Page:United States Statutes at Large Volume 106 Part 6.djvu/97

This page needs to be proofread.


PUBLIC LAW 102-575—OCT. 30, 1992 106 STAT. 4655 in those cases where the Tribal Development Plan can demonstrate with specificity a compelling need to utilize principal in addition to income for the Tribal Development Plan. (d) No funds from the Trioal Development Fund shall be obligated or expended by the Secretary for any economic project to be developed or constructed pursuant to subsection (c) of this section, unless the Secretary has complied fully with the requirements of applicable fish, wildlife, recreation, and environmental laws, inclumng the National Environmental Policy Act of 1969 (43 U.S.C. 4321 et seq.). SEC. 607. WAIVER OF CLAIMS. (a) GENERAL AUTHORITY.—The Tribe is authorized to waive and release claims concerning or related to water rights as described below. (b) DESCRIPTION OF CLAIMS. —The Tribe shall waive, upon receipt of the section 504, 505, and 506 moneys, any and all claims relating to its water rights covered under the agreement of September 20, 1965, including claims by the Tribe that it retains the right to develop lands as set forth in the Ute Indian Compact and deferred in such agreement. Nothing in this waiver of claims shall prevent the Tribe from enforcing rights granted to it under this /u:t or under the Compact. To the extent necessary to effect a complete release of the claims, the United States concurs in such release. (c) RESURRECTION OF CLAIMS. —In the event the Tribe does not receive on a timely basis the moneys described in section 502, the Tribe is authorized to bring an action for an accounting against the United States, if applicable, in the United States Claims Court for moneys owed plus interest at 10 percent, and against the District, if applicable, in the United States District Coiurt for the District of Utah foi' moneys owed plus interest at 10 percent. The United States and the District waive any defense based upon sovereign immunity in such proceedings. TITLE VI—ENDANGERED SPECIES ACT AND NATIONAL ENVIRONMENTAL POLICY ACT Notwithstanding any provision of titles II through V of this Act, nothing in suoi titles shall be interpreted as modifying or amending the provisions of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). TITLE Vn—LEADVILLE MINE DRAINAGE TUNNEL, COLORADO SEC. 701. AUTHORIZATION. The Secretary is authorized to construct, operate, and maintain a water treatment plant, including the disposal of sludge produced by said treatment plant as appropriate, and to install concrete Uning on the rehabilitated portion of the Leadville Mine Drainage Timnel, in order that water fiowing from the Leadville Tunnel may meet water quality standards, and to contract with the Colorado Division of Wildlife to monitor concentrations of heavy metal contaminants in water, stream sediment, and aquatic life in the Arkansas River downstream of the water treatment plant. 59-194 O—93 4: QL 3 (Pt. (!)