Page:United States Statutes at Large Volume 104 Part 4.djvu/746

 104 STAT. 3062 PUBLIC LAW 101-602—NOV. 16, 1990 into the Tribal Development Fund, the Secretary shall disburse the funds to the Tribes upon request. (b) RESERVATION WATER MANAGEMENT SYSTEM.— T here is hereby authorized to be appropriated to the Department of the Interior Bureau of Indian Affairs the sum of $3,000,000 in the first fiscal year, $2,000,000 in the second fiscal year, and $2,000,000 in the third fiscal year following the effective date of this Act for use by the Tribes for development of a Reservation water management system. Within 60 days of appropriation of moneys for the Reservation water management system, the Secretary shall allocate and make payment to the Tribes for the purposes described in this section. (c) ACQUISITION OF LANDS, GRAZING RIGHTS, AND IMPROVEMENTS.— There are hereby authorized to be appropriated to the Department of the Interior Bureau of Indian Affairs $5,000,000 for the primary purposes of acquiring for the Fort Hall Indian Irrigation Project available lands and grazing rights adjacent to Grays Lake to enhance the operation and management of the project and of making related improvements as well as providing collateral benefits for the operation of the Fish and Wildlife Service Refuge at Grays Lake, (d) LIMITATION ON PER CAPITA DISTRIBUTIONS. —Under no circumstances may any appropriated funds authorized by subsections (a), 0)), and (c) of this section be distributed on a per capita basis to members of the Tribes. (e) LIMITATION ON SETTING ASIDE FINAL DECREE. —Neither the Tribes nor the United States shall have the right to set aside the Final Decree because Congress fails to appropriate the funds authorized by subsection (a), (b), or (c) of this section or because the United States fails to acquire the grazing allotments adjacent to Grays Lake. (f) TRUST RESPONSIBILITY.— Nothing in this Act shall be construed or interpreted to alter the future trust responsibility of the United States to the Tribes nor to prohibit the Tribes from seeking additional authorization or appropriation of funds for Tribal programs or purposes. SEC. 8. WAIVER OF CLAIMS. (a) GENERAL AUTHORITY.— Upon the effective date of the Agreement, the Tribes and the United States shall be deemed to have waived and released emy und all water rights or claims to water rights of the Tribes, its members and its allottees from any source within the Upper Snake River Basin other than those set forth in article 7 of the Agreement. This release shall not apply to water right claims under State law of Tribal members for lands not defined as Indian lands for purposes of this Act nor to any other Indian tribe or to any Federal agency other than the Bureau of Indian Affairs, Fort Hall Indian Agency. (b) WAIVER OF CLAIMS AGAINST THE UNITED STATES. — In consideration of performance by the United States of all actions required by the Agreement and this Act, including the congressional authorization, appropriation, and payment of all funds authorized in section 7 of this Act, the Tribes shall be deemed to have executed in return a waiver and releeise of any and all existing claims against the United States arising in whole or in part from or concerning water rights finally settled by the Agreement and for lands or water that have been inundated by the past construction or enlargement of American Falls Reservoir.

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