(1) it is the policy of the United States, in ac-
cordance with the trust responsibility of the United 
States to Indian tribes, to promote Indian self-deter-
mination and economic self-sufficiency and to settle 
Indian water rights claims without lengthy and cost-
ly litigation, if practicable; 
(2) quantifying rights to water and development 
of facilities needed to use tribal water supplies is es-
sential to the development of viable Indian reserva-
tion economies and the establishment of a perma-
nent reservation homeland; 
(3) uncertainty concerning the extent of the 
Shoshone-Paiute Tribes’ water rights has resulted in 
limited access to water and inadequate financial re-
sources necessary to achieve self-determination and 
self-sufficiency; 
(4) in 2006, the Tribes, the State of Idaho, the 
affected individual water users, and the United 
States resolved all tribal claims to water rights in 
the Snake River Basin Adjudication through a con-
sent decree entered by the District Court of the 
Fifth Judicial District of the State of Idaho, requir-
ing no further Federal action to quantify the Tribes’ 
water rights in the State of Idaho; 
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(5) as of the date of enactment of this Act, pro-
ceedings to determine the extent and nature of the 
water rights of the Tribes in the East Fork of the 
Owyhee River in Nevada are pending before the Ne-
vada State Engineer; 
(6) final resolution of the Tribes’ water claims 
in the East Fork of the Owyhee River adjudication 
will— 
(A) take many years; 
(B) entail great expense; 
(C) continue to limit the access of the 
Tribes to water, with economic and social con-
sequences; 
(D) prolong uncertainty relating to the 
availability of water supplies; and 
(E) seriously impair long-term economic 
planning and development for all parties to the 
litigation; 
(7) after many years of negotiation, the Tribes, 
the State, and the upstream water users have en-
tered into a settlement agreement to resolve perma-
nently all water rights of the Tribes in the State; 
and 
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(8) the Tribes also seek to resolve certain 
water-related claims for damages against the United 
States. 
SEC. 3. PURPOSES. 
The purposes of this Act are— 
(1) to resolve outstanding issues with respect to 
the East Fork of the Owyhee River in the State in 
such a manner as to provide important benefits to— 
(A) the United States; 
(B) the State; 
(C) the Tribes; and 
(D) the upstream water users; 
(2) to achieve a fair, equitable, and final settle-
ment of all claims of the Tribes, members of the 
Tribes, and the United States on behalf of the 
Tribes and members of Tribes to the waters of the 
East Fork of the Owyhee River in the State; 
(3) to ratify and provide for the enforcement of 
the Agreement among the parties to the litigation; 
(4) to resolve the Tribes’ water-related claims 
for damages against the United States; 
(5) to require the Secretary to perform all obli-
gations of the Secretary under the Agreement and 
this Act; and 
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(6) to authorize the actions and appropriations 
necessary to meet the obligations of the United 
States under the Agreement and this Act. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) 
AGREEMENT.—The 
term 
‘‘Agreement’’ 
means the agreement entitled the ‘‘Agreement to Es-
tablish the Relative Water Rights of the Shoshone- 
Paiute Tribes of the Duck Valley Reservation and 
the Upstream Water Users, East Fork Owyhee 
River’’ and signed in counterpart between, on, or 
about September 22, 2006, and January 15, 2007 
(including all attachments to that Agreement). 
(2) DEVELOPMENT FUND.—The term ‘‘Devel-
opment Fund’’ means the Shoshone-Paiute Tribes 
Water Rights Development Fund established by sec-
tion 8(b)(1). 
(3) EAST FORK OF THE OWYHEE RIVER.—The 
term ‘‘East Fork of the Owyhee River’’ means the 
portion of the east fork of the Owyhee River that is 
located in the State. 
(4) MAINTENANCE FUND.—The term ‘‘Mainte-
nance Fund’’ means the Shoshone-Paiute Tribes Op-
eration and Maintenance Fund established by sec-
tion 8(c)(1). 
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(5) RESERVATION.—The term ‘‘Reservation’’ 
means the Duck Valley Reservation established by 
the Executive order dated April 16, 1877, as ad-
justed pursuant to the Executive order dated May 4, 
1886, and Executive order numbered 1222 and 
dated July 1, 1910, for use and occupation by the 
Western Shoshones and the Paddy Cap Band of Pai-
utes. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(7) STATE.—The term ‘‘State’’ means the State 
of Nevada. 
(8) TRIBAL WATER RIGHTS.—The term ‘‘tribal 
water rights’’ means rights of the Tribes described 
in the Agreement relating to water, including 
groundwater, storage water, and surface water. 
(9) TRIBES.—The term ‘‘Tribes’’ means the 
Shoshone-Paiute Tribes of the Duck Valley Reserva-
tion. 
(10) UPSTREAM WATER USER.—The term ‘‘up-
stream water user’’ means a non-Federal water user 
that— 
(A) is located upstream from the Reserva-
tion on the East Fork of the Owyhee River; and 
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(B) is a signatory to the Agreement as a 
party to the East Fork of the Owyhee River ad-
judication. 
SEC. 5. APPROVAL, RATIFICATION, AND CONFIRMATION OF 
AGREEMENT; AUTHORIZATION. 
(a) IN GENERAL.—Except as provided in subsection 
(c) and except to the extent that the Agreement otherwise 
conflicts with provisions of this Act, the Agreement is ap-
proved, ratified, and confirmed. 
(b) SECRETARIAL AUTHORIZATION.—The Secretary 
is authorized and directed to execute the Agreement as 
approved by Congress. 
(c) EXCEPTION FOR TRIBAL WATER MARKETING.— 
Notwithstanding any language in the Agreement to the 
contrary, nothing in this Act authorizes the Tribes to use 
or authorize others to use tribal water rights off the Res-
ervation, other than use for storage at Wild Horse Res-
ervoir or use on tribal land off the Reservation. 
(d) ENVIRONMENTAL COMPLIANCE.—Execution of 
the Agreement by the Secretary under this section shall 
not constitute major Federal action under the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.). The 
Secretary shall carry out all environmental compliance re-
quired by Federal law in implementing the Agreement. 
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