116 STAT. 2850 PUBLIC LAW 107-331—DEC. 13, 2002 enactment of this title which he above or below, the mean high water mark of the Arkansas River, except for the Disclaimed Drybed Lands; and (C) the Indian Nations do not relinquish any right, title, or interest in any lands or minerals of certain unallotted tracts which are identified in the official records of the Eastern Oklahoma Regional Office, Bureau of Indian Affairs. The disclaimer to be filed by the Secretary of the Interior under section 605(b)(1) of this title shall reflect the legal description of the unallotted tracts retained by the Nations. (3) SETOFF.— In the event the Court of Federal Claims does not enter the consent decree as set forth in subsection (a), the United States shall be entitled to setoff against any claims of the Indian Nations as set forth in subsection (a), any funds transferred to the Indian Nations pursuant to section 606, and any interest accrued thereon up to the date of setoff. (4) QUIET TITLE ACTIONS. —Notwithstanding any other provision of law, neither the United States nor any department of the United States nor the Indian Nations shall be made parties to any quiet title lawsuit or other lawsuit to determine ownership of or an interest in the Disclaimed Drybed Lands initiated by any private person or private entity after execution of the disclaimer set out in section 605(b)(1). The United States will have no obligation to undertake any future quiet title actions or actions for the recovery of lands or funds relating to any Drybed Lands retained by the Indian Nation or Indian Nations under this title, including any lands which are Wetbed Lands on the date of enactment of this title, but which subsequently lie above the mean high water mark of the Arkansas River and the failure or declination to initiate any quiet title action or to manage any such Drybed Lands shall not constitute a breach of trust by the United States or be compensable to the Indian Nation or Indian Nations in any manner. (5) LAND TO BE CONVEYED IN FEE. — TO the extent that the United States determines that it is able to effectively maintain the McClellan-Kerr Navigation Way without retaining title to lands above the high water mark of the Arkansas River as of the date of enactment of this title, said lands, after being declared surplus, shall be conveyed in fee to the Indian Nation within whose boundary the land is located. The United States shall not be obligated to accept such property in trust. (c) AUTHORIZATION FOR SETTLEMENT APPROPRIATIONS.— There is authorized to be appropriated an aggregate sum of $40,000,000 as follows: (1) $10,000,000 for fiscal year 2004. (2) $10,000,000 for fiscal year 2005. (3) $10,000,000 for fiscal year 2006. (4) $10,000,000 for fiscal year 2007. (d) ALLOCATION AND DEPOSIT OF FUNDS. —After payment pursuant to section 607, the remaining funds authorized for appropriation under subsection (c) shall be allocated among the Indian Nations as follows: (1) 50 percent to be deposited into the trust fund account established under section 606 for the Cherokee Nation. (2) 37.5 percent to be deposited into the trust fund account established under section 606 for the Choctaw Nation.
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