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emergency reclamation projects in any one State and
funds for federally-administered emergency reclamation
projects under this proviso shall not exceed $11,000,000:
Provided further, That prior year unobligated funds appro-
priated for the emergency reclamation program shall not
be subject to the 25 per centum limitation per State and
may be used without fiscal year limitation for emergency
projects: Provided further, That pursuant to Public Law
97–365, the Department of the Interior is authorized to
use up to 20 per centum from the recovery of the delin-
quent debt owed to the United States Government to pay
for contracts to collect these debts: Provided further, That
funds made available to States under title IV of Public
Law 95–87 may be used, at their discretion, for any re-
quired 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 fur-
ther, That such projects must be consistent with the pur-
poses and priorities of the Surface Mining Control and
Reclamation Act.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For operation of Indian programs by direct expendi-
ture, contracts, cooperative agreements, compacts, and
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grants including expenses necessary to provide education
and welfare services for Indians, either directly or in co-
operation with States and other organizations, including
payment of care, tuition, assistance, and other expenses
of Indians in boarding homes, or institutions, or schools;
grants and other assistance to needy Indians; maintenance
of law and order; management, development, improve-
ment, and protection of resources and appurtenant facili-
ties under the jurisdiction of the Bureau, including pay-
ment of irrigation assessments and charges; acquisition of
water rights; advances for Indian industrial and business
enterprises; operation of Indian arts and crafts shops and
museums; development of Indian arts and crafts, as au-
thorized by law; for the general administration of the Bu-
reau, including such expenses in field offices; maintaining
of Indian reservation roads as defined in 23 U.S.C. 101;
and construction, repair, and improvement of Indian hous-
ing, $1,381,623,000 $1,413,606,000, of which not to ex-
ceed $90,829,000 $91,379,000 shall be for payments to
tribes and tribal organizations for contract support costs
associated with ongoing contracts or grants or compacts
entered into with the Bureau prior to fiscal year 1997,
as authorized by the Indian Self-Determination Act of
1975, as amended, and up to $5,000,000 shall be for the
Indian Self-Determination Fund, which shall be available
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for the transitional cost of initial or expanded tribal con-
tracts, grants, compacts, or cooperative agreements with
the Bureau under such Act; and of which not to exceed
$339,709,000 $344,711,000 for school operations costs of
Bureau-funded schools and other education programs
shall become available on July 1, 1997, and shall remain
available until September 30, 1998; and of which not to
exceed $55,838,000 $53,805,000 for higher education
scholarships, adult vocational training, and assistance to
public schools under 25 U.S.C. 452 et seq., shall remain
available until September 30, 1998; and of which not to
exceed $55,603,000 $54,973,000 shall remain available
until expended for housing improvement, road mainte-
nance, attorney fees, litigation support, self-governance
grants, the Indian Self-Determination Fund, and the Nav-
ajo-Hopi Settlement Program: Provided, That tribes and
tribal contractors may use their tribal priority allocations
for unmet indirect costs of ongoing contracts, grants or
compact agreements: Provided further, That funds made
available to tribes and tribal organizations through con-
tracts or grants obligated during fiscal year 1997, as au-
thorized by the Indian Self-Determination Act of 1975,
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: Pro-
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vided further, That to provide funding uniformity within
a Self-Governance Compact, any funds provided in this
Act with availability for more than one year may be repro-
grammed to one year availability but shall remain avail-
able within the Compact until expended: Provided further,
That notwithstanding any other provision of law, Indian
tribal governments may, by appropriate changes in eligi-
bility criteria or by other means, change eligibility for gen-
eral 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 assist-
ance payments so long as such changes are applied in a
consistent manner to individuals similarly situated: Pro-
vided further, That any savings realized by such changes
shall be available for use in meeting other priorities of the
tribes: Provided further, That any net increase in costs to
the Federal Government which result solely from tribally
increased payment levels for general assistance 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 unob-
ligated as of September 30, 1997, may be transferred dur-
ing fiscal year 1998 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
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unobligated balances not so transferred shall expire on
September 30, 1998: Provided further, That notwithstand-
ing any other provision of law, no funds available to the
Bureau, other than the amounts provided herein for as-
sistance to public schools under 25 U.S.C. 452 et seq.,
shall be available to support the operation of any elemen-
tary or secondary school in the State of Alaska in fiscal
year 1997: Provided further, That funds made available
in this or any other Act for expenditure through Septem-
ber 30, 1998 for schools funded by the Bureau shall be
available only to the schools in the Bureau school system
as of September 1, 1995: Provided further, That no funds
available to the Bureau shall be used to support expanded
grades for any school or dormitory beyond the grade struc-
ture in place or approved by the Secretary of the Interior
at each school in the Bureau school system as of October
1, 1995: Provided further, That in fiscal year 1997 and
thereafter, notwithstanding the provisions of 25 U.S.C.
2012(h)(1) (A) and (B), upon the recommendation of ei-
ther (i) a local school board and school supervisor for an
education position in a Bureau of Indian Affairs operated
school, or (ii) an Agency school board and education line
officer for an Agency education position, the Secretary
shall establish adjustments to the rates of basic compensa-
tion or annual salary rates established under 25 U.S.C.
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2012(h)(1) (A) and (B) for education positions at the
school or the Agency, at a level not less than that for com-
parable positions in the nearest public school district, and
the adjustment shall be deemed to be a change to basic
pay and shall not be subject to collective bargaining: Pro-
vided further, That any reduction to rates of basic com-
pensation or annual salary rates below the rates estab-
lished under 25 U.S.C. 2012(h)(1) (A) and (B) shall apply
only to educators appointed after June 30, 1997, and shall
not affect the right of an individual employed on June 30,
1997, in an education position, to receive the compensa-
tion attached to such position under 25 U.S.C. 2012(h)(1)
(A) and (B) so long as the individual remains in the same
position at the same school: Provided further, That not-
withstanding 25 U.S.C. 2012(h)(1)(B), when the rates of
basic compensation for teachers and counselors at Bureau-
operated schools are established at the rates of basic com-
pensation applicable to comparable positions in overseas
schools under the Defense Department Overseas Teachers
Pay and Personnel Practices Act, such rates shall become
effective with the start of the next academic year following
the issuance of the Department of Defense salary schedule
and shall not be effected retroactively.
HR 3662 RS
CONSTRUCTION
For construction, major repair, and improvement 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, $85,831,000 $93,933,000, to re-
main 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 ex-
ceed 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: Provided further, That any funds pro-
vided 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 for fiscal year 1997, in im-
plementing new construction or facilities improvement and
repair project grants in excess of $100,000 that are pro-
vided 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
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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 per-
formed: 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 stand-
ards 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 management capa-
bilities: Provided further, That if the Secretary declines an
application, the Secretary shall follow the requirements
contained in 25 U.S.C. 2505(f): Provided further, That
any disputes between the Secretary and any grantee con-
cerning 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 in-
dividuals and for necessary administrative expenses,
$65,241,000 $69,241,000, to remain available until ex-
pended; of which $56,400,000 $68,400,000 shall be avail-
able for implementation of enacted Indian land and water
claim settlements pursuant to Public Laws 101–618, 102–
HR 3662 RS
374, 102–575, 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 Settle-
ment, as authorized by section 5(a) of Public Law 103–
116; and of which $841,000 shall be available pursuant
to Public Laws 98–500, 99–264, and 100–580.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed loans, $4,500,000, as au-
thorized by the Indian Financing Act of 1974, as amend-
ed: Provided, That such costs, including the cost of modi-
fying 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
$34,615,000.
In addition, for administrative expenses to carry out
the guaranteed loan programs, $500,000.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Indian Affairs (ex-
cept the revolving fund for loans, the Indian loan guaran-
tee and insurance fund, the Technical Assistance of Indian
Enterprises account, the Indian Direct Loan Program ac-
count, and the Indian Guaranteed Loan Program account)
shall be available for expenses of exhibits, and purchase
HR 3662 RS
of not to exceed 229 passenger motor vehicles, of which
not to exceed 187 shall be for replacement only.
DEPARTMENTAL OFFICES
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories
under the jurisdiction of the Department of the Interior,
$65,088,000
$65,388,000, of which (1) $61,239,000
$61,539,000 shall be available until expended for technical
assistance, including maintenance assistance, disaster as-
sistance, insular management controls, and brown tree
snake control and research; grants to the judiciary in
American Samoa for compensation and expenses, as au-
thorized by law (48 U.S.C. 1661(c)); grants to the Govern-
ment of American Samoa, in addition to current local rev-
enues, for construction and support of governmental func-
tions; grants to the Government of the Virgin Islands as
authorized by law; grants to the Government of Guam,
as authorized by law; and grants to the Government of
the Northern Mariana Islands as authorized by law (Pub-
lic Law 94–241; 90 Stat. 272); and (2) $3,849,000 shall
be available for salaries and expenses of the Office of Insu-
lar Affairs: Provided, That all financial transactions of the
territorial and local governments herein provided for, in-
cluding such transactions of all agencies or instrumental-
HR 3662 RS
ities established or utilized by such governments, may be
audited by the General Accounting Office, at its discre-
tion, in accordance with chapter 35 of title 31, United
States Code: Provided further, That Northern Mariana Is-
lands Covenant grant funding shall be provided according
to those terms of the Agreement of the Special Represent-
atives on Future United States Financial Assistance for
the Northern Mariana Islands approved by Public Law
99–396, or any subsequent legislation related to Common-
wealth of the Northern Mariana Islands grant funding:
Provided further, That section 703(a) of Public Law 94–
241, as amended, is hereby amended by striking ‘‘of the
Government of the Northern Mariana Islands’’: Provided
further, That of the amounts provided for technical assist-
ance, sufficient funding shall be made available for a grant
to the Close Up Foundation: Provided further, That the
funds for the program of operations and maintenance im-
provement are appropriated to institutionalize routine op-
erations and maintenance improvement of capital infra-
structure in American Samoa, Guam, the Virgin Islands,
the Commonwealth of the Northern Mariana Islands, the
Republic of Palau, the Republic of the Marshall Islands,
and the Federated States of Micronesia through assess-
ments of long-range operations maintenance needs, im-
proved capability of local operations and maintenance in-
HR 3662 RS
stitutions and agencies (including management and voca-
tional education training), and project-specific mainte-
nance (with territorial participation and cost sharing to
be determined by the Secretary based on the individual
territory’s commitment to timely maintenance of its cap-
ital assets): Provided further, That any appropriation for
disaster assistance under this head in this Act or previous
appropriations Acts may be used as non-Federal matching
funds for the purpose of hazard mitigation grants provided
pursuant to section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c).
COMPACT OF FREE ASSOCIATION
For economic assistance and necessary expenses for
the Federated States of Micronesia and the Republic of
the Marshall Islands as provided for in sections 122, 221,
223, 232, and 233 of the Compacts of Free Association,
and for economic assistance and necessary expenses for
the Republic of Palau as provided for in sections 122, 221,
223, 232, and 233 of the Compact of Free Association,
$23,638,000 $23,438,000, to remain available until ex-
pended, as authorized by Public Law 99–239 and Public
Law 99–658.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for management of the De-
partment of the Interior, $53,691,000 $58,991,000, of
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which not to exceed $7,500 may be for official reception
and representation expenses.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$35,208,000 $35,443,000.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector
General, $24,439,000, together with any funds or prop-
erty transferred to the Office of Inspector General through
forfeiture proceedings or from the Department of Justice
Assets Forfeiture Fund or the Department of the Treas-
ury Assets Forfeiture Fund, that represent an equitable
share from the forfeiture of property in investigations in
which the Office of Inspector General participated, with
such transferred funds to remain available until expended.
NATIONAL INDIAN GAMING COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the National Indian Gam-
ing Commission, pursuant to Public Law 100–497,
$1,000,000.
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OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
For operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts,
and grants, $19,126,000 $36,338,000, to remain available
until expended for trust funds management: Provided,
That funds made available to tribes and tribal organiza-
tions through contracts or grants obligated during fiscal
year 1997, as authorized by the Indian Self-Determination
Act of 1975 (25 U.S.C. 450 et seq.), shall remain available
until expended by the contractor or grantee: Provided fur-
ther, 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 an accounting of such funds from
which the beneficiary can determine whether there has
been a loss: Provided further, That unobligated balances
previously made available (1) to liquidate obligations owed
tribal and individual Indian payees of any checks canceled
pursuant to section 1003 of the Competitive Equality
Banking Act of 1987 (Public Law 100–86; 31 U.S.C.
3334(b)), (2) to restore Individual Indian Monies trust
funds, Indian Irrigation Systems, and Indian Power Sys-
HR 3662 RS
tems accounts amounts invested in credit unions or de-
faulted savings and loan associations and which where 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 has been reduced to a judgement or
settlement agreement approved by the Department of Jus-
tice, under the heading ‘‘Indian Land and Water Claim
Settlements and Miscellaneous Payments to Indians’’, Bu-
reau of Indian Affairs in fiscal years 1995 and 1996, are
hereby transferred to and merged with this appropriation
and may only be used for the operation of trust programs,
in accordance with this appropriation.
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from avail-
able resources within the Working Capital Fund, 15 air-
craft, 10 of which shall be for replacement and which may
be obtained by donation, purchase or through available ex-
cess surplus property: Provided, That notwithstanding any
other provision of law, existing aircraft being replaced may
be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft: Pro-
vided further, That no programs funded with appropriated
funds in ‘‘Departmental Management’’, ‘‘Office of the So-
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licitor’’, and ‘‘Office of Inspector General’’ may be aug-
mented through the Working Capital Fund or the Consoli-
dated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE
INTERIOR
SEC. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau
or office), with the approval of the Secretary, for the emer-
gency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment dam-
aged or destroyed by fire, flood, storm, or other unavoid-
able causes: Provided, That no funds shall be made avail-
able under this authority until funds specifically made
available to the Department of the Interior for emer-
gencies shall have been exhausted: Provided further, That
all funds used pursuant to this section are hereby des-
ignated by Congress to be ‘‘emergency requirements’’ pur-
suant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985, and must be re-
plenished by a supplemental appropriation which must be
requested as promptly as possible.
SEC. 102. The Secretary may authorize the expendi-
ture or transfer of any no year appropriation in this title,
in addition to the amounts included in the budget pro-
grams of the several agencies, for the suppression or emer-
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gency prevention of forest or range fires on or threatening
lands under the jurisdiction of the Department of the Inte-
rior; for the emergency rehabilitation of burned-over lands
under its jurisdiction; for emergency actions related to po-
tential or actual earthquakes, floods, volcanoes, storms, or
other unavoidable causes; for contingency planning subse-
quent to actual oilspills; response and natural resource
damage assessment activities related to actual oilspills; for
the prevention, suppression, and control of actual or po-
tential grasshopper and Mormon cricket outbreaks on
lands under the jurisdiction of the Secretary, pursuant to
the authority in section 1773(b) of Public Law 99–198
(99 Stat. 1658); for emergency reclamation projects under
section 410 of Public Law 95–87; and shall transfer, from
any no year funds available to the Office of Surface Min-
ing Reclamation and Enforcement, such funds as may be
necessary to permit assumption of regulatory authority in
the event a primacy State is not carrying out the regu-
latory provisions of the Surface Mining Act: Provided,
That appropriations made in this title for fire suppression
purposes shall be available for the payment of obligations
incurred during the preceding fiscal year, and for reim-
bursement to other Federal agencies for destruction of ve-
hicles, aircraft, or other equipment in connection with
their use for fire suppression purposes, such reimburse-
HR 3662 RS
ment to be credited to appropriations currently available
at the time of receipt thereof: Provided further, That for
emergency rehabilitation and wildfire suppression activi-
ties, no funds shall be made available under this authority
until funds appropriated to ‘‘Wildland Fire Management’’
shall have been exhausted: Provided further, That all funds
used pursuant to this section are hereby designated by
Congress to be ‘‘emergency requirements’’ pursuant to
section 251(b)(2)(D) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, and must be replen-
ished by a supplemental appropriation which must be re-
quested as promptly as possible: Provided further, That
such replenishment funds shall be used to reimburse, on
a pro rata basis, accounts from which emergency funds
were transferred.
SEC. 103. Appropriations made in this title shall be
available for operation of warehouses, garages, shops, and
similar facilities, wherever consolidation of activities will
contribute to efficiency or economy, and said appropria-
tions shall be reimbursed for services rendered to any
other activity in the same manner as authorized by sec-
tions 1535 and 1536 of title 31, United States Code: Pro-
vided, That reimbursements for costs and supplies, mate-
rials, equipment, and for services rendered may be cred-