Sec. 410. WAIVERS AND RELEASES OF CLAIMS
2,056 words·~9 min read·
/statute-compilations/comps-13809/sec-410A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 410 WAIVERS AND RELEASES OF CLAIMS ###
(a)In general ####
(1)Waiver and release of claims by the tribe and the united states acting in its capacity as trustee for the tribe Subject to the retention of rights set forth in subsection (c), in return for recognition of the tribal water rights and other benefits as set forth in the Compact and this title, the Tribe, on behalf of itself and the members of the Tribe (but not tribal members in their capacities as allottees), and the United States, acting as trustee for the Tribe and the members of the Tribe (but not tribal members in their capacities as allottees), are authorized and directed to execute a waiver and release of all claims for water rights within the State of Montana that the Tribe, or the United States acting as trustee for the Tribe, asserted, or could have asserted, in any proceeding, including the State of Montana stream adjudication, prior to and including the enforceability date, except to the extent that such rights are recognized in the Compact or this title. ####
(2)Waiver and release of claims by the united states acting in its capacity as trustee for allottees Subject to the retention of rights set forth in subsection (c), in return for recognition of the water rights of the Tribe and other benefits as set forth in the Compact and this title, 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 Reservation and the ceded strip that the United States, acting as trustee for the allottees, asserted, or could have asserted, in any proceeding, including the State of Montana stream adjudication, prior to and including the enforceability date, except to the extent that such rights are recognized in the Compact or this title. ####
(3)Waiver and release of claims by the tribe against the united states Subject to the retention of rights set forth in subsection (c), the Tribe, on behalf of itself and the members of the Tribe (but not Tribal members in their capacities as allottees), is authorized to execute a waiver and release of— #####
(A)all claims against the United States, including the agencies and employees of the United States, relating to claims for water rights within the State of Montana that the United States, acting as trustee for the Tribe, asserted, or could have asserted, in any proceeding, including the State of Montana stream adjudication, except to the extent that such rights are recognized as tribal water rights in this title, including all claims relating in any manner to the claims reserved against the United States or agencies or employees of the United States in section 4(e) of the joint stipulation of settlement; #####
(B)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 claims relating to failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) within the State of Montana that first accrued at any time prior to and including the enforceability date, including all claims relating to the failure to establish or provide a municipal rural or industrial water delivery system on the Reservation and all claims relating to the failure to provide for, operate, or maintain the Crow Irrigation Project, or any other irrigation system or irrigation project on the Reservation; #####
(C)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 of Montana; #####
(D)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) or this title; #####
(E)subject to the retention of rights set forth in subsection (c), all claims for monetary damages against the United States that first accrued at any time prior to and including the enforceability date with respect to— ######
(i)the failure to recognize or enforce the claim of the Tribe of title to land created by the movement of the Bighorn River; and ######
(ii)the failure to make productive use of that land created by the movement of the Bighorn River to which the Tribe has claimed title; #####
(F)all claims against the United States that first accrued at any time prior to and including the enforceability date arising from the taking or acquisition of the land of the Tribe or resources for the construction of the Yellowtail Dam; #####
(G)all claims against the United States that first accrued at any time prior to and including the enforceability date relating to the construction and operation of Yellowtail Dam and the management of Bighorn Lake; and #####
(H)all claims that first accrued at any time prior to and including the enforceability date relating to the generation, or the lack thereof, of power from Yellowtail Dam. ###
(b)Effectiveness of Waivers and Releases The waivers under subsection
(a)shall take effect on the enforceability date. ###
(c)Reservation of Rights and Retention of Claims Notwithstanding the waivers and releases authorized in this title, 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— ####
(1)all claims for enforcement of the Compact, any final decree, or this title; ####
(2)all rights to use and protect water rights acquired after the date of enactment of this Act; ####
(3)all claims relating to activities affecting the quality of water, including any claims the Tribe may have under— #####
(A)the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including for damages to natural resources; #####
(B)the Safe Drinking Water Act (42 U.S.C. 300f et seq.); #####
(C)the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and #####
(D)any regulations implementing the Acts described in subparagraphs
(A)through (C); ####
(4)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); ####
(5)all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this title or article VII(E) of the Compact; ####
(6)all claims against any person or entity other than the United States, including claims for monetary damages, with respect to— #####
(A)the claim of the Tribe of title to land created by the movement of the Bighorn River; and #####
(B)the productive use of that land created by the movement of the Bighorn River to which the Tribe has claimed title; and ####
(7)all claims that first accrued after the enforceability date with respect to claims otherwise waived in accordance with subparagraphs
(B)and
(E)through
(H)of subsection (a)(3). ###
(d)Effect of Compact and Title Nothing in the Compact or this title— ####
(1)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— #####
(A)the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); #####
(B)the Safe Drinking Water Act (42 U.S.C. 300f et seq.); #####
(C)the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and #####
(D)any regulations implementing the Acts described in subparagraphs
(A)through (C); ####
(2)affects the ability of the United States to take actions acting as trustee for any other Indian tribe or allottee of any other Indian tribe; ####
(3)confers jurisdiction on any State court— #####
(A)to interpret Federal law regarding health, safety, or the environment; #####
(B)to determine the duties of the United States or other parties pursuant to Federal law regarding health, safety, or the environment; or #####
(C)to conduct judicial review of Federal agency action; ####
(4)waives any claim of a member of the Tribe in an individual capacity that does not derive from a right of the Tribe; or ####
(5)revives any claims waived by the Tribe in the joint stipulation of settlement. ###
(e)Enforceability Date ####
(1)In general The enforceability date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— #####
(A)######
(i)the Montana Water Court has issued a final judgment and decree approving the Compact; or ######
(ii)if the Montana Water Court is found to lack jurisdiction, the district court of jurisdiction has approved the Compact as a consent decree and such approval is final; #####
(B)all of the funds made available under subsections
(c)through
(f)of section 414 have been deposited in the Fund; #####
(C)the Secretary has executed the agreements with the Tribe required by sections 405(a) and 406(a); #####
(D)the State of Montana 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; #####
(E)######
(i)the Tribe has ratified the Compact by submitting this title and the Compact to a vote by the tribal membership for approval or disapproval; and ######
(ii)the tribal membership has voted to approve this title and the Compact by a majority of votes cast on the day of the vote, as certified by the Secretary and the Tribe; #####
(F)the Secretary has fulfilled the requirements of section 408(a); and #####
(G)the waivers and releases authorized and set forth in subsection
(a)have been executed by the Tribe and the Secretary. ###
(f)Tolling of Claims ####
(1)In general 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 title are transferred to the Secretary. ####
(2)Effect of subsection 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. ###
(g)Expiration and Tolling In the event that all appropriations authorized by this Act have not been made available to the Secretary by June 30, 2030— ####
(1)the waivers authorized in this section shall expire and be of no further force or effect; and ####
(2)all statutes of limitations applicable to any claim otherwise waived shall be tolled until June 30, 2030. ###
(h)Voiding of Waivers If the waivers pursuant to this section are void under subsection (g)— ####
(1)the United States’ approval of the Compact under section 404 shall no longer be effective; ####
(2)any unexpended Federal funds appropriated or made available to carry out the activities authorized in this Act, together with any interest earned on those funds, and any water rights or contracts to use water and title to other property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized in 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 ####
(3)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 set off any Federal funds appropriated or made available to carry out the activities authorized in 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 of Montana asserted by the Tribe or in any future settlement of the water rights of the Crow Tribe.
Connectionstraces to 3
Traces to 3 documents
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources