12 2 STA T . 2 98 1 PUBLIC LA W 11 0– 29 7—J UL Y3 1 , 2008 aris i ngf r omt im e immemoria l t h ro u gh the effe c ti v e d ate descri b ed in section 10 of this A ct , and an yp ast, present, and future claims for any continuing failure to protect w ater rights and water resources of the R eservation, arising from time immemorial through the effective date described in section 10 of this Act and, to the e x tent that such continuing failure to protect began before the effective date described in section 10 of this Act, anytime thereafter
- (D)
past, present, and future claims arising from the failure of any non -F ederal P arty to fulfill the terms of the S ettlement Agreement at anytime; and ( E ) past, present, and future claims arising out of the negotiation of the Settlement Agreement or the negotia- tion and enactment of this Act, or any specific terms of provisions thereof, including, but not limited to, the T ribe ’ s consent to limit the number of participant parties to the Settlement Agreement . ( 2 )E F F ECTIV E N E S S O F WA IVE R SA G AINST T H E U NITE D STATES. — (A) I N GENERA L .—The waiver and release contained in this subsection shall ta k e effect on the date on which all of the amounts authori z ed under sections 5 (a) and 5(b) are appropriated. ( B ) PERIODS OF LI M ITATION; E Q UITA B LE CLAIMS.— (i) IN GENERAL.—All periods of limitation and time- based e q uitable defenses applicable to the claims set forth in paragraph (1) are tolled for the period between the date of enactment of this Act until the date on which the amounts authorized under sections 5(a) and 5(b) are appropriated. (ii) EFFECT OF SUB P ARAGRAPH.—This subpara- graph neither revives any claim nor tolls any period of limitation or time-based equitable defense that may have expired before the date of enactment of this Act. ( C ) DEFENSE.—The making of the amounts of appro- priations authorized under sections 5(a) and 5(b) shall con- stitute a complete defense to any claim which involves the claims set forth in paragraph (b)(1) pending in any court of the U nited States on the date on which the appro- priations are made. SEC.9 . MI SCE L L AN E OU S PR O V ISIONS. (a) J URISDICTION.— (1) N O EFFECT ON SUB J ECT MATTER JURISDICTION.—Nothing in the Agreement or this Act restricts, enlarges, or otherwise determines the sub j ect matter jurisdiction of any Federal, State, or Tribal court. (2) JUDGMENT AND DECREE.—The United States consents to jurisdiction in the United States District Court for the Cen- tral District of California case known as Soboba Band of L uisen ˜ o Indians v. M etropolitan W ater District of Southern California, No. 00 – 0 4 20 8 for the purpose of obtaining approval for a judgment and decree substantially the same as the judg- ment and decree attached to the Settlement Agreement as exhibit H . ( 3 ) EFFECT OF SUBSECTION.—Nothing in this subsection confers jurisdiction on any State court to— Ef f ectiv e da te .
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