II 

110TH CONGRESS 

2D SESSION H. R. 5293 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22 (legislative day, SEPTEMBER 17), 2008 

Received 

AN ACT 

To approve the settlement of the water rights claims of 

the Shoshone-Paiute Tribes of the Duck Valley Reservation in Nevada, to require the Secretary of the Interior 

to carry out the settlement, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Shoshone-Paiute 

3 Tribes of the Duck Valley Reservation Water Rights Set4 tlement Act’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds that— 

7 (1) it is the policy of the United States, in ac8 cordance with the trust responsibility of the United 

9 States to Indian tribes, to promote Indian self-deter10 mination and economic self-sufficiency and to settle 

11 Indian water rights claims without lengthy and cost12 ly litigation, if practicable; 

13 (2) quantifying rights to water and development 

14 of facilities needed to use tribal water supplies is es15 sential to the development of viable Indian reserva16 tion economies and the establishment of a perma17 nent reservation homeland; 

18 (3) uncertainty concerning the extent of the 

19 Shoshone-Paiute Tribes’ water rights has resulted in 

20 limited access to water and inadequate financial re21 sources necessary to achieve self-determination and 

22 self-sufficiency; 

23 (4) in 2006, the Tribes, the State of Idaho, the 

24 affected individual water users, and the United 

25 States resolved all tribal claims to water rights in 

26 the Snake River Basin Adjudication through a conVerDate Aug 31 2005 23:30 Dec 30, 2008 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RDS H5293

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1 sent decree entered by the District Court of the 

2 Fifth Judicial District of the State of Idaho, requir3 ing no further Federal action to quantify the Tribes’ 

4 water rights in the State of Idaho; 

5 (5) as of the date of enactment of this Act, pro6 ceedings to determine the extent and nature of the 

7 water rights of the Tribes in the East Fork of the 

8 Owyhee River in Nevada are pending before the Ne9 vada State Engineer; 

10 (6) final resolution of the Tribes’ water claims 

11 in the East Fork of the Owyhee River adjudication 

12 will— 

13 (A) take many years; 

14 (B) entail great expense; 

15 (C) continue to limit the access of the 

16 Tribes to water, with economic and social con17 sequences; 

18 (D) prolong uncertainty relating to the 

19 availability of water supplies; and 

20 (E) seriously impair long-term economic 

21 planning and development for all parties to the 

22 litigation; 

23 (7) after many years of negotiation, the Tribes, 

24 the State, and the upstream water users have en25 tered into a settlement agreement to resolve permaVerDate Aug 31 2005 23:30 Dec 30, 2008 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RDS H5293

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1 nently all water rights of the Tribes in the State; 

2 and 

3 (8) the Tribes also seek to resolve certain 

4 water-related claims for damages against the United 

5 States. 

6 SEC. 3. PURPOSES. 

7 The purposes of this Act are— 

8 (1) to resolve outstanding issues with respect to 

9 the East Fork of the Owyhee River in the State in 

10 such a manner as to provide important benefits to— 

11 (A) the United States; 

12 (B) the State; 

13 (C) the Tribes; and 

14 (D) the upstream water users; 

15 (2) to achieve a fair, equitable, and final settle16 ment of all claims of the Tribes, members of the 

17 Tribes, and the United States on behalf of the 

18 Tribes and members of Tribes to the waters of the 

19 East Fork of the Owyhee River in the State; 

20 (3) to ratify and provide for the enforcement of 

21 the Agreement among the parties to the litigation; 

22 (4) to resolve the Tribes’ water-related claims 

23 for damages against the United States; 


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1 (5) to require the Secretary to perform all obli2 gations of the Secretary under the Agreement and 

3 this Act; and 

4 (6) to authorize the actions and appropriations 

5 necessary to meet the obligations of the United 

6 States under the Agreement and this Act. 

7 SEC. 4. DEFINITIONS. 

8 In this Act: 

9 (1) AGREEMENT.—The term ‘‘Agreement’’ 

10 means the agreement entitled the ‘‘Agreement to Es11 tablish the Relative Water Rights of the Shoshone12 Paiute Tribes of the Duck Valley Reservation and 

13 the Upstream Water Users, East Fork Owyhee 

14 River’’ and signed in counterpart between, on, or 

15 about September 22, 2006, and January 15, 2007 

16 (including all attachments to that Agreement). 

17 (2) DEVELOPMENT FUND.—The term ‘‘Devel18 opment Fund’’ means the Shoshone-Paiute Tribes 

19 Water Rights Development Fund established by sec20 tion 8(b)(1). 

21 (3) EAST FORK OF THE OWYHEE RIVER.—The 

22 term ‘‘East Fork of the Owyhee River’’ means the 

23 portion of the east fork of the Owyhee River that is 

24 located in the State. 


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1 (4) MAINTENANCE FUND.—The term ‘‘Mainte2 nance Fund’’ means the Shoshone-Paiute Tribes Op3 eration and Maintenance Fund established by sec4 tion 8(c)(1). 

5 (5) RESERVATION.—The term ‘‘Reservation’’ 

6 means the Duck Valley Reservation established by 

7 the Executive order dated April 16, 1877, as ad8 justed pursuant to the Executive order dated May 4, 

9 1886, and Executive order numbered 1222 and 

10 dated July 1, 1910, for use and occupation by the 

11 Western Shoshones and the Paddy Cap Band of Pai12 utes. 

13 (6) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of the Interior. 

15 (7) STATE.—The term ‘‘State’’ means the State 

16 of Nevada. 

17 (8) TRIBAL WATER RIGHTS.—The term ‘‘tribal 

18 water rights’’ means rights of the Tribes described 

19 in the Agreement relating to water, including 

20 groundwater, storage water, and surface water. 

21 (9) TRIBES.—The term ‘‘Tribes’’ means the 

22 Shoshone-Paiute Tribes of the Duck Valley Reserva23 tion. 


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1 (10) UPSTREAM WATER USER.—The term ‘‘up2 stream water user’’ means a non-Federal water user 

3 that— 

4 (A) is located upstream from the Reserva5 tion on the East Fork of the Owyhee River; and 

6 (B) is a signatory to the Agreement as a 

7 party to the East Fork of the Owyhee River ad8 judication. 

9 SEC. 5. APPROVAL, RATIFICATION, AND CONFIRMATION OF 

10 AGREEMENT; AUTHORIZATION. 

11 (a) IN GENERAL.—Except as provided in subsection 

12 (c) and except to the extent that the Agreement otherwise 

13 conflicts with provisions of this Act, the Agreement is ap14 proved, ratified, and confirmed. 

15 (b) SECRETARIAL AUTHORIZATION.—The Secretary 

16 is authorized and directed to execute the Agreement as 

17 approved by Congress. 

18 (c) EXCEPTION FOR TRIBAL WATER MARKETING.— 

19 Notwithstanding any language in the Agreement to the 

20 contrary, nothing in this Act authorizes the Tribes to use 

21 or authorize others to use tribal water rights off the Res22 ervation, other than use for storage at Wild Horse Res23 ervoir for use on tribal land and for the allocation of 265 

24 acre feet to upstream water users under the Agreement, 

25 or use on tribal land off the Reservation. 


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1 (d) ENVIRONMENTAL COMPLIANCE.—Execution of 

2 the Agreement by the Secretary under this section shall 

3 not constitute major Federal action under the National 

4 Environmental Policy Act (42 U.S.C. 4321 et seq.). The 

5 Secretary shall carry out all environmental compliance re6 quired by Federal law in implementing the Agreement. 

7 (e) PERFORMANCE OF OBLIGATIONS.—The Secretary 

8 and any other head of a Federal agency obligated under 

9 the Agreement shall perform actions necessary to carry 

10 out an obligation under the Agreement in accordance with 

11 this Act. 

12 SEC. 6. TRIBAL WATER RIGHTS. 

13 (a) IN GENERAL.—Tribal water rights shall be held 

14 in trust by the United States for the benefit of the Tribes. 

15 (b) ADMINISTRATION.— 

16 (1) ENACTMENT OF WATER CODE.—Not later 

17 than 3 years after the date of enactment of this Act, 

18 the Tribes, in accordance with provisions of the 

19 Tribes’ constitution and subject to the approval of 

20 the Secretary, shall enact a water code to administer 

21 tribal water rights. 

22 (2) INTERIM ADMINISTRATION.—The Secretary 

23 shall regulate the tribal water rights during the pe24 riod beginning on the date of enactment of this Act 


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1 and ending on the date on which the Tribes enact 

2 a water code under paragraph (1). 

3 (c) TRIBAL WATER RIGHTS NOT SUBJECT TO

4 LOSS.—The tribal water rights shall not be subject to loss 

5 by abandonment, forfeiture, or nonuse. 

6 SEC. 7. DUCK VALLEY INDIAN IRRIGATION PROJECT. 

7 (a) STATUS OF THE DUCK VALLEY INDIAN IRRIGA8 TION PROJECT.—Nothing in this Act shall affect the sta9 tus of the Duck Valley Indian Irrigation Project under 

10 Federal law. 

11 (b) CAPITAL COSTS NONREIMBURSABLE.—The cap12 ital costs associated with the Duck Valley Indian Irriga13 tion Project as of the date of enactment of this Act, in14 cluding any capital cost incurred with funds distributed 

15 under this Act for the Duck Valley Indian Irrigation 

16 Project, shall be nonreimbursable. 

17 SEC. 8. DEVELOPMENT AND MAINTENANCE FUNDS. 

18 (a) DEFINITION OF FUNDS.—In this section, the 

19 term ‘‘Funds’’ means— 

20 (1) the Development Fund; and 

21 (2) the Maintenance Fund. 

22 (b) DEVELOPMENT FUND.— 

23 (1) ESTABLISHMENT.—There is established in 

24 the Treasury of the United States a fund to be 


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1 known as the ‘‘Shoshone-Paiute Tribes Water 

2 Rights Development Fund’’. 

3 (2) USE OF FUNDS.— 

4 (A) PRIORITY USE OF FUNDS FOR REHA5 BILITATION.—The Tribes shall use amounts in 

6 the Development Fund to— 

7 (i) rehabilitate the Duck Valley Indian 

8 Irrigation Project; or 

9 (ii) for other purposes under subpara10 graph (B), provided that the Tribes have 

11 given written notification to the Secretary 

12 that— 

13 (I) the Duck Valley Indian Irri14 gation Project has been rehabilitated 

15 to an acceptable condition; or 

16 (II) sufficient funds will remain 

17 available from the Development Fund 

18 to rehabilitate the Duck Valley Indian 

19 Irrigation Project to an acceptable 

20 condition after expending funds for 

21 other purposes under subparagraph 

22 (B). 

23 (B) OTHER USES OF FUNDS.—Once the 

24 Tribes have provided written notification as 

25 provided in subparagraph (A)(ii)(I) or 


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1 (A)(ii)(II), the Tribes may use amounts from 

2 the Development Fund for any of the following 

3 purposes: 

4 (i) To expand the Duck Valley Indian 

5 Irrigation Project. 

6 (ii) To pay or reimburse costs in7 curred by the Tribes in acquiring land and 

8 water rights. 

9 (iii) For purposes of cultural preserva10 tion. 

11 (iv) To restore or improve fish or 

12 wildlife habitat. 

13 (v) For fish or wildlife production, 

14 water resource development, or agricultural 

15 development. 

16 (vi) For water resource planning and 

17 development. 

18 (vii) To pay the costs of— 

19 (I) designing and constructing 

20 water supply and sewer systems for 

21 tribal communities, including a water 

22 quality testing laboratory; 

23 (II) other appropriate water-re24 lated projects and other related eco25 nomic development projects; 


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1 (III) the development of a water 

2 code; and 

3 (IV) other costs of implementing 

4 the Agreement. 

5 (3) AUTHORIZATION OF APPROPRIATIONS.—For 

6 each of fiscal years 2009 through 2013, there is au7 thorized to be appropriated to the Secretary for de8 posit in the Development Fund an amount equal to 

9 the sum of— 

10 (A) $9,000,000; and 

11 (B) the interest that would have accrued 

12 during the preceding fiscal year on balances 

13 held in the Development Fund, as calculated 

14 using the applicable rate for interest-bearing 

15 obligations of the United States. 

16 (c) MAINTENANCE FUND.— 

17 (1) ESTABLISHMENT.—There is established in 

18 the Treasury of the United States a fund to be 

19 known as the ‘‘Shoshone-Paiute Tribes Operation 

20 and Maintenance Fund’’. 

21 (2) USE OF FUNDS.—The Tribes shall use 

22 amounts in the Maintenance Fund to pay or provide 

23 reimbursement for— 

24 (A) operation, maintenance, and replace25 ment costs of the Duck Valley Indian Irrigation 


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1 Project and other water-related projects funded 

2 under this Act; or 

3 (B) operation, maintenance, and replace4 ment costs of water supply and sewer systems 

5 for tribal communities, including the operation 

6 and maintenance costs of a water quality test7 ing laboratory. 

8 (3) AUTHORIZATION OF APPROPRIATIONS.—For 

9 each of fiscal years 2009 through 2013, there is au10 thorized to be appropriated to the Secretary for de11 posit in the Maintenance Fund an amount equal to 

12 the sum of— 

13 (A) $3,000,000; and 

14 (B) the interest that would have accrued 

15 during the preceding fiscal year on balances 

16 held in the Maintenance Fund, as calculated 

17 using the applicable rate for interest-bearing 

18 obligations of the United States. 

19 (d) ESTIMATE OF ACCRUED INTEREST.—The Presi20 dent’s budget submission shall include an estimate of the 

21 amount of interest that would have accrued under the sub22 sections (b)(3)(B), (c)(3)(B), and (e)(2). 

23 (e) ADDITIONAL AUTHORIZATION OF APPROPRIA24 TIONS OF INTEREST.— 


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1 (1) IN GENERAL.—There is authorized to be 

2 appropriated an amount equal to the additional in3 terest that would have accrued on amounts in the 

4 Funds during the period beginning on the date of 

5 completion of the event described in section 9(d)(3) 

6 and ending on the later of— 

7 (A) the date of completion of the event de8 scribed in section 9(d)(1); or 

9 (B) the date of completion of the event de10 scribed in section 9(d)(2). 

11 (2) CALCULATION.—The interest authorized to 

12 be appropriated under paragraph (1) shall be cal13 culated using the applicable rate for interest-bearing 

14 obligations of the United States. 

15 (f) AVAILABILITY OF AMOUNTS FROM FUNDS.— 

16 Amounts made available under subsections (b)(3), (c)(3), 

17 and (e) shall be available for expenditure or withdrawal 

18 only after the effective date as set forth in section 9(d). 

19 (g) ADMINISTRATION OF FUNDS.—Upon completion 

20 of the actions described in section 9(d), the Secretary, in 

21 accordance with the American Indian Trust Fund Man22 agement Reform Act of 1994 (25 U.S.C. 4001 et seq.) 

23 shall manage the Funds, including by investing amounts 

24 from the Funds in accordance with the Act of April 1, 


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1 1880 (25 U.S.C. 161), and the first section of the Act 

2 of June 24, 1938 (25 U.S.C. 162a). 

3 (h) EXPENDITURES AND WITHDRAWAL.— 

4 (1) TRIBAL MANAGEMENT PLAN.— 

5 (A) IN GENERAL.—The Tribes may with6 draw all or part of amounts in the Funds on 

7 approval by the Secretary of a tribal manage8 ment plan as described in the American Indian 

9 Trust Fund Management Reform Act of 1994 

10 (25 U.S.C. 4001 et seq.). 

11 (B) REQUIREMENTS.—In addition to the 

12 requirements under the American Indian Trust 

13 Fund Management Reform Act of 1994 (25 

14 U.S.C. 4001 et seq.), the tribal management 

15 plan shall require that the Tribes spend any 

16 amounts withdrawn from the Funds in accord17 ance with the purposes described in subsection 

18 (b)(2) or (c)(2). 

19 (C) ENFORCEMENT.—The Secretary may 

20 take judicial or administrative action to enforce 

21 the provisions of any tribal management plan to 

22 ensure that any amounts withdrawn from the 

23 Funds under the plan are used in accordance 

24 with this Act and the Agreement. 


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1 (D) LIABILITY.—If the Tribes exercise the 

2 right to withdraw amounts from the Funds, 

3 neither the Secretary nor the Secretary of the 

4 Treasury shall retain any liability for the ex5 penditure or investment of the amounts. 

6 (2) EXPENDITURE PLAN.— 

7 (A) IN GENERAL.—The Tribes shall sub8 mit to the Secretary for approval an expendi9 ture plan for any portion of the amounts in the 

10 Funds that the Tribes do not withdraw under 

11 the tribal management plan. 

12 (B) DESCRIPTION.—The expenditure plan 

13 shall describe the manner in which, and the 

14 purposes for which, amounts of the Tribes re15 maining in the Funds will be used. 

16 (C) APPROVAL.—On receipt of an expendi17 ture plan under subparagraph (A), the Sec18 retary shall approve the plan if the Secretary 

19 determines that the plan is reasonable and con20 sistent with this Act and the Agreement. 

21 (D) ANNUAL REPORT.—For each Fund, 

22 the Tribes shall submit to the Secretary an an23 nual report that describes all expenditures from 

24 the Fund during the year covered by the report. 


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1 (3) FUNDING AGREEMENT.—Notwithstanding 

2 any other provision of this Act, on receipt of a re3 quest from the Tribes, the Secretary shall include an 

4 amount from funds made available under this sec5 tion in the funding agreement of the Tribes under 

6 title IV of the Indian Self-Determination and Edu7 cation Assistance Act (25 U.S.C. 458aa et seq.), for 

8 use in accordance with subsections (b)(2) and (c)(2). 

9 No amount made available under this Act may be 

10 requested until the waivers under section 9(a) take 

11 effect. 

12 (i) NO PER CAPITA PAYMENTS.—No amount from 

13 the Funds (including any amounts appropriated under 

14 subsections (b)(3)(B), (c)(3)(B), and (e)(1) for interest in15 come that would have accrued to the Funds) shall be dis16 tributed to a member of the Tribes on a per capita basis. 

17 SEC. 9. TRIBAL WAIVER AND RELEASE OF CLAIMS. 

18 (a) WAIVER AND RELEASE OF CLAIMS BY TRIBES

19 AND UNITED STATES ACTING AS TRUSTEE FOR

20 TRIBES.—In return for recognition of the Tribes’ water 

21 rights and other benefits as set forth in the Agreement 

22 and this Act, the Tribes, on behalf of themselves and their 

23 members, and the United States acting in its capacity as 

24 trustee for the Tribes are authorized to execute a waiver 

25 and release of— 


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1 (1) all claims for water rights in the State of 

2 Nevada that the Tribes, or the United States acting 

3 in its capacity as trustee for the Tribes, asserted, or 

4 could have asserted, in any proceeding, including 

5 pending proceedings before the Nevada State Engi6 neer to determine the extent and nature of the water 

7 rights of the Tribes in the East Fork of the Owyhee 

8 River in Nevada, up to and including the effective 

9 date, except to the extent that such rights are recog10 nized in the Agreement or this Act; and 

11 (2) all claims for damages, losses or injuries to 

12 water rights or claims of interference with, diversion 

13 or taking of water rights (including claims for injury 

14 to lands resulting from such damages, losses, inju15 ries, interference with, diversion, or taking of water 

16 rights) within the State of Nevada that first accrued 

17 at any time up to and including the effective date. 

18 (b) WAIVER AND RELEASE OF CLAIMS BY TRIBES

19 AGAINST UNITED STATES.—The Tribes, on behalf of 

20 themselves and their members, are authorized to execute 

21 a waiver and release of— 

22 (1) all claims against the United States, its 

23 agencies, or employees, relating in any manner to 

24 claims for water rights in or water of the States of 

25 Nevada and Idaho that the United States acting in 


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1 its capacity as trustee for the Tribes asserted, or 

2 could have asserted, in any proceeding, including 

3 pending proceedings before the Nevada State Engi4 neer to determine the extent and nature of the water 

5 rights of the Tribes in the East Fork of the Owyhee 

6 River in Nevada, or the Snake River Basin Adju7 dication in Idaho; 

8 (2) all claims against the United States, its 

9 agencies, or employees relating in any manner to 

10 damages, losses, or injuries to water, water rights, 

11 land, or other resources due to loss of water or 

12 water rights (including damages, losses or injuries to 

13 fishing and other similar rights due to loss of water 

14 or water rights; claims relating to interference with, 

15 diversion or taking of water; or claims relating to 

16 failure to protect, acquire, replace, or develop water, 

17 water rights or water infrastructure) within the 

18 States of Nevada and Idaho that first accrued at 

19 any time up to and including the effective date; 

20 (3) all claims against the United States, its 

21 agencies, or employees relating to the operation, 

22 maintenance, or rehabilitation of the Duck Valley 

23 Indian Irrigation Project that first accrued at any 

24 time up to and including the date upon which the 

25 Tribes notify the Secretary as provided in section 


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1 8(b)(2)(A)(ii)(I) that the rehabilitation of the Duck 

2 Valley Indian Irrigation Project under this Act to an 

3 acceptable level has been accomplished; 

4 (4) all claims against the United States, its 

5 agencies, or employees relating in any manner to the 

6 litigation of claims relating to the Tribes’ water 

7 rights in pending proceedings before the Nevada 

8 State Engineer to determine the extent and nature 

9 of the water rights of the Tribes in the East Fork 

10 of the Owyhee River in Nevada or the Snake River 

11 Basin Adjudication in Idaho; and 

12 (5) all claims against the United States, its 

13 agencies, or employees relating in any manner to the 

14 negotiation, execution, or adoption of the Agree15 ment, exhibits thereto, the decree referred to in sub16 section (d)(2), or this Act. 

17 (c) RESERVATION OF RIGHTS AND RETENTION OF

18 CLAIMS.—Notwithstanding the waivers and releases au19 thorized in this Act, the Tribes on their own behalf and 

20 the United States acting in its capacity as trustee for the 

21 Tribes retain— 

22 (1) all claims for enforcement of the Agree23 ment, the decree referred to in subsection (d)(2), or 

24 this Act, through such legal and equitable remedies 


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1 as may be available in the decree court or the appro2 priate Federal court; 

3 (2) all rights to acquire a water right in a State 

4 to the same extent as any other entity in the State, 

5 in accordance with State law, and to use and protect 

6 water rights acquired after the date of enactment of 

7 this Act; 

8 (3) all claims relating to activities affecting the 

9 quality of water including any claims the Tribes 

10 might have under the Comprehensive Environmental 

11 Response, Compensation, and Liability Act of 1980 

12 (42 U.S.C. 9601 et seq.) (including claims for dam13 ages to natural resources), the Safe Drinking Water 

14 Act (42 U.S.C. 300f et seq.), the Federal Water Pol15 lution Control Act (33 U.S.C. 1251 et seq.), and the 

16 regulations implementing those Acts; and 

17 (4) all rights, remedies, privileges, immunities, 

18 and powers not specifically waived and released pur19 suant to this Act. 

20 (d) EFFECTIVE DATE.—Notwithstanding anything in 

21 the Agreement to the contrary, the waivers by the Tribes, 

22 or the United States on behalf of the Tribes, under this 

23 section shall take effect on the date on which the Secretary 

24 publishes in the Federal Register a statement of findings 

25 that includes a finding that— 


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1 (1) the Agreement and the waivers and releases 

2 authorized and set forth in subsections (a) and (b) 

3 have been executed by the parties and the Secretary; 

4 (2) the Fourth Judicial District Court, Elko 

5 County, Nevada, has issued a judgment and decree 

6 consistent with the Agreement from which no fur7 ther appeal can be taken; and 

8 (3) the amounts authorized under subsections 

9 (b)(3) and (c)(3) of section 8 have been appro10 priated. 

11 (e) FAILURE TO PUBLISH STATEMENT OF FIND12 INGS.—If the Secretary does not publish a statement of 

13 findings under subsection (d) by March 31, 2016— 

14 (1) the Agreement and this Act shall not take 

15 effect; and 

16 (2) any funds and interest accrued thereon that 

17 have been appropriated under this Act shall imme18 diately revert to the general fund of the United 

19 States Treasury. 

20 (f) TOLLING OF CLAIMS.— 

21 (1) IN GENERAL.—Each applicable period of 

22 limitation and time-based equitable defense relating 

23 to a claim described in this section shall be tolled for 

24 the period beginning on the date of enactment of 

25 this Act and ending on the date on which the 


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1 amounts authorized to be appropriated under sub2 sections (b)(3) and (c)(3) of section 8 are appro3 priated. 

4 (2) EFFECT OF SUBPARAGRAPH.—Nothing in 

5 this subparagraph revives any claim or tolls any pe6 riod of limitation or time-based equitable defense 

7 that expired before the date of enactment of this 

8 Act. 

9 SEC. 10. MISCELLANEOUS. 

10 (a) GENERAL DISCLAIMER.—The parties to the 

11 Agreement expressly reserve all rights not specifically 

12 granted, recognized, or relinquished by— 

13 (1) the settlement described in the Agreement; 

14 or 

15 (2) this Act. 

16 (b) LIMITATION OF CLAIMS AND RIGHTS.—Nothing 

17 in this Act— 

18 (1) establishes a standard for quantifying— 

19 (A) a Federal reserved water right; 

20 (B) an aboriginal claim; or 

21 (C) any other water right claim of an In22 dian tribe in a judicial or administrative pro23 ceeding; 

24 (2) affects the ability of the United States, act25 ing in its sovereign capacity, to take actions authorVerDate Aug 31 2005 23:30 Dec 30, 2008 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RDS H5293

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1 ized by law, including any laws relating to health, 

2 safety, or the environment, including the Com3 prehensive Environmental Response, Compensation, 

4 and Liability Act of 1980 (42 U.S.C. 9601 et seq.), 

5 the Safe Drinking Water Act (42 U.S.C. 300f et 

6 seq.), the Federal Water Pollution Control Act (33 

7 U.S.C. 1251 et seq.), the Solid Waste Disposal Act 

8 (42 U.S.C. 6901 et seq.) (commonly known as the 

9 ‘‘Resource Conservation and Recovery Act of 

10 1976’’), and the regulations implementing those 

11 Acts; 

12 (3) affects the ability of the United States to 

13 take actions, acting in its capacity as trustee for any 

14 other Tribe, Pueblo, or allottee; 

15 (4) waives any claim of a member of the Tribes 

16 in an individual capacity that does not derive from 

17 a right of the Tribes; or 

18 (5) limits the right of a party to the Agreement 

19 to litigate any issue not resolved by the Agreement 

20 or this Act. 

21 (c) ADMISSION AGAINST INTEREST.—Nothing in this 

22 Act constitutes an admission against interest by a party 

23 in any legal proceeding. 

24 (d) RESERVATION.—The Reservation shall be— 


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1 (1) considered to be the property of the Tribes; 

2 and 

3 (2) permanently held in trust by the United 

4 States for the sole use and benefit of the Tribes. 

5 (e) JURISDICTION.— 

6 (1) SUBJECT MATTER JURISDICTION.—Nothing 

7 in the Agreement or this Act restricts, enlarges, or 

8 otherwise determines the subject matter jurisdiction 

9 of any Federal, State, or tribal court. 

10 (2) CIVIL OR REGULATORY JURISDICTION.— 

11 Nothing in the Agreement or this Act impairs or im12 pedes the exercise of any civil or regulatory author13 ity of the United States, the State, or the Tribes. 

14 (3) CONSENT TO JURISDICTION.—The United 

15 States consents to jurisdiction in a proper forum for 

16 purposes of enforcing the provisions of the Agree17 ment. 

18 (4) EFFECT OF SUBSECTION.—Nothing in this 

19 subsection confers jurisdiction on any State court 

20 to— 

21 (A) interpret Federal law regarding the 

22 health, safety, or the environment or determine 

23 the duties of the United States or other parties 

24 pursuant to such Federal law; or 


smartinez on PROD1PC64 with BILLS
26 

HR 5293 RDS 

1 (B) conduct judicial review of a Federal 

2 agency action. 

Passed the House of Representatives September 17, 

2008. 

Attest: LORRAINE C. MILLER, 

Clerk. 


smartinez on PROD1PC64 with BILLS