Page:United States Statutes at Large Volume 124.djvu/3110

 124 STAT. 3084 PUBLIC LAW 111–291—DEC. 8, 2010 SEC. 309. WAIVERS AND RELEASES OF CLAIMS. (a) IN GENERAL.—– (1) CLAIMS AGAINST THE STATE AND OTHERS.—Except for the specifically retained claims described in subsection (b)(1), the Tribe, on behalf of itself and its members, and the United States, acting in its capacity as trustee for the Tribe and its members, as part of the performance of the respective obliga- tions of the United States and the Tribe under the Agreement, are authorized to execute a waiver and release of any claims against the State (or any agency or political subdivision of the State), or any other person, entity, corporation, or municipal corporation under Federal, State, or other law for all— (A)(i) past, present, and future claims for water rights for the reservation and off-reservation trust land arising from time immemorial and, thereafter, forever; and (ii) past, present, and future claims for water rights arising from time immemorial and, thereafter, forever, that are based on aboriginal occupancy of land by the Tribe, its members, or their predecessors; (B)(i) past and present claims for injury to water rights for the reservation and off-reservation trust land arising from time immemorial through the enforceability date; (ii) past, present, and future claims for injury to water rights arising from time immemorial and, thereafter, for- ever, that are based on aboriginal occupancy of land by the Tribe, its members, or their predecessors; and (iii) claims for injury to water rights arising after the enforceability date for the reservation and off-reservation trust land resulting from off-reservation diversion or use of water in a manner that is not in violation of the Agree- ment or State law; and (C) past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of the Agreement, an applicable settlement judgement or decree, or this title. (2) CLAIMS AGAINST TRIBE.—Except for the specifically retained claims described in subsection (b)(3), the United States, in all capacities (except as trustee for an Indian tribe other than the Tribe), as part of the performance of its obliga- tions under the Agreement, is authorized to execute a waiver and release of any and all claims against the Tribe, its mem- bers, or any agency, official, or employee of the Tribe, under Federal, State, or any other law for all— (A) past and present claims for injury to water rights resulting from the diversion or use of water on the reserva- tion and on off-reservation trust land arising from time immemorial through the enforceability date; (B) claims for injury to water rights arising after the enforceability date resulting from the diversion or use of water on the reservation and on off-reservation trust land in a manner that is not in violation of the Agreement; and (C) past, present, and future claims arising out of or related in any manner to the negotiation, execution, or adoption of the Agreement, an applicable settlement judgement or decree, or this title.