Sec. 7. Waiver of claims
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Subject to the retention of rights set forth in subsection (c), in return for recognition of the Tribal Water Right and other benefits as set forth in the Pechanga Settlement Agreement and this Act, the Band, on behalf of itself and the members of the Band (but not on behalf of a tribal member in the capacity of Allottee), and the United States, acting as trustee for the Band, are authorized and directed to execute a waiver and release of all claims for water rights within the Santa Margarita River Watershed that the Band, or the United States acting as trustee for the Band, asserted or could have asserted in any proceeding, including the Adjudication Proceeding, except to the extent that such rights are recognized in the Pechanga Settlement Agreement and this Act.
Subject to the retention of rights set forth in subsection
(c)and notwithstanding any provisions to the contrary in the Pechanga Settlement Agreement, the Band and the United States, on behalf of the Band and Allottees, fully release, acquit, and discharge RCWD from— claims for injuries to water rights in the Santa Margarita River Watershed for land located within the Reservation arising or occurring at any time up to and including June 30, 2009; claims for injuries to water rights in the Santa Margarita River Watershed for land located within the Reservation arising or occurring at any time after June 30, 2009, resulting from the diversion or use of water in a manner not in violation of the Pechanga Settlement Agreement or this Act; claims for subsidence damage to land located within the Reservation arising or occurring at any time up to and including June 30, 2009; claims for subsidence damage arising or occurring after June 30, 2009, to land located within the Reservation resulting from the diversion of underground water in a manner consistent with the Pechanga Settlement Agreement or this Act; and claims arising out of, or relating in any manner to, the negotiation or execution of the Pechanga Settlement Agreement or the negotiation or execution of this Act. Subject to the retention of claims set forth in subsection (c), in return for recognition of the water rights of the Band and other benefits as set forth in the Pechanga Settlement Agreement and this Act, the United States, acting as trustee for Allottees, is authorized and directed to execute a waiver and release of all claims for water rights within the Santa Margarita River Watershed that the United States, acting as trustee for the Allottees, asserted or could have asserted in any proceeding, including the Adjudication Proceeding. Subject to the retention of rights set forth in subsection (c), the Band, on behalf of itself and the members of the Band (but not on behalf of a tribal member in the capacity of Allottee), is authorized to 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 in, or water of, the Santa Margarita River Watershed that the United States, acting in its capacity as trustee for the Band, asserted, or could have asserted, in any proceeding, including the Adjudication Proceeding, except to the extent that those rights are recognized in the Pechanga Settlement Agreement and this Act; 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 water rights, or claims relating to failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) in the Santa Margarita River Watershed that first accrued at any time up to and including the enforceability date; 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 Band in the Adjudication Proceeding; and all claims against the United States (including the agencies and employees of the United States) relating to the negotiation or execution of the Pechanga Settlement Agreement or the negotiation or execution of this Act. The waivers under subsection
(a)shall take effect on the enforceability date. Notwithstanding the waivers and releases authorized in this Act, the Band, on behalf of itself and the members of the Band, and the United States, acting in its capacity as trustee for the Band and Allottees, retain— all claims for enforcement of the Pechanga Settlement Agreement and this Act; all claims against any person or entity other than the United States and RCWD, including claims for monetary damages; all claims for water rights that are outside the jurisdiction of the Adjudication Court; all rights to use and protect water rights acquired on or after the enforceability date; and all remedies, privileges, immunities, powers, and claims, including claims for water rights, not specifically waived and released pursuant to this Act and the Pechanga Settlement Agreement. Nothing in the Pechanga Settlement Agreement or this Act— affects the ability of the United States, acting as sovereign, 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 implementing the Acts described in subparagraphs
(A)through (C); affects the ability of the United States to take actions acting as trustee for any other Indian tribe or an Allottee of any other Indian tribe; confers jurisdiction on any State court— to interpret Federal law regarding health, safety, or the environment; to determine the duties of the United States or other parties pursuant to Federal law regarding health, safety, or the environment; or to conduct judicial review of Federal agency action; waives any claim of a member of the Band in an individual capacity that does not derive from a right of the Band; limits any funding that RCWD would otherwise be authorized to receive under any Federal law, including, the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h et seq. ) as that Act applies to permanent facilities for water recycling, demineralization, and desalination, and distribution of nonpotable water supplies in Southern Riverside County, California; characterizes any amounts received by RCWD under the Pechanga Settlement Agreement or this Act as Federal for purposes of section 1649 of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h–32 ); or affects the requirement of any party to the Pechanga Settlement Agreement or any of the exhibits to the Pechanga Settlement Agreement to comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) or the California Environmental Quality Act (Cal. Pub. Res. Code 21000 et seq.) prior to performing the respective obligations of that party under the Pechanga Settlement Agreement or any of the exhibits to the Pechanga Settlement Agreement. The enforceability date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— the Adjudication Court has approved and entered a judgment and decree approving the Pechanga Settlement Agreement in substantially the same form as Appendix 2 to the Pechanga Settlement Agreement; all amounts authorized by this Act have been deposited in the Fund; the waivers and releases authorized in subsection
(a)have been executed by the Band and the Secretary; the Extension of Service Area Agreement— has been approved and executed by all the parties to the Extension of Service Area Agreement; and is effective and enforceable in accordance with the terms of the Extension of Service Area Agreement; and the ESAA Water Delivery Agreement— has been approved and executed by all the parties to the ESAA Water Delivery Agreement; and is effective and enforceable in accordance with the terms of the ESAA Water Delivery Agreement. 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 earlier of— April 30, 2030, or such alternate date after April 30, 2030, as is agreed to by the Band and the Secretary; or the enforceability date. 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. Nothing in this section precludes the tolling of any period of limitations or any time-based equitable defense under any other applicable law. If all of the amounts authorized to be appropriated to the Secretary pursuant to this Act have not been made available to the Secretary by April 30, 2030— the waivers authorized by this section shall expire and have no force or effect; and all statutes of limitations applicable to any claim otherwise waived under this section shall be tolled until April 30, 2030. If a waiver authorized by this section is void under paragraph (1)— the approval of the United States of the Pechanga Settlement Agreement under section 4 shall be void and have no further force or effect; any unexpended Federal amounts appropriated or made available to carry out this Act, together with any interest earned on those amounts, and any water rights or contracts to use water and title to other property acquired or constructed with Federal amounts appropriated or made available to carry out this Act shall be returned to the Federal Government, unless otherwise agreed to by the Band and the United States and approved by Congress; and except for Federal amounts used to acquire or develop property that is returned to the Federal Government under subparagraph (B), the United States shall be entitled to set off any Federal amounts appropriated or made available to carry out this Act that were expended or withdrawn, together with any interest accrued, against any claims against the United States relating to water rights asserted by the Band or Allottees in any future settlement of the water rights of the Band or Allottees.
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- 43 USC 390h–32
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Sec. 7
Waiver of claims
Cite43 USC 390h–32
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