Page:United States Statutes at Large Volume 118.djvu/3463

 118 STAT. 3433 PUBLIC LAW 108–447—DEC. 8, 2004 (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

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