Page:United States Statutes at Large Volume 123.djvu/1431

 123STA T . 1 4 11 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9SEC.108 08. TRIBALW AI V ERA ND RELEASE OF CLAI M S. (a)WAIVER A NDR E L EA S E OFC LAI M S BYT RIBES AND U NI T ED S TATES AC TIN G AS TR U STEE FOR TRIBES .—Inretu rn fo rre c o g n i tion oft h e Tri b e s’w ater rights an d other benefits as set forth in the Agree m ent and this subtit l e , the Tribes, on behalf of themsel v es and their members, and the United States acting in its ca p acit y as trustee for the Tribes are authori z edtoe x ecute a waiver and release of— ( 1 ) all claims for water rights in the State of N evada that the Tribes, or the United States acting in its capacity as trustee for the Tribes, asserted, or could have asserted, in any proceeding, including pending proceedings before the Nevada State E ngineer to determine the extent and nature of the water rights of the Tribes in the East F or k of the O wyhee River in Nevada, up to and including the effective date, except to the extent that such rights are recognized in the Agreement or this subtitle and ( 2 ) all claims for damages, losses or in j uries to water rights or claims of interference with, diversion or taking of water rights (including claims for injury to lands resulting from such damages, losses, injuries, interference with, diversion, or taking of water rights) within the State of Nevada that accrued at any time up to and including the effective date. (b) WAIVER AND RELEASE OF CLAIMS BY TRIBES AGAINST UNITED STATES.—The Tribes, on behalf of themselves and their members, are authorized to execute a waiver and release of— (1) all claims against the United States, its agencies, or employees, relating in any manner to claims for water rights in or water of the States of Nevada and Idaho that the United States acting in its capacity as trustee for the Tribes asserted, or could have asserted, in any proceeding, including pending proceedings before the Nevada State Engineer to determine the extent and nature of the water rights of the Tribes in the East Fork of the Owyhee River in Nevada, and the Snake River B asin Adjudication in Idaho; (2) all claims against the United States, its agencies, or employees relating in any manner to damages, losses, or injuries to water, water rights, land, or other resources due to loss of water or water rights (including damages, losses or injuries to fishing and other similar rights due to loss of water or water rights; claims relating to interference with, diversion or taking of water; or claims relating to failure to protect, ac q uire, replace, or develop water, water rights or water infrastructure) within the States of Nevada and Idaho that first accrued at any time up to and including the effective date; ( 3 ) all claims against the United States, its agencies, or employees relating to the operation, maintenance, or rehabilita - tion of the D uck V alley Indian Irrigation P roject that first accrued at any time up to and including the date upon which the Tribes notify the Secretary as provided in section 1 08 0 7 (b)(2)(A)(ii)(I) that the rehabilitation of the Duck Valley Indian Irrigation Project under this subtitle to an acceptable level has been accomplished; ( 4 ) all claims against the United States, its agencies, or employees relating in any manner to the litigation of claims relating to the Tribes’ water rights in pending proceedings