H. R. 4818—630
in Idaho, including projects and programs intended to protect
and restore listed fish and their habitat in those basins, as
specified in the Agreement and this Act.
(2) RELEASE OF FUNDS.—The Secretary shall release funds
from the Idaho Salmon and Clearwater River Basins Habitat
Account in accordance with section 6(d)(2) of the Endangered
Species Act (16 U.S.C. 1535(d)(2)).
(3) NO ALLOCATION REQUIREMENT.—The use of the Fund
shall not be subject to the allocation procedures under section
6(d)(1) of the Endangered Species Act of 1973 (16 U.S.C.
1535(d)(1)).
(c) AVAILABILITY OF AMOUNTS IN THE FUND.—Amounts made
available under subsection (d) shall be available for expenditure
or withdrawal only after the waivers and releases under section
10(a) take effect.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated—
(1) to the Nez Perce Tribe Salmon and Clearwater River
Basins Habitat Account, $2,533,334 for each of fiscal years
2007 through 2011; and
(2) to the Idaho Salmon and Clearwater River Basins
Habitat Account, $5,066,666 for each of fiscal years 2007
through 2011.
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 pro-
vided 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 REDUC-
TIONS 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
H. R. 4818—631
(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 judg-
ment 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 Agree-
ment.
(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 subpara-
graph 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.