[Congressional Record Volume 140, Number 63 (Thursday, May 19, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 19, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          AMENDMENTS SUBMITTED

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                    TECHNICAL CORRECTION ACT OF 1994

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                 McCAIN (AND INOUYE) AMENDMENT NO. 1736

  Mr. FORD (for Mr. McCain, for himself and Mr. Inouye) proposed an 
amendment to the bill (S. 1654) to make certain technical corrections; 
as follows:

       On page 1, strike all of Section 1 and insert in lieu 
     thereof the following:
       (a) Environmental Costs.--Section 7 of the Northern 
     Cheyenne 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 subsection 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.
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                 McCAIN (AND INOUYE) AMENDMENT NO. 1737

  Mr. FORD (for Mr. McCain for himself and Mr. Inouye) proposed an 
amendment to the bill S. 1654, supra; as follows:

       ``At the end of the bill add the following:
       ``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.--Department 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 privilable and immunities 
     available to other federally recognized tribes by virtue of 
     their status as Indian tribes shall have no force or 
     effect.''.

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