for the Tribe asserted or could have asserted in any 
proceeding; 
(2) all claims against the United States, its 
agents, or employees relating to damages, losses, or 
injuries to water, water rights, land, or natural re-
sources due to the loss of water or water rights (in-
cluding but not limited to damages, losses, or inju-
ries to hunting, fishing, gathering, or cultural rights 
due to the loss of water or water rights; claims relat-
ing to interference with, diversion, or taking of 
water or water rights; or claims relating to failure 
to protect, acquire, replace, or develop water, water 
rights, or water infrastructure) in the Delaware 
River Basin that first accrued at any time up to and 
including the enforcement date; provided, however, 
that the claims herein in section 8(b)(2) are not 
waived until such time as appropriations for water- 
related infrastructure for the Upper Delaware and 
Tributaries Watershed Plan referenced in section 7 
herein are paid, and then to the extent of the 
amount of the appropriations; and 
(3) all claims against the United States, its 
agents, or employees. 
(c) RESERVATION AND RETENTION OF RIGHTS.— 
Notwithstanding the waivers and releases set forth above, 
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the Tribe on behalf of itself and its members and allottees, 
and the United States acting in its capacity as trustee for 
the Tribe and its members and allottees, retain— 
(1) all claims for enforcement of the Agree-
ment; 
(2) all claims against persons other than the 
parties to the Agreement for damages, losses, or in-
juries to water rights or claims of interference with, 
diversion, or taking of water (including but not lim-
ited to claims for injury to lands resulting from such 
damages, losses, injuries, interference with, diver-
sion, or taking) in the Delaware River Basin; 
(3) all rights to use and protect water rights ac-
quired after the date of enactment of this Act; 
(4) all claims relating to activities affecting the 
quality of water, including but not limited to claims 
the Tribe might have under the Comprehensive En-
vironmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9601 et seq.) (including but 
not limited to claims for damages to natural re-
sources), the Safe Drinking Water Act (42 U.S.C. 
300f et seq.), the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.), all as amended, and 
regulations implementing those Acts; 
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(5) to the extent not waived by court order and 
related joint stipulation that the Tribe executed with 
the United States in 2012 as part of the litigation 
styled Nez Perce Tribe et al. v. Salazar et al., all 
claims relating to damages, losses, or injuries to 
land or natural resources not due to the loss of 
water or water rights (including but not limited to 
hunting, fishing, gathering, or cultural rights); and 
(6) all rights, remedies, privileges, immunities, 
powers, and claims not specifically waived and re-
leased pursuant to the Agreement. 
(d) EFFECT.—Nothing in the Agreement— 
(1) affects the ability of the United States act-
ing in its sovereign capacity to take actions author-
ized by law, including but not limited to any law re-
lating to health, safety, or the environment, includ-
ing but not limited to the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.), the Com-
prehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) 
(including but not limited to claims for damages to 
natural resources), the Safe Drinking Water Act (42 
U.S.C. 300f et seq.), and the Solid Waste Disposal 
Act (42 U.S.C. 6901 et seq.), all as amended, and 
regulations implementing those Acts; 
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(2) affects the ability of the United States to 
take actions acting in its capacity as trustee for any 
other Indian Tribe or allottee; and 
(3) waives any claim of a member of the Tribe 
in an individual capacity that does not derive from 
a right of the Tribe. 
SEC. 9. ENFORCEABILITY DATE. 
(a) IN GENERAL.—The Settlement Agreement and 
waivers shall take effect and be enforceable on the date 
on which the Secretary publishes in the Federal Register 
a statement of findings that— 
(1) the Settlement Agreement, as amended to 
conform with this Act, has been executed by the Sec-
retary of the Interior, the State, and the Tribe; and 
(2) the section 8 waivers and releases, except 
those in section 8(b)(2), have been executed. 
(b) TERM OF THE AGREEMENT.—The term of the 
Agreement shall commence on the effective date and shall 
continue perpetually. 
SEC. 10. JUDICIAL PROCEEDINGS. 
Upon the date of enactment of this Act, the judicial 
proceeding described in Article 10 of the Settlement 
Agreement shall be and is hereby authorized to be com-
menced. 
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SEC. 11. MISCELLANEOUS PROVISIONS. 
(a) WAIVER
OF SOVEREIGN IMMUNITY
BY
THE 
UNITED STATES.—Except as provided in subsections (a) 
through (c) of section 208 of the Department of Justice 
Appropriation Act, 1953 (43 U.S.C. 666), nothing in this 
Act waives the sovereign immunity of the United States. 
(b) PERFORMANCE BY THE UNITED STATES.—Per-
formance by the United States of its obligations under the 
Agreement that depend upon the appropriation of funds 
by Congress and the disbursement of such funds shall be 
contingent on such appropriation and disbursement. No 
liability that depends upon the appropriation of such funds 
shall accrue to the United States for failure to perform 
an obligation under the Agreement where funds necessary 
to enable such performance are not appropriated or paid. 
(c) OTHER TRIBES NOT ADVERSELY AFFECTED.— 
Nothing in this Act quantifies or diminishes any land or 
water rights, or any claim or entitlement to land or water, 
of an Indian Tribe, band, or community other than the 
Tribe. 
(d) LIMITATION
ON
CLAIMS
FOR
REIMBURSE-
MENT.—With respect to Indian land within the Reserva-
tion— 
(1) the United States shall not submit against 
any Indian-owned land located within the Reserva-
tion any claim for reimbursement of the cost to the 
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United States of carrying out this Act and the Set-
tlement Agreement; and 
(2) no assessment of any Indian-owned land lo-
cated within the Reservation shall be made regard-
ing that cost. 
(e) EFFECT ON CURRENT LAW.—Nothing in this sec-
tion affects any provision of law (including regulations) 
in effect on the day before the date of enactment of this 
Act with respect to preenforcement review of any Federal 
environmental enforcement action. 
(f) NO USE OF CONDEMNATION OR EMINENT DO-
MAIN.—Land or interests in land may not be acquired by 
condemnation or eminent domain under this Act or for 
the purposes of this Act. 
Æ 
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