Page:United States Statutes at Large Volume 123.djvu/1433

 123STA T . 1 4 13 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9theamoun t s autho riz e d to b ea p propriated under subse c tions ( b ) ( 3 ) and (c)(3) o f section 108 0 7 are appropriated . ( 2 ) EF F ECTO F SUBPAR A G RAP H . —N othin g in this subpara - graph re v ives an y c l aim or tolls any period of limitation or time-based e q uitable defense that e x pired before the date of enactment of this A ct. SEC.108 0 9 . MI SCE L L AN E OU S. (a) G E N ERA LDI SCLAI M ER.— T he 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 subtitle. (b) L IMITATION OF C LAIMS AN DR IGHTS.—Nothing in this sub- title— (1) establishes a standard for quantifying— (A) a F ederal reserved w ater right; ( B ) an aboriginal claim; or (C) any other water right claim of an I ndian tribe ina j udicial or administrative proceeding; (2) affects the ability of the U nited S tates, acting in its sovereign capacity, to ta k e actions authorized by law, including any laws relating to health, safety, or the environment, including the Comprehensive Environmental Response, Com- pensation, and Liability Act of 1 9 80( 4 2 U.S.C. 9 6 01 et seq.), the Safe Drinking W ater Act (42 U.S.C. 300f et seq.), the Federal Water P ollution Control Act (33 U.S.C. 12 5 1 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly known as the ‘ ‘Resource Conservation and Recovery Act of 1976 ’ ’), and the regulations implementing those Acts; (3) affects the ability of the United States to take actions, acting in its capacity as trustee for any other Tribe, Pueblo, or allottee; (4) waives any claim of a member of the Tribes in an individual capacity that does not derive from a right of the Tribes; or (5) limits the right of a party to the Agreement to litigate any issue not resolved by the Agreement or this subtitle. (c) ADMISSION AGAINST INTEREST.—Nothing in this subtitle con- stitutes an admission against interest by a party in any legal proceeding. (d) RESER V ATION.—The Reservation 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) J URISDICTION.— (1) SUB J ECT MATTER JURISDICTION.—Nothing in the Agree- ment or this subtitle restricts, enlarges, or otherwise determines the subject matter jurisdiction of any Federal, State, or tribal court. (2) CIVIL OR REGULATOR Y JURISDICTION.—Nothing in the Agreement or this subtitle impairs or impedes the exercise of any civil or regulatory authority 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 Agreement.