(C) LIMITATIONS.— 
(i) TIMING.—No amount from the 
Funds (including any interest income ac-
cruing to the Funds) shall be distributed 
until the waivers under section 8(a) take 
effect. 
(ii) 
NO
PER
CAPITA
DISTRIBU-
TIONS.—No amount from the Funds (in-
cluding any interest income accruing to the 
Funds) shall be distributed to a member of 
the Tribes on a per capita basis. 
(3) FUNDING
AGREEMENT.—Notwithstanding 
any other provision of this Act, on receipt of a re-
quest from the Tribes, the Secretary shall include an 
amount appropriated under this subsection in the 
funding agreement of the Tribes under title IV of 
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 458aa et seq.), for use in ac-
cordance with subsections (b)(2) and (c)(2). 
(4) LIABILITY.—The Secretary and the Sec-
retary of the Treasury shall not retain any liability 
for the expenditure or investment of amounts dis-
tributed to the Tribes under this subsection. 
(5) CAPITAL COSTS NONREIMBURSABLE.—The 
capital costs associated with the Duck Valley Indian 
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Irrigation Project as of the date of enactment of this 
Act, including any capital cost incurred with funds 
distributed under this subsection for that project, 
shall be permanently nonreimbursable. 
SEC. 8. TRIBAL WAIVER OF CLAIMS. 
(a) WAIVERS.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in the Agreement and this Act, the Tribes, and 
the United States on behalf of the Tribes, waive and 
release— 
(A) all claims to water in the East Fork of 
the Owyhee River and all claims to injury relat-
ing to that water; and 
(B) all claims against the State, any agen-
cy or political subdivision of the State, or any 
person, entity, or corporation relating to injury 
to a right of the Tribe under any Executive 
order entered on behalf of the Tribes, to the ex-
tent that the injury— 
(i) resulted from a flow modification 
or a reduction in the quantity of water 
available; and 
(ii) accrued on or before the effective 
date of the Agreement. 
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(2) ENFORCEMENT OF WAIVERS.—A waiver of 
a claim under this subsection by the Tribes, or the 
United States on behalf of the Tribes, shall be en-
forceable in the appropriate forum. 
(3) EFFECTIVE DATE.—A waiver by the Tribes, 
or the United States on behalf of the Tribes, of a 
claim under this subsection shall take effect on the 
date on which the Secretary publishes in the Federal 
Register a statement of findings that includes a 
finding that— 
(A) all parties to the Agreement have exe-
cuted the Agreement; 
(B) a decree acceptable to each party to 
the Agreement has been entered by the Fourth 
Judicial District Court, Elko County, Nevada; 
and 
(C) the Agreement has been ratified under 
section 5(a). 
(b) WAIVER AND RELEASE OF CLAIMS AGAINST THE 
UNITED STATES.— 
(1) IN GENERAL.—In consideration of perform-
ance by the United States of all actions required by 
the Agreement and this Act, including the authoriza-
tion of appropriations under subsections (b)(3) and 
(c)(3) of section 7, the Tribe shall execute a waiver 
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and release of any claim against the United States 
for— 
(A) a water right in the East Fork of the 
Owyhee River; 
(B) an injury to a right described in sub-
paragraph (A); 
(C) breach of trust— 
(i) for failure to protect, acquire, or 
develop a water right that accrued on or 
before the effective date of a waiver under 
this subsection; or 
(ii) arising out of the negotiation or 
adoption of the Agreement; or 
(D) a fishing right under any Executive 
order, to the extent that an injury to such a 
right— 
(i) resulted from a reduction in the 
quantity of water available in the East 
Fork of the Owyhee River; and 
(ii) accrued on or before the effective 
date of a waiver under this subsection. 
(2) EFFECTIVE DATE.— 
(A) IN GENERAL.—The waiver under para-
graph (1) takes effect on the date on which the 
amounts authorized to be appropriated under 
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subsections (b)(3) and (c)(3) of section 7 are 
distributed to the Tribes. 
(B) TOLLING OF CLAIMS.— 
(i) IN GENERAL.—Each applicable pe-
riod of limitation and time-based equitable 
defense relating to a claim described in 
paragraph (1) shall be tolled for the period 
beginning on the date of enactment of this 
Act and ending on the date on which the 
amounts authorized to be appropriated 
under subsections (b)(3) and (c)(3) of sec-
tion 7 are distributed to the Tribes. 
(ii) EFFECT
OF
SUBPARAGRAPH.— 
Nothing in this subparagraph revives any 
claim or tolls any period of limitation or 
time-based equitable defense that expired 
before the date of enactment of this Act. 
(c) RETENTION OF RIGHTS.— 
(1) IN GENERAL.—The Tribes shall retain all 
rights not waived by the Tribes, or the United 
States on behalf of the Tribes, in the Agreement or 
this Act. 
(2) CLAIMS OUTSIDE RESERVATION.—Nothing 
in the Agreement or this Act shall be considered to 
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be a waiver by the Tribes of any claim to a right on 
land outside the Duck Valley Indian Reservation. 
(3) FUTURE ACQUISITION OF WATER RIGHTS.— 
Nothing in the Agreement or this Act precludes the 
Tribes, or the United States as trustee for the 
Tribes, from acquiring a water right in the State to 
the same extent as any other entity in the State, in 
accordance with State law. 
SEC. 9. MISCELLANEOUS. 
(a) GENERAL DISCLAIMER.—The parties to the 
Agreement expressly reserve all rights not specifically 
granted, recognized, or relinquished by— 
(1) the settlement described in the Agreement; 
or 
(2) this Act. 
(b) LIMITATION OF CLAIMS AND RIGHTS.—Nothing 
in this Act— 
(1) establishes a standard for quantifying— 
(A) a Federal reserved water right; 
(B) an aboriginal claim; or 
(C) any other water right claim of an In-
dian tribe in a judicial or administrative pro-
ceeding; or 
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(2) limits the right of a party to the Agreement 
to litigate any issue not resolved by the Agreement 
or this Act. 
(c) ADMISSION AGAINST INTEREST.—Nothing in this 
Act shall be considered to be an admission against interest 
by a party in any legal proceeding. 
(d) DUCK VALLEY RESERVATION.—The Duck Valley 
Indian Reservation established by the Executive order 
dated April 16, 1877, as adjusted pursuant to the Execu-
tive order dated May 4, 1886, and Executive order num-
bered 1222 and dated July 1, 1910, for use and occupa-
tion by the Western Shoshones and the Paddy Cap Band 
of Paiutes shall be— 
(1) considered to be the property of the Tribes; 
and 
(2) permanently held in trust by the United 
States for the sole use and benefit of the Tribes. 
(e) JURISDICTION.— 
(1) SUBJECT MATTER JURISDICTION.—Nothing 
in the Agreement or this Act restricts, enlarges, or 
otherwise determines the subject matter jurisdiction 
of any Federal, State, or tribal court. 
(2) CIVIL
OR
REGULATORY
JURISDICTION.— 
Nothing in the Agreement or this Act impairs or im-
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pedes the exercise of any civil or regulatory author-
ity of the United States, the State, or the Tribes. 
(3) CONSENT TO JURISDICTION.—The United 
States consents to jurisdiction in a proper forum for 
purposes of enforcing the provisions of the Agree-
ment. 
(4) EFFECT OF SUBSECTION.—Nothing in this 
subsection confers jurisdiction on any State court 
to— 
(A) enforce Federal environmental laws re-
lating to the duties of the United States under 
this Act; or 
(B) conduct judicial review of a Federal 
agency action in accordance with this Act. 
Æ 
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