Page:United States Statutes at Large Volume 84 Part 2.djvu/137

 84 STAT. ]

PUBLIC LAW 91-557-DEC. 17, 1970

jire installed after initial installation and i^habilitation work lias been completed by Eastern; and (c) rights-of-way necessary for additional water main extensions and other waterworks facilities required for serving new development: Provided. That where title to the Soboba Reservation lands involved has been conveyed in fee simple by the United States the rights-of-way hereby authorized shall be subject to prior approval of {ho, owner of record. Eastern shall constnict, use, maintain, operate, or install the equipment or facilities for which the rights-of-way are granted in a manner that avoids damage to buildings, crops, or trees, or interference with growing of crops. Should such damage or interference occur. Eastern shall compensate the United States as trustee, or the fee owner of record. The rights-of-way granted shall revert to the United States or the owner of record when no longer required for the purpose or purposes for which granted. SEC. 4. Nothing in this Act shall permit Metropolitan or Eastern, or their successors or assigns, to alienate, encumber, or tax any property belonging to an Indian or Indian band which is held in trust by the United States of America, or which is subject to a restriction against alienation imposed by the Ignited States of America, while such property is exempt therefrom nndei' Federal case law oi- provisioiis of other Federal statutes. SEC. 5. There are authorized to be appropriated to carry out the provisions of subsection 2(c) not to exceed $316,658, in addition to the unexpended balance of sums previously appropriated and available for a water supply to the Soboba Reservation and the $30,000 provided pursuant to subsection 2(c), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the types of construction involved. There are also authorized to be appropriated such sums as may be necessary to make any payments guaranteed pursuant to subsection 2(g). Xo funds shall be appropriated pursuant to the authorization contained in this section until sixty calendar <lays (not counting days on which either the House of Representatives or the Senate is not in session because of an adjournment of more than three calendar tlays to a day certain) after the Secretary has submitted to the Congress a plan for the construction and use of the water supply and distribution facilities under subsection 2(c), and for the repayment of costs as provided in section 6, and then only if within said sixty days neither the House nor the Senate Committee on Interior and Insular Affairs disapproves by committee resolution the plan submitted. SEC. 6. Xothing in this Act shall affect the right of the Soboba Indians to pursue theii- claim against the United States under the Act of August 13, 1946 (60 Stat. 1049), now pending in docket numbered SOA before the Indian Claims Commission, but any expenditures under subsections 2(c), (e), and (g), and the $30,000 paid by the Metropolitan and used pursuant to subsection 2(c), may be used by the Commission either in mitigation of damages or as an offset against any award which the Indians may receive. If such amount exceeds the award, the excess, and all expenditures by the United States under subsections 2(c), (e), and (g) after the date of the award, shall be repaid to the United States, without interest, by deductions from revenues received by the Soboba Band or its members from the sale, lease, or rental of the lands, such deductions to be in amounts that will reimburse the United States within fifty years, or as soon thereafter as lK)Ssible, according to estimates of the Secretary of the Interior, which estimates may be revised from time to time: Provided, That deductions in any one year shall not exceed 50 per centum of the revenues received in that year.

14(57

Trust lands, alienation, etc.; prohibition.

Appropriation.

Time limitation; construction plan, submittal to Congress.

25 USC 70.

Deductions.

Limitation.

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