Ratification of 2007 Agreement

(a) Ratification (1) In general Except as modified by this Act and to the extent that the 2007 Agreement does not conflict with this Act, the 2007 Agreement is authorized, ratified, and confirmed. (2) Amendments (A) General amendments If an amendment to the 2007 Agreement, or to any exhibit attached to the 2007 Agreement requiring the signature of the Secretary, is executed in accordance with this Act to make the 2007 Agreement consistent with this Act, the amendment is authorized, ratified, and confirmed. (B) Specific amendments (i) Substitute sites If a substitute site for the Phase I Reservoir is identified by the Tribe pursuant to section 3.4.B.(2)(a) of the 2007 Agreement, then amendments related to the Operation Rules are authorized, ratified, and confirmed, to the extent that such Amendments are consistent with the 2007 Agreement and this Act. (ii) Priority date Amendments agreed to by the Parties to establish that the priority date for the Tribal Water Right is no later than January 9, 1873, is authorized, ratified, and confirmed. (iii) Senior water rights Amendments agreed to by the Parties to accommodate senior water rights of those Downstream Water Users described in section 3(a)(4)(C) are authorized, ratified, and confirmed, to the extent that the Court finds any such Downstream Water Users possess senior water rights that can be accommodated only by amendment of the 2007 Agreement. (iv) Other amendments Other amendments agreed to by the Parties to facilitate implementation and approval of the 2007 Agreement are authorized, ratified, and confirmed, to the extent that such amendments are otherwise consistent with this Act and with other applicable law. (b) Execution (1) In general To the extent the 2007 Agreement does not conflict with this Act, the Secretary shall execute the 2007 Agreement, in accordance with paragraph (2), including all exhibits to, or parts of, the 2007 Agreement requiring the signature of the Secretary. (2) Timing The Secretary shall not execute the 2007 Agreement until— (A) the Parties agree on amendments related to the priority date for the Tribal Water Right; and (B) either— (i) the Tribe moves forward with the Phase I Reservoir described in section 3.4.B.(1) of the 2007 Agreement; or (ii) if the Tribe selects a substitute site pursuant to section 3.4.B.(2) of the 2007 Agreement, either— (I) the Parties agree on Operation Rules; or (II) the Secretary determines, in the discretion of the Secretary, that the Parties have reached an impasse in attempting to negotiate the Operation Rules. (3) Modifications Nothing in this Act prohibits the Secretary, after execution of the 2007 Agreement, from approving any modification to the 2007 Agreement, including any exhibit to the 2007 Agreement, that is consistent with this Act, to the extent that the modification does not otherwise require congressional approval under section 2116 of the Revised Statutes (25 U.S.C. 177) or any other applicable provision of Federal law. (c) Environmental compliance (1) In general In implementing the 2007 Agreement and this Act, the Secretary shall comply with all applicable provisions of— (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (B) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the implementing regulations of that Act; and (C) other applicable Federal environmental laws and regulations. (2) Compliance (A) In general In implementing the 2007 Agreement and this Act, the Tribe shall prepare any necessary environmental documents, consistent with all applicable provisions of— (i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (ii) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the implementing regulations of that Act; and (iii) all other applicable Federal environmental laws and regulations. (B) Authorizations The Secretary shall— (i) independently evaluate the documentation submitted under subparagraph (A); and (ii) be responsible for the accuracy, scope, and contents of that documentation. (3) Effect of execution The execution of the 2007 Agreement by the Secretary under this section shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (4) Costs Any costs associated with the performance of the compliance activities under this subsection shall be paid from funds deposited in the Trust Fund, subject to the condition that any costs associated with the performance of Federal approval or other review of such compliance work or costs associated with inherently Federal functions shall remain the responsibility of the Secretary.