Calendar No. 312

103D CONGRESS

1ST SESSION S. 1654

[Report No. 103–191]

A BILL

To make certain technical corrections.

NOVEMBER 19 (legislative day, NOVEMBER 2), 1993

Reported with an amendment
II

Calendar No. 312

103D CONGRESS

1ST SESSION S. 1654

[Report No. 103–191]

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

NOVEMBER 19 (legislative day, NOVEMBER 2), 1993

Reported by Mr. INOUYE, with an amendment

[Insert the part printed in italic]

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
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•S 1654 RS

1 et seq.) is amended by adding at the end thereof the fol2 lowing new sentences: ‘‘All costs of environmental compli3 ance and mitigation associated with the Compact, includ4 ing mitigation measures adopted by the Secretary, are the

5 sole responsibility of the United States. All moneys appro6 priated pursuant to the authorization under this sub7 section are in addition to amounts appropriated pursuant

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

9 shall be immediately available.’’.

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

11 4(c) of the Northern Cheyenne Indian Reserved Water

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

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

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

15 7(b)(1)(B) and 7(e), the authorization of appropriations

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

17 as the Montana water court enters and approves a decree

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

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

20 this section shall be considered to have taken effect on

21 September 30, 1992.

22 SEC. 2. SAN CARLOS APACHE TRIBE WATER RIGHTS SET23 TLEMENT ACT OF 1992.

24 (a) AMENDMENT.—Section 3704(d) of the San Car25 los Apache Tribe Water Rights Settlement Act of 1992
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•S 1654 RS

1 (Public Law 102–575) is amended by deleting ‘‘reimburs2 able’’ and inserting in lieu thereof ‘‘nonreimbursable’’.

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

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

5 October 30, 1992.

6 SEC. 3. TRIBALLY CONTROLLED COMMUNITY COLLEGES.

7 The part of the text contained under the heading

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

9 ‘‘OPERATION OF INDIAN PROGRAMS’’, in title I of the De10 partment of the Interior and Related Agencies Appropria11 tions Act, 1994, which reads ‘‘Provided further, That any

12 funds provided under this head or previously provided for

13 tribally controlled community colleges which are distrib14 uted prior to July 1, 1994 which have been or are being

15 invested or administered in compliance with section 331

16 of the Higher Education Act shall be deemed to be in com17 pliance for current and future purposes with title III of

18 the Tribally Controlled Community Colleges Assistance

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

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

21 332(c)(2)(A) of the Higher Education Act of 1965’’.
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1 SEC. 4. WHITE EARTH RESERVATION LAND SETTLEMENT

2 ACT OF 1985.

3 Section 7 of the White Earth Reservation Land Set4 tlement Act of 1985 (25 U.S.C. 331, note) is amended

5 by adding at the end thereof the following:

6 ‘‘(f)(1) The Secretary is authorized to make a one7 time deletion from the second list published under sub8 section (c) or any subsequent list published under sub9 section (e) of any allotments or interests which the Sec10 retary has determined do not fall within the provisions of

11 subsection (a) or (b) of section 4, or subsection (c) of sec12 tion 5, or which the Secretary has determined were erro13 neously included in such list by reason of misdescription

14 or typographical error.

15 ‘‘(2) The Secretary shall publish in the Federal Reg16 ister notice of deletions made from the second list pub17 lished under subsection (c) or any subsequent list pub18 lished under subsection (e).

19 ‘‘(3) The determination made by the Secretary to de20 lete an allotment or interest under paragraph (1) may be

21 judicially reviewed in accordance with chapter 7 of title

22 5, United States Code, within 90 days after the date on

23 which notice of such determination is published in the

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

25 challenging such a determination that is not filed within

26 such 90-day period shall be forever barred. Exclusive juris-
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1 diction over any legal action challenging such a determina2 tion is vested in the United States District Court for the

3 District of Minnesota.’’.

4 SEC. 5. AMENDMENTS.

5 (a) TECHNICAL AMENDMENT.—Section 3508(d)(1)

6 and section 3509(c)(1) of the Three Affiliated Tribes and

7 Standing Rock Sioux Tribe Equitable Compensation Act

8 (title XXXV; Public Law 102–575; 106 Stat. 4731) are each

9 amended by deleting ‘‘1 year’’ and inserting in lieu thereof

10 in each such section ‘‘twenty-six months’’.

11 (b) EFFECTIVE DATE.—The amendment made by sub12 section (a) shall be considered as having taken effect October

13 30, 1992.

14 SEC. 6. AMENDMENTS.

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

16 a reservation for the Confederated Tribes of the Grand

17 Ronde Community of Oregon, and for other purposes’’, ap18 proved September 9, 1988 (102 Stat. 1594), is amended as

19 follows:

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

21 ‘‘9,879.65’’; and

22 (2) delete everything after ‘‘5 8 17 All

23 640.00’’ and insert in lieu thereof the following:

24 ‘‘6 8 1 SW1/4SW1/4,W1/2SE1/4SW1/4 53.78

25 ‘‘6 8 1 S1/2E1/2SE1/4SW1/4 9.00
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1 ‘‘6 7 8 Tax lot 800 5.55

2 ‘‘TOTAL . . . . . . . . . . . . . . . . . 9,879.65’’.

3 SEC. 7. TLINGIT AND HAIDA INDIANS OF ALASKA.

4 The Secretary of the Department of the Interior shall

5 restore to the list, published in the Federal Register on Octo6 ber 21, 1993, pursuant to part 83 of title 25 of the Code

7 of Federal Regulations, the tribe defined and recognized in

8 the Act of June 19, 1935 (49 Stat. 388), as amended, relat9 ing to the Tlingit and Haida Indians of Alaska.