Page:United States Statutes at Large Volume 124.djvu/3112

 124 STAT. 3086 PUBLIC LAW 111–291—DEC. 8, 2010 (G) past and present breach of trust and negligence claims for damage to the land and natural resources of the Tribe caused by riparian and other vegetative manipu- lation by the United States for the purpose of increasing water runoff from the reservation that first accrued at any time prior to the enforceability date; and (H) past and present claims for trespass, use, and occupancy of the reservation in, on, and along the Black River that first accrued at any time prior to the enforce- ability date. (4) EFFECT ON BOUNDARY CLAIMS.—Nothing in this title expands, diminishes, or impacts any claims the Tribe may assert, or any defense the United States may assert, concerning title to land outside the most current survey, as of the date of enactment of this Act, of the northern boundary of the reservation. (b) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS.— (1) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS BY TRIBE AND UNITED STATES.— (A) IN GENERAL.—Notwithstanding the waiver and release of claims authorized under subsection (a)(1), the Tribe, on behalf of itself and its members, and the United States, acting as trustee for the Tribe and its members, shall retain any right— (i) subject to subparagraph 16.9 of the Agreement, to assert claims for injuries to, and seek enforcement of, the rights of the Tribe and its members under the Agreement or this title in any Federal or State court of competent jurisdiction; (ii) to assert claims for injuries to, and seek enforcement of, the rights of the Tribe under the judg- ment and decree entered by the court in the Gila River adjudication proceedings; (iii) to assert claims for injuries to, and seek enforcement of, the rights of the Tribe under the judg- ment and decree entered by the court in the Little Colorado River adjudication proceedings; (iv) to object to any claims by or for any other Indian tribe, Indian community or nation, or dependent Indian community, or the United States on behalf of such a tribe, community, or nation; (v) to participate in the Gila River adjudication proceedings and the Little Colorado River adjudication proceedings to the extent provided in subparagraph 14.1 of the Agreement; (vi) to assert any claims arising after the enforce- ability date for injury to water rights not specifically waived under this section; (vii) to assert any past, present, or future claim for injury to water rights against any other Indian tribe, Indian community or nation, dependent Indian community, allottee, or the United States on behalf of such a tribe, community, nation, or allottee; (viii) to assert any past, present, or future claim for trespass, use, and occupancy of the reservation in, on, or along the Black River against Freeport-