Sec. 8. Waiver and release of claims; retention of claims
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In return for recognition of the Tribal water right and other benefits set forth in the Settlement Agreement and this Act, including the commitments of the other parties hereto, the Tribe, on behalf of itself and its members and allottees, and the United States acting in its capacity as trustee for the Tribe and its members and allottees agree to execute a waiver and release of claims against the other parties to the Settlement Agreement from— all claims for water rights in the Delaware River Basin that the Tribe or the United States acting in its capacity as trustee for the Tribe asserted or could have asserted in any proceeding up to and including the date the Settlement Agreement becomes effective, except to the extent such rights are recognized in the Settlement Agreement; 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 lands resulting from such damages, losses, injuries, interference with, diversion, or taking) in the Delaware River Basin that accrued at any time up to and including the effective date; and all claims against the State of Kansas, its agencies, or employees.
The Tribe, on behalf of itself and its members and allottees, as part of the performance of the obligations of the Tribe under the Settlement Agreement and this Act, agrees to execute a waiver and release of the following: All claims against the United States, its agents, or employees relating to claims for water rights in or water of the Delaware River Basin that the United States acting in its capacity as trustee for the Tribe asserted or could have asserted in any proceeding.
All claims against the United States, its agents, or employees relating to damages, losses, or injuries to water, water rights, land or natural resources due to the loss of water or water rights (including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights due to the 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 Delaware River Basin that first accrued at any time up to and including the enforcement date, except such claims are not waived until such time as appropriations for water related infrastructure for the Upper Delaware and Tributaries Watershed Plan referenced in section 7 are paid, and then to the extent of the amount of the appropriations.
All claims against the United States, its agents, or employees. Notwithstanding the waivers and releases described in this section, the Tribe on behalf of itself and its members and allottees, and the United States acting in its capacity as trustee for the Tribe and its members and allottees, retain— all claims for enforcement of the Settlement Agreement; all claims against persons other than the parties to the Settlement Agreement for damages, losses, or injuries to water rights or claims of interference with, diversion, or taking of water (including claims for injury to lands resulting from such damages, losses, injuries, interference with, diversion, or taking) in the Delaware River Basin; 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 claims the Tribe might have 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 regulations implementing those Acts; to the extent not waived by court order and related joint stipulation that the Tribe executed with the United States in 2012 as part of the litigation styled Nez Perce Tribe et al. v. Salazar et al., No. 06–cv–2239 (D.D.C. Apr. 11, 2012) all claims relating to damages, losses, or injuries to land or natural resources not due to the loss of water or water rights (including hunting, fishing, gathering, or cultural rights); and all rights, remedies, privileges, immunities, powers, and claims not specifically waived and released pursuant to the Settlement Agreement.
Nothing in the Settlement Agreement— affects the ability of the United States acting in its sovereign capacity to take actions authorized by law, including any law relating to health, safety, or the environment, including the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.), 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.), and the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq.), and regulations implementing those Acts; affects the ability of the United States to take actions acting in its capacity as trustee for any other Indian tribe or allottee; and waives any claim of a Member of the Tribe in an individual capacity that does not derive from a right of the Tribe.
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Sec. 8
Waiver and release of claims; retention of claims
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