Agreement (as defined in section 1.5.1 of the 
Restoration Agreement); 
(F) as trustee for the federally recognized 
tribes of the Klamath Basin to use and protect 
water rights, including water rights acquired 
after the effective date of the Restoration 
Agreement (as defined in section 1.5.1 of the 
Restoration Agreement), subject to the Restora-
tion Agreement; or 
(G) as trustee for the federally recognized 
tribes of the Klamath Basin to claim water 
rights or continue to advocate for existing 
claims for water rights in appropriate Federal 
and State courts or administrative proceedings 
with jurisdiction over the claims, subject to the 
Restoration Agreement; 
(2) affects the treaty fishing, hunting, trapping, 
pasturing, or gathering rights of any Indian tribe ex-
cept to the extent expressly provided in this title or 
the Restoration Agreement; or 
(3) affects any rights, remedies, privileges, im-
munities, and powers, and claims not specifically re-
linquished and released under, or limited by, this 
title or the Restoration Agreement. 
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(i) PUBLICATION OF NOTICE; EFFECT OF PUBLICA-
TION.— 
(1) PUBLICATION.—The Secretary shall publish 
the notice required by section 15.3.4.A or section 
15.3.4.C of the Restoration Agreement in accord-
ance with the Restoration Agreement. 
(2) EFFECT.—On publication of the notice de-
scribed in paragraph (1), the Party Tribes, the 
United States as trustee for the federally recognized 
tribes of the Klamath Basin, and other Parties shall 
have the rights and obligations provided in the Res-
toration Agreement. 
(j) FISHERIES PROGRAMS.—Consistent with section 
102(a), the Secretaries shall give priority to qualified 
Party Tribes in awarding grants, contracts, or other 
agreements, consistent with section 102, for purposes of 
implementing the fisheries programs described in part III 
of the Restoration Agreement. 
(k) TRIBES
OUTSIDE
KLAMATH
BASIN
UNAF-
FECTED.—Nothing in this Act or the Restoration Agree-
ment affects the rights of any Indian tribe outside the 
Klamath Basin. 
(l) NONPARTY TRIBES OF THE KLAMATH BASIN UN-
AFFECTED.—Nothing in this Act or the Restoration 
Agreement amends, alters, or limits the authority of the 
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federally recognized tribes of the Klamath Basin, other 
than the Party Tribes, to exercise any water rights the 
tribes hold or may be determined to hold. 
SEC. 107. JUDICIAL REVIEW. 
Judicial review of a decision of the Secretary con-
cerning rights or obligations under sections 15.3.5.C, 
15.3.6.B.iii, 15.3.7.B.iii, 15.3.8.B, and 15.3.9 of the Res-
toration Agreement shall be in accordance with the stand-
ard and scope of review under subchapter II of chapter 
5, and chapter 7, of title 5, United States Code (commonly 
known as the ‘‘Administrative Procedure Act’’). 
SEC. 108. MISCELLANEOUS. 
(a) WATER RIGHTS.— 
(1) IN GENERAL.—Except as specifically pro-
vided in this title and the Restoration Agreement, 
nothing in this title or the Restoration Agreement 
shall create or determine water rights or affect 
water rights or water right claims in existence on 
the date of enactment of this Act. 
(2) NO
STANDARD
FOR
QUANTIFICATION.— 
Nothing in this title or the Restoration Agreement 
establishes any standard for the quantification of 
Federal reserved water rights or any Indian water 
claims of any Indian tribe in any judicial or adminis-
trative proceeding. 
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(b) LIMITATIONS.— 
(1) IN GENERAL.—Nothing in this title— 
(A) confers on any person or entity who is 
not a party to the Restoration Agreement a pri-
vate right of action or claim for relief to inter-
pret or enforce this title or the Restoration 
Agreement; or 
(B) expands the jurisdiction of State 
courts to review Federal agency actions or de-
termine Federal rights. 
(2) EFFECT.—This subsection does not alter or 
curtail any right of action or claim for relief under 
other applicable law. 
(c) RELATIONSHIP TO CERTAIN OTHER FEDERAL 
LAW.— 
(1) IN GENERAL.—Nothing in this title amends, 
supersedes, modifies, or otherwise affects— 
(A) Public Law 88–567 (16 U.S.C. 695k 
et seq.); 
(B) the National Wildlife Refuge System 
Administration Act of 1966 (16 U.S.C. 668dd 
et seq.); 
(C) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
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(D) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.); or 
(E) the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.). 
(2) CONSISTENCY.—The Restoration Agree-
ment shall be considered consistent with subsections 
(a) through (c) of section 208 of the Act of July 10, 
1952 (66 Stat. 560, chapter 651; 43 U.S.C. 666). 
(d) TERMINATION OF RESTORATION AGREEMENT.— 
If the Restoration Agreement terminates— 
(1) any appropriated Federal funds provided to 
a Party by the Secretaries that are unexpended at 
the time of the termination of the Restoration 
Agreement shall be returned to the Treasury; and 
(2) any appropriated Federal funds provided to 
a Party by the Secretaries shall be treated as an off-
set against any claim for damages by the Party aris-
ing under the Restoration Agreement. 
(e) WILLING SELLERS.—Any acquisition of interests 
in land and water pursuant to this title or the Restoration 
Agreement shall be from willing sellers. 
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TITLE II—HYDROELECTRIC 
SETTLEMENT 
SEC. 201. APPROVAL AND EXECUTION OF HYDROELECTRIC 
SETTLEMENT. 
(a) IN GENERAL.—The United States approves the 
Hydroelectric Settlement, except to the extent the Hydro-
electric Settlement conflicts with this title. 
(b) IMPLEMENTATION.—The Secretary, the Sec-
retary of Commerce, and the Commission, or designees, 
shall implement, in consultation with other applicable Fed-
eral agencies— 
(1) the Hydroelectric Settlement; and 
(2) any amendment to the Hydroelectric Settle-
ment, unless 1 or more of the Secretaries deter-
mines, not later than 90 days after the date the non- 
Federal Parties agree to the amendment, that the 
amendment is inconsistent with this title. 
SEC. 202. SECRETARIAL DETERMINATION. 
(a) IN GENERAL.—The Secretary shall determine, 
consistent with section 3 of the Hydroelectric Settlement, 
whether to proceed with facilities removal and may deter-
mine to proceed with facilities removal if, as determined 
by the Secretary, facilities removal— 
(1) will advance restoration of the salmonid 
fisheries of the Klamath Basin; and 
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