Statement of Findings: Snake River Water Rights Act of 2004, 27325 [E7-9332]

Agencies

• Office of the Secretary
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 72, Number 93 (Tuesday, May 15, 2007)]
[Notices]
[Page 27325]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9332]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary


Statement of Findings: Snake River Water Rights Act of 2004

AGENCY: Office of the Secretary, Interior.

ACTION: Notice of Statement of Findings in accordance with Public Law 
108-447.

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SUMMARY: The Secretary of the Interior is causing this notice to be 
published as required by section 10(a)(5) of the Snake River Water 
Rights Act of 2004 (Settlement Act), Public Law 108-447, Division J, 
Title X, 118 Stat. 3431, 3438-39. The publication of this notice causes 
the waivers and releases of certain claims to become effective as 
required by the Settlement Act.

EFFECTIVE DATE: In accordance with section 10(a)(5) of the Settlement 
Act, the waivers and releases of claims described in section 10(a) of 
the Settlement Act are effective on May 15, 2007.

FOR FURTHER INFORMATION CONTACT: Address all comments and requests for 
additional information to Duane Mecham, Chair, Nez Perce Water Rights 
Settlement Federal Implementation Team, Office of the Regional 
Solicitor, Department of the Interior, 500 NE Multnomah Street, Suite 
607, Portland, OR 97232. (503) 231-6299.

SUPPLEMENTARY INFORMATION: On April 20, 2004, the United States, State 
of Idaho (State), and Nez Perce Tribe (Tribe) submitted a document 
entitled Mediator's Term Sheet (Agreement) to the Snake River Basin 
Adjudication Court (SRBA Court) in SRBA Consolidated Subcase 03-10022 
and SRBA Consolidated Subcase 67-13701.
    The Agreement established the basis to resolve all of the Tribe's 
on-reservation and fisheries water right claims in the Snake River 
basin in Idaho. It also provided innovative and collaborative solutions 
for providing additional and protected flows for Snake River salmon 
runs protected under the Endangered Species Act without disrupting 
other uses for the water. Finally, the Agreement forged an increased 
role for the Tribe in the management of its water and other natural 
resources. On December 8, 2004, the Settlement Act was enacted into law 
to implement the Agreement.
    Section 10(a)(5) of the Settlement Act required, in order to make 
effective certain waivers and releases of claims, that the Secretary 
publish in the Federal Register a statement of findings that the 
actions set forth in section IV.L of the Agreement: (A) Have been 
completed, including issuance of a judgment and decree by the SRBA 
Court from which no further appeal may be taken; and (B) have been 
determined by the United States on behalf of the Tribe and the 
allottees, the Tribe, and the State to be consistent in all material 
aspects with the Agreement. Section IV.L of the Agreement required: (1) 
Execution of all documents that comprise the settlement agreement; (2) 
Congressional approval and authorization of all Federal expenditures; 
(3) State legislative approval and enactment of all required State 
legislation; (4) Tribal approval; (5) SRBA Court entry of judgment and 
decree incorporating the agreement; and (6) issuance of biological 
opinions anticipated by the upper Snake component of the Agreement.

Statement of Findings

    As required by section 10(a)(5)(A) of the Settlement Act and as 
required by section IV.L of the Agreement, I find on behalf of the 
Secretary as follows:
    1. The parties executed all necessary component documents that make 
up the settlement agreement as required in section IV.L of the 
Agreement.
    2. As part of Public Law 108-447, Congress approved the Agreement 
and authorized all Federal expenditures required by the Agreement.
    3. Pursuant to Idaho House of Representatives Bills 152, 153, 154 
and 399, 2005 Idaho Session Laws chapters 148-150 and 400, the State's 
legislature enacted the required State legislation and approved the 
Agreement.
    4. By adoption of Resolution No. 05-210, the Nez Perce Tribal 
Executive Committee approved the Agreement for the Tribe.
    5. On January 30, 2007, the SRBA Court issued a Consent Decree and 
Final Partial Decrees, including springs and fountains partial decrees, 
negotiated agreements regarding on-reservation claims, and in-stream 
flows to the Idaho Water Resources Board, and no further appeal may be 
taken.
    6. The National Marine Fisheries Service and the U.S. Fish & 
Wildlife Service have issued the biological opinions anticipated by the 
upper Snake component of the Agreement.
    As required by section 10(a)(5)(B) of the Settlement Act, I find on 
behalf of the Secretary as follows:
    a. The United States on behalf of the Tribe and the allottees has 
determined that all actions required in section IV.L of the Agreement 
have been completed consistent in all material aspects with the 
Agreement.
    b. The Governor of Idaho, by Proclamation signed pursuant to Idaho 
House of Representatives Bill 152, Section 4, in 2005 Idaho Session 
Laws, Chapter 148, has certified and determined that all actions 
required in section IV.L of the Agreement have been completed 
consistent in all material aspects with the Agreement.
    c. The Chairman and Secretary of the Nez Perce Tribal Executive 
Committee, pursuant to the Nez Perce Tribal Executive Committee 
Resolution No. 05-210, has provided written certification to the Nez 
Perce Tribal Executive Committee and has determined that all actions 
required in section IV.L of the Agreement have been completed 
consistent in all material aspects with the Agreement.

    Dated: April 29, 2007.
Carl J. Artman,
Assistant Secretary of Indian Affairs.
[FR Doc. E7-9332 Filed 5-14-07; 8:45 am]
BILLING CODE 4310-W7-P