Page:United States Statutes at Large Volume 123.djvu/1427

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123STA T . 1 407PUBLIC LA W 111 – 11 —M A R .30 , 200 9(6)toau t h o rize the a c tio ns an d a p propriations necessar y to m eet the o bl i g ations o f the U nited S tates under the A gree - ment and this subtitle .SEC.108 0 3 . D E FIN I T I O NS. I n this subtitle

( 1 )A GRE E M E NT . —T he term ‘ ‘Agreement ’ ’ means the agree- ment entitled the ‘‘Agreement to E stablish the R elati v e W ater Rights of the Shoshone- P aiute Tribes of the D uc kV alley Res- ervation and the Upstream Water Users , East F ork Ow yhee River’’ and signed in counterpart between, on, or about Sep- tember 2 2,2 0 06, and J anuary 1 5 , 200 7 (including all attach- ments to that Agreement). (2) DE V E LOP MENT FU N D .—The term ‘‘Development Fund’’ means the Shoshone-Paiute Tribes Water Rights Development Fund established by section 10 8 07(b)(1). ( 3 )E AS T FOR K OFT H EO WY HEE R I VER.—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 ) M AINTENAN C E FUND.—The term ‘‘Maintenance Fund’’ means the Shoshone-Paiute Tribes Operation and Maintenance Fund established by section 10807(c)(1). (5) RESERVATION.—The term ‘‘Reservation’’ means the Duck Valley Reservation established by the E x ecutive order dated April 16, 1877, as ad j usted pursuant to the Executive order dated May 4, 1886, and Executive order numbered 1222 and dated July 1, 1 9 10, for use and occupation by the Western Shoshones and the Paddy C ap B and of Paiutes. (6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. (7) STATE.—The term ‘‘State’’ means the State of N evada. (8) TRI B AL 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 Reservation. (10) UPSTREAM WATER USER.—The term ‘‘upstream water user’’ means a non-Federal water user that— (A) is located upstream from the Reservation on the East Fork of the Owyhee River

and (B) is a signatory to the Agreement as a party to the East Fork of the Owyhee River adjudication. SEC. 1080 4 . AP P R O V A L, RATIFICATION, AND CONFIR M ATION OF A G REEMENT

A U T H ORI Z ATION. (a) IN G ENERAL.—Except as provided in subsection (c) and except to the extent that the Agreement otherwise conflicts with provisions of this subtitle, the Agreement is approved, ratified, and confirmed. (b) SECRETARIAL AUTHORI Z ATION.—The Secretary is authorized and directed to execute the Agreement as approved by Congress. (c) E X CEPTION FOR TRIBAL WATER MARKETING.—Notwith- standing any language in the Agreement to the contrary, nothing in this subtitle authorizes the Tribes to use or authorize others to use tribal water rights off the Reservation, other than use for storage at Wild H orse Reservoir for use on tribal land and for