Page:United States Statutes at Large Volume 124.djvu/3136

 124 STAT. 3110 PUBLIC LAW 111–291—DEC. 8, 2010 (3) WAIVER AND RELEASE OF CLAIMS BY THE TRIBE AGAINST THE UNITED STATES.—Subject to the retention of rights set forth in subsection (c), the Tribe, on behalf of itself and the members of the Tribe (but not Tribal members in their capac- ities as allottees), is authorized to execute a waiver and release of— (A) all claims against the United States, including the agencies and employees of the United States, relating to claims for water rights within the State of Montana that the United States, acting as trustee for the Tribe, asserted, or could have asserted, in any proceeding, including the State of Montana stream adjudication, except to the extent that such rights are recognized as tribal water rights in this title, including all claims relating in any manner to the claims reserved against the United States or agencies or employees of the United States in section 4(e) of the joint stipulation of settlement; (B) all claims against the United States, including the agencies and employees of the United States, relating to damages, losses, or injuries to water, water rights, land, or natural 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, replace, or develop water, water rights, or water infrastructure) within the State of Montana that first accrued at any time prior to and including the enforce- ability date, including all claims relating to the failure to establish or provide a municipal rural or industrial water delivery system on the Reservation and all claims relating to the failure to provide for, operate, or maintain the Crow Irrigation Project, or any other irrigation system or irrigation project on the Reservation; (C) all claims against the United States, including the agencies and employees of the United States, relating to the pending litigation of claims relating to the water rights of the Tribe in the State of Montana; (D) all claims against the United States, including the agencies and employees of the United States, relating to the negotiation, execution, or the adoption of the Com- pact (including exhibits) or this title; (E) subject to the retention of rights set forth in sub- section (c), all claims for monetary damages against the United States that first accrued at any time prior to and including the enforceability date with respect to— (i) the failure to recognize or enforce the claim of the Tribe of title to land created by the movement of the Bighorn River; and (ii) the failure to make productive use of that land created by the movement of the Bighorn River to which the Tribe has claimed title; (F) all claims against the United States that first accrued at any time prior to and including the enforce- ability date arising from the taking or acquisition of the land of the Tribe or resources for the construction of the Yellowtail Dam;