124 STAT. 3106 PUBLIC LAW 111–291—DEC. 8, 2010 (ii) resolution of any contested administrative deci- sion; and (E) there is a requirement that any allottee with a claim relating to the enforcement of rights of the allottee under the tribal water code or relating to the amount of water allocated to land of the allottee must first exhaust remedies available to the allottee under tribal law and the tribal water code before initiating an action against the United States or petitioning the Secretary pursuant to subsection (d)(6). (3) ACTION BY SECRETARY.— (A) IN GENERAL.—The Secretary shall administer the tribal water rights until the tribal water code is enacted in accordance with paragraph (1) and those provisions requiring approval pursuant to paragraph (2). (B) APPROVAL.—The tribal water code shall not be valid unless— (i) the provisions of the tribal water code required by paragraph (2) are approved by the Secretary; and (ii) each amendment to the tribal water code that affects a right of an allottee is approved by the Sec- retary. (C) APPROVAL PERIOD.—The Secretary shall approve or disapprove the tribal water code within a reasonable period of time after the date on which the Tribe submits it to the Secretary. (g) EFFECT.—Except as otherwise specifically provided in this section, nothing in this title— (1) authorizes any action by an allottee against any indi- vidual or entity, or against the Tribe, under Federal, State, tribal, or local law; or (2) alters or affects the status of any action pursuant to section 1491(a) of title 28, United States Code. SEC. 408. STORAGE ALLOCATION FROM BIGHORN LAKE. (a) STORAGE ALLOCATION TO TRIBE.— (1) IN GENERAL.—As described in and subject to article III(A)(1)(b) of the Compact, the Secretary shall allocate to the Tribe 300,000 acre-feet per year of water stored in Bighorn Lake, Yellowtail Unit, Lower Bighorn Division, Pick Sloan Mis- souri Basin Program, Montana, under a water right held by the United States and managed by the Bureau of Reclamation, as measured at the outlet works of Yellowtail Dam, including— (A) not more than 150,000 acre-feet per year of the allocation, which may be used in addition to the natural flow right described in article III(A)(1)(a) of the Compact; and (B) 150,000 acre-feet per year of the allocation, which may be used only as supplemental water for the natural flow right described in article III(A)(1)(a) of the Compact for use in times of natural flow shortage. (2) TREATMENT.— (A) IN GENERAL.—The allocation under paragraph (1) shall be considered to be part of the tribal water rights. (B) PRIORITY DATE.—The priority date of the allocation under paragraph (1) shall be the priority date of the water right held by the Bureau of Reclamation.
