Sec. 107. 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 Agreement and this title, the Tribe and the United States, acting as trustee for the Tribe, shall execute a waiver and release of all claims for— water rights within the Zuni River Stream System that the Tribe, or the United States acting as trustee for the Tribe, asserted or could have asserted in any proceeding, including the Adjudication, on or before the Enforceability Date, except to the extent that such rights are recognized in the Agreement and this title; and damages, losses, or injuries to water rights or claims of interference with, diversion of, or taking of water rights (including claims for injury to land resulting from such damages, losses, injuries, interference, diversion, or taking of water rights) in the Zuni River Stream System against any party to the Agreement that accrued at any time up to and including the Enforceability Date.
Subject to the reservation of rights and retention of claims under subsection (d), the Tribe shall execute a waiver and release of all claims against the United States (including any agency or employee of the United States) for water rights within the Zuni River Stream System first arising before the Enforceability Date relating to— water rights within the Zuni River Stream System that the United States, acting as trustee for the Tribe, asserted or could have asserted in any proceeding, including the Adjudication, except to the extent that such rights are recognized as part of the Tribal Water Rights under this title; foregone benefits from non-Indian use of water, on and off Zuni Lands (including water from all sources and for all uses), within the Zuni River Stream System; 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 due to loss of water or water rights, claims relating to interference with, diversion of, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) within the Zuni River Stream System; a failure to establish or provide a municipal, rural, or industrial water delivery system on Zuni Lands within the Zuni River Stream System; damage, loss, or injury to water, water rights, land, or natural resources due to construction, operation, and management of irrigation projects on Zuni Lands or Federal land (including damages, losses, or injuries to fish habitat, wildlife, and wildlife habitat) within the Zuni River Stream System; a failure to provide for operation, maintenance, or deferred maintenance for any irrigation system or irrigation project within the Zuni River Stream System; a failure to provide a dam safety improvement to a dam on Zuni Lands within the Zuni River Stream System; the litigation of claims relating to any water right of the Tribe within the Zuni River Stream System; and the negotiation, execution, or adoption of the Agreement and this title.
The waivers and releases described in subsections
(a)and
(b)shall take effect on the Enforceability Date. Notwithstanding the waivers and releases under subsections
(a)and (b), the Tribe and the United States, acting as trustee for the Tribe, shall retain all claims relating to— the enforcement of, or claims accruing after the Enforceability Date relating to, water rights recognized under the Agreement, this title, or the Partial Final Judgment and Decree entered into in the Adjudication; activities affecting the quality of water, including claims 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 implementing the Acts described in subparagraphs
(A)through (C); the right to use and protect water rights acquired after the date of enactment of this Act; damage, loss, or injury to land or natural resources that is 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 title or the Agreement; and loss of water or water rights in locations outside of the Zuni River Stream System. Nothing in the Agreement or this title— reduces or extends the sovereignty (including civil and criminal jurisdiction) of any government entity; affects the ability of the United States, as sovereign, to carry out any activity authorized by law, 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. ); the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ); and any regulations implementing the Acts described in subparagraphs
(A)though (D); affects the ability of the United States to act as trustee for the Tribe (consistent with this title), any other Indian Tribe or Pueblo, or an allottee of any Indian Tribe or Pueblo; 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 under Federal law regarding health, safety, or the environment; to conduct judicial review of any Federal agency action; or to interpret Tribal law; or waives any claim of a member of the Tribe in an individual capacity that does not derive from a right of the Tribe. 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 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 limitation or any time-based equitable defense under any other applicable law. This title shall expire in any case in which the Secretary fails to publish a statement of findings under section 109 by not later than— July 1, 2030; or such alternative later date as is agreed to by the Tribe and the Secretary, after providing reasonable notice to the State. If this title expires under paragraph (1)— the waivers and releases under subsections
(a)and
(b)shall— expire; and have no further force or effect; the authorization, ratification, confirmation, and execution of the Agreement under section 103 shall no longer be effective; any action carried out by the Secretary, and any contract or agreement entered into, pursuant to this title shall be void; 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), and any water rights or contracts to use water, and title to any 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 otherwise agreed to by the Tribe and the United States and approved by Congress; and except for Federal funds used to acquire or construct property that is returned to the Federal Government under subparagraph (D), the United States shall be entitled to offset any Federal funds made available to carry out this title that were expended or withdrawn, or any funds made available to carry out this title from other Federal authorized sources, together with any interest accrued on those funds, against any claims against the United States— relating to— water rights in the State asserted by— the Tribe; or any user of the Tribal Water Rights; or any other matter described in subsection (b); or in any future settlement of water rights of the Tribe.
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