Page:United States Statutes at Large Volume 104 Part 4.djvu/747

 PUBLIC LAW 101-602—NOV. 16, 1990 104 STAT. 3063 (c) WAIVER OF CLAIMS AGAINST NON-FEDERAL PERSONS.— Upon entry of the Final Decree confirming the Tribal water rights, the United States and the Tribes agree not to make any claims against, or seek compensation from, any non-Federal person for lands or water that have been inundated by the past construction or enlargement of American Falls Reservoir. In the event funds are not paid as set forth in section 7, the Tribes are authorized to bring an action in the United States Claims Court for such funds plus applicable interest. The United States hereby waives any defense of sovereign immunity to such action. SEC. 9. INDIVIDUAL MEMBERS AND ALLOTTEES OF THE TRIBES. The water rights described in the Agreement and confirmed in the Final Decree are in full satisfaction of all water right claims of members of the Tribes and allottees for Indian lands in the Upper Snake River Basin. If any Tribal member or allottee is decreed a water right for Indian lands in Civil Case No. 89576 filed in the Fifth Judicial District Court of the State of Idaho in and for Twin Falls County on June 17, 1987, entitled "In Re the General Adjudication of Rights to the Use of Water from the Snake River Basin Water System", there shall be a corresponding reduction made in the Tribal water rights set forth in the Agreement and the Final Decree. SEC. 10. EFFECTIVE DATE. (a) DISBURSEMENT OF FUNDS UPON EFFECTIVE DATE. —The moneys appropriated pursuant to the authorization in section 7 of this Act shall not be disbursed until such time as the Agreement becomes effective. If the Agreement does not become effective, the moneys shall be returned to the General Fund of the Treasury, and the Agreement may be voided by any party to the Agreement. (b) FORCE AND EFFECT. —No provision of this Act shall be of any force unless the Agreement becomes effective as provided by article 18 of the Agreement. SEC. 11. DISCLAIMER, (a) GENERAL DISCLAIMER.— Nothing in the Agreement or this Act shall be construed in any way to quantify or otherwise affect the water rights or water right claims of the city of Pocatello, Idaho, or of any Indian tribe, band, or community, other than the Shoshone- Bannock Tribes. Qo) RESERVATION OF TRIBAL CLAIMS.—Nothing in this Act shall be construed to waive any water rights or water right claims of the Tribe or the United States on behalf of the Tribes except as set forth in the Agreement. Nor shall anything in the Agreement or this Act affect the water rights or water right claims of any Federal agency, other than the Bureau of Indian Affairs, Fort Hall Indian Agency. (c) RESERVATION OF RIGHTS.— The parties expressly reserve all rights not granted, recognized, or settled by the Agreement or this Act. (d) DISCLAIMER REGARDING OTHER AGREEMENTS.— Except as expressly provided in this Act, nothing herein shall be considered to

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