Page:United States Statutes at Large Volume 124.djvu/3113

 124 STAT. 3087 PUBLIC LAW 111–291—DEC. 8, 2010 McMoRan Copper & Gold, Inc., Phelps Dodge Corpora- tion, or Phelps Dodge Morenci, Inc. (or a predecessor or successor of those entities), including all subsidiaries and affiliates of those entities; and (ix) to assert claims arising after the enforceability date for injury to water rights resulting from the pumping of water from land located within national forest land as of the date of the Agreement in the south1⁄2ofT.9N., R.24E., thesouth1⁄2ofT. 9N., R.25E., thenorth1⁄2ofT.8N., R.24E., orthenorth1⁄2ofT.8N., R.25E., ifwaterfrom the land is used on the land or is transported off the land for municipal, commercial, or industrial use. (B) AGREEMENT.—On terms acceptable to the Tribe and the United States, the Tribe and the United States are authorized to enter into an agreement with Freeport- McMoRan Copper & Gold, Inc., Phelps Dodge Corporation, or Phelps Dodge Morenci, Inc. (or a predecessor or successor of those entities), including all subsidiaries and affiliates of those entities, to resolve the claims of the Tribe relating to the trespass, use, and occupancy of the reservation in, on, and along the Black River. (2) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS BY TRIBE AGAINST UNITED STATES.—Notwithstanding the waiver and release of claims authorized under subsection (a)(3), the Tribe, on behalf of itself and its members, shall retain any right— (A) 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 Agree- ment or this title, in any Federal or State court of com- petent jurisdiction; (B) to assert claims for injuries to, and seek enforce- ment of, the rights of the Tribe and members under the judgment and decree entered by the court in the Gila River adjudication proceedings; (C) to assert claims for injuries to, and seek enforce- ment of, the rights of the Tribe and members under the judgment and decree entered by the court in the Little Colorado River adjudication proceedings; (D) 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; (E) to assert past, present, or future claims for injury to water rights or any other claims other than a claim to water rights, against 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; (F) to assert claims arising after the enforceability date for injury to water rights resulting from the pumping of water from land located within national forest land as of the date of the Agreement in the south 1⁄2 of T. 9N., R.24E., thesouth1⁄2ofT.9N., R.25E., the north1⁄2ofT.8N., R.24E., orthenorth1⁄2ofT.8 N., R. 25 E., if water from that land is used on the land