II

103D CONGRESS

1ST SESSION S. 1654

To make certain technical corrections.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 10 (legislative day, NOVEMBER 2), 1993

Mr. INOUYE introduced the following bill; which was read twice and referred

to the Committee on Indian Affairs

A BILL

To make certain technical corrections.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. NORTHERN CHEYENNE INDIAN RESERVED

4 WATER RIGHTS SETTLEMENT ACT OF 1992.

5 (a) ENVIRONMENTAL COSTS.—Section 7(e) of the

6 Northern Cheyenne Indian Reserved Water Rights Settle7 ment Act of 1992 (Public Law 102–374, 106 Stat. 1186

8 et seq.) is amended by adding at the end thereof the fol9 lowing new sentences: ‘‘All costs of environmental compli10 ance and mitigation associated with the Compact, includ11 ing mitigation measures adopted by the Secretary, are the

12 sole responsibility of the United States. All moneys appro-
2

•S 1654 IS

1 priated pursuant to the authorization under this sub2 section are in addition to amounts appropriated pursuant

3 to the authorization under section 7(b)(1) of this Act, and

4 shall be immediately available.’’.

5 (b) AUTHORIZATIONS.—The first sentence of section

6 4(c) of the Northern Cheyenne Indian Reserved Water

7 Rights Settlement Act of 1992 (Public Law 102–374; 106

8 Stat. 1186 et seq.) is amended to read as follows: ‘‘Except

9 for authorizations contained in subsections 7(b)(1)(A),

10 7(b)(1)(B) and 7(e), the authorization of appropriations

11 contained in this Act shall not be effective until such time

12 as the Montana water court enters and approves a decree

13 as provided in subsection (d) of this section.’’.

14 (c) EFFECTIVE DATE.—The amendments made by

15 this section shall be considered to have taken effect on

16 September 30, 1992.

17 SEC. 2. SAN CARLOS APACHE TRIBE WATER RIGHTS SET18 TLEMENT ACT OF 1992.

19 (a) AMENDMENT.—Section 3704(d) of the San Car20 los Apache Tribe Water Rights Settlement Act of 1992

21 (Public Law 102–575) is amended by deleting ‘‘reimburs22 able’’ and inserting in lieu thereof ‘‘nonreimbursable’’.

23 (b) EFFECTIVE DATE.—The amendment made by

24 subsection (a) shall be considered to have taken effect on

25 October 30, 1992.
3

•S 1654 IS

1 SEC. 3. TRIBALLY CONTROLLED COMMUNITY COLLEGES.

2 The part of the text contained under the heading

3 ‘‘BUREAU OF INDIAN AFFAIRS’’, and the subheading

4 ‘‘OPERATION OF INDIAN PROGRAMS’’, in title I of the De5 partment of the Interior and Related Agencies Appropria6 tions Act, 1994, which reads ‘‘Provided further, That any

7 funds provided under this head or previously provided for

8 tribally controlled community colleges which are distrib9 uted prior to July 1, 1994 which have been or are being

10 invested or administered in compliance with section 331

11 of the Higher Education Act shall be deemed to be in com12 pliance for current and future purposes with title III of

13 the Tribally Controlled Community Colleges Assistance

14 Act.’’ is amended by deleting ‘‘section 331 of the Higher

15 Education Act’’ and inserting in lieu thereof ‘‘section

16 332(c)(2)(A) of the Higher Education Act of 1965’’.

17 SEC. 4. WHITE EARTH RESERVATION LAND SETTLEMENT

18 ACT OF 1985.

19 Section 7 of the White Earth Reservation Land Set20 tlement Act of 1985 (25 U.S.C. 331, note) is amended

21 by adding at the end thereof the following:

22 ‘‘(f)(1) The Secretary is authorized to make a one23 time deletion from the second list published under sub24 section (c) or any subsequent list published under sub25 section (e) of any allotments or interests which the Sec26 retary has determined do not fall within the provisions of
4

•S 1654 IS

1 subsection (a) or (b) of section 4, or subsection (c) of sec2 tion 5, or which the Secretary has determined were erro3 neously included in such list by reason of misdescription

4 or typographical error.

5 ‘‘(2) The Secretary shall publish in the Federal Reg6 ister notice of deletions made from the second list pub7 lished under subsection (c) or any subsequent list pub8 lished under subsection (e).

9 ‘‘(3) The determination made by the Secretary to de10 lete an allotment or interest under paragraph (1) may be

11 judicially reviewed in accordance with chapter 7 of title

12 5, United States Code, within 90 days after the date on

13 which notice of such determination is published in the

14 Federal Register under paragraph (2). Any legal action

15 challenging such a determination that is not filed within

16 such 90-day period shall be forever barred. Exclusive juris17 diction over any legal action challenging such a determina18 tion is vested in the United States District Court for the

19 District of Minnesota.’’.

Æ