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] ...


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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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