12 2 STA T . 2 98 2 PUBLIC LA W 11 0– 29 7—J UL Y3 1 , 2008 (A)enforc e F e d er al en vi ron m en t al la ws re g arding t h e d u ties of the U nited S tates
or ( B ) conduct j udicial review of Federal agenc y action . ( b )U SEOFWAT E R . — ( 1 ) T R IB A LU SE.—With res p ect to water rights made avail - able under the Settlement Agreement— (A) the Tribe may use water made available to it under the Settlement Agreement for any use it deems advisable on the R eservation and on any other lands it owns or may ac q uire , in fee or in trust, contiguous to the Reservation or within the area of the groundwater basin described in section 2 . 4 of the Settlement Agreement; (B) such water rights shall be held in trust by the United States in perpetuity, and shall not be subject to forfeiture or abandonment; and ( C ) State law shall not apply to the Tribe ’ suseof water made available to it under the Settlement Agree- ment. (2) N O N -TRIBAL USE.— (A) CONTRA C TS AN D O P TIONS.—Subject to the limita- tions in subparagraph (B), the Tribe may enter into con- tracts and options to lease or contracts and options to e x change water made available to it under the Settlement Agreement, or enter into contracts and options to postpone existing water uses or postpone underta k ing new or expanded water uses. (B) L I M ITATIONS ON NON-TRIBAL USE.— (i) CONSISTENC YW IT H WATER MANA G EMENT PLAN.—Any water made available under subparagraph (A) shall only be used by participants in, or other users within the area of, the Water M anagement P lan described in section 2. 3 2 of the Settlement Agreement. (ii) PROHIBITION ON PERMANENT ALIENATION.—No contract under subparagraph (A) shall be for a term exceeding one hundred years, nor shall any contract under subparagraph (A) provide for permanent alien- ation of any portion of the water rights made available under the Settlement Agreement. (C) LIABILITY.—The Secretary shall not be liable to any party, including the Tribe, for any term of, or any loss or other detriment resulting from, a lease or contract entered into pursuant to this subparagraph. (c) RETENTION OF RIGHTS.— (1) I n the event the waivers and releases set out in section 8 of this Act do not become effective pursuant to section 1 0 (a) of this Act, the Soboba Tribe and the United States shall retain the right to assert all rights and claims enumerated in section 8, and any claims or defenses of the parties to the Settlement Agreement shall also be retained. (2) The parties expressly reserve all rights not specifically granted, recogni z ed, waived, or released by the Settlement Agreement or this Act. (3) Notwithstanding the waivers and releases set forth in section 8(a), the United States retains all claims relating to violations of the Clean Water Act, the Safe D rinking Water Act, the Comprehensive E nvironmental Response, Compensa- tion, and Liability Act, Resource Conservation and Recovery
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