H. R. 2361—14
That notwithstanding any other provision of law, $15,000 under 
this heading shall be available for refunds of overpayments in 
connection with certain Indian leases in which the Director of 
MMS concurred with the claimed refund due, to pay amounts 
owed to Indian allottees or tribes, or to correct prior unrecoverable 
erroneous payments: Provided further, That in fiscal year 2006 
and thereafter, the MMS may under the royalty-in-kind program, 
or under its authority to transfer oil to the Strategic Petroleum 
Reserve, use a portion of the revenues from royalty-in-kind sales, 
without regard to fiscal year limitation, to pay for transportation 
to wholesale market centers or upstream pooling points, to process 
or otherwise dispose of royalty production taken in kind, and to 
recover MMS transportation costs, salaries, and other administra-
tive costs directly related to the royalty-in-kind program: Provided 
further, That MMS shall analyze and document the expected return 
in advance of any royalty-in-kind sales to assure to the maximum 
extent practicable that royalty income under the 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, $7,006,000, 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; $110,435,000: Pro-
vided, That the Secretary of the Interior, pursuant to regulations, 
may use directly or through grants to States, moneys collected 
in fiscal year 2006 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, $188,014,000, 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
H. R. 2361—15
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 2006: 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 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 Government for the purpose of environmental res-
toration related to treatment 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 Reclamation Act: Provided further, That amounts allo-
cated under section 402(g)(2) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1232(g)(2)) as of September 
30, 2005, but not appropriated as of that date, are reallocated 
to the allocation established in section 402(g)(3) of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(g)(3)): 
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: Provided further, That 
amounts provided under this heading may be used for the travel 
and per diem expenses of State and tribal personnel attending 
Office of Surface Mining Reclamation and Enforcement sponsored 
training. 
ADMINISTRATIVE PROVISION 
With funds available for the Technical Innovation and Profes-
sional Services program in this Act, the Secretary may transfer 
title for computer hardware, software and other technical equipment 
to State and Tribal regulatory and reclamation programs. 
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, $1,991,490,000, to remain available until September 
30, 2007 except as otherwise provided herein, of which not to
H. R. 2361—16
exceed $86,462,000 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 $134,609,000 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 2006, 
as authorized by such Act, except that tribes and tribal organiza-
tions 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 $464,585,000 for school operations 
costs of Bureau-funded schools and other education programs shall 
become available on July 1, 2006, and shall remain available until 
September 30, 2007; and of which not to exceed $61,667,000 shall 
remain available until expended for housing improvement, road 
maintenance, attorney fees, litigation support, the Indian Self-
Determination Fund, land records improvement, 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 associated 
with ongoing grants entered into with the Bureau prior to or during 
fiscal year 2005 for the operation of Bureau-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 administrative cost grants to tribes and tribal organiza-
tions that enter into grants for the operation on or after July 
1, 2005, of Bureau-operated schools: Provided further, That any 
forestry 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 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, 2008. 
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, $275,637,000, 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 2006, 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
H. R. 2361—17
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(b), 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. 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 
school construction projects, the Secretary may assume control of 
a project and all funds related to the project, if, within 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 planning and design phase of 
the project and commenced construction 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 expansion 
needed in agency offices to meet trust reform implementation. 
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS 
PAYMENTS TO INDIANS 
For miscellaneous payments to Indian tribes and individuals 
and for necessary administrative expenses, $34,754,000, to remain 
available until expended, for implementation of Indian land and 
water claim settlements pursuant to Public Laws 99–264, 100–
580, 101–618, 106–554, 107–331, and 108–34, and for implementa-
tion of other land and water rights settlements, of which 
$10,000,000 shall be available for payment to the Quinault Indian 
Nation pursuant to the terms of the North Boundary Settlement 
Agreement dated July 14, 2000, providing for the acquisition of 
perpetual conservation easements from the Nation. 
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT 
For the cost of guaranteed and insured loans, $6,348,000, of 
which $701,000 is for administrative expenses, as authorized by 
the Indian Financing Act of 1974, as amended: Provided, 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 
$118,884,000. 
ADMINISTRATIVE PROVISIONS 
The Bureau of Indian Affairs may carry out the operation 
of Indian programs by direct expenditure, contracts, cooperative