Page:United States Statutes at Large Volume 124.djvu/3145

 124 STAT. 3119 PUBLIC LAW 111–291—DEC. 8, 2010 (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 Com- pact; 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 provi- sions in paragraphs (1) and (2) of article III (A)(6)(a), para- graphs (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.