118 STAT. 3440 PUBLIC LAW 108–447—DEC. 8, 2004 (3) DEFENSE.—The making of the amounts of appropria tions authorized under sections 8(h) and 9(d)(1) shall constitute a complete defense to any claim pending in any court of the United States on the date on which the appropriations are made. (c) RETENTION OF RIGHTS.— (1) IN GENERAL.—The Tribe shall retain all rights not specifically waived or released in the Agreement or this Act. (2) DWORSHAK PROJECT.—Nothing in the Agreement or this Act constitutes a waiver by the Tribe of any claim against the United States resulting from the construction and operation of the Dworshak Project (Project PWI 05090), other than those specified in subparagraphs (A) and (B) of subsection (b)(1). (3) FUTURE ACQUISITION OF WATER RIGHTS.—Nothing in the Agreement or this Act precludes the Tribe or allottees, or the United States as trustee for the Tribe or allottees, from purchasing or otherwise acquiring water rights in the future to the same extent as any other entity in the State. 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 PRECE DENT.— (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 Agree ment or this Act. (d) OTHER CLAIMS.—Nothing in the Agreement or this Act quantifies or otherwise affects the water rights, claims, or entitle ments 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 Memo randum of Agreement referred to in the Agreement shall imple ment a flow augmentation plan beneficial to fish and consistent with the Agreement.
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