Page:United States Statutes at Large Volume 113 Part 3.djvu/263

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PUBLIC LAW 106-163—DEC. 9, 1999 113 STAT. 1781 of the Compact, except that in the event that the approval, ratification, and confirmation of the Compact by the United States becomes null and void under section 101(b), the Tribe shall have the right to exercise the rights set forth in Article VILA. 3 of the Compact. (b) WAIVER OF SOVEREIGN IMMUNITY.— Except to the extent provided in subsections (a), (b), and (c) of section 208 of the Department of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing in this Act may be construed to waive the sovereign immunity of the United States. (c) TRIBAL RELEASE OF CLAIMS AGAINST THE UNITED STATES.— (1) IN GENERAL. — Pursuant to Tribal Resolution No. 40- Effective date. 98, and in exchange for benefits under this Act, the Tribe shall, on the date of enactment of this Act, execute a waiver and release of the claims described in paragraph (2) against the United States, the validity of which are not recognized by the United States, except that— (A) the waiver and release of claims shall not become effective until the appropriation of the funds authorized in section 105, the water allocation in section 201, and the appropriation of funds for the MR&I feasibility study authorized in section 204 have been completed and the decree has become final in accordance with the requirements of section 101(b); and (B) in the event that the approval, ratification, and confirmation of the Compact by the United States becomes null and void under section 101(b), the waiver and release of claims shall become null and void. (2) CLAIMS DESCRIBED.—The claims referred to in paragraph (1) are as follows: (A) Any and all claims to water rights (including water rights in surface water, ground water, and effluent), claims for injuries to water rights, claims for loss or deprivation of use of water rights, and claims for failure to acquire or develop water rights for lands of the Tribe from time immemorial to the date of ratification of the Compact by Congress. (B) Any and all claims arising out of the negotiation of the Compact and the settlement authorized by this Act. (3) SETOFFS. —In the event the waiver and release do not become effective as set forth in paragraph (1)— (A) the United States shall be entitled to setoff against ,;-: any claim for damages asserted by the Tribe against the United States, any funds transferred to the Tribe pursuant to section 104, and any interest accrued thereon up to the date of setoff; and (B) the United States shall retain any other claims or defenses not waived in this Act or in the Compact as modified by this Act. (d) OTHER TRIBES NOT ADVERSELY AFFECTED.— Nothing in this Act shall be construed to quantify or otherwise adversely affect the land and water rights, or claims or entitlements to land or water of an Indian tribe other than the Chippewa Cree Tribe. (e) ENVIRONMENTAL COMPLIANCE.— In implementing the Compact, the Secretary shall comply with all aspects of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and all other applicable environmental Acts and regulations.