474
HR 4278 CPH
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 in-
dividuals similarly situated: Provided 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 alloca-
tion: Provided further, That any forestry funds allocated
to a tribe which remain unobligated as of September 30,
1997, may be transferred during 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 unobligated balances not
so transferred shall expire on September 30, 1998: Pro-
vided further, That 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 in fiscal year 1997: Provided further, That
funds made available in this or any other Act for expendi-
475
HR 4278 CPH
ture through September 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 dor-
mitory beyond the grade structure in place or approved
by the Secretary of the Interior at each school in the Bu-
reau school system as of October 1, 1995: Provided fur-
ther, That in fiscal year 1997 and thereafter, notwith-
standing the provisions of 25 U.S.C. 2012(h)(1) (A) and
(B), upon the recommendation of either (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 compensation or annual
salary rates established under 25 U.S.C. 2012(h)(1) (A)
and (B) for education positions at the school or the Agen-
cy, at a level not less than that for comparable 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: Provided further,
That any reduction to rates of basic compensation or an-
nual salary rates below the rates established under 25
U.S.C. 2012(h)(1) (A) and (B) shall apply only to edu-
476
HR 4278 CPH
cators 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 compensation at-
tached to such position under 25 U.S.C. 2012(h)(1) (A)
and (B) so long as the individual remains in the same po-
sition at the same school: Provided further, That notwith-
standing 25 U.S.C. 2012(h)(1)(B), when the rates of basic
compensation for teachers and counselors at Bureau-oper-
ated 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.
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 $94,531,000, to remain available
until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irriga-
477
HR 4278 CPH
tion Project may be transferred to the Bureau of Reclama-
tion: 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: 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 for fiscal year 1997, 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 Ad-
ministrative 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 subject to section 12.61 of 43 CFR;
the Secretary and the grantee shall negotiate and deter-
mine 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 con-
struction 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
478
HR 4278 CPH
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,
$69,241,000, to remain available until expended; of which
$68,400,000 shall be available for implementation of en-
acted Indian land and water claim settlements pursuant
to Public Laws 101–618, 102–374, 102–575, and for im-
plementation of other enacted water rights settlements, in-
cluding not to exceed $8,000,000, which shall be for the
Federal share of the Catawba Indian Tribe of South Caro-
lina Claims Settlement, 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-
491
HR 4278 CPH
or other exploration activity, on lands within the North
Aleutian Basin planning area.
SEC. 111. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of preleasing and leasing activities in the Eastern Gulf of
Mexico for Outer Continental Shelf Lease Sale 151 in the
Outer Continental Shelf Natural Gas and Oil Resource
Management Comprehensive Program, 1992–1997.
SEC. 112. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of preleasing and leasing activities in the Atlantic for
Outer Continental Shelf Lease Sale 164 in the Outer Con-
tinental Shelf Natural Gas and Oil Resource Management
Comprehensive Program, 1992–1997.
SEC. 113. There is hereby established in the Treasury
a franchise fund pilot, as authorized by section 403 of
Public Law 103–356, to be available as provided in such
section for costs of capitalizing and operating administra-
tive services as the Secretary determines may be per-
formed more advantageously as central services: Provided,
That any inventories, equipment, and other assets pertain-
ing to the services to be provided by such fund, either on
hand or on order, less the related liabilities or unpaid obli-
gations, and any appropriations made prior to the current
year for the purpose of providing capital shall be used to
534
HR 4278 CPH
NATIONAL ENDOWMENT FOR THE HUMANITIES
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National
Foundation on the Arts and the Humanities Act of 1965,
as amended, $96,100,000, shall be available to the Na-
tional Endowment for the Humanities for support of ac-
tivities in the humanities, pursuant to section 7(c) of the
Act, and for administering the functions of the Act, to
remain available until expended.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act
of 1965, as amended, $13,900,000, to remain available
until expended, of which $8,000,000 shall be available to
the National Endowment for the Humanities for the pur-
poses of section 7(h): Provided, That this appropriation
shall be available for obligation only in such amounts as
may be equal to the total amounts of gifts, bequests, and
devises of money, and other property accepted by the
Chairman or by grantees of the Endowment under the
provisions of subsections 11(a)(2)(B) and 11(a)(3)(B)
during the current and preceding fiscal years for which
equal amounts have not previously been appropriated.