H. J. Res. 2—220
under the pilot program is equal to or greater than royalty income
recognized under a comparable royalty-in-value program.
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section 1016, title
IV, sections 4202 and 4303, title VII, and title VIII, section 8201
of the Oil Pollution Act of 1990, $6,105,000, which shall be derived
from the Oil Spill Liability Trust Fund, to remain available until
expended.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Sur-
face Mining Control and Reclamation Act of 1977, Public Law
95–87, as amended, including the purchase of not to exceed 10
passenger motor vehicles, for replacement only; $105,092,000: Pro-
vided, That the Secretary of the Interior, pursuant to regulations,
may use directly or through grants to States, moneys collected
in fiscal year 2003 for civil penalties assessed under section 518
of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1268), to reclaim lands adversely affected by coal mining
practices after August 3, 1977, to remain available until expended:
Provided further, That appropriations for the Office of Surface
Mining Reclamation and Enforcement may provide for the travel
and per diem expenses of State and tribal personnel attending
Office of Surface Mining Reclamation and Enforcement sponsored
training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95–87,
as amended, including the purchase of not more than 10 passenger
motor vehicles for replacement only, $191,745,000, to be derived
from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended; of which up to $10,000,000, to
be derived from the Federal Expenses Share of the Fund, shall
be for supplemental grants to States for the reclamation of aban-
doned sites with acid mine rock drainage from coal mines, and
for associated activities, through the Appalachian Clean Streams
Initiative: Provided, That grants to minimum program States will
be $1,500,000 per State in fiscal year 2003: Provided further, That
of the funds herein provided up to $18,000,000 may be used for
the emergency program authorized by section 410 of Public Law
95–87, as amended, of which no more than 25 percent shall be
used for 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 appropriated for the emergency
reclamation program shall not be subject to the 25 percent limita-
tion 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 percent from the recovery of the delinquent debt owed
to the United States Government to pay for contracts to collect
H. J. Res. 2—221
these debts: Provided further, That funds made available under
title IV of Public Law 95–87 may be used for any required non-
Federal share of the cost of projects funded by the Federal Govern-
ment for the purpose of environmental restoration related to treat-
ment or abatement of acid mine drainage from abandoned mines:
Provided further, That such projects must be consistent with the
purposes and priorities of the Surface Mining Control and Reclama-
tion Act: Provided further, That the State of Maryland may set
aside the greater of $1,000,000 or 10 percent of the total of the
grants made available to the State under title IV of the Surface
Mining Control and Reclamation Act of 1977, as amended (30
U.S.C. 1231 et seq.), if the amount set aside is deposited in an
acid mine drainage abatement and treatment fund established
under a State law, pursuant to which law the amount (together
with all interest earned on the amount) is expended by the State
to undertake acid mine drainage abatement and treatment projects,
except that before any amounts greater than 10 percent of its
title IV grants are deposited in an acid mine drainage abatement
and treatment fund, the State of Maryland must first complete
all Surface Mining Control and Reclamation Act priority one
projects.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For expenses necessary for the operation of Indian programs,
as authorized by law, including the Snyder Act of November 2,
1921 (25 U.S.C. 13), the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450 et seq.), as amended, the
Education Amendments of 1978 (25 U.S.C. 2001–2019), and the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.),
as amended, $1,857,319,000, to remain available until September
30, 2004 except as otherwise provided herein, of which not to
exceed $87,857,000 shall be for welfare assistance payments and
notwithstanding any other provision of law, including but not lim-
ited to the Indian Self-Determination Act of 1975, as amended,
not to exceed $133,209,000 shall be available for payments to tribes
and tribal organizations for contract support costs associated with
ongoing contracts, grants, compacts, or annual funding agreements
entered into with the Bureau prior to or during fiscal year 2003,
as authorized by such Act, except that tribes and tribal organiza-
tions may use their tribal priority allocations for unmet indirect
costs of ongoing contracts, grants, or compacts, or annual funding
agreements and for unmet welfare assistance costs; and up to
$2,000,000 shall be for the Indian Self-Determination Fund which
shall be available for the transitional cost of initial or expanded
tribal contracts, grants, compacts or cooperative agreements with
the Bureau under such Act; and of which not to exceed $447,985,000
for school operations costs of Bureau-funded schools and other edu-
cation programs shall become available on July 1, 2003, and shall
remain available until September 30, 2004; and of which not to
exceed $57,686,000 shall remain available until expended for
housing improvement, 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 lim-
ited to the Indian Self-Determination Act of 1975, as amended,
H. J. Res. 2—222
and 25 U.S.C. 2008, not to exceed $45,065,000 within and only
from such amounts made available for school operations shall be
available to tribes and tribal organizations for administrative cost
grants associated with the operation of Bureau-funded schools: Pro-
vided further, That any forestry funds allocated to a tribe which
remain unobligated as of September 30, 2004, may be transferred
during fiscal year 2005 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, 2005: Provided
further, That ISEP contingency funds may be used to cover expenses
for negotiated rulemaking required by Public Law 107–110.
CONSTRUCTION
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other facili-
ties, including architectural and engineering services by contract;
acquisition of lands, and interests in lands; and preparation of
lands for farming, and for construction of the Navajo Indian Irriga-
tion Project pursuant to Public Law 87–483, $348,252,000, to remain
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 exceed 6 percent 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 nonreimbursable basis: Provided further, That for
fiscal year 2003, 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: Provided further, That such grants shall not be sub-
ject 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: 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(a), with respect to organizational and financial
management capabilities: 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 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, $60,949,000, to remain
available until expended; of which $24,870,000 shall be available
H. J. Res. 2—223
for implementation of enacted Indian land and water claim settle-
ments pursuant to Public Laws 101–618 and 102–575, and for
implementation of other enacted water rights settlements; of which
$5,068,000 shall be available for future water supplies facilities
under Public Law 106–163; and of which $31,011,000 shall be
available pursuant to Public Laws 99–264, 100–580, 106–263, 106–
425, and 106–554: Provided, That of the amount provided for
implementation of Public Law 106–263, $3,000,000 for a water
rights and habitat acquisition program shall be derived from the
Land and Water Conservation Fund.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed and insured loans, $5,000,000, as
authorized by the Indian Financing Act of 1974, as amended: Pro-
vided, That such costs, including the cost 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 principal, any part of which is to be guaranteed,
not to exceed $72,464,000.
In addition, for administrative expenses to carry out the
guaranteed and insured loan programs, $493,000.
ADMINISTRATIVE PROVISIONS
The Bureau of Indian Affairs may carry out the operation
of Indian programs by direct expenditure, contracts, cooperative
agreements, compacts and grants, either directly or in cooperation
with States and other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs
may contract for services in support of the management, operation,
and maintenance of the Power Division of the San Carlos Irrigation
Project.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and insurance
fund, and the Indian Guaranteed Loan Program 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, pooled
overhead general administration (except facilities operations and
maintenance), or provided to implement the recommendations of
the National Academy of Public Administration’s August 1999
report shall be available for tribal contracts, grants, compacts,
or cooperative 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 assist-
ance to public schools under 25 U.S.C. 452 et seq., shall be available