Sec. 10. Waivers and releases of claims

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Subject to the reservation of rights and retention of claims under subsection (d), as consideration for recognition of the Tribal water rights and other benefits described in the Compact and this Act, the Fort Belknap Indian Community, acting on behalf of the Fort Belknap Indian Community and members of the Fort Belknap Indian Community (but not any member of the Fort Belknap Indian Community as an allottee), and the United States, acting as trustee for the Fort Belknap Indian Community and the members of the Fort Belknap Indian Community (but not any member of the Fort Belknap Indian Community as an allottee), shall execute a waiver and release of all claims for water rights within the State that the Fort Belknap Indian Community, or the United States acting as trustee for the Fort Belknap Indian Community, 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 in the Compact and this Act.

Subject to the reservation of rights and the retention of claims under subsection (d), as consideration for recognition of the Tribal water rights and other benefits described in 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 in the Compact and this Act.

Subject to the reservation of rights and retention of claims under subsection (d), the Fort Belknap Indian Community, acting on behalf of the Fort Belknap Indian Community and members of the Fort Belknap Indian Community (but not any member of the Fort Belknap Indian Community as an allottee), shall execute a waiver and release of all claims against the United States (including any agency or employee of the United States) relating to— water rights within the State that the United States, acting as trustee for the Fort Belknap Indian Community, asserted or could have asserted in any proceeding, including a general stream adjudication in the State, except to the extent that such rights are recognized as Tribal water rights under this Act; damage, loss, or injury 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, if the claim first accrued on or before the enforceability date; interference with, diversion of, or taking of water, if the claim first accrued on or before the enforceability date; or failure to protect, acquire, replace, or develop water, water rights, or water infrastructure within the State, if the claim first accrued on or before the enforceability date; a failure to establish or provide a municipal rural or industrial water delivery system on the Reservation; a failure to provide for operation and maintenance, or deferred maintenance, for the Fort Belknap Indian Irrigation Project or any other irrigation system or irrigation project on the Reservation; the litigation of claims relating to the water rights of the Fort Belknap Indian Community in the State; the negotiation, execution, or adoption of the Compact (including exhibits); and the allocation of water of the Milk River and 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 and releases under subsection

(a)shall take effect on the enforceability date. Nothing in this Act or the Compact prohibits the Fort Belknap Indian Community, a member of the Fort Belknap Indian Community, an allottee, or the United States in any capacity from objecting to any claim to a water right filed in any general stream adjudication in the Montana Water Court. Notwithstanding the waivers and releases under subsection (a), the Fort Belknap Indian Community, acting on behalf of the Fort Belknap Indian Community and members of the Fort Belknap Indian Community, and the United States, acting as trustee for the Fort Belknap Indian Community and the allottees shall retain— all claims (including claims accruing after the enforceability date) relating to— enforcement of water rights recognized under the Compact, the settlement agreement, any final court decree, or this Act; and the land transfers required under section 6; all claims relating to— activities affecting the quality of water, including enforcement of any court decrees, any claims the Fort Belknap Indian Community might have pending in any court of competent jurisdiction as of the date of enactment of this Act, and any claims under— the CERCLA, including 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 implementing the Acts described in clauses

(i)through (iii); damage, loss, or injury to land or natural resources that are not due to loss of water or water rights (including hunting, fishing, gathering, or cultural rights); and an action to prevent any person or party (as defined in sections 29 and 30 of article II of the Compact) from interfering with the enjoyment of the Tribal water rights; all claims arising under section 13(i) relating to the enforcement of any Federal, State, or Tribal law (including common law); all claims relating to off-Reservation hunting rights, fishing rights, gathering rights, or other rights; all claims relating to the right to use and protect water rights acquired after the date of enactment of this Act; all claims relating to the allocation of waters of the Milk River and the Milk River Project between the Fort Belknap Indian Community and the Blackfeet Tribe, pursuant to section 3705(e)(3) of the Blackfeet Water Rights Settlement Act ( Public Law 114–322 ; 130 Stat. 1818); and all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this Act or the Compact. Nothing in the Compact or this Act— affects the authority of the Fort Belknap Indian Community to enforce the laws of the Fort Belknap Indian Community, including with respect to environmental protections; affects the ability of the United States, acting as a sovereign, to take any action authorized by law (including regulations), 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 Safe Drinking Water Act ( 42 U.S.C. 300f et seq.); and CERCLA; affects the ability of the United States to act 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 relating to health, safety, or the environment; to determine the duties of the United States or any other party pursuant to a Federal law relating to health, safety, or the environment; to conduct judicial review of a Federal agency action; or to interpret Tribal law; or waives any claim of a member of the Fort Belknap Indian Community in an individual capacity that does not derive from a right of the Fort Belknap Indian Community. The enforceability date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— the members of the Fort Belknap Indian Community have 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 Fort Belknap Indian Community; the Montana Water Court has issued a final judgment and decree approving the Compact and that decision has become final and nonappealable; or if the Montana Water Court is found to lack jurisdiction, the appropriate United States district court has approved the Compact, and that decision has become final and nonappealable; all of the amounts authorized under section 12 have been appropriated and deposited in the designated accounts; the Secretary has executed the agreements with the Fort Belknap Indian Community as required under the Compact and this Act; the State has paid the requested amount under section 11(i); and the waivers and releases under subsection

(a)have been executed by the Fort Belknap Indian Community and the Secretary. 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 enforceability date. Nothing in this subsection revives any claim or tolls any period of limitations or time-based equitable defense that expired before the date of enactment of this Act. If the authority provided by this Act terminates under section 14— the approval by the United States of the Compact under section 4 shall no longer be effective; any waivers and releases executed by the Fort Belknap Indian Community under this section shall be void; any unexpended and unobligated Federal funds appropriated or made available to carry out the activities authorized by this Act, together with any interest earned on those funds, shall be returned to the Federal Government, unless otherwise agreed to by the Fort Belknap Indian Community and the United States; and all statutes of limitations applicable to any claim subject to the waiver shall be tolled until June 30, 2035.

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