Page:United States Statutes at Large Volume 102 Part 3.djvu/604

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 2556

Appropriation authorization.

PUBLIC LAW 100-512—OCT. 20, 1988

nity to use in the design and construction of facilities to put to beneficial use the Community's water entitlement, to defray the cost to the Community of CAP operation, maintenance and replacement charges, and for other economic and community development on the Salt River Indian Reservation. (b)(1) As soon as practicable, the Community shall establish the Salt River Community Trust Fund into which shall be deposited— (A) by the Secretary, the funds provided in paragraphs (2) and (3) of subsection (a), and (B) by the State of Arizona, $3,000,000 required by paragraph 20.2(b) of the Agreement. (c) There is hereby authorized to be appropriated $30,470,000 to carry out the provisions of paragraph (3) of subsection (a). (d) Upon the completion of the actions described in section 12(a), the Trust Fund, principal and income, may be used by the (Dommunity, in its discretion, to fulfill the purposes of the Agreement and this Act, but no part of such fund may be used to make per capita payments to members of the Community. (e) Effective with the payments into the Trust Fund by the Secretary of the amounts required under paragraph (A) of subsection (b)— (A) the Secretary shall have no further duties or responsibilities with respect to the administration of, or expenditures from the Trust Fund, and (B) the United States shall not be liable for any claim or cause of action arising from the Community's use and expenditure of moneys from the Trust Fund. SEC. 10. CLAIMS EXTINGUISHMENT; WAIVERS AND RELEASES.

(a)(1) There are extinguished— (A) all Allottees' claims against the United States for damages for deprivation of water rights through December 31, 1991; (B) all Allottees' claims against all persons other than the United States for damages for deprivation of water rights through December 31, 1991, for which damages are not recoverable under subparagraph (a)(l)(A) of this section; and (C) all rights of Allottees to assert claims against the United States and all other persons for declaratory, injunctive or other relief for the determination or enforcement of water rights for allotted lands, including rights to surface water, ground water, and effluent. (2) For purposes of paragraph (a)(1) of this section claims for water rights include all claims under Federal and State laws (including claims for water rights in ground water, surface water, and effluent) which may otherwise have been enforceable by money damages, declaratory relief, injunction, or other relief. (3) The benefits realized by the Allottees under this Act shall constitute full and complete satisfaction of all Allottees' claims for water rights under Federal and State laws (including claims for water rights in ground water, surface water, and effluent) that may accrue after the authorizations contained in paragraph (b)(l) of this section have become effective and which would otherwise have been enforceable by money damages, declaratory relief, injunction, or other relief. (4) Consent is given to Allottees to maintain actions, individually or as a class, against the United States in the United States Claims Court pursuant to section 1491 of title 28, United States Code, to