TRIBAL WAIVER AND RELEASE OF CLAIMS.

SEC. 10. TRIBAL WAIVER AND RELEASE OF CLAIMS. (a) Waiver and Release of Claims in General.—(1) Claims to water rights; claims for injuries to water rights or treaty rights.—Except as otherwise provided in this Act, the United States on behalf of the Tribe and the allottees, and the Tribe, waive and release—(A) all claims to water rights within the Snake River Basin (as defined in section 3); (B) all claims for injuries to such water rights; and (C) all claims for injuries to the treaty rights of the Tribe to the extent that such injuries result or resulted from flow modifications or reductions in the quantity of water available that accrued at any time up to and including the effective date of the settlement, and any continuation thereafter of any such claims, against the State, any agency or political subdivision of the State, or any person, entity, corporation, municipal corporation, or quasi-municipal corporation. (2) Claims based on reduced water quality or reductions in water quantity.—The United States on behalf of the Tribe and the allottees, and the Tribe, waive and release any claim, under any treaty theory, based on reduced water quality resulting directly from flow modifications or reductions in the quantity of water available in the Snake River Basin against any party to the Agreement. (3) No future assertion of claims.—No water right claim that the Tribe or the allottees have asserted or may in the future assert outside the Snake River Basin shall require water to be supplied from the Snake River Basin to satisfy the claim. (4) Effect of waivers and releases.—The waivers and releases by the United States and the Tribe under this subsection—(A) shall be permanent and enforceable; and 118 STAT. 3439(B) shall survive any subsequent termination of any component of the settlement described in the Agreement or this Act. (5) Effective date.—The waivers and releases under this subsection shall take effect on the date on which the Secretary causes to be published in the Federal Register a statement of findings that the actions set forth in section IV.L of the Agreement—(A) have been completed, including issuance of a judgment and decree by the SRBA court from which no further appeal may be taken; and (B) have been determined by the United States on behalf of the Tribe and the allottees, the Tribe, and the State of Idaho to be consistent in all material aspects with the Agreement. (b) Waiver and Release of Claims Against the United States.—(1) In general.—In consideration of performance by the United States of all actions required by the Agreement and this Act, including the appropriation of all funds authorized under sections 8(h) and 9(d)(1), the Tribe shall execute a waiver and release of the United States from—(A) all claims for water rights within the Snake River Basin, injuries to such water rights, or breach of trust claims for failure to protect, acquire, or develop such water rights that accrued at any time up to and including the effective date determined under paragraph (2); (B) all claims for injuries to the Tribe’s treaty fishing rights, to the extent that such injuries result or resulted from reductions in the quantity of water available in the Snake River Basin; (C) all claims of breach of trust for failure to protect Nez Perce springs or fountains treaty rights reserved in article VIII of the Treaty of June 9, 1863 (14 Stat. 651); and (D) all claims of breach of trust arising out of the negotiation of or resulting from the adoption of the Agreement. (2) Effective date.—(A) In general.—The waiver and release contained in this subsection shall take effect on the date on which the amounts authorized under sections 8(h) and 9(d)(1) are appropriated.(B) Periods of limitation; equitable claims.—(i) In general.—All periods of limitation and time-based equitable defenses applicable to the claims set forth in paragraph (1) are tolled for the period between the date of enactment of this Act until the earlier of—(I) the date on which the amounts authorized under sections 8(h) and 9(d)(1) are appropriated; or(II) October 1, 2017.(ii) Effect of subparagraph.—This subparagraph neither revives any claim nor tolls any period of limitation or time-based equitable defense that may have expired before the date of enactment of this Act.118 STAT. 3440(3) Defense.—The making of the amounts of appropriations authorized under sections 8(h) and 9(d)(1) shall constitute a complete defense to any claim pending in any court of the United States on the date on which the appropriations are made. (c) Retention of Rights.—(1) In general.—The Tribe shall retain all rights not specifically waived or released in the Agreement or this Act. (2) Dworshak project.—Nothing in the Agreement or this Act constitutes a waiver by the Tribe of any claim against the United States resulting from the construction and operation of the Dworshak Project (Project PWI 05090), other than those specified in subparagraphs (A) and (B) of subsection (b)(1). (3) Future acquisition of water rights.—Nothing in the Agreement or this Act precludes the Tribe or allottees, or the United States as trustee for the Tribe or allottees, from purchasing or otherwise acquiring water rights in the future to the same extent as any other entity in the State.