157
HR 2361 RS 
fore August 5, 1993: Provided further, That $3,000,000 for 
computer acquisitions shall remain available until Sep-
tember 30, 2007: Provided further, That not to exceed 
$3,000 shall be available for reasonable expenses related to 
promoting volunteer beach and marine cleanup activities: 
Provided further, That notwithstanding any other provision 
of law, $15,000 under this heading shall be available for 
refunds of overpayments in connection with certain Indian 
leases in which the Director of MMS concurred with the 
claimed refund due, to pay amounts owed to Indian 
allottees or tribes, or to correct prior unrecoverable erro-
neous payments: Provided further, That in fiscal year 2006 
and thereafter, MMS may under the royalty-in-kind pro-
gram, or under its authority to transfer oil to the Strategic 
Petroleum Reserve, use a portion of the revenues from roy-
alty-in-kind sales, without regard to fiscal year limitation, 
to pay for transportation to wholesale market centers or up-
stream pooling points, to process or otherwise dispose of 
royalty production taken in kind, and to recover MMS 
transportation costs, salaries, and other administrative 
costs directly related to the royalty-in-kind program: Pro-
vided further, That MMS shall analyze and document the 
expected return in advance of any royalty-in-kind sales to 
assure to the maximum extent practicable that royalty in-
come under the program is equal to or greater than royalty
158
HR 2361 RS 
income recognized under a comparable royalty-in-value 
program. 
OIL SPILL RESEARCH 
For necessary expenses to carry out title I, section 
1016, title IV, sections 4202 and 4303, title VII, and title 
VIII, section 8201 of the Oil Pollution Act of 1990, 
$7,006,000, which shall be derived from the Oil Spill Liabil-
ity Trust Fund, to remain available until expended. 
OFFICE OF SURFACE MINING RECLAMATION AND 
ENFORCEMENT 
REGULATION AND TECHNOLOGY 
For necessary expenses to carry out the provisions of 
the Surface Mining Control and Reclamation Act of 1977, 
Public Law 95–87, as amended, including the purchase of 
not to exceed 10 passenger motor vehicles, for replacement 
only; $110,435,000: Provided, That the Secretary of the In-
terior, pursuant to regulations, may use directly or through 
grants to States, moneys collected in fiscal year 2006 for 
civil penalties assessed under section 518 of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 
1268), to reclaim lands adversely affected by coal mining 
practices after August 3, 1977, to remain available until 
expended: Provided further, That appropriations for the Of-
fice of Surface Mining Reclamation and Enforcement may 
provide for the travel and per diem expenses of State and
159
HR 2361 RS 
tribal personnel attending Office of Surface Mining Rec-
lamation and Enforcement sponsored training. 
ABANDONED MINE RECLAMATION FUND 
For necessary expenses to carry out title IV of the Sur-
face Mining Control and Reclamation Act of 1977, Public 
Law 95–87, as amended, including the purchase of not more 
than 10 passenger motor vehicles for replacement only, 
$188,014,000, to be derived from receipts of the Abandoned 
Mine Reclamation Fund and to remain available until ex-
pended; of which up to $10,000,000, to be derived from the 
Federal Expenses Share of the Fund, shall be for supple-
mental grants to States for the reclamation of abandoned 
sites with acid mine rock drainage from coal mines, and 
for associated activities, through the Appalachian Clean 
Streams Initiative: Provided, That grants to minimum pro-
gram States will be $1,500,000 per State in fiscal year 
2006: Provided further, That pursuant to Public Law 97–
365, the Department of the Interior is authorized to use up 
to 20 percent from the recovery of the delinquent debt owed 
to the United States Government to pay for contracts to 
collect these debts: Provided further, That funds made avail-
able under title IV of Public Law 95–87 may be used for 
any required non-Federal share of the cost of projects funded 
by the Federal Government for the purpose of environ-
mental restoration related to treatment or abatement of acid 
mine drainage from abandoned mines: Provided further,
160
HR 2361 RS 
That such projects must be consistent with the purposes and 
priorities of the Surface Mining Control and Reclamation 
Act: Provided further, That the State of Maryland may set 
aside the greater of $1,000,000 or 10 percent of the total 
of the grants made available to the State under title IV of 
the Surface Mining Control and Reclamation Act of 1977, 
as amended (30 U.S.C. 1231 et seq.), if the amount set aside 
is deposited in an acid mine drainage abatement and treat-
ment fund established under a State law, pursuant to which 
law the amount (together with all interest earned on the 
amount) is expended by the State to undertake acid mine 
drainage abatement and treatment projects, except that be-
fore any amounts greater than 10 percent of its title IV 
grants are deposited in an acid mine drainage abatement 
and treatment fund, the State of Maryland must first com-
plete all Surface Mining Control and Reclamation Act pri-
ority one projects: Provided further, That amounts provided 
under this heading may be used for the travel and per diem 
expenses of State and tribal personnel attending Office of 
Surface Mining Reclamation and Enforcement sponsored 
training. 
ADMINISTRATIVE PROVISION 
With funds available for the Technical Innovation and 
Professional Services program in this Act, the Secretary 
may transfer title for computer hardware, software and
161
HR 2361 RS 
other technical equipment to State and Tribal regulatory 
and reclamation programs. 
BUREAU OF INDIAN AFFAIRS 
OPERATION OF INDIAN PROGRAMS 
For expenses necessary for the operation of Indian pro-
grams, as authorized by law, including the Snyder Act of 
November 2, 1921 (25 U.S.C. 13), the Indian Self-Deter-
mination and Education Assistance Act of 1975 (25 U.S.C. 
450 et seq.), as amended, the Education Amendments of 
1978 (25 U.S.C. 2001–2019), and the Tribally Controlled 
Schools Act of 1988 (25 U.S.C. 2501 et seq.), as amended, 
$1,971,132,000, to remain available until September 30, 
2007 except as otherwise provided herein, of which not to 
exceed $86,462,000 shall be for welfare assistance payments 
and notwithstanding any other provision of law, including 
but not limited to the Indian Self-Determination Act of 
1975, as amended, not to exceed $134,609,000 shall be 
available for payments to tribes and tribal organizations 
for contract support costs associated with ongoing contracts, 
grants, compacts, or annual funding agreements entered 
into with the Bureau prior to or during fiscal year 2006, 
as authorized by such Act, except that tribes and tribal or-
ganizations may use their tribal priority allocations for 
unmet indirect contract support costs of ongoing contracts, 
grants, or compacts, or annual funding agreements and for
162
HR 2361 RS 
unmet welfare assistance costs; and of which not to exceed 
$454,725,000 for school operations costs of Bureau-funded 
schools and other education programs shall become available 
on July 1, 2006, and shall remain available until Sep-
tember 30, 2007; and of which not to exceed $61,667,000 
shall remain available until expended for housing improve-
ment, road maintenance, attorney fees, litigation support, 
the Indian Self-Determination Fund, land records improve-
ment, and the Navajo-Hopi Settlement Program: Provided, 
That notwithstanding any other provision of law, including 
but not limited to the Indian Self-Determination Act of 
1975, as amended, and 25 U.S.C. 2008, not to exceed 
$44,718,000 within and only from such amounts made 
available for school operations shall be available to tribes 
and tribal organizations for administrative cost grants as-
sociated with ongoing grants entered into with the Bureau 
prior to or during fiscal year 2005 for the operation of Bu-
reau-funded schools, and up to $500,000 within and only 
from such amounts made available for school operations 
shall be available for the transitional costs of initial admin-
istrative cost grants to tribes and tribal organizations that 
enter into grants for the operation on or after July 1, 2005, 
of Bureau-operated schools: Provided further, That any for-
estry funds allocated to a tribe which remain unobligated 
as of September 30, 2007, may be transferred during fiscal
163
HR 2361 RS 
year 2008 to an Indian forest land assistance account estab-
lished for the benefit of such tribe within the tribe’s trust 
fund account: Provided further, That any such unobligated 
balances not so transferred shall expire on September 30, 
2008. 
CONSTRUCTION 
For construction, repair, improvement, and mainte-
nance of irrigation and power systems, buildings, utilities, 
and other facilities, including architectural and engineering 
services by contract; acquisition of lands, and interests in 
lands; and preparation of lands for farming, and for con-
struction of the Navajo Indian Irrigation Project pursuant 
to Public Law 87–483, $267,137,000, to remain available 
until expended: Provided, That such amounts as may be 
available for the construction of the Navajo Indian Irriga-
tion Project may be transferred to the Bureau of Reclama-
tion: Provided further, That not to exceed 6 percent of con-
tract authority available to the Bureau of Indian Affairs 
from the Federal Highway Trust Fund may be used to cover 
the road program management costs of the Bureau: Pro-
vided further, That any funds provided for the Safety of 
Dams program pursuant to 25 U.S.C. 13 shall be made 
available on a nonreimbursable basis: Provided further, 
That for fiscal year 2006, in implementing new construc-
tion or facilities improvement and repair project grants in 
excess of $100,000 that are provided to tribally controlled
164
HR 2361 RS 
grant schools under Public Law 100–297, as amended, the 
Secretary of the Interior shall use the Administrative and 
Audit Requirements and Cost Principles for Assistance Pro-
grams contained in 43 CFR part 12 as the regulatory re-
quirements: Provided further, That such grants shall not 
be subject to section 12.61 of 43 CFR; the Secretary and 
the grantee shall negotiate and determine a schedule of pay-
ments for the work to be performed: Provided further, That 
in considering applications, the Secretary shall consider 
whether the Indian tribe or tribal organization would be 
deficient in assuring that the construction projects conform 
to applicable building standards and codes and Federal, 
tribal, or State health and safety standards as required by 
25 U.S.C. 2005(b), with respect to organizational and fi-
nancial management capabilities: Provided further, That if 
the Secretary declines an application, the Secretary shall 
follow the requirements contained in 25 U.S.C. 2504(f): 
Provided further, That any disputes between the Secretary 
and any grantee concerning a grant shall be subject to the 
disputes provision in 25 U.S.C. 2507(e): Provided further, 
That in order to ensure timely completion of replacement 
school construction projects, the Secretary may assume con-
trol of a project and all funds related to the project, if, with-
in eighteen months of the date of enactment of this Act, any 
tribe or tribal organization receiving funds appropriated
165
HR 2361 RS 
in this Act or in any prior Act, has not completed the plan-
ning and design phase of the project and commenced con-
struction of the replacement school: Provided further, That 
this Appropriation may be reimbursed from the Office of 
the Special Trustee for American Indians Appropriation 
for the appropriate share of construction costs for space ex-
pansion needed in agency offices to meet trust reform imple-
mentation. 
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND 
MISCELLANEOUS PAYMENTS TO INDIANS 
For miscellaneous payments to Indian tribes and indi-
viduals 
and 
for 
necessary 
administrative 
expenses, 
$24,754,000, to remain available until expended, for imple-
mentation of Indian land and water claim settlements pur-
suant to Public Laws 99–264, 100–580, 101–618, 106–554, 
107–331, and 108–34, and for implementation of other land 
and water rights settlements. 
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT 
For the cost of guaranteed and insured loans, 
$6,348,000, of which $701,000 is for administrative ex-
penses, as authorized by the Indian Financing Act of 1974, 
as amended: Provided, That such costs, including the cost 
of modifying such loans, shall be as defined in section 502 
of the Congressional Budget Act of 1974: Provided further, 
That these funds are available to subsidize total loan prin-
166
HR 2361 RS 
cipal, any part of which is to be guaranteed, not to exceed 
$118,884,000. 
ADMINISTRATIVE PROVISIONS 
The Bureau of Indian Affairs may carry out the oper-
ation of Indian programs by direct expenditure, contracts, 
cooperative agreements, compacts and grants, either di-
rectly or in cooperation with States and other organiza-
tions. 
Notwithstanding 25 U.S.C. 15, the Bureau of Indian 
Affairs may contract for services in support of the manage-
ment, operation, and maintenance of the Power Division 
of the San Carlos Irrigation Project. 
Appropriations for the Bureau of Indian Affairs (ex-
cept the revolving fund for loans, the Indian loan guarantee 
and insurance fund, and the Indian Guaranteed Loan Pro-
gram account) shall be available for expenses of exhibits, 
and purchase of not to exceed 229 passenger motor vehicles, 
of which not to exceed 187 shall be for replacement only. 
Notwithstanding any other provision of law, no funds 
available to the Bureau of Indian Affairs for central office 
operations or pooled overhead general administration (ex-
cept facilities operations and maintenance) shall be avail-
able for tribal contracts, grants, compacts, or cooperative 
agreements with the Bureau of Indian Affairs under the 
provisions of the Indian Self-Determination Act or the 
Tribal Self-Governance Act of 1994 (Public Law 103–413).
167
HR 2361 RS 
In the event any tribe returns appropriations made 
available by this Act to the Bureau of Indian Affairs for 
distribution to other tribes, this action shall not diminish 
the Federal Government’s trust responsibility to that tribe, 
or the government-to-government relationship between the 
United States and that tribe, or that tribe’s ability to access 
future appropriations. 
Notwithstanding any other provision of law, no funds 
available to the Bureau, other than the amounts provided 
herein for assistance to public schools under 25 U.S.C. 452 
et seq., shall be available to support the operation of any 
elementary or secondary school in the State of Alaska. 
Appropriations made available in this or any other 
Act for schools funded by the Bureau shall be available only 
to the schools in the Bureau school system as of September 
1, 1996. No funds available to the Bureau shall be used to 
support expanded grades for any school or dormitory be-
yond the grade structure in place or approved by the Sec-
retary of the Interior at each school in the Bureau school 
system as of October 1, 1995. Funds made available under 
this Act may not be used to establish a charter school at 
a Bureau-funded school (as that term is defined in section 
1146 of the Education Amendments of 1978 (25 U.S.C. 
2026)), except that a charter school that is in existence on 
the date of the enactment of this Act and that has operated
168
HR 2361 RS 
at a Bureau-funded school before September 1, 1999, may 
continue to operate during that period, but only if the char-
ter school pays to the Bureau a pro rata share of funds 
to reimburse the Bureau for the use of the real and personal 
property (including buses and vans), the funds of the char-
ter school are kept separate and apart from Bureau funds, 
and the Bureau does not assume any obligation for charter 
school programs of the State in which the school is located 
if the charter school loses such funding. Employees of Bu-
reau-funded schools sharing a campus with a charter school 
and performing functions related to the charter school’s op-
eration and employees of a charter school shall not be treat-
ed as Federal employees for purposes of chapter 171 of title 
28, United States Code. 
Notwithstanding any other provision of law, including 
section 113 of title I of appendix C of Public Law 106–
113, if a tribe or tribal organization in fiscal year 2003 
or 2004 received indirect and administrative costs pursuant 
to a distribution formula based on section 5(f) of Public 
Law 101–301, the Secretary shall continue to distribute in-
direct and administrative cost funds to such tribe or tribal 
organization using the section 5(f) distribution formula.