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as authorized by such Act, except that tribes and tribal or-
ganizations may use their tribal priority allocations for
unmet indirect contract support costs of ongoing contracts,
grants, or compacts, or annual funding agreements and for
unmet welfare assistance costs; and of which not to exceed
$454,725,000 for school operations costs of Bureau-funded
schools and other education programs shall become available
on July 1, 2006, and shall remain available until Sep-
tember 30, 2007; and of which not to exceed $61,667,000
shall remain available until expended for housing improve-
ment, road maintenance, attorney fees, litigation support,
the Indian Self-Determination Fund, land records improve-
ment, 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
$44,718,000 within and only from such amounts made
available for school operations shall be available to tribes
and tribal organizations for administrative cost grants as-
sociated with ongoing grants entered into with the Bureau
prior to or during fiscal year 2005 for the operation of Bu-
reau-funded schools, and up to $500,000 within and only
from such amounts made available for school operations
shall be available for the transitional costs of initial admin-
istrative cost grants to tribes and tribal organizations that
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enter into grants for the operation on or after July 1, 2005,
of Bureau-operated schools: Provided further, That any for-
estry funds allocated to a tribe which remain unobligated
as of September 30, 2007, may be transferred during fiscal
year 2008 to an Indian forest land assistance account estab-
lished 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,
2008.
CONSTRUCTION
For construction, repair, improvement, and mainte-
nance 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, $267,137,000, to remain available
until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irriga-
tion Project may be transferred to the Bureau of Reclama-
tion: Provided further, That not to exceed 6 percent of con-
tract 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: Pro-
vided further, That any funds provided for the Safety of
Dams program pursuant to 25 U.S.C. 13 shall be made
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available on a nonreimbursable basis: Provided further,
That for fiscal year 2006, in implementing new construc-
tion 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 Pro-
grams contained in 43 CFR part 12 as the regulatory re-
quirements: 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 pay-
ments 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 fi-
nancial 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
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school construction projects, the Secretary may assume con-
trol of a project and all funds related to the project, if, with-
in 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 plan-
ning and design phase of the project and commenced con-
struction of the replacement school: Provided further, That
this Appropriation may be reimbursed from the Office of
the Special Trustee for American Indians Appropriation
for the appropriate share of construction costs for space ex-
pansion needed in agency offices to meet trust reform imple-
mentation.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND
MISCELLANEOUS PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and indi-
viduals 
and 
for 
necessary 
administrative 
expenses,
$24,754,000, to remain available until expended, for imple-
mentation of Indian land and water claim settlements pur-
suant to Public Laws 99–264, 100–580, 101–618, 106–554,
107–331, and 108–34, and for implementation of other land
and water rights settlements.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed and insured loans,
$6,348,000, of which $701,000 is for administrative ex-
penses, as authorized by the Indian Financing Act of 1974,
as amended: Provided, That such costs, including the cost
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of modifying 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 prin-
cipal, any part of which is to be guaranteed, not to exceed
$118,884,000.
ADMINISTRATIVE PROVISIONS
The Bureau of Indian Affairs may carry out the oper-
ation of Indian programs by direct expenditure, contracts,
cooperative agreements, compacts and grants, either di-
rectly or in cooperation with States and other organiza-
tions.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian
Affairs may contract for services in support of the manage-
ment, operation, and maintenance of the Power Division
of the San Carlos Irrigation Project.
Appropriations for the Bureau of Indian Affairs (ex-
cept the revolving fund for loans, the Indian loan guarantee
and insurance fund, and the Indian Guaranteed Loan Pro-
gram account) shall be available for expenses of exhibits,
and purchase of not to exceed 229 passenger motor vehicles,
of which not to exceed 187 shall be for replacement only.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
operations or pooled overhead general administration (ex-
cept facilities operations and maintenance) shall be avail-
able for tribal contracts, grants, compacts, or cooperative
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agreements with the Bureau of Indian Affairs under the
provisions of the Indian Self-Determination Act or the
Tribal Self-Governance Act of 1994 (Public Law 103–413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs for
distribution to other tribes, this action shall not diminish
the Federal Government’s trust responsibility to that tribe,
or the government-to-government relationship between the
United States and that tribe, or that tribe’s ability to access
future appropriations.
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.
Appropriations made available in this or any other
Act for schools funded by the Bureau shall be available only
to the schools in the Bureau school system as of September
1, 1996. No funds available to the Bureau shall be used to
support expanded grades for any school or dormitory be-
yond the grade structure in place or approved by the Sec-
retary of the Interior at each school in the Bureau school
system as of October 1, 1995. Funds made available under
this Act may not be used to establish a charter school at
a Bureau-funded school (as that term is defined in section
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1146 of the Education Amendments of 1978 (25 U.S.C.
2026)), except that a charter school that is in existence on
the date of the enactment of this Act and that has operated
at a Bureau-funded school before September 1, 1999, may
continue to operate during that period, but only if the char-
ter school pays to the Bureau a pro rata share of funds
to reimburse the Bureau for the use of the real and personal
property (including buses and vans), the funds of the char-
ter school are kept separate and apart from Bureau funds,
and the Bureau does not assume any obligation for charter
school programs of the State in which the school is located
if the charter school loses such funding. Employees of Bu-
reau-funded schools sharing a campus with a charter school
and performing functions related to the charter school’s op-
eration and employees of a charter school shall not be treat-
ed as Federal employees for purposes of chapter 171 of title
28, United States Code.
Notwithstanding any other provision of law, including
section 113 of title I of appendix C of Public Law 106–
113, if a tribe or tribal organization in fiscal year 2003
or 2004 received indirect and administrative costs pursuant
to a distribution formula based on section 5(f) of Public
Law 101–301, the Secretary shall continue to distribute in-
direct and administrative cost funds to such tribe or tribal
organization using the section 5(f) distribution formula.
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DEPARTMENTAL OFFICES
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories
under the jurisdiction of the Department of the Interior,
$76,683,000, of which: (1) $69,802,000 shall be available
until expended for technical assistance, including mainte-
nance assistance, disaster assistance, insular management
controls, coral reef initiative activities, and brown tree
snake control and research; grants to the judiciary in Amer-
ican Samoa for compensation and expenses, as authorized
by law (48 U.S.C. 1661(c)); grants to the Government of
American Samoa, in addition to current local revenues, for
construction and support of governmental functions; 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 (Public Law 94–241; 90 Stat.
272); and (2) $6,881,000 shall be available for salaries and
expenses of the Office of Insular Affairs: Provided, That all
financial transactions of the territorial and local govern-
ments herein provided for, including such transactions of
all agencies or instrumentalities established or used by such
governments, may be audited by the Government Account-
ability Office, at its discretion, in accordance with chapter
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35 of title 31, United States Code: Provided further, That
Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the
Special Representatives on Future United States Financial
Assistance for the Northern Mariana Islands approved by
Public Law 104–134: Provided further, That of the amounts
provided for technical assistance, sufficient funds shall be
made available for a grant to the Pacific Basin Develop-
ment Council: Provided further, That of the amounts pro-
vided for technical assistance, sufficient funding shall be
made available for a grant to the Close Up Foundation:
Provided further, That the funds for the program of oper-
ations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance im-
provement of capital infrastructure with territorial partici-
pation and cost sharing to be determined by the Secretary
based on the grantee’s commitment to timely maintenance
of its capital assets: Provided further, That any appropria-
tion for disaster assistance under this heading in this Act
or previous appropriations Acts may be used as non-Fed-
eral 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).
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COMPACT OF FREE ASSOCIATION
For grants and necessary expenses, $4,862,000, to re-
main available until expended, as provided for in sections
221(a)(2), 221(b), and 233 of the Compact of Free Associa-
tion for the Republic of Palau; and section 221(a)(2) of the
Compacts of Free Association for the Government of the Re-
public of the Marshall Islands and the Federated States of
Micronesia, as authorized by Public Law 99–658 and Pub-
lic Law 108–188.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for management of the Depart-
ment of the Interior, $94,627,000; of which $7,441,000 is
to be derived from the Land and Water Conservation Fund
and shall remain available until expended; of which not to
exceed $8,500 may be for official reception and representa-
tion expenses; and of which up to $1,000,000 shall be avail-
able for workers compensation payments and unemploy-
ment compensation payments associated with the orderly
closure of the United States Bureau of Mines: Provided,
That none of the funds in this Act or previous appropria-
tions Acts may be used to establish reserves in the Working
Capital Fund account other than for accrued annual leave
and depreciation of equipment without prior approval of
the House and Senate Committees on Appropriations: Pro-
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HR 2361 EAS
vided further, That amounts otherwise appropriated by this
Act for administrative expenses in operating accounts for
bureaus and offices of the Department of the Interior are
reduced by $12,000,000 and, not later than 30 days after
the date of enactment of this Act, the Director of the Office
of Management and Budget shall submit to the Committees
on Appropriations of the House of Representatives and the
Senate a listing by account of the pro rata reduction in
such accounts made pursuant to this provision.
WORKING CAPITAL FUND
For the acquisition of a departmental financial and
business management system, $22,555,000, to remain avail-
able until expended.
PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of October
20, 
1976, 
as 
amended 
(31 
U.S.C. 
6901–6907),
$235,000,000, of which not to exceed $400,000 shall be
available for administrative expenses: Provided, That no
payment shall be made to otherwise eligible units of local
government if the computed amount of the payment is less
than $100.
CENTRAL HAZARDOUS MATERIALS FUND
For necessary expenses of the Department of the Inte-
rior and any of its component offices and bureaus for the
remedial action, including associated activities, of haz-
ardous waste substances, pollutants, or contaminants pur-
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HR 2361 EAS
suant to the Comprehensive Environmental Response, Com-
pensation, and Liability Act, as amended (42 U.S.C. 9601
et seq.), $9,855,000, to remain available until expended:
Provided, That hereafter, notwithstanding 31 U.S.C. 3302,
sums recovered from or paid by a party in advance of or
as reimbursement for remedial action or response activities
conducted by the Department pursuant to section 107 or
113(f) of such Act, shall be credited to this account, to be
available until expended without further appropriation:
Provided further, That hereafter such sums recovered from
or paid by any party are not limited to monetary payments
and may include stocks, bonds or other personal or real
property, which may be retained, liquidated, or otherwise
disposed of by the Secretary and which shall be credited
to this account.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$55,652,000.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector Gen-
eral, $39,116,000.
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OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
For the operation of trust programs for Indians by di-
rect expenditure, contracts, cooperative agreements, com-
pacts, and grants, $191,593,000, to remain available until
expended, of which not to exceed $58,000,000 shall be avail-
able for historical accounting: Provided, That funds for
trust management improvements and litigation support
may, as needed, be transferred to or merged with the Bureau
of Indian Affairs, ‘‘Operation of Indian Programs’’ ac-
count; the Office of the Solicitor, ‘‘Salaries and Expenses’’
account; and the Departmental Management, ‘‘Salaries and
Expenses’’ account: Provided further, That funds made
available to Tribes and Tribal organizations through con-
tracts or grants obligated during fiscal year 2006, as au-
thorized 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 further, That, not-
withstanding any other provision of law, the statute of limi-
tations shall not commence to run on any claim, including
any claim in litigation pending on the date of the enact-
ment 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
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a loss: Provided further, That, notwithstanding any other
provision of law, the Secretary shall not be required to pro-
vide a quarterly statement of performance for any Indian
trust account that has not had activity for at least 18
months and has a balance of $1.00 or less: Provided further,
That the Secretary shall issue an annual account statement
and maintain a record of any such accounts and shall per-
mit the balance in each such account to be withdrawn upon
the express written request of the account holder: Provided
further, That, not to exceed $50,000 is available for the Sec-
retary to make payments to correct administrative errors
of either disbursements from or deposits to Individual In-
dian Money or Tribal accounts after September 30, 2002:
Provided further, That erroneous payments that are recov-
ered shall be credited to and remain available in this ac-
count for this purpose.
INDIAN LAND CONSOLIDATION
For consolidation of fractional interests in Indian
lands and expenses associated with redetermining and re-
distributing escheated interests in allotted lands, and for
necessary expenses to carry out the Indian Land Consolida-
tion Act of 1983, as amended, by direct expenditure or coop-
erative agreement, $34,514,000, to remain available until
expended, and which may be transferred to the Bureau of
Indian Affairs and Departmental Management accounts:
Provided, That funds provided under this heading may be
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expended pursuant to the authorities contained in the pro-
visos under the heading ‘‘Office of Special Trustee for Amer-
ican Indians, Indian Land Consolidation’’ of the Interior
and Related Agencies Appropriations Act, 2001 (Public
Law 106–291).
NATURAL RESOURCES DAMAGE ASSESSMENT AND
RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment and
restoration activities by the Department of the Interior nec-
essary to carry out the provisions of the Comprehensive En-
vironmental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 et seq.), Federal Water Pollution
Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil
Pollution Act of 1990 (Public Law 101–380) (33 U.S.C.
2701 et seq.), and Public Law 101–337, as amended (16
U.S.C. 19jj et seq.), $6,106,000, to remain available until
expended.
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 existing aircraft
being replaced may be sold, with proceeds derived or trade-
in value used to offset the purchase price for the replacement
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aircraft: Provided further, That no programs funded with
appropriated funds in the ‘‘Departmental Management’’,
‘‘Office of the Solicitor’’, and ‘‘Office of Inspector General’’
may be augmented through the Working Capital Fund: Pro-
vided further, That the annual budget justification for De-
partmental Management shall describe estimated Working
Capital Fund charges to bureaus and offices, including the
methodology on which charges are based: Provided further,
That departures from the Working Capital Fund estimates
contained in the Departmental Management budget jus-
tification shall be presented to the Committees on Appro-
priations for approval: Provided further, That the Secretary
shall provide a semi-annual report to the Committees on
Appropriations on reimbursable support agreements be-
tween the Office of the Secretary and the National Business
Center and the bureaus and offices of the Department, in-
cluding the amounts billed pursuant to such agreements.
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 unavoidable
causes: Provided, That no funds shall be made available
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under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have
been exhausted: Provided further, That all funds used pur-
suant to this section are hereby designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), and must be replenished by a supple-
mental 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 programs
of the several agencies, for the suppression or emergency
prevention of wildland fires on or threatening lands under
the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its ju-
risdiction; for emergency actions related to potential or ac-
tual earthquakes, floods, volcanoes, storms, or other un-
avoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills; for the pre-
vention, suppression, and control of actual or potential
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