Page:United States Statutes at Large Volume 124.djvu/3179

 124 STAT. 3153 PUBLIC LAW 111–291—DEC. 8, 2010 (f) VOIDING OF WAIVERS.—If the Final Decree is void under subsection (e)(5)— (1) the Settlement Agreement shall no longer be effective; (2) the waivers and releases executed pursuant to section 624 shall no longer be effective; (3) any unexpended Federal funds appropriated or made available to carry out the activities authorized by this title, together with any interest earned on those funds, any water rights or contracts to use water, and title to other property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized by this title shall be returned to the Federal Government, unless other- wise agreed to by the Pueblos and the United States and approved by Congress; and (4) except for Federal funds used to acquire or develop property that is returned to the Federal Government under paragraph (3), the United States shall be entitled to set off any Federal funds appropriated or made available to carry out the activities authorized by this title that were expended or withdrawn, together with any interest accrued on those funds, against any claims against the United States— (A) relating to water rights in the Pojoaque Basin asserted by any Pueblo that benefitted from the use of expended or withdrawn Federal funds; or (B) in any future settlement of the Aamodt Case. (g) EXTENSION.—The dates in subsections (a)(1) and (b) may be extended if the parties to the Cost-Sharing and System Integra- tion Agreement agree that an extension is reasonably necessary. SEC. 624. WAIVERS AND RELEASES OF CLAIMS. (a) CLAIMS BY THE PUEBLOS AND THE UNITED STATES.—In return for recognition of the Pueblos’ water rights and other bene- fits, including waivers and releases by non-Pueblo parties, as set forth in the Settlement Agreement and this title, the Pueblos, on behalf of themselves and their members, and the United States acting in its capacity as trustee for the Pueblos are authorized to execute a waiver and release of— (1) all claims for water rights in the Pojoaque Basin that the Pueblos, or the United States acting in its capacity as trustee for the Pueblos, asserted, or could have asserted, in any proceeding, including the Aamodt Case, up to and including the waiver effectiveness date identified in section 623(d), except to the extent that such rights are recognized in the Settlement Agreement or this title; (2) all claims for water rights for lands in the Pojoaque Basin and for rights to use water in the Pojoaque Basin that the Pueblos, or the United States acting in its capacity as trustee for the Pueblos, might be able to otherwise assert in any proceeding not initiated on or before the date of enact- ment of this Act, except to the extent that such rights are recognized in the Settlement Agreement or this title; (3) all claims for damages, losses or injuries to water rights or claims of interference with, diversion or taking of water (including claims for injury to land resulting from such dam- ages, losses, injuries, interference with, diversion, or taking) for land within the Pojoaque Basin that accrued at any time