Page:United States Statutes at Large Volume 104 Part 4.djvu/976

 104 STAT. 3292 PUBLIC LAW 101-618—NOV. 16, 1990 SEC. 104. RELEASE OF CLAIMS. (A)(1) The Secretary of the Treasury and the Secretary of the Interior shall not disburse any monies from the Fund until such time as the following conditions have been met— (a) the Tribes have released any and all claims they may have against the United States resulting from any failure of the United States to comply with section 7 of Public Law 95-337, 92 Stat. 457; (b) the Tribes have dismissed with prejudice their claims in Northern Paiute Nation v. United States, Docket No. 87-A, United States Claims Court; (c) the Tribes have agreed to accept and abide by the limitation on use of water rights served by the Newlands Reclamation Project on the Reservation, as set forth in section 103(C); (d) the Tribes have dismissed, without prejudice, their claims in Pyramid Lake Paiute Tribe of Indians v. Lujan, No. R-85 - 197 (D. Nev.) and their objections to the Operating Criteria and Procedures for the Newlands Reclamation Project adopted by the Secretary on April 15, 1988, provided that such dismissal shall not prejudice in any respect the Tribes' right to object in any administrative or judicial proceeding to such Operating Criteria and Procedures, or any revisions thereto, or to assert that any Operating Criteria and Procedures should be changed due to new information, changes in environmental circumstance, changes in project descriptions or other relevant considerations, in accordance with the requirements of all applicable court decrees and applicable statutory requirements; (e) the Tribes agree to be bound by a plan developed and implemented by the Secretary in accordsmce with section 106 of this title; and (fKD the Tribes agree to indemnify the United States against monetary claims by any landowners who may hold water rights on the Reservation as of the date of enactment of the Act and who may assert that the provisions of section 103(C) of this title effect an unlawful taking of their rights: Provided, That— (i) the United States shall defend and resist any such claims at its own expense; (ii) the Tribes shall be entitled to intervene in any administrative or judicial proceeding on such claims; and (iii) the United States shall not compromise or settle any such claims without the consent of the Tribes. (2) The provisions of this section shall not be construed as: (i) implying that section 103(C) unlawfully takes any water rights; (ii) conferring jurisdiction on any court or other tribunal to adjudicate any such taking claims; (iii) waiving any immunities of the United States or the Tribes; or (iv) otherwise establishing or enhancing any claims to water rights or for the unlawful taking of such rights. (2) If the appropriations authorized in section 102(B) are not appropriated by the Congress, it shall be deemed that the conditions set forth in this Act have not been satisfied, and the Tribes may rescind their release of claims under this section and its agreement under subsection (c) of this section.

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