Page:United States Statutes at Large Volume 123.djvu/1432

 123STA T . 1 4 12 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9befor e th e N e vad a S tate Engi neer to deter m ine the e x tent and nat u re of the w ater right s of the T ribes in the East F or k of the O w y hee R iver in Nevada or the Snake River B asin A d j udi c ation in I daho and (5) a l l claims against the U nited States , its agencies, or em p loyees relating in any manner to the negotiation, execution, or adoption of the Agreement, exhibits thereto, the decree referred to in subsection (d)( 2 ), or this subtitle . (c) R ES E RVATION O F RI GH TS AN D RETENTION OF CL AI M S. — Not - withstanding the waivers and releases authori z ed in this subtitle, the Tribes on their own behalf and the United States acting in its capacity as trustee for the Tribes retain— ( 1 ) all claims for enforcement of the Agreement, the decree referred to in subsection (d)(2), or this subtitle, through such legal and e q uitable remedies as may be available in the decree court or the appropriate Federal court; (2) all rights to acquire a water right in a State to the same extent as any other entity in the State, in accordance with State law, and to use and protect water rights acquired after the date of enactment of this Act; ( 3 ) all claims relating to activities affecting the quality of water including any claims the Tribes might have under the Comprehensive Environmental Response, Compensation, and L iability Act of 1 980 ( 4 2 U.S.C. 9 6 01 et seq.) (including claims for damages to natural resources), the Safe D rinking W ater Act (42 U.S.C. 300f et seq.), the Federal Water P ollution Control Act (33 U.S.C. 1251 et seq.), and the regulations imple- menting those Acts; and (4) all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this subtitle. (d) EFFE C TIVE DATE.—Notwithstanding anything in the Agree- ment to the contrary, the waivers by the Tribes, or the United States on behalf of the Tribes, under this section shall take effect on the date on which the Secretary publishes in the Federal Register a statement of findings that includes a finding that— (1) the Agreement and the waivers and releases authorized and set forth in subsections (a) and (b) have been executed by the parties and the Secretary; (2) the Fourth J udicial District Court, Elko County, Nevada, has issued a judgment and decree consistent with the Agreement from which no further appeal can be taken; and (3) the amounts authorized under subsections (b)(3) and (c)(3) of section 1080 7 have been appropriated. (e) FAIL U RETOPU B LISH STATEMENT OF FINDINGS.—If the Sec- retary does not publish a statement of findings under subsection (d) by M arch 31, 2016— (1) the Agreement and this subtitle shall not take effect; and (2) any funds that have been appropriated under this sub- title shall immediately revert to the general fund of the United States Treasury. (f) TOLLING OF CLAIMS.— (1) IN GENERAL.—Each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the date on which Timep e r i od.R e v er s io n. D e a d l ine. F ederal Re g is t er , p ub li c ation.