Page:United States Statutes at Large Volume 124.djvu/3111

 124 STAT. 3085 PUBLIC LAW 111–291—DEC. 8, 2010 (3) CLAIMS AGAINST UNITED STATES.—Except for the specifi- cally retained claims described in subsection (b)(2), the Tribe, on behalf of itself and its members, as part of the performance of the obligations of the Tribe under the Agreement, is author- ized to execute a waiver and release of any claim against the United States, including agencies, officials, or employees of the United States (except in the capacity of the United States as trustee for other Indian tribes), under Federal, State, or other law for any and 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 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 hunting, fishing, gathering, or cultural 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, acquire, or develop water, water rights, or water infrastruc- ture) within the reservation and off-reservation trust land that first accrued at any time prior to 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 the off-reservation diversion or use of water in a manner that is not in violation of the Agreement or applicable law; (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 judgment or decree, or this title; (D) past and present claims relating in any manner to pending litigation of claims relating to the water rights of the Tribe for the reservation and off-reservation trust land; (E) past and present claims relating to the operation, maintenance, and replacement of existing irrigation sys- tems on the reservation constructed prior to the enforce- ability date that first accrued at any time prior to the enforceability date, which waiver shall only become effec- tive on the full appropriation and payment to the Tribe of $4,950,000 of the amounts made available under section 312(b)(2)(B); (F) any claims relating to operation, maintenance, and replacement of the WMAT rural water system, which waiver shall only become effective on the date on which funds are made available under section 312(b)(3)(B) and deposited in the WMAT Maintenance Fund;