Pub. L. 108-447, div. J, tit. X, sec. 11
MISCELLANEOUS.
SEC. 11. MISCELLANEOUS. (a) General Disclaimer.—The parties expressly reserve all rights not specifically granted, recognized, or relinquished by the settlement described in the Agreement or this Act. (b) Disclaimer Regarding Other Agreements and Precedent.—(1) In general.—Subject to section 9(b)(3), nothing in this Act amends, supersedes, or preempts any State law, Federal law, Tribal law, or interstate compact that pertains to the Snake River Basin. (2) No establishment of standard.—Nothing in this Act—(A) establishes any standard for the quantification of Federal reserved water rights or any other Indian water claims of any other Indian tribes in any other judicial or administrative proceeding; or (B) limits the rights of the parties to litigate any issue not resolved by the Agreement or this Act. (3) No admission against interest.—Nothing in this Act constitutes an admission against interest against any party in any legal proceeding. (c) Treaty Rights.—Nothing in the Agreement or this Act impairs the treaty fishing, hunting, pasturing, or gathering rights of the Tribe except to the extent expressly provided in the Agreement or this Act. (d) Other Claims.—Nothing in the Agreement or this Act quantifies or otherwise affects the water rights, claims, or entitlements to water, or any other treaty right, of any Indian tribe, band, or community other than the Tribe. (e) Recreation on Dworshak Reservoir.—(1) In general.—In implementing the provisions of the Agreement and this Act relating to the use of water stored in Dworshak Reservoir for flow augmentation purposes, the heads of the Federal agencies involved in the operational Memorandum of Agreement referred to in the Agreement shall implement a flow augmentation plan beneficial to fish and consistent with the Agreement. 118 STAT. 3441(2) Contents of plan.—The flow augmentation plan may include provisions beneficial to recreational uses of the reservoir through maintenance of the full level of the reservoir for prolonged periods during the summer months. (f) Jurisdiction.—(1) No effect on 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) Consent to jurisdiction.—The United States consents to jurisdiction in a proper forum for purposes of enforcing the provisions of the Agreement. (3) Effect of subsection.—Nothing in this subsection confers jurisdiction on any State court to—(A) enforce Federal environmental laws regarding the duties of the United States; or (B) conduct judicial review of Federal agency action.