S. 1654

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To make certain technical corrections.

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

SECTION 1. NORTHERN CHEYENNE INDIAN RESERVED WATER RIGHTS

SETTLEMENT ACT OF 1992.

(a) ENVIRONMENTAL COSTS.—Section 7 of the Northern Chey- enne Indian Reserved Water Rights Settlement Act of 1992 (Public

Law 102–374, 106 Stat. 1186 et seq.) is amended by adding the

following new subsections (f) and (g) and redesignating the succeeding subsections accordingly: ‘‘(f) ENVIRONMENTAL COSTS.—All costs associated with the

Tongue River Dam Project for environmental compliance mandated

by Federal law and fish and wildlife mitigation measures adopted

by the Secretary are the sole responsibility of the United States.

Funds for such compliance shall be appropriated pursuant to the

authorization in subsection (e), and shall be in addition to funds

appropriated pursuant to section 7(b)(1) of the Act. The Secretary

is authorized to expend not to exceed $625,000 of funds appropriated

pursuant to subsection (e) for fish and wildlife mitigation costs

associated with Tongue River Dam construction authorized by the

Act, and shall be in addition to funds appropriated pursuant to

section 7(b)(1) of the Act.

‘‘(g) REIMBURSEMENT TO STATE.—The Secretary shall reimburse Montana for expenditures for environmental compliance activities,

conducted on behalf of the United States prior to enactment of

this subsection (g), which the Secretary determines to have been

properly conducted and necessary for completion of the Tongue

River Dam Project. Subsequent to enactment of this subsection

(g), the Secretary may not reimburse Montana for any such environmental compliance activities undertaken without the Secretary’s

prior approval.’’.

(b) AUTHORIZATIONS.—The first sentence of section 4(c) of the

Northern Cheyenne Indian Reserved Water Rights Settlement Act

of 1992 (Public Law 102–374; 106 Stat. 1186 et seq.) is amended

to read as follows: ‘‘Except for authorizations contained in subsections 7(b)(1)(A), 7(b)(1)(B), and the authorization for environmental compliance activities for the Tongue River Dam Project

contained in subsection 7(e), the authorization of appropriations

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

the Montana water court enters and approves a decree as provided

in subsection (d) of this section.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall be considered to have taken effect on September 30, 1992.
S. 1654—2

SEC. 2. SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT ACT

OF 1992.

(a) AMENDMENT.—Section 3704(d) of the San Carlos Apache

Tribe Water Rights Settlement Act of 1992 (Public Law 102–575)

is amended by deleting ‘‘reimbursable’’ and inserting in lieu thereof

‘‘nonreimbursable’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall be considered to have taken effect on October 30, 1992.

SEC. 3. TRIBALLY CONTROLLED COMMUNITY COLLEGES.

The part of the text contained under the heading ‘‘BUREAU

OF INDIAN AFFAIRS’’, and the subheading ‘‘OPERATION OF INDIAN

PROGRAMS’’, in title I of the Department of the Interior and Related

Agencies Appropriations Act, 1994, which reads ‘‘Provided further,

That any funds provided under this head or previously provided

for tribally-controlled community colleges which are distributed

prior to September 30, 1994 which have been or are being invested

or administered in compliance with section 331 of the Higher Education Act shall be deemed to be in compliance for current and

future purposes with title III of the Tribally Controlled Community

Colleges Assistance Act.’’ is amended by deleting ‘‘section 331 of

the Higher Education Act’’ and inserting in lieu thereof ‘‘section

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

SEC. 4. WHITE EARTH RESERVATION LAND SETTLEMENT ACT OF 1985.

Section 7 of the White Earth Reservation Land Settlement

Act of 1985 (25 U.S.C. 331, note) is amended by adding at the

end thereof the following:

‘‘(f)(1) The Secretary is authorized to make a one-time deletion

from the second list published under subsection (c) or any subsequent list published under subsection (e) of any allotments or

interests which the Secretary has determined do not fall within

the provisions of subsection (a) or (b) of section 4, or subsection

(c) of section 5, or which the Secretary has determined were erroneously included in such list by reason of misdescription or typographical error.

‘‘(2) The Secretary shall publish in the Federal Register notice

of deletions made from the second list published under subsection

(c) or any subsequent list published under subsection (e).

‘‘(3) The determination made by the Secretary to delete an

allotment or interest under paragraph (1) may be judicially reviewed

in accordance with chapter 7 of title 5, United States Code, within

90 days after the date on which notice of such determination is

published in the Federal Register under paragraph (2). Any legal

action challenging such a determination that is not filed within

such 90-day period shall be forever barred. Exclusive jurisdiction

over any legal action challenging such a determination is vested

in the United States District Court for the District of Minnesota.’’.

SEC. 5. AMENDMENTS.

(a) Section 1(c) of the Act entitled ‘‘An Act to establish a

reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes’’, approved September 9,

1988 (102 Stat. 1594), is amended as follows:

(1) delete ‘‘9,811.32’’ and insert in lieu thereof ‘‘9,879.65’’;

and
S. 1654—3

(2) delete everything after ‘‘5 8 17 All 640.00’’ and insert

in lieu thereof the following:

‘‘6 8 1 SW1⁄4SW1⁄4,W1⁄2SE1⁄4SW1⁄4 53.78

‘‘6 8 1 S1⁄2E1⁄2,SE1⁄4SW1⁄4 9.00

‘‘6 7 8 Tax lot 800 5.55

Total ........................................................... 9,879.65’’.

(b) Section 16 of the Act of June 18, 1934 (25 U.S.C. 476)

is amended by adding at the end of the following new subsections: ‘‘(f) PRIVILEGES AND IMMUNITIES OF INDIAN TRIBES; PROHIBITION

ON NEW REGULATIONS.—Departments or agencies of the United

States shall not promulgate any regulation or make any decision

or determination pursuant to the Act of June 18, 1934 (25 U.S.C.

461 et seq., 48 Stat. 984) as amended, or any other Act of Congress,

with respect to a federally recognized Indian tribe that classifies,

enhances, or diminishes the privileges and immunities available

to the Indian tribe relative to other federally recognized tribes

by virtue of their status as Indian tribes. ‘‘(g) PRIVILEGES AND IMMUNITIES OF INDIAN TRIBES; EXISTING

REGULATIONS.—Any regulation or administrative decision or determination of a department or agency of the United States that

is in existence or effect on the date of enactment of this Act

and that classifies, enhances, or diminishes the privileges and

immunities available to a federally recognized Indian tribe relative

to the privileges and immunities available to other federally recognized tribes by virtue of their status as Indian tribes shall have

no force or effect.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.