Sec. 413. MISCELLANEOUS PROVISIONS
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## SEC. 413 MISCELLANEOUS PROVISIONS ###
(a)Waiver of Sovereign Immunity by the United States Except as provided in subsections
(a)through
(c)of section 208 of the Department of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing in this title waives the sovereign immunity of the United States. ###
(b)Other Tribes Not Adversely Affected Nothing in this title quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian tribe, band, or community other than the Tribe. ###
(c)Limitation on Claims for Reimbursement With respect to Indian land within the Reservation or the ceded strip— ####
(1)the United States shall not submit against any Indian-owned land located within the Reservation or the ceded strip any claim for reimbursement of the cost to the United States of carrying out this title and the Compact; and ####
(2)no assessment of any Indian-owned land located within the Reservation or the ceded strip shall be made regarding that cost. ###
(d)Limitation on Liability of United States ####
(1)In general The United States has no trust or other obligation— #####
(A)to monitor, administer, or account for, in any manner, any funds provided to the Tribe by any party to the Compact other than the United States; or #####
(B)to review or approve any expenditure of those funds. ####
(2)Indemnification The Tribe shall indemnify the United States, and hold the United States harmless, with respect to all claims (including claims for takings or breach of trust) arising from the receipt or expenditure of amounts described in paragraph (1)(A). ###
(e)Effect on Current Law Nothing in this section affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to preenforcement review of any Federal environmental enforcement action. ###
(f)Limitations on Effect ####
(1)In general Nothing in this title, the Compact, or the Streamflow and Lake Level Management Plan referred to in article III(A)(7) of the Compact— #####
(A)limits, expands, alters, or otherwise affects— ######
(i)the meaning, interpretation, implementation, application, or effect of any article, provision, or term of the Yellowstone River Compact; ######
(ii)any right, requirement, or obligation under the Yellowstone River Compact; ######
(iii)any allocation (or manner of determining any allocation) of water under the Yellowstone River Compact; or ######
(iv)any present or future claim, defense, or other position asserted in any legal, administrative, or other proceeding arising under or relating to the Yellowstone River Compact (including the original proceeding between the State of Montana and the State of Wyoming pending as of the date of enactment of this Act before the United States Supreme Court); #####
(B)makes an allocation or apportionment of water between or among States; #####
(C)addresses or implies whether, how, or to what extent (if any)— ######
(i)the tribal water rights, or any portion of the tribal water rights, should be accounted for as part of or otherwise charged against any allocation of water made to a State under the provisions of the Yellowstone River Compact; or ######
(ii)the Yellowstone River Compact includes the tribal water rights or the water right of any Indian tribe as part of any allocation or other disposition of water under that compact; or #####
(D)waives the sovereign immunity from suit of any State under the Eleventh Amendment to the Constitution of the United States, except as expressly authorized in Article IV(F)(8) of the Compact. ####
(2)Effect of certain provisions in compact The provisions in paragraphs
(1)and
(2)of article III (A)(6)(a), paragraphs
(1)and
(2)of article III(B)(6)(a), paragraphs
(1)and
(2)of article III(E)(6)(a), and paragraphs
(1)and
(2)of article III (F)(6)(a) of the Compact that provide protections to certain water rights recognized under the laws of the State of Montana do not affect in any way, either directly or indirectly, existing or future water rights (including the exercise of any such rights) outside of the State of Montana. ###
(g)Effect on Reclamation Law The activities carried out by the Bureau of Reclamation under this title shall not establish a precedent or impact the authority provided under any other provision of Federal reclamation law, including— ####
(1)the Rural Supply Act of 2006 (Public Law 109-451; 120 Stat. 3345); and ####
(2)the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 991).
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- Pub. L. 109-451
- 120 Stat. 3345
- Pub. L. 111-11
- 123 Stat. 991
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Sec. 413
MISCELLANEOUS PROVISIONS
Pub. L.Pub. L. 109-451
Stat.120 Stat. 3345
Pub. L.Pub. L. 111-11
Stat.123 Stat. 991
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