H. R. 2764—267 
personnel attending Office of Surface Mining Reclamation and 
Enforcement sponsored training. 
ABANDONED MINE RECLAMATION FUND 
For necessary expenses to carry out title IV of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95–87, 
as amended, $52,774,000, to be derived from receipts of the Aban-
doned Mine Reclamation Fund and to remain available until 
expended: Provided, 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 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 Profes-
sional Services program in this Act, the Secretary may transfer 
title for computer hardware, software and other technical equipment 
to State and tribal regulatory and reclamation programs. 
BUREAU OF INDIAN AFFAIRS 
OPERATION OF INDIAN PROGRAMS 
(INCLUDING TRANSFER OF FUNDS) 
For expenses necessary for the operation of Indian programs, 
as authorized by law, including the Snyder Act of November 2, 
1921 (25 U.S.C. 13), the Indian Self-Determination 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, $2,080,261,000, to remain available until September 
30, 2009 except as otherwise provided herein; of which not to 
exceed $8,500 may be for official reception and representation 
expenses; and of which not to exceed $80,179,000 shall be for 
welfare assistance payments: Provided, That in cases of designated 
Federal disasters, the Secretary may exceed such cap, from the 
amounts provided herein, to provide for disaster relief to Indian 
communities affected by the disaster; notwithstanding any other 
provision of law, including but not limited to the Indian Self- 
Determination Act of 1975, as amended, not to exceed $149,628,000 
shall be available for payments for contract support costs associated 
with ongoing contracts, grants, compacts, or annual funding agree-
ments entered into with the Bureau prior to or during fiscal year 
2008, as authorized by such Act, except that tribes and tribal 
organizations may use their tribal priority allocations for unmet 
contract support costs of ongoing contracts, grants, or compacts, 
or annual funding agreements and for unmet welfare assistance 
costs; of which not to exceed $487,500,000 for school operations 
costs of Bureau-funded schools and other education programs shall 
become available on July 1, 2008, and shall remain available until 
September 30, 2009; and of which not to exceed $60,222,000 shall
H. R. 2764—268 
remain available until expended for housing improvement, road 
maintenance, attorney fees, litigation support, the Indian Self- 
Determination Fund, land records improvement, and the Navajo- 
Hopi Settlement Program: Provided further, 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 $44,060,000 within and only from such amounts 
made available for school operations shall be available for adminis-
trative cost grants associated with ongoing grants entered into 
with the Bureau prior to or during fiscal year 2007 for the operation 
of Bureau-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 administrative cost 
grants to grantees that enter into grants for the operation on 
or after July 1, 2007, of Bureau-operated schools: Provided further, 
That any forestry funds allocated to a tribe which remain unobli-
gated as of September 30, 2009, may be transferred during fiscal 
year 2010 to an Indian forest land assistance account established 
for the benefit of the holder of the funds within the tribe’s trust 
fund account: Provided further, That any such unobligated balances 
not so transferred shall expire on September 30, 2010. 
CONSTRUCTION 
(INCLUDING TRANSFER OF FUNDS) 
For construction, repair, improvement, and maintenance of 
irrigation and power systems, buildings, utilities, and other facili-
ties, including architectural and engineering services by contract; 
acquisition of lands, and interests in lands; and preparation of 
lands for farming, and for construction of the Navajo Indian Irriga-
tion Project pursuant to Public Law 87–483, $206,983,000, to remain 
available until expended: Provided, That such amounts as may 
be available for the construction of the Navajo Indian Irrigation 
Project may be transferred to the Bureau of Reclamation: Provided 
further, That not to exceed 6 percent of contract 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: Provided 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 2008, in implementing new construction or facilities 
improvement and repair project grants in excess of $100,000 that 
are provided to 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 requirements: 
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 payments for the work to be performed: 
Provided further, That in considering applications, the Secretary 
shall consider whether such grantee would be deficient in assuring 
that the construction projects conform to applicable building stand-
ards 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 financial management capabilities: Provided fur-
ther, That if the Secretary declines an application, the Secretary
H. R. 2764—269 
shall follow the requirements contained in 25 U.S.C. 2504(f): Pro-
vided 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 control of a project and all funds related 
to the project, if, within eighteen months of the date of enactment 
of this Act, any grantee receiving funds appropriated in this Act 
or in any prior Act, has not completed the planning and design 
phase of the project and commenced construction of the replacement 
school: Provided further, That this Appropriation may be reimbursed 
from the Office of the Special Trustee for American Indians Appro-
priation for the appropriate share of construction costs for space 
expansion needed in agency offices to meet trust reform 
implementation. 
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS 
PAYMENTS TO INDIANS 
For payments and necessary administrative expenses for 
implementation of Indian land and water claim settlements pursu-
ant to Public Laws 99–264, 100–580, 101–618, 107–331, 108–447, 
109–379, and 109–479, and for implementation of other land and 
water rights settlements, $34,069,000, to remain available until 
expended. 
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT 
For the cost of guaranteed and insured loans, $6,276,000, of 
which $700,000 is for administrative expenses, 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 principal, any part of which is to be guaranteed, not to exceed 
$85,506,098. 
ADMINISTRATIVE PROVISIONS 
The Bureau of Indian Affairs may carry out the operation 
of Indian programs by direct expenditure, contracts, cooperative 
agreements, compacts and grants, either directly or in cooperation 
with States and other organizations. 
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs 
may contract for services in support of the management, operation, 
and maintenance of the Power Division of the San Carlos Irrigation 
Project. 
Appropriations for the Bureau of Indian Affairs (except the 
revolving fund for loans, the Indian loan guarantee and insurance 
fund, and the Indian Guaranteed Loan Program account) shall 
be available for expenses of exhibits. 
Notwithstanding any other provision of law, no funds available 
to the Bureau of Indian Affairs for central office oversight and 
Executive Direction and Administrative Services (except executive 
direction and administrative services funding for Tribal Priority 
Allocations and regional offices) shall be available for contracts, 
grants, compacts, or cooperative agreements with the Bureau of 
Indian Affairs under the provisions of the Indian Self-Determination
H. R. 2764—270 
Act or the Tribal Self-Governance Act of 1994 (Public Law 103– 
413). 
In the event any tribe returns appropriations made available 
by this Act to the Bureau of Indian Affairs, 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 appro-
priations. 
Notwithstanding any other provision of law, no funds available 
to the Bureau, other than the amounts provided herein for assist-
ance 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 beyond the grade structure in place 
or approved by the Secretary 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 at a Bureau- 
funded school before September 1, 1999, may continue to operate 
during that period, but only if the charter 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 charter 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 
Bureau-funded schools sharing a campus with a charter school 
and performing functions related to the charter school’s operation 
and employees of a charter school shall not be treated as Federal 
employees for purposes of chapter 171 of title 28, United States 
Code. 
Notwithstanding 25 U.S.C. 2007(d), and implementing regula-
tions, the funds reserved from the Indian Student Equalization 
Program to meet emergencies and unforeseen contingencies 
affecting education programs appropriated herein and in Public 
Law 109–54 may be used for costs associated with significant stu-
dent enrollment increases at Bureau-funded schools during the 
relevant school year. 
Notwithstanding any other provision of law, including section 
113 of title I of appendix C of Public Law 106–113, if in fiscal 
year 2003 or 2004 a grantee 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 
indirect and administrative cost funds to such grantee using the 
section 5(f) distribution formula.