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Public Law 95–87; and shall transfer, from any no year
funds available to the Office of Surface Mining 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 regulatory provisions of the
Surface Mining Act: Provided, That appropriations made
in this title for wildland fire operations shall be available
for the payment of obligations incurred during the pre-
ceding fiscal year, and for reimbursement to other Federal
agencies for destruction of vehicles, aircraft, or other equip-
ment in connection with their use for wildland fire oper-
ations, such reimbursement to be credited to appropriations
currently available at the time of receipt thereof: Provided
further, That for wildland fire operations, no funds shall
be made available under this authority until the Secretary
determines that funds appropriated for ‘‘wildland fire oper-
ations’’ shall be exhausted within 30 days: Provided further,
That all funds used pursuant to this section are hereby des-
ignated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), and must be re-
plenished by a supplemental appropriation which must be
requested 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.
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SEC. 103. Appropriations made to the Department of
the Interior in this title shall be available for services as
authorized by 5 U.S.C. 3109, when authorized by the Sec-
retary, in total amount not to exceed $500,000; hire, main-
tenance, and operation of aircraft; hire of passenger motor
vehicles; purchase of reprints; payment for telephone service
in private residences in the field, when authorized under
regulations approved by the Secretary; and the payment of
dues, when authorized by the Secretary, for library member-
ship in societies or associations which issue publications to
members only or at a price to members lower than to sub-
scribers who are not members.
SEC. 104. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of offshore preleasing, leasing and related activities placed
under restriction in the President’s moratorium statement
of June 12, 1998, in the areas of northern, central, and
southern California; the North Atlantic; Washington and
Oregon; and the eastern Gulf of Mexico south of 26 degrees
north latitude and east of 86 degrees west longitude.
SEC. 105. No funds provided in this title may be ex-
pended by the Department of the Interior to conduct offshore
oil and natural gas preleasing, leasing and related activi-
ties in the eastern Gulf of Mexico planning area for any
lands located outside Sale 181, as identified in the final
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Outer Continental Shelf 5-Year Oil and Gas Leasing Pro-
gram, 1997–2002.
SEC. 106. No funds provided in this title may be ex-
pended by the Department of the Interior to conduct oil and
natural gas preleasing, leasing and related activities in the
Mid-Atlantic and South Atlantic planning areas.
SEC. 107. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Office of Special
Trustee for American Indians and any unobligated bal-
ances from prior appropriations Acts made under the same
headings shall be available for expenditure or transfer for
Indian trust management and reform activities, except that
total funding for historical accounting activities shall not
exceed amounts specifically designated in this Act for such
purpose.
SEC. 108. Notwithstanding any other provision of law,
in fiscal years 2006 through 2010, for the purpose of reduc-
ing the backlog of Indian probate cases in the Department
of the Interior, the hearing requirements of chapter 10 of
title 25, United States Code, are deemed satisfied by a pro-
ceeding conducted by an Indian probate judge, appointed
by the Secretary without regard to the provisions of title
5, United States Code, governing the appointments in the
competitive service, for such period of time as the Secretary
determines necessary: Provided, That the basic pay of an
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Indian probate judge so appointed may be fixed by the Sec-
retary without regard to the provisions of chapter 51, and
subchapter III of chapter 53 of title 5, United States Code,
governing the classification and pay of General Schedule
employees, except that no such Indian probate judge may
be paid at a level which exceeds the maximum rate payable
for the highest grade of the General Schedule, including lo-
cality pay.
SEC. 109. Notwithstanding any other provision of law,
the Secretary of the Interior is authorized to redistribute
any Tribal Priority Allocation funds, including tribal base
funds, to alleviate tribal funding inequities by transferring
funds to address identified, unmet needs, dual enrollment,
overlapping service areas or inaccurate distribution meth-
odologies. No tribe shall receive a reduction in Tribal Pri-
ority Allocation funds of more than 10 percent in fiscal
year 2006. Under circumstances of dual enrollment, over-
lapping service areas or inaccurate distribution methodolo-
gies, the 10 percent limitation does not apply.
SEC. 110. (a)(1) For fiscal year 2006 and each suc-
ceeding fiscal year, any funds made available by this Act
for the Southwest Indian Polytechnic Institute and Haskell
Indian Nations University for postsecondary programs of
the Bureau of Indian Affairs in excess of the amount made
available for those postsecondary programs for fiscal year
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2005 shall be allocated in direct proportion to the need of
the schools, as determined in accordance with the postsec-
ondary funding formula adopted by the Office of Indian
Education Programs.
(2) For fiscal year 2007 and each succeeding fis-
cal year, the Bureau of Indian Affairs shall use the
postsecondary funding formula adopted by the Office
of Indian Education Programs based on the needs of
the Southwest Indian Polytechnic Institute and Has-
kell Indian Nations University to justify the amounts
submitted as part of the budget request of the Depart-
ment of the Interior.
SEC. 111. Notwithstanding any other provision of law,
in conveying the Twin Cities Research Center under the au-
thority provided by Public Law 104–134, as amended by
Public Law 104–208, the Secretary may accept and retain
land and other forms of reimbursement: Provided, That the
Secretary may retain and use any such reimbursement
until expended and without further appropriation: (1) for
the benefit of the National Wildlife Refuge System within
the State of Minnesota; and (2) for all activities authorized
by Public Law 100–696; 16 U.S.C. 460zz.
SEC. 112. The Secretary of the Interior may use or
contract for the use of helicopters or motor vehicles on the
Sheldon and Hart National Wildlife Refuges for the purpose