; (B) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); and (C) all other applicable environmental laws (including regulations). (2) Effect of execution (A) In general The execution of the Compact 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.). (B) Compliance The Secretary and the Tribes shall carry out all Federal compliance activities necessary to implement the Compact and this Act. (d) Public availability As provided in articles IV.I.b (relating to hearings), IV.I.c (relating to the employment of a water engineer), and IV.I.7.e (relating to Board records) of the Compact, and in recognition of section 9 of article II of the Montana State Constitution, all records of the Flathead Reservation Water Management Board and the Water Engineer employed by the Board shall be open to public inspection. 5. Tribal Water Right (a) Intent of Congress It is the intent of Congress to provide to each allottee benefits that are equivalent to, or that exceed, the benefits possessed by the allottees on the day before the date of enactment of this Act, taking into consideration— (1) the potential risks, cost, and time delay associated with litigation that would be resolved by the Compact and this Act; (2) the availability of funding under this Act and from other sources; (3) the availability of water from the Tribal Water Right; and (4) the applicability of section 7 of the Act of February 8, 1887 ( 25 U.S.C. 381 ), and this Act to protect the interests of allottees. (b) Confirmation of Tribal Water Right (1) In general The Tribal Water Right is ratified, confirmed, and declared to be valid. (2) Use Any use of the Tribal Water Right shall be subject to the terms and conditions of— (A) the Compact