Page:United States Statutes at Large Volume 124.djvu/3137

 124 STAT. 3111 PUBLIC LAW 111–291—DEC. 8, 2010 (G) all claims against the United States that first accrued at any time prior to and including the enforce- ability date relating to the construction and operation of Yellowtail Dam and the management of Bighorn Lake; and (H) all claims that first accrued at any time prior to and including the enforceability date relating to the generation, or the lack thereof, of power from Yellowtail Dam. (b) EFFECTIVENESS OF WAIVERS AND RELEASES.—The waivers under subsection (a) shall take effect on the enforceability date. (c) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS.—Not- withstanding the waivers and releases authorized in this title, the Tribe on behalf of itself and the members of the Tribe and the United States, acting as trustee for the Tribe and allottees, retain— (1) all claims for enforcement of the Compact, any final decree, or this title; (2) all rights to use and protect water rights acquired after the date of enactment of this Act; (3) all claims relating to activities affecting the quality of water, including any claims the Tribe may have under— (A) the Comprehensive Environmental Response, Com- pensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including for damages to natural resources; (B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); (C) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and (D) any regulations implementing the Acts described in subparagraphs (A) through (C); (4) all claims relating to damages, losses, or injuries to land or natural resources not due to loss of water or water rights (including hunting, fishing, gathering, or cultural rights); (5) all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this title or article VII(E) of the Compact; (6) all claims against any person or entity other than the United States, including claims for monetary damages, with respect to— (A) the claim of the Tribe of title to land created by the movement of the Bighorn River; and (B) the productive use of that land created by the movement of the Bighorn River to which the Tribe has claimed title; and (7) all claims that first accrued after the enforceability date with respect to claims otherwise waived in accordance with subparagraphs (B) and (E) through (H) of subsection (a)(3). (d) EFFECT OF COMPACT AND TITLE.—Nothing in the Compact or this title— (1) affects the ability of the United States, acting as sov- ereign, to take actions authorized by law, including any laws relating to health, safety, or the environment, including— (A) the Comprehensive Environmental Response, Com- pensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.);