456 
CONSTRUCTION 
(INCLUDING TRANSFER OF FUNDS) 
For construction, repair, improvement, and mainte-
nance of irrigation and power systems, buildings, utilities, 
and other facilities, including architectural and engineer-
ing services by contract; acquisition of lands, and interests 
in lands; and preparation of lands for farming, and for 
construction of the Navajo Indian Irrigation Project pur-
suant to Public Law 87–483, $217,688,000, 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 per-
cent of contract authority available to the Bureau of In-
dian 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: Pro-
vided further, That for fiscal year 2009, in implementing 
new construction or facilities improvement and repair 
project grants in excess of $100,000 that are provided to 
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 
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457 
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 determine a schedule of 
payments for the work to be performed: Provided further, 
That in considering grant applications, the Secretary shall 
consider whether such grantee would be deficient in assur-
ing 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 man-
agement capabilities: Provided further, That if the Sec-
retary declines a grant application, the Secretary shall fol-
low the requirements contained in 25 U.S.C. 2504(f): Pro-
vided 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 fur-
ther, That in order to ensure timely completion of con-
struction 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 
grantee 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: Pro-
vided further, That this appropriation may be reimbursed 
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from the Office of the Special Trustee for American Indi-
ans appropriation for the appropriate share of construc-
tion 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 payments and necessary administrative expenses 
for implementation of Indian land and water claim settle-
ments pursuant to Public Laws 99–264, 100–580, 101– 
618, 108–447, 109–379, and 109–479, and for implemen-
tation of other land and water rights settlements, 
$21,627,000, to remain available until expended. 
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT 
For the cost of guaranteed loans, $8,186,000, of 
which $1,600,000 is for administrative expenses, as au-
thorized by the Indian Financing Act of 1974, as amend-
ed: Provided, That of the amounts provided herein for ad-
ministrative expenses, $500,000 is for the modernization 
of a management and accounting system: Provided further, 
That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congres-
sional 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 
$85,200,517. 
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