| Home > 106th Congressional Bills > H.R. 4982 (ih) To prohibit the unauthorized destruction, modification, or alteration of product batch codes to protect consumer health and safety and assist with law enforcement efforts, and for other purposes. [Introduced in House] ...
H.R. 4982 (ih) To prohibit the unauthorized destruction, modification, or alteration of product batch codes to protect consumer health and safety and assist with law enforcement efforts, and for other purposes. [Introduced in House] ...
108th CONGRESS 2d Session H. R. 4981 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 HOUSE OF REPRESENTATIVES July 22, 2004 Mr. Otter (for himself and Mr. Simpson) introduced the following bill; which was referred to the Committee on Resources _______________________________________________________________________ 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. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Snake River Water Rights Act of 2004''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to resolve some of the largest outstanding issues with respect to the Snake River Basin Adjudication in Idaho in such a manner as to provide important benefits to the United States, the State of Idaho, the Nez Perce Tribe, the allottees, and citizens of the State; (2) to achieve a fair, equitable, and final settlement of all claims of the Nez Perce Tribe, its members, and allottees and the United States on behalf of the Tribe, its members, and allottees to the water of the Snake River Basin within Idaho; (3) to authorize, ratify, and confirm the Agreement among the parties submitted to the Snake River Basin Adjudication Court and provide all parties with the benefits of the Agreement; (4) to direct-- (A) the Secretary, acting through the Bureau of Reclamation, the Bureau of Land Management, the Bureau of Indian Affairs, and other agencies; and (B) the heads of other Federal agencies authorized to execute and perform actions necessary to carry out the Agreement; to perform all of their obligations under the Agreement and this Act; and (5) to authorize the actions and appropriations necessary for the United States to meet the obligations of the United States under the Agreement and this Act. SEC. 3. DEFINITIONS. In this Act: (1) Agreement.--The term ``Agreement'' means the document titled ``Mediator's Term Sheet'' dated April 20, 2004, and submitted on that date to the SRBA Court in SRBA Consolidated Subcase 03-10022 and SRBA Consolidated Subcase 67-13701, with all appendices to the document. (2) Allottee.--The term ``allottee'' means a person that holds a beneficial real property interest in an Indian allotment that is-- (A) located within the Nez Perce Reservation; and (B) held in trust by the United States. (3) Consumptive use reserved water right.--The term ``consumptive use reserved water right'' means the Federal reserved water right of 50,000 acre-feet per year, as described in the Agreement, to be decreed to the Tribe and the allottees, with a priority date of 1855. (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 submission, 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 Commencement 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 Adjudication, Case No. 39576. (9) SRBA court.--The term ``SRBA Court'' means the District 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 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 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 authorized 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 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 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 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 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 paragraph (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 Secretary in trust for the Tribe. (c) Date of Transfer.--No land shall be transferred to the Tribe under this section until the waivers and releases take effect. SEC. 7. WATER RIGHTS. (a) Holding in Trust.-- (1) In general.--The consumptive use reserved water right shall be held in trust by the United States for the benefit of the Tribe and allottees. (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. (b) Water Code.-- (1) In general.--The consumptive use reserved water right shall be subject to section 7 of the Act of February 8, 1887 (25 U.S.C. 381; 24 Stat. 390, chapter 119). (2) 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; and (B) includes, subject to approval of the Secretary-- (i) a process by which an allottee, or any successor in interest to an allottee, may request and be provided with an allocation of water for irrigation use on allotted land of the allottee; and (ii) a due process system for the consideration and determination of any request by an allottee, or any successor in interest to an allottee, for an allocation of water, including a process for appeal and adjudication of denied or disputed distributions of water and for resolution of contested administrative decisions. (3) Rights of allottees.--Any provision of the water code and any amendments to the water code that affect the rights of the allottees shall be subject to the approval of the Secretary, and no such provision or amendment shall be valid until approved by the Secretary. (4) Interim administration.--The Secretary shall administer the consumptive use reserved water right until such date as the water code described in paragraph (2) has been enacted by the Tribe and approved by the Secretary. (c) Satisfaction of Claims.-- (1) In general.--The water rights and other benefits granted or confirmed by the Agreement and this Act shall be in full satisfaction of all claims for water rights and injuries to water rights of the allottees. (2) Satisfaction of entitlements.--Any entitlement to water of any allottee under Federal law shall be satisfied out of the consumptive use reserved water right. (d) Abandonment, Forfeiture, or Nonuse.--The consumptive use reserved water right and the springs or fountains water right shall not be subject to loss by abandonment, forfeiture, or nonuse. (e) Lease of Water.-- (1) In general.--The Tribe, without further approval of the Secretary, may lease water to which the Tribe is entitled under the consumptive use reserved water right through any State water bank in the same manner and subject to the same rules and requirements that govern any other lessor of water to the water bank. (2) Funds.--Any funds accruing to the Tribe from any lease under paragraph (1) shall be the property of the Tribe, and the United States shall have no trust obligation or other obligation to monitor, administer, or account for any consideration received by the Tribe under any such lease. SEC. 8. TRIBAL FUNDS. (a) Definition of Fund.--In this section, the term ``Fund'' means-- (1) the Nez Perce Tribe Water and Fisheries Fund established under subsection (b)(1); and (2) the Nez Perce Tribe Domestic Water Supply Fund established under subsection (b)(2). (b) Establishment.--There are established in the Treasury of the United States-- (1) a fund to be known as the ``Nez Perce Tribe Water and Fisheries Fund'', to be used to pay or reimburse costs incurred by the Tribe in acquiring land and water rights, restoring or improving fish habitat, or for fish production, agricultural development, cultural preservation, water resource development, or fisheries-related projects; and (2) a fund to be known as the ``Nez Perce Domestic Water Supply Fund'', to be used to pay the costs for design and construction of water supply and sewer systems for tribal communities, including a water quality testing laboratory. (c) Management of the Funds.--The Secretary shall manage the Funds, make investments from the Funds, and make amounts available from the Funds for distribution to the Tribe consistent with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), this Act, and the Agreement. (d) Investment of the Funds.--The Secretary shall invest amounts in the Funds in accordance with-- (1) the Act of April 1, 1880 (25 U.S.C. 161; 21 Stat. 70, chapter 41); (2) the first section of the Act of June 24, 1938 (25 U.S.C. 162a; 52 Stat. 1037, chapter 648); and (3) subsection (c). (e) Availability of Amounts From the Funds.--Amounts made available under subsection (h) shall be available for expenditure or withdrawal only after the waivers and releases under section 10 take effect. (f) Expenditures and Withdrawal.-- (1) Tribal management plan.-- (A) In general.--The Tribe may withdraw all or part of amounts in the Funds on approval by the Secretary of a tribal management plan as described in the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.). (B) Requirements.--In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal management plan shall require that the Tribe spend any amounts withdrawn from the Funds in accordance with the purposes described in subsection (b). (C) Enforcement.--The Secretary may take judicial
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