Pub. L. 104-134, tit. I, sec. 115

Sec. 115. (a) Of the funds appropriated by this Act or any subsequent Act providing for appropriations in fiscal years 1996 and 1997, not more than 50 percent of any self-governance funds that would otherwise be allocated to each Indian tribe in the State of Washington shall actually be paid to or on account of such Indian tribe from and after the time at which such tribe shall— (1) take unilateral action that adversely impacts the existing rights to and/or customary uses of, nontribal member own-110 STAT. 1321–178ers of fee simple land within the exterior boundary of the tribe’s reservation to water, electricity, or any other similar utility or necessity for the nontribal members’ residential use of such land; or (2) restrict or threaten to restrict said owners use of or access to publicly maintained rights-of-way necessary or desirable in carrying the utilities or necessities described above. (b) Such penalty shall not attach to the initiation of any legal actions with respect to such rights or the enforcement of any final judgments, appeals from which have been exhausted, with respect thereto.