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.
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