Sec. 3720. WAIVERS AND RELEASES OF CLAIMS
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## SEC. 3720 WAIVERS AND RELEASES OF CLAIMS ###
(a)In general ####
(1)Waiver and release of claims by tribe and united states as trustee for tribe Subject to the reservation of rights and retention of claims under subsection (c), as consideration for recognition of the Tribal water rights and other benefits as described in the Compact and this subtitle, the Tribe, acting on behalf of the Tribe and members of the Tribe (but not any member of the Tribe as an allottee), and the United States, acting as trustee for the Tribe and the members of the Tribe (but not any member of the Tribe as an allottee), shall execute a waiver and release of all claims for water rights within the State that the Tribe, or the United States acting as trustee for the Tribe, 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 subtitle. ####
(2)Waiver and release of claims by united states as trustee for allottees Subject to the reservation of rights and the retention of claims under subsection (c), as consideration for recognition of the Tribal water rights and other benefits as described in the Compact and this subtitle, the United States, acting as trustee for 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 subtitle. ####
(3)Waiver and release of claims by tribe against united states Subject to the reservation of rights and retention of claims under subsection (d), the Tribe, acting on behalf of the Tribe and members of the Tribe (but not any member of the Tribe 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)— #####
(A)relating to— ######
(i)water rights within the State that the United States, acting as trustee for the Tribe, asserted or could have asserted in any proceeding, including a stream adjudication in the State, except to the extent that such rights are recognized as Tribal water rights under this subtitle; ######
(ii)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, or taking of water, or claims relating to failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) within the State that first accrued at any time on or before the enforceability date; ######
(iii)a failure to establish or provide a municipal rural or industrial water delivery system on the Reservation; ######
(iv)a failure to provide for operation or maintenance, or deferred maintenance, for the Blackfeet Irrigation Project or any other irrigation system or irrigation project on the Reservation; ######
(v)the litigation of claims relating to the water rights of the Tribe in the State; and ######
(vi)the negotiation, execution, or adoption of the Compact (including exhibits) or this subtitle; #####
(B)reserved in subsections
(b)through
(d)of section 6 of the settlement for the case styled Blackfeet Tribe v. United States, No. 02-127L (Fed. Cl. 2012); and #####
(C)that first accrued at any time on or before the enforceability date— ######
(i)arising from the taking or acquisition of the land of the Tribe or resources for the construction of the features of the St. Mary Unit of the Milk River Project; ######
(ii)relating to the construction, operation, and maintenance of the St. Mary Unit of the Milk River Project, including Sherburne Dam, St. Mary Diversion Dam, St. Mary Canal and associated infrastructure, and the management of flows in Swiftcurrent Creek, including the diversion of Swiftcurrent Creek into Lower St. Mary Lake; ######
(iii)relating to the construction, operation, and management of Lower Two Medicine Dam and Reservoir and Four Horns Dam and Reservoir, including any claim relating to the failure to provide dam safety improvements for Four Horns Reservoir; or ######
(iv)relating to the allocation of waters of the Milk River and St. Mary River (including tributaries) between the United States and Canada pursuant to the International Boundary Waters Treaty of 1909 (36 Stat. 2448). ###
(b)Effectiveness The waivers and releases under subsection
(a)shall take effect on the enforceability date. ###
(c)Withdrawal of Objections The Tribe shall withdraw all objections to the water rights claims filed by the United States for the benefit of the Milk River Project, except objections to those claims consolidated for adjudication within Basin 40J, within 14 days of the certification under subsection (f)(5) that the Tribal membership has approved the Compact and this subtitle. ####
(1)Prior to withdrawal of the objections, the Tribe may seek leave of the Montana Water Court for a right to reinstate the objections in the event the conditions of enforceability in subsection (f)(1) through
(8)are not satisfied by the date of expiration described in section 3723 of this subtitle. ####
(2)If the conditions of enforceability in subsection (f)(1) through
(8)are satisfied, and any authority the Montana Water Court may have granted the Tribe to reinstate objections described in this section has not yet expired, the Tribe shall notify the Montana Water Court and the United States in writing that it will not exercise any such authority. ###
(d)Reservation of Rights and Retention of Claims Notwithstanding the waivers and releases under subsection (a), the Tribe, acting on behalf of the Tribe and members of the Tribe, and the United States, acting as trustee for the Tribe and allottees, shall retain— ####
(1)all claims relating to— #####
(A)enforcement of, or claims accruing after the enforceability date relating to water rights recognized under, the Compact, any final decree, or this subtitle; #####
(B)activities affecting the quality of water, including any claim under— ######
(i)the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including damages to natural resources; ######
(ii)the Safe Drinking Water Act (42 U.S.C. 300f et seq.); ######
(iii)the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) (commonly referred to as the “Clean Water Act”); and ######
(iv)any regulations implementing the Acts described in clauses
(i)through (iii); or #####
(C)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); ####
(2)all rights to use and protect water rights acquired after the date of enactment of this Act; and ####
(3)all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this subtitle or the Compact. ###
(e)Effect of Compact and Subtitle Nothing in the Compact or this subtitle— ####
(1)affects the ability of the United States, acting as a sovereign, to take any action authorized by law (including any law 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.) (commonly referred to as the “Clean Water Act”); and #####
(D)any regulations implementing the Acts described in subparagraphs
(A)through (C); ####
(2)affects the ability of the United States to act 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 any other party pursuant to a Federal law regarding health, safety, or the environment; or #####
(C)to conduct judicial review of a 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; ####
(5)revives any claim waived by the Tribe in the case styled Blackfeet Tribe v. United States, No. 02-127L (Fed. Cl. 2012); or ####
(6)revives any claim released by an allottee or a tribal member in the settlement for the case styled Cobell v. Salazar, No. 1:96CV01285-JR (D.D.C. 2012). ###
(f)Enforceability Date The enforceability date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— ####
(1)#####
(A)the Montana Water Court has approved the Compact, and that decision has become final and nonappealable; or #####
(B)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; ####
(2)all amounts authorized under section 3718(a) have been appropriated; ####
(3)the agreements required by sections 3706(c), 3707(f), and 3709(c) have been executed; ####
(4)the State 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, the Birch Creek Agreement, and this subtitle; ####
(5)the members of the Tribe have voted to approve this subtitle and the Compact by a majority of votes cast on the day of the vote, as certified by the Secretary and the Tribe; ####
(6)the Secretary has fulfilled the requirements of section 3709(a); ####
(7)the agreement or terms and conditions referred to in section 3705 are executed and final; and ####
(8)the waivers and releases described in subsection
(a)have been executed by the Tribe and the Secretary. ###
(g)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 during 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 subtitle 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. ###
(h)Expiration If all appropriations authorized by this subtitle have not been made available to the Secretary by January 21, 2025, or such alternative later date as is agreed to by the Tribe and the Secretary, the waivers and releases described in this section shall— ####
(1)expire; and ####
(2)have no further force or effect. ###
(i)Voiding of waivers If the waivers and releases described in this section are void under subsection (h)— ####
(1)the approval of the United States of the Compact under section 3704 shall no longer be effective; ####
(2)any unexpended Federal funds appropriated or made available to carry out the activities authorized by this subtitle, 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 under this subtitle 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 offset any Federal funds appropriated or made available to carry out the activities authorized under this subtitle that were expended or withdrawn, together with any interest accrued, 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 in any future settlement of the water rights of the Tribe or an allottee.
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- 36 Stat. 2448
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