Page:United States Statutes at Large Volume 124.djvu/3114

 124 STAT. 3088 PUBLIC LAW 111–291—DEC. 8, 2010 or is transported off the land for municipal, commercial, or industrial use; (G) to assert any claims arising after the enforceability date for injury to water rights not specifically waived under this section; (H) to seek remedies and to assert any other claims not specifically waived under this section; and (I) to assert any claim arising after the enforceability date for a future taking by the United States of reservation land, off-reservation trust land, or any property rights appurtenant to that land, including any water rights set forth in paragraph 4.0 of the Agreement. (3) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS BY UNITED STATES.—Notwithstanding the waiver and release of claims authorized under subsection (a)(2), the United States shall retain any right to assert any claim not specifically waived in that subsection. (c) EFFECTIVENESS OF WAIVER AND RELEASES.—Except as other- wise specifically provided in subparagraphs (E) and (F) of subsection (a)(3), the waivers and releases under subsection (a) shall become effective on the enforceability date. (d) ENFORCEABILITY DATE.— (1) IN GENERAL.—This section takes effect on the date on which the Secretary publishes in the Federal Register a statement of findings that— (A)(i) to the extent that the Agreement conflicts with this title, the Agreement has been revised through an amendment to eliminate the conflict; and (ii) the Agreement, as so revised, has been executed by the Secretary, the Tribe, and the Governor of the State; (B) the Secretary has fulfilled the requirements of sec- tions 305 and 306; (C) the amount made available under section 312(a) has been deposited in the White Mountain Apache Tribe Water Rights Settlement Subaccount; (D) the State funds described in subparagraph 13.3 of the Agreement have been deposited in the White Moun- tain Apache Tribe Water Rights Settlement Subaccount; (E) the Secretary has issued a record of decision approving the construction of the WMAT rural water system in a configuration substantially similar to that described in section 307; (F) the judgments and decrees substantially in the form of those attached to the Agreement as exhibits 12.9 .6.1 and 12.9.6 .2 have been approved by the respective trial courts; and (G) the waivers and releases authorized and set forth in subsection (a) have been executed by the Tribe and the Secretary. (2) FAILURE OF ENFORCEABILITY DATE TO OCCUR.—If the Secretary does not publish a statement of findings under para- graph (1) by April 30, 2021— (A) this title is repealed effective May 1, 2021, and any activity by the Secretary to carry out this title shall cease; Federal Register, publication.