Page:United States Statutes at Large Volume 118.djvu/3469

 118 STAT. 3439 PUBLIC LAW 108–447—DEC. 8, 2004 (B) shall survive any subsequent termination of any component of the settlement described in the Agreement or this Act. (5) EFFECTIVE DATE.—The waivers and releases under this subsection shall take effect on the date on which the Secretary causes to be published in the Federal Register a statement of findings that the actions set forth in section IV.L of the Agreement— (A) have been completed, including issuance of a judg ment and decree by the SRBA court from which no further appeal may be taken; and (B) have been determined by the United States on behalf of the Tribe and the allottees, the Tribe, and the State of Idaho to be consistent in all material aspects with the Agreement. (b) WAIVER AND RELEASE OF CLAIMS AGAINST THE UNITED STATES.— (1) IN GENERAL.—In consideration of performance by the United States of all actions required by the Agreement and this Act, including the appropriation of all funds authorized under sections 8(h) and 9(d)(1), the Tribe shall execute a waiver and release of the United States from— (A) all claims for water rights within the Snake River Basin, injuries to such water rights, or breach of trust claims for failure to protect, acquire, or develop such water rights that accrued at any time up to and including the effective date determined under paragraph (2); (B) all claims for injuries to the Tribe’s treaty fishing rights, to the extent that such injuries result or resulted from reductions in the quantity of water available in the Snake River Basin; (C) all claims of breach of trust for failure to protect Nez Perce springs or fountains treaty rights reserved in article VIII of the Treaty of June 9, 1863 (14 Stat. 651); and (D) all claims of breach of trust arising out of the negotiation of or resulting from the adoption of the Agree ment. (2) EFFECTIVE DATE.— (A) IN GENERAL.—The waiver and release contained in this subsection shall take effect on the date on which the amounts authorized under sections 8(h) and 9(d)(1) are appropriated. (B) PERIODS OF LIMITATION; EQUITABLE CLAIMS.— (i) IN GENERAL.—All periods of limitation and time based equitable defenses applicable to the claims set forth in paragraph (1) are tolled for the period between the date of enactment of this Act until the earlier of— (I) the date on which the amounts authorized under sections 8(h) and 9(d)(1) are appropriated; or (II) October 1, 2017. (ii) EFFECT OF SUBPARAGRAPH.—This subpara graph neither revives any claim nor tolls any period of limitation or time based equitable defense that may have expired before the date of enactment of this Act. Federal Register, publication.

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