H. R. 4818—247
mine drainage abatement and treatment fund, the State of Mary-
land must first complete all Surface Mining Control and Reclama-
tion Act priority one projects: Provided further, That amounts pro-
vided 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
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, $1,955,047,000, to remain available until September
30, 2006 except as otherwise provided herein, of which not to
exceed $87,638,000 shall be for welfare assistance payments and
notwithstanding any other provision of law, including but not lim-
ited to the Indian Self-Determination Act of 1975, as amended,
not to exceed $136,314,000 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 2005,
as authorized by such Act, except that tribes and tribal organiza-
tions may use their tribal priority allocations for unmet indirect
costs of ongoing contracts, grants, or compacts, or annual funding
agreements and for unmet welfare assistance costs; and of which
not to exceed $456,057,000 for school operations costs of Bureau-
funded schools and other education programs shall become available
on July 1, 2005, and shall remain available until September 30,
2006; and of which not to exceed $61,801,000 shall 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, 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
$45,348,000 within and only from such amounts made available
for school operations shall be available to tribes and tribal organiza-
tions for administrative cost grants associated with ongoing grants
entered into with the Bureau prior to or during fiscal year 2004
for the operation of Bureau-funded schools, and up to $1,000,000
within and only from such amounts made available for school
operations shall be available for the transitional costs of initial
administrative cost grants to tribes and tribal organizations that
enter into grants for the operation on or after July 1, 2004, of
Bureau-operated schools: Provided further, That any forestry funds
allocated to a tribe which remain unobligated as of September
H. R. 4818—248
30, 2006, may be transferred during fiscal year 2007 to an Indian
forest land assistance account established 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, 2007.
CONSTRUCTION
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, $323,626,000, 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 2005, in implementing new construction or facilities
improvement and repair project grants in excess of $100,000 that
are provided to tribally controlled 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 Programs contained in 43 CFR part 12 as the regulatory
requirements: Provided further, That such grants shall not be sub-
ject 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 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 financial
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 control of
a project and all funds related to the project, if, within eighteen
months of the date of enactment of this Act, any tribe or tribal
organization 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, of the funds provided for the tribal school
demonstration program, notwithstanding the provisions of para-
graph (b)(1) of section 122 of division F of Public Law 108–7,
as amended by section 136 of Public Law 108–108, $4,500,000
is for the Eastern Band of Cherokee education campus at the
Ravensford tract, $4,000,000 is for the Sac and Fox Meskwaki
Settlement school, and $4,000,000 is for the Twin Buttes elementary
school on the Fort Berthold Reservation: Provided further, That