Page:United States Statutes at Large Volume 118.djvu/3468

 118 STAT. 3438 PUBLIC LAW 108–447—DEC. 8, 2004 in Idaho, including projects and programs intended to protect and restore listed fish and their habitat in those basins, as specified in the Agreement and this Act. (2) RELEASE OF FUNDS.—The Secretary shall release funds from the Idaho Salmon and Clearwater River Basins Habitat Account in accordance with section 6(d)(2) of the Endangered Species Act (16 U.S.C. 1535(d)(2)). (3) NO ALLOCATION REQUIREMENT.—The use of the Fund shall not be subject to the allocation procedures under section 6(d)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1535(d)(1)). (c) AVAILABILITY OF AMOUNTS IN THE FUND.—Amounts made available under subsection (d) shall be available for expenditure or withdrawal only after the waivers and releases under section 10(a) take effect. (d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated— (1) to the Nez Perce Tribe Salmon and Clearwater River Basins Habitat Account, $2,533,334 for each of fiscal years 2007 through 2011; and (2) to the Idaho Salmon and Clearwater River Basins Habitat Account, $5,066,666 for each of fiscal years 2007 through 2011. SEC. 10. TRIBAL WAIVER AND RELEASE OF CLAIMS. (a) WAIVER AND RELEASE OF CLAIMS IN GENERAL.— (1) CLAIMS TO WATER RIGHTS; CLAIMS FOR INJURIES TO WATER RIGHTS OR TREATY RIGHTS.—Except as otherwise pro vided in this Act, the United States on behalf of the Tribe and the allottees, and the Tribe, waive and release— (A) all claims to water rights within the Snake River Basin (as defined in section 3); (B) all claims for injuries to such water rights; and (C) all claims for injuries to the treaty rights of the Tribe to the extent that such injuries result or resulted from flow modifications or reductions in the quantity of water available that accrued at any time up to and including the effective date of the settlement, and any continuation thereafter of any such claims, against the State, any agency or political subdivision of the State, or any person, entity, corporation, municipal corporation, or quasi municipal corporation. (2) CLAIMS BASED ON REDUCED WATER QUALITY OR REDUC TIONS IN WATER QUANTITY.—The United States on behalf of the Tribe and the allottees, and the Tribe, waive and release any claim, under any treaty theory, based on reduced water quality resulting directly from flow modifications or reductions in the quantity of water available in the Snake River Basin against any party to the Agreement. (3) NO FUTURE ASSERTION OF CLAIMS.—No water right claim that the Tribe or the allottees have asserted or may in the future assert outside the Snake River Basin shall require water to be supplied from the Snake River Basin to satisfy the claim. (4) EFFECT OF WAIVERS AND RELEASES.—The waivers and releases by the United States and the Tribe under this subsection— (A) shall be permanent and enforceable; and

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