Pub. L. 111-11, tit. X, subtit. C, sec. 10809

MISCELLANEOUS.

EnactedYear: 2009Length: 401 wordsOfficial source
SEC. 10809. 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 subtitle.(b) Limitation of Claims and Rights.—Nothing in this subtitle—(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 Indian tribe in a judicial or administrative proceeding;(2) affects the ability of the United States, acting in its sovereign capacity, to take actions authorized by law, including any laws relating to health, safety, or the environment, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 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 constitutes an admission against interest by a party in any legal proceeding.(d) Reservation.—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) Jurisdiction.—(1) Subject matter jurisdiction.—Nothing in the Agreement or this subtitle 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 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.123 STAT. 1414(4) Effect of subsection.—Nothing in this subsection confers jurisdiction on any State court to—(A) interpret Federal law regarding the health, safety, or the environment or determine the duties of the United States or other parties pursuant to such Federal law; or(B) conduct judicial review of a Federal agency action.
Pub. L. 111-11, tit. X, subtit. C, sec. 10809: MISCELLANEOUS. | Justis AI