H. R. 4602—13
Up Foundation; and of which not to exceed $95,823,000 shall be
for payments to tribes and tribal organizations for contract support
costs associated with ongoing contracts or grants or compacts
authorized by the Indian Self-Determination Act of 1975, as
amended: Provided, That tribes and tribal contractors may use
their tribal priority allocations for unmet contract support costs
of ongoing contracts, grants or compact agreements; and of which
not to exceed $330,111,000 shall be for school operations costs
of Bureau-funded schools and other education programs which shall
become available for obligation on July 1, 1995, and shall remain
available for obligation until September 30, 1996; and of which
not to exceed $72,580,000 shall be for higher education scholarships,
adult vocational training, and assistance to public schools under
the Act of April 16, 1934 (48 Stat. 596), as amended (25 U.S.C.
452 et seq.), which shall remain available for obligation until
September 30, 1996; and of which $75,902,000 shall remain avail-
able until expended, including $16,206,000 for trust funds manage-
ment, $19,083,000 for housing improvement, $30,169,000 for road
maintenance, $2,332,000 for attorney fees, $1,983,000 for litigation
support, $4,934,000 for self-governance tribal compacts, and
$1,195,000 for the Navajo-Hopi Settlement Program: Provided, That
payments of funds obligated as grants to schools pursuant to Public
Law 100–297 shall be made not later than July 15 and December
1 in lieu of the payments authorized to be made on October 1
and January 1 of each calendar year: Provided further, That funds
made available to tribes and tribal organizations through contracts
or grants obligated during fiscal year 1995 as authorized by the
Indian Self-Determination Act of 1975 (88 Stat. 2203; 25 U.S.C.
450 et seq.), or grants authorized by the Indian Education Amend-
ments of 1988 (25 U.S.C. 2001 and 2008A) shall remain available
until expended by the contractor or grantee: Provided further, That
of the funds provided, $7,500,000 shall remain available until
expended, for the Indian Self-Determination Fund, which shall be
available for the transitional costs of initial or expanded tribal
contracts, grants or cooperative agreements with the Bureau of
Indian Affairs under the provisions of the Indian Self-Determination
Act: Provided further, That none of the funds appropriated to the
Bureau of Indian Affairs shall be expended as matching funds
for programs funded under section 103(b)(2) of the Carl D. Perkins
Vocational Education Act: Provided further, That none of the funds
in this Act shall be used by the Bureau of Indian Affairs to transfer
funds under a contract with any third party for the management
of tribal or individual Indian trust funds until the funds held
in trust for all such tribes or individuals have been audited and
reconciled to the earliest possible date, the results of such reconcili-
ation have been certified by an independent party as the most
complete reconciliation of such funds possible, and the affected
tribe or individual has been provided with an accounting of such
funds: Provided further, That notwithstanding any other provision
of law, the statute of limitations shall not commence to run on
any claim, including any claim in litigation pending on the date
of this Act, concerning losses to or mismanagement of trust funds,
until the affected tribe or individual Indian has been furnished
with the accounting of such funds from which the beneficiary can
determine whether there has been a loss: Provided further, That
to provide funding uniformity within a Self-Governance Compact,
any funds provided in this Act with availability for more than
H. R. 4602—14
one year may be reprogrammed to one year availability but shall
remain available within the Compact until expended: Provided fur-
ther, That notwithstanding any other provision of law, Indian tribal
governments may, by appropriate changes in eligibility criteria
or by other means, change eligibility for general assistance or
change the amount of general assistance payments for individuals
within the service area of such tribe who are otherwise deemed
eligible for general assistance payments so long as such changes
are applied in a consistent manner to individuals similarly situated:
Provided further, That any savings realized by such changes shall
be available for use in meeting other priorities of the tribes: Pro-
vided further, That any such change must be part of a comprehen-
sive tribal plan for reducing the long-term need for general assist-
ance payments: Provided further, That any such tribal plan must
incorporate, to the greatest extent feasible, currently existing social
service, educational training, and employment assistance resources
prior to changing general assistance eligibility or payment stand-
ards which would have the effect of increasing the cost of general
assistance: Provided further, That any net increase in costs to
the Federal government which result solely from tribally increased
payment levels and which are not part of such a comprehensive
tribal plan shall be met exclusively from funds available to the
tribe from within its tribal priority allocation: Provided further,
That any forestry funds allocated to a tribe which remain unobli-
gated as of September 30, 1995, may be transferred during fiscal
year 1996 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 trans-
ferred shall expire on September 30, 1996: Provided further, That
notwithstanding any other provision of law, no funds available
to the Bureau of Indian Affairs, other than the amounts provided
herein for assistance to public schools under the Act of April 16,
1934 (48 Stat. 596), as amended (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 in fiscal year 1995: Provided further,
That within the funds contained in this Act, only the following
new schools may receive initial funding pursuant to the provisions
of 25 U.S.C. 2001(k) or 2505(a)(1)(C) and (D): Trenton and Sault
Ste. Marie: Provided further, That the Secretary shall establish
a Joint Working Group on ISEP Funds Allocation to consult with
Indian tribes and schools on improving the basis for allocating
Indian School Equalization Program funds: Provided further, That
funds made available in this or any other Act for expenditure
through September 30, 1996 for schools funded by the Bureau
of Indian Affairs shall be available only to the 187 schools which
will be in the Bureau of Indian Affairs school system as of Septem-
ber 1, 1995.
CONSTRUCTION
For construction, major repair, and improvement of irrigation
and power systems, buildings, utilities, and other facilities, includ-
ing architectural and engineering services by contract; acquisition
of lands and interests in lands; and preparation of lands for farming,
$130,270,000, to remain available until expended: Provided, That
$1,500,000 of the funds made available in this Act shall be available
for rehabilitation of tribally owned fish hatcheries and related facili-
ties: Provided further, That such amounts as may be available
H. R. 4602—15
for the construction of the Navajo Indian Irrigation Project and
for other water resource development activities related to the
Southern Arizona Water Rights Settlement Act may be transferred
to the Bureau of Reclamation: Provided further, That not to exceed
6 per centum 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 of
Indian Affairs: 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 non-reimbursable basis: Provided further, That not
to exceed $6,000,000 of contract authority and liquidating cash
available in fiscal year 1995 from the Federal Highway Trust Fund
may be used for the acquisition of road construction equipment:
Provided further, That funds currently obligated for rehabilitation
and construction on the Gila River Indian Reservation may be
used to purchase and pump water during fiscal year 1995: Provided
further, That for the fiscal year ending September 30, 1995, 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: Pro-
vided 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;
and the funds shall be disbursed in not more than two payments
per year: Provided further, That in considering applications, the
Secretary shall consider whether the Indian tribe or tribal organiza-
tion 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(a), with respect to organizational and financial manage-
ment capabilities: Provided further, That if the Secretary declines
an application, the Secretary shall follow the requirements con-
tained in 25 U.S.C. 2505(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. 2508(e).
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS
PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $77,096,000, to remain
available until expended; of which $73,051,000 shall be available
for implementation of enacted Indian land and water claim settle-
ments pursuant to Public Laws 87–483, 97–293, 101–618, 102–
374, 102–441, 102–575, and 103–116, and for implementation of
other enacted water rights settlements, including not to exceed
$8,000,000, which shall be for the Federal share of the Catawba
Indian Tribe of South Carolina Claims Settlement, as authorized
by section 5(a) of Public Law 103–116; and of which $1,045,000
shall be available pursuant to Public Laws 98–500, 99–264, and
100–580; and of which $3,000,000 shall be available (1) to liquidate
obligations owed tribal and individual Indian payees of any checks
canceled pursuant to section 1003 of the Competitive Equality Bank-
ing Act of 1987 (Public Law 100–86 (101 Stat. 659)), 31 U.S.C.
3334(b), (2) to restore to Individual Indian Monies trust funds,
H. R. 4602—16
Indian Irrigation Systems, and Indian Power Systems accounts
amounts invested in credit unions or defaulted savings and loan
associations and which were not Federally insured, including any
interest on these amounts that may have been earned, but was
not because of the default, and (3) to reimburse Indian trust fund
account holders for losses to their respective accounts where the
claim for said loss(es) has been reduced to a judgment or settlement
agreement approved by the Department of Justice.
NAVAJO REHABILITATION TRUST FUND
For Navajo tribal rehabilitation and improvement activities
in accordance with the provisions of section 32(d) of Public Law
93–531, as amended (25 U.S.C. 640d–30), including necessary
administrative expenses, $2,000,000, to remain available until
expended.
TECHNICAL ASSISTANCE OF INDIAN ENTERPRISES
For payment of management and technical assistance requests
associated with loans and grants approved under the Indian Financ-
ing Act of 1974, as amended, $1,970,000.
INDIAN DIRECT LOAN PROGRAM ACCOUNT
For the cost, as defined in section 13201 of the Budget Enforce-
ment Act of 1990, including the cost of modifying loans, of expert
assistance loans authorized by the Act of November 4, 1963, as
amended, and the cost of direct loans authorized by the Indian
Financing Act of 1974, as amended, $2,484,000: Provided, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $10,890,000.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed loans, $8,784,000, 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,
as amended: Provided further, That these funds are available to
subsidize total loan principal any part of which is to be guaranteed
not to exceed $46,900,000.
In addition, for administrative expenses necessary to carry
out the guaranteed loan program, $906,000.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and insurance
fund, the Technical Assistance of Indian Enterprises account, the
Indian Direct Loan Program account, and the Indian Guaranteed
Loan Program account) shall be available for expenses of exhibits,
and purchase of not to exceed 255 passenger carrying motor
vehicles, of which not to exceed 210 shall be for replacement only.