H. R. 4818—625
(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 Dis-
trict 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 AGREE-
MENT.
(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 Agree-
ment 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 author-
ized 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 Sec-
retary 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
H. R. 4818—626
the Uniform Appraisal Standards for Federal Land Acquisi-
tions.
(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 para-
graph (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 Sec-
retary 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 govern-
ments to mitigate for the transfer of land by the Bureau of
Land Management to the Tribe under section I.F of the Agree-
ment.
(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 irriga-
tion, domestic, commercial, municipal, industrial, cultural,
or other uses; and
(B) includes, subject to approval of the Secretary—