Sec. 3. Authorization, execution, and implementation of settlements

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Except as modified by this Act, and to the extent that the Settlements do not conflict with this Act, the Settlements are authorized, ratified, and confirmed. If any amendment is executed to make any of the Settlements consistent with this Act, the amendment is also authorized, ratified, and confirmed to the extent the amendment is consistent with this Act. If any amendment to any of the Settlements is executed by the parties to the applicable Settlement after the date of enactment of this Act, unless the Secretary, the Secretary of Commerce, or Secretary of Agriculture determines, not later than 90 days after the date on which the non-Federal parties agree to the amendment, that the amendment is inconsistent with this Act or other provisions of law, the amendment is also authorized, ratified, and confirmed to the extent the amendment— is not inconsistent with this Act or other provisions of law; is executed in a manner consistent with the terms of the applicable Settlement; and does not require congressional approval pursuant to section 2116 of the Revised Statutes ( 25 U.S.C. 177 ) or other applicable Federal law.

As authorized, ratified, and confirmed pursuant to subsection (a)— the Secretary, the Secretary of Commerce, and the Secretary of Agriculture shall promptly execute and implement the Restoration Agreement; and the Secretary and the Secretary of Commerce shall promptly execute and implement the Upper Basin Agreement. Notwithstanding subsection (l), execution by the applicable Secretaries under subparagraph

(A)of either Agreement shall not be considered a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). As provided for in the Upper Basin Agreement and as part of implementing the Upper Basin Agreement, the Secretary and the Secretary of Commerce may— participate in the Water Use Program and in the Riparian Program; and serve as members of the Joint Management Entity representing the Bureau of Indian Affairs, the United States Fish and Wildlife Service, the United States Geological Survey, and the National Marine Fisheries Service of the Department of Commerce, with the Secretary serving as the voting member, as described in section 7.1.5 of the Upper Basin Agreement. To the extent that the Hydroelectric Settlement does not conflict with this Act, the Secretary, the Secretary of Commerce, and the Commission shall implement the Hydroelectric Settlement, in consultation with other applicable Federal agencies. To the extent consistent with the Settlements, this Act, and other provisions of law, the Secretary, the Secretary of Commerce, the Secretary of Agriculture, and the Commission shall perform all actions necessary to carry out each responsibility of the Secretary, the Secretary of Commerce, the Secretary of Agriculture, and the Commission, respectively, under the Settlements. In implementing the Settlements, the Secretaries and the Commission shall comply with— the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and all other applicable law. The Secretary shall publish the notice required by section 15.3.4.A or section 15.3.4.C of the Restoration Agreement, as applicable, in accordance with the Restoration Agreement. Publication of the notice described in subparagraph

(A)shall have the effects on the commitments, rights, and obligations of the Party tribes, the United States (as trustee for the federally recognized tribes of the Klamath Basin), and other parties to the Restoration Agreement as the rights and obligations that are provided for in the Restoration Agreement. The Secretary shall publish the notice required by section 10.1 of the Upper Basin Agreement if all requirements of section 10 of the Upper Basin Agreement have been fulfilled, including the requirement for notice by the Klamath Tribes of the willingness of the Tribes to proceed with the Upper Basin Agreement following enactment of authorizing legislation as described in section 10.1.10 or 10.2 of the Upper Basin Agreement, as applicable, in accordance with the Upper Basin Agreement. On publication of the notice required under section 10.1 of the Upper Basin Agreement, the Upper Basin Agreement shall become permanent. On publication of the notice required under section 10.2 of the Upper Basin Agreement, the Upper Basin Agreement shall terminate, according to the terms of that section. Judicial review of a decision of the Secretary pursuant to this subsection shall be in accordance with the standard and scope of review under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ). Any petition for review under this subparagraph shall be filed not later than 1 year after the date of publication of the notice required under this paragraph. Notwithstanding any other provision of law, nothing in this Act or the implementation of the Settlements, other than as explicitly provided for in this Act or the Settlements— restricts or alters the eligibility of any party to any of the Settlements, or of any Indian tribe, for the receipt of funds; or shall be considered an offset against any obligations or funds in existence on the date of enactment of this Act, under any Federal or State law. Nothing in this Act or the Settlements— affects the rights of any Indian tribe outside the Klamath Basin; or amends, alters, or limits the authority of the Indian tribes of the Klamath Basin to exercise any water rights the Indian tribes hold or may be determined to hold except as expressly provided in the Agreements. Except as specifically provided in this Act and the Settlements, nothing in this Act or the Settlements creates or determines water rights or affects water rights or water right claims in existence on the date of enactment of this Act. Nothing in this Act or the Settlements establishes any standard for the quantification of Federal reserved water rights or any water claims of any Indian tribe in any judicial or administrative proceeding. Any acquisition of interests in land or water pursuant to either Agreement shall be from willing sellers. Nothing in this Act confers on any person or entity not a party to the Settlements a private right of action or claim for relief to interpret or enforce this Act or the Settlements. This subsection does not alter or curtail any right of action or claim for relief under any other applicable law. Nothing in this Act expands the jurisdiction of State courts to review Federal agency actions or determine Federal rights. Nothing in this Act amends, supersedes, modifies, or otherwise affects— Public Law 88–567 ( 16 U.S.C. 695k et seq. ), except as provided in section 4(c); the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq. ); the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), except to the extent section 8(b)(4) of this Act requires a permit under section 404 of that Act ( 33 U.S.C. 1344 ), notwithstanding section 404(r) of that Act ( 33 U.S.C. 1344(r) ); the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); the Treaty between the United States and the Klamath and Moadoc Tribes and the Yahooskin Band of Snake Indians dated October 14, 1864 (16 Stat. 707); or the Klamath Indian Tribe Restoration Act ( 25 U.S.C. 566 et seq. ). The Agreements shall be considered consistent with subsections

(a)through

(c)of section 208 of the Department of Justice Appropriation Act, 1953 ( 43 U.S.C. 666 ). The actions of the Joint Management Entity and the Joint Management Entity Technical Team shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). Except as provided in subsections

(a)through

(c)of section 208 of the Department of Justice Appropriations Act, 1953 ( 43 U.S.C. 666 ), nothing in this Act or the implementation of the Settlements waives the sovereign immunity of the United States. Nothing in this Act waives or abrogates the sovereign immunity of the Party tribes.

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