Sec. 19. Waivers and releases of claims

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Subject to the retention of claims described in subsection (c), in consideration for recognition of the tribal water rights and other benefits under the Compact and this Act, the United States, acting as trustee for the allottees, shall execute a waiver and release of all claims for water rights within the Reservation that the United States, acting as trustee for the allottees, asserted or could have asserted in any proceeding, including a State stream adjudication, on or before the enforceability date, except to the extent that such rights are recognized by the Compact or this Act.

Subject to the retention of rights described in subsection (c), in consideration for recognition of the tribal water rights and other benefits under the Compact and this Act, the Tribe, on behalf of itself and the members of the Tribe (but not tribal members in their capacities as allottees), shall execute a waiver and release of— all claims against the United States (including the agencies and employees of the United States) relating to claims for water rights within the State that the United States, acting as trustee for the Tribe, asserted or could have asserted in any proceeding, including a State stream adjudication, except to the extent that such rights are recognized as a tribal water right; 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 of, or taking of water, and claims relating to failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) within the State that first accrued at any time on or before the enforceability date; or the failure to establish or provide a municipal rural or industrial water delivery system on the Reservation; 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; 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 Compact (including exhibits) and this Act; all claims against the United States (including the agencies and employees of the United States) that first accrued at any time on or before the enforceability date arising from the taking or acquisition of the land of the Tribe or resources for the construction of the features of the St.

Mary Unit; all claims against the United States (including the agencies and employees of the United States) that first accrued at any time on or before the enforceability date relating to— the construction, operation, or maintenance of the St. Mary Unit; or on completion of the Swift Current Creek Bank stabilization project, the management of flows in Swift Current Creek, including the diversion of Swift Current Creek into Lower St. Mary’s Lake; all claims against the United States (including the agencies and employees of the United States) that first accrued at any time on or before the enforceability date relating to the construction, operation, or management of Lower Two Medicine Dam and Reservoir and Four Horns Dam and Reservoir; and all claims against the United States (including the agencies and employees of the United States) that first accrued at any time on or before the enforceability date relating to the allocation of water of the Milk River (including tributaries) or the St.

Mary River (including tributaries) between the United States and Canada pursuant to the International Boundary Waters Treaty of 1909 (36 Stat. 2448). The waivers under subsection

(a)shall take effect on the enforceability date. Notwithstanding the waivers and releases under this section, 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— all claims for enforcement of the Compact, any final decree, or this Act; all rights to use and protect water rights acquired after the date of enactment of this Act; all claims relating to activities affecting the quality of water, including any claims of the Tribe under— the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including claims for damages to natural resources; the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); and any regulations promulgated pursuant to an Act described in subparagraph (A), (B), or (C); 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); all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this Act or the Compact; all claims for rights retained under the agreement dated September 19, 1895, and ratified on June 10, 1896 (29 Stat. 321, chapter 398), filed by the United States on behalf of the Tribe in— Glacier National Park, as described in the document entitled More Definite Statement of Claims , dated November 14, 1997; or the case styled Matter of the Adjudication of the Existing and Reserved Rights to the Use of Water, Both Surface and Underground, of the Blackfeet Tribe of the Blackfeet Reservation Within the State of Montana, Civil No. WC91–1; the water rights of the Tribe, whether adjudicated or unadjudicated; the authority of the Tribe to use and protect such water rights; and any claim for damages for loss of water resources allegedly caused by a failure to establish, acquire, enforce, or protect such water rights. Nothing in the Compact or this Act— affects the ability of the United States to take actions authorized by law, including any laws relating to health, safety, or the environment, including— the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); and any regulations promulgated pursuant to an Act described in subparagraph (A), (B), or (C); affects the ability of the United States to act as trustee for any other Indian tribe or allottee of any other Indian tribe; confers jurisdiction on any State court— to interpret Federal law relating to health, safety, or the environment; to determine the duties of the United States or other parties pursuant to such a Federal law; or to conduct judicial review of any Federal agency action; waives any claim of a member of the Tribe in an individual capacity that does not derive from a right of the Tribe; revives any claim waived by the Tribe in the case styled Blackfeet Tribe v. United States, No. 02–127L (Fed. Cl. 2012); or revives any claim released by an allottee or a member of the Tribe in the settlement for the case styled Cobell v. Salazar, No. 1:96CV01285–JR (D.D.C. 2012). The enforceability date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— the Montana Water Court has issued a final judgment and decree approving the Compact; or if the Montana Water Court is found to lack jurisdiction, the United States district court of competent jurisdiction has approved the Compact as a consent decree, and the approval is final; all amounts authorized to be appropriated under section 17(k) have been appropriated; the Tribe has executed the agreements with the Secretary required by sections 5(b), 6(e), 8(c), and 14(a); the State has appropriated and paid into an interest-bearing escrow account any payments due as of the date of enactment of this Act to the Tribe under the Compact and this Act; the Tribe has ratified the Compact by submitting this Act and the Compact to a vote by the tribal membership for approval or disapproval; and the Tribal membership has voted to approve this Act and the Compact by a majority of votes cast on the day of the vote, as certified by the Secretary and the Tribe; the Secretary has fulfilled the requirements of section 8(a); the Tribe has enacted a tribal water code pursuant to section 16(f); the waivers and releases described subsection

(a)have been executed by the Tribe and the Secretary; and the Secretary has fulfilled the requirements of section 15(b). Each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the date on which the amounts made available to carry out this Act are transferred to the Secretary. Nothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act. If all appropriations authorized by this Act have not been made available to the Secretary by January 15, 2018— the waivers and releases described in this section shall expire and be of no further force or effect; and all statutes of limitations applicable to any claim otherwise waived shall be tolled until January 15, 2018. If the waivers pursuant to this section are void under subsection (g)— the approval of the Compact under section 15 shall no longer be effective; any unexpended Federal funds appropriated or made available to carry out the activities authorized by this Act, together with any interest earned on those funds, any water rights or contracts to use water, and any title in and to other property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized by this Act, shall be returned to the Federal Government, unless otherwise agreed to by the Tribe and the United States and approved by Congress; and except for Federal funds used to acquire or develop property that is returned to the Federal Government under paragraph (2), the United States shall be entitled to offset any Federal funds appropriated or made available to carry out the activities authorized by this Act that were expended or withdrawn, together with any interest accrued, against any claims against the United States relating to water rights in the State asserted by the Tribe or in any future settlement of the water rights of the Tribe.

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