agreement, the Secretary shall take such ac-
tions 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 Sec-
retary $2,000,000 for a 1-time payment to local gov-
ernments to mitigate for the change of use of water 
acquired by the Bureau of Reclamation under sec-
tion 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 Manage-
ment 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 des-
ignated 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 deter-
mined 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 Manage-
ment, 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, bo-
nuses, royalties, and rentals relating to any land 
transferred to the Tribe under this section shall be