Free Response to Motion [Dispositive] - District Court of Federal Claims - federal

Case 1:02-cv-01383-MMS

Document 60-22
14, 1997

Filed 05/02/2007

Page 1 of 4

PUBLIC LAW 105-83-NOV.

111 STAT. 1543

*Public Law 105-83 105th Congress An Act
Making appropriations for the Department of the Interior and related agencies '--- Ssw! ye" en&?< %pterr?her.?O, 1998, and for other purposes. bh,. tux Nov. 14, 1997 [H.R. 21071

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Departmentof following sums are appropriated, out of any money i n t.he T ~ P I I C the ~ U !r.ter'.orsnd iiot otherwise appropriated, tar the fiscal year ending September 30, 1998, and for other purposes, namely: A C ~ 1998. , TITLE I-DEPARTMENT

~~~$~~~

OF THE INTERIOR

MANAGEMENT OF LANDS AND RESOURCES

For expenses necessary for protection, use, improvement, develo ment, disposal, cadastral surveying, classification, acquisition oPeasements and other interests in lands, and performance of other functions, including maintenance of facilities, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, including t h e general administration of the Bureau, and assessment of mineral potential of public lands pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), $583,270,000, to remain available until expended, of which $2,043,000 shall be available for assessment of the mineral otential of public lands in Alaska pursuant to section 1010 of ~ u g l i cLaw 9-87 (16 U.S.C. 3150); and of which $3,000,000 shall be derived from the special receipt account established by the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 4601-6a(i)); and of which $1,500,000 shall be available in fiscal year 1998 subject to a match by a t least an equal amount by the National Fish and Wildlife Foundation, to such Foundation for challsn e cost share projects supporting fish and wildlife conservation &ecting Bureau lands; in addition, $27,650,000 for Mining Law Administration program operations, to remain available until expended, to be reduced by amounts collected by the Bureau and credited to this appropriation from annual mining claim fees so a s to result in a final appropriation estimated a t not more than $583,270,000; and in addition, not to exceed $5,000,000, to remain available until expended, from annual mining claim fees; which shall be credited to this account for the costs of administering the mining claim fee program, and $2,000,000 from communication site rental fees established by the Bureau for the cost of administering communication site activities: Provided, That appropriations herein made

--

Item Veto Act. For more ~nformation,see the Federal &egister entry under ZEGISLATIVE

*Note: This law contains items that

were cancelled b

the President pursuant to the L~ne

HISTORY at the end of this law.

EXHIBIT'I 8
In Support of Plaintiff's Opposition to Motion to Dismiss on TPA & IHS Samish v. U.S., No. 02-1383L

Case 1:02-cv-01383-MMS 1 1STAT. 1554 1

Document 60-22 Filed 05/02/2007 PUBLIC LAW 105-83-NOV. 14, 1997

Page 2 of 4

$11,000,000: Provided further, That prior year unobligated funds appropriated for the emergency reclamation program shall not be subject to the 25 percent limitation 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 these debts: Provided further, That funds made available to States under title IV of Public Law 9587 may be used, a t their discretion, for any required non-Federal share of the cost of projects funded by the Federal Government for the purpose of environmental restoration related to treatment or abatement of acid mine drainage from abandoned mines: Provided urther, That such projects must be consistent with the purposes and priorities of the Surface Minin Control and Reclamation Act: Provided further, That the State o 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 a n acid mine drainage abatement and treatment fund established under a State law, pursuant to which law the amount (to ether with all interest earned on the amount) is expended by t e 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 de osited in an acid mine drainage abatement and treatment fund, t e State of Maryland must first complete all Surface Mining Control and Reclamation Act priority one projects.

f

f

g

OPERATION OF INDIAN PROGRAMS

For operation of Indian programs by direct expenditure, contracts, cooperative agreements, compacts, and grants including expenses necessary to provide education and welfare services for Indians, either directly or in cooperation with States and other organizations, including payment of care, tuition, assistance, and other expenses of Indians in boarding homes, or institutions, or schools; grants and other assistance to needy Indians; maintenance of law and order; management, development, improvement, and protection of resources and appurtenant facilities under the jurisdiction of the Bureau, including payment of irrigation assessments and charges; acquisition of w a k r rights; advances for Indian industrial and business enterprises; operation of Indian arts and crafts shops and museums; development of Indian arts and crafts, as authorized by law; for the eneral administration of the Bureau, including such expenses in leld offices; maintaining of Indian reservation roads as defined in 23 U.S.C. 101; and construction, repair, and improvement of Indian housing, $1,528,588,000, to remain available until September 30, 1999 except as otherwise provided herein, of which not to exceed $93,825,000 shall be for welfare assistance payments and not to exceed $105,829,000 shall be for payments to tribes and tribal organizations for contract support costs associated with ongoing contracts or grants or compacts entered into with the Bureau prior to fiscal year 1998, as authorized by the Indian Self-Determination Act of 1975, as amended, and up to $5,000,000 shall be for the Indian Self-Determination Fund,

f

Case 1:02-cv-01383-MMS

Document 60-22

Filed 05/02/2007

Page 3 of 4

PUBLIC LAW 105-83-NOV. 14, 1997

111 STAT. 1555

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 $374,290,000 for school operations costs of Bureau-funded schools and other education programs shall become available on July 1, 1998, and shall remain available until September 30, 1999; and of which not to exceed $55,949,000 shall remain available until expended for housing improvement, road maintenance, attorney fees, litigation support, self-governance grants, the Indian SelfDetermination Fund, land records improvements and the NavajoHopi Settlement Program: Provided, That tribes and tribal contractors may use their tribal priority allocations for unmet indirect costs of ongoing contracts, grants or compact agreements and for unmet welfare assistance costs: Provided firther, That funds made available to tribes and tribal organizatiocs through contracts, compact agreements, or granis obligaAd dr;ii-,- f s d yoas 1998 m d 1999, as authorized by the Indian Self-Determination Act of 1975, Aiiieiiheiik vC is88 or grants authorized by the h d i a E ? . ~ c s ! i ~ i i (25 U.S.C. 2001 and 2008A) shall remain available until expended by the contractor or grantee: Provided firther, That to provide funding uniformity within a Self-Governance Compact, any funds provided in this A t with availability for more than two years c may be reprogrammed to two year availability but shall remain available within the Compact until expended. Provided further, That notwithstanding any other provision of law, Indian tribal governments may, by appropriate changes in eli ility criteria or by other means, change eligibility for genera assistance or ? ' change the amount of general assistance payments for individuals within the service area of such tribe who are otherwise deemed eligible for general assistance payments so long as such changes are applied in a consistent manner to individuals similarly situated: Provided firther, That any savings realized by such changes shall be available for use in meeting other priorities of the tribes: Provided fwzher, That any net increase in costs to the Federal Government which result solely from tribally increased payment levels for general assistance shall be met exclusively from funds available to the tribe from within its tribal priority allocation: Provided further, That any forestry funds allocated to a tribe which remain unobligated as of September 30, 1998, may be transferred during fiscal year 1999 to a n 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 Expirationdate. so transferred shall expire on September 30, 1999: h i d e d further, That notwithstanding any other provision of law, no funds available to the Bureau, other than the amounts provided herein for assistance to public schoola under 25 U.S.C. 452 e t seq., shall be available to support the o ration of any elementary or secondary school in the State of &ka in fiscal year 1998: Provided firther, That h d s made available in this or any other Act for expenditure through September 30, 1999 for schools funded by the Bureau shall be available only to the schools in the Bureau school system as of Se tember 1, 1996: Provided further, That no funds available to the I ureau shall be used to support expanded grades for any ! school or dormitory beyond the grade structure in lace or approved by the Secretary of the Interior a t each schooP in the Bureau zs~sczalz school system as of October 1, 1995: Provided further, That beginning in fiscal year 1998 and thereafter and notwithstanding 25

*-

Case 1:02-cv-01383-MMS
111 STAT. 1556

Document 60-22

Filed 05/02/2007
14, 1997

Page 4 of 4

PUBLIC LAW 105-83-NOV.

U.S.C. 2012(h)(l)(B), when the rates of basic compensation for teachers and counselors a t Bureau-operated schools are established a t the rates of basic compensation applicable to comparable positions in overseas schools under the Defense Department Overse& Teachers Pay and Personnel Practices Act, such rates shall become effective w t h the start of the next academic year following the issuance of the Department of Defense salary schedule and shall not be effected retroactively: Provided further, That the Cibecue. Community School may use prior year school operations fun& for the construction of a new high school facility which is in compliance with 25 U.S.C. 2005(a) provided that any additional constm-uo tion costs for replacement of such facilities begun with prior year funds shall be completed exclusively with non-Federal funds: Provided further, That tribes may use tribal priority allocations funds for the replacement and repair of schooi faciiities which are in compliance with 25 U.S.C. 2005(a), so long a s such replacement or repair is approved by the Secretary and completed with nonFederal tribal and/or tribal pri0rit.y aallncatiinns f - ~ ~ d s .
CONSTRUCTION

For construction, major repair, and improvement of irrigationand power systems, buildings, utilities, and other facilities, includ-, : ing architectural and engineering services by contract; acquisitiok of lands, and interests in lands; and preparation of lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87-483, $125,051,000, to remain available until expended: Provided, That such amounts as may be available for the construction of the Navajo Indian Irrigation Project may be transferred to the Bureau of Reclamation: Provided furthe&That not to exceed 6 percent of contract authority available- t o the Bureau of Indian Affairs from the Federal Highway Trust Fund may be used to cover the road program management costs of the Bureau: Provided further, That any funds provided for the , Safety of Dams program pursuant to 25 U.S.C. 13 shall be mad$ available on a nonreimbursable basis: Provided further, That for fiscal year 1998, in implementing new construction or facilities-. improvement and repair project grants in excess of $100,000 thatare provided to tribally controlled grant schools under Public La$ 100-297, as amended, the Secretary of the Interior shall use the, Administrative and Audit Requirements a n d Cost Principles for Assistance Programs contained in 43 CFR part 12 a s 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 f i r t h r , 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: Prouuied further, That if the Secretary declines a n application, the Secretary shall follow the requirements contained in 25 U.S.C. 2505(0: Provided firther, 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).