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

Case 1:02-cv-01383-MMS

Document 60-20

Filed 05/02/2007

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PUBLIC LAW 104-134--APR. 26, 1996

110 STAT. 1321

* Public Law 104-134
104th Congress

An Act
&f&i;-,- appr;;pdatioiis

I^ ii, oaake a ~ n e r c i o w n p a y m e n toward S& t a balanced budget, and for other purposes;

f ~ fixd y e a i

Apr. 26, 1996

[H.R. 3019)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Omnibus SECTION For programs, projects or activities in the Depart- Consolidated 101. ments of Commerce, Justice, and State, the Judiciary, and Related Resciissions and Appropriations Agencies Appropriations Act, 1996,provided as follows, to be effec- Act of 1996. tive as if it had been enacted into law as the regular appropriations Act: AN ACT Departments of
Commerce,

Making appropriations for the Departments of Commerce, Jus- Justice, and State, the tice, and State, the Judiciary, and related agencies for the fiscal Judiciary, and year ending September 30,1996, and for other purposes R e W Agencie

TITLE I-DEPARTMENT

O F JUSTICE

Appropnatton Act, 1996. Department of Justice Appropriations Act, 1996.

SALARIES AND EXPENSES

For expenses necessary for the administration of the Department of Justice, $74,282,000;includin not to exceed $3,317,000 for the Facilities Program 2000, a n 8 including $5,000,000 for management and oversight of Immigration and Naturalization Senrice activities, both sums to remain available until expended: Provided, That not to exceed 48 ermanent positions and 55 fulltime equivalent workyears and &,477,000 shall be expended for the Department Leadership Program, exclusive of augmentation that occurred in these offices in fiscal year 1995:Provided firther, That not to exceed 76 permanent positions and 90 full-time equivalent workyears and $9,487,000 shall be expended for the Offices of Legislative Affairs, Public Affairs and Policy Development: Provided further, That the latter three aforementioned offices shall not be augmented by personnel details, temporary transfers of personnel on either a reimbursable or non-reimbursable basis or any other type of formal or informal transfer or reimbursement of personnel or funds on either a temporary or long-term basis.
'Note: This is a typeset print of the original hand enrollment as si ed by the President on April 26. 1996. The cext is printed without aomxtions. Footnotes io&te missing or illegible
text in the original.

EXHIBIT 16
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

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110 STAT. 132 1-169

PUBLIC LAW 104--134--APR

26, 1996

tions 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

N of the Surface Mining Control and Reclamation Act of 1977,
Public Law 95-87, as amended, including the purchase of not more than 22 passenger motor vehicles for replacement only, $173,887,000, to be derived from receipts of the Abandoned Mine Reclamation Fund and to remain available until expended: Provided, That grants to minimum program States will be $1,500,000 oer State in fiscal year 1996: Provided further, That of the funds herein provided up to $18,000,0W may be used tior ihe emeigeneqp o g z i ~ authorized by sect%=. 4 % :l=f rg--i P;b!ic Law 95-3, 2s a ~ e z d ed, of which no more than 2 5 per centum shall be used for emergency reclamation projects in any one State and funds for Federallyadministered emergency reclamation projects under this proviso shall not exceed $11,000,000: Provided further, That prior year unobligated funds appropriated for the emergency reclamation proshall not be subject to the 25 per centum limitation per 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 utilize u to 20 per centum from the recovery of the delinquent debt o w e f t o theUnited States Government to pay for contracts to collect these debts: Provided further. That funds made available to States under title I of Public Law 95-87 may be used, a t their discretion, V for any required non-Federal share of the cost of projects fundd-. 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 mug&, be consistent with the purposes and priorities of the Surface Mining Control and Reclamation A t c.

For necessary expenses to c a n y out the provisions of title

=

BUREAU INDIAN OF AFFAIRS
OPERATION OF INDIAN PROGRAMS

For operation of Indian programs by direct expenditure, con-' tracts, cooperative agreements, compacts, and grants includingexpenses 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, an&= other expenses of Indians in boarding homes, or institutions, or.schools; grants and other assistance to needy Indians; maintenance: of law and order; management, develo ment, improvement, and2 protection of resources and appurtenant acilities under the jurisdii5:tion of the Bureau of Indian Affairs, including payment of i m g a t i o ~ assessments and charges; acquisition of water rights; advan-: for Indian industrial and business enterprises; operation of InQan; arts and crafts shops and museums; development of Indian and crafts, as authorized by law; for the general administrati+!: of the Bureau of Indian Affairs, including such expenses in fie13 offices; maintaining of Indian reservation roads as defined in sectioq 101 of title 23, United States Code; and construction, repair, an+

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Case 1:02-cv-01383-MMS

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Filed 05/02/2007

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PUBLIC LAW 104-134APR. 26,1996

110 STAT. 1321-170

improvement of Indian housing, $1,384,434,000, of which not to exceed $100,255,000 shall be for welfare assistance grants and not to exceed $104,626,000 shall be for payments to tribes and tribal organizatlons for contract support costs associated with ongoing contracts or grants or compacts entered into with the Bureau of Indian Affairs prior to fiscal year 1996, 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, which shall be available for the transitional cost of initial or expanded tribal contracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs under the provisions of the Indian Self-Determination Act; and of which not to exceed $330,711,000 for school operations costs of Bureau-funded schools and other education programs shall become available for obligation on July 1, 1996, and shall remain available for obligation until ~--L.-I...30, L997; 2nd cf which not to exceed $68,209,000 for l higher education scholarships, adult v ~ a t i o n a training, and assista c e t public schools under the Acc of Aprii i6, 1934 (48 Stat o 596), as amended (25 U.S.C. 452 et seq.), shall remain available for obligation until September 30, 1997; and of which not to exceed $71,854,000 shall remain available until expended for housing improvement, road maintenance, attorney fees, litigation support, self-governance grants, the Indian Self-Determination Fund, and the Navajo-Hopi 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: Provided further, That funds made available to tribes and tribal organizations through contracts or grants obligated during fiscal year 1996, as authorized by the Indian Self-Determination Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.), or grants authorized by the Indian Education Amendments of 1988 (25 U.S.C. 2001 and 2008A) shall remain available until expended by the contractor or grantee: Provided further, That to provide funding unifonnity within a Self-Governance Compact, any funds provided in this Act with availability for more than one year may be reprogrammed to one year availability but shall remain available within the Campact until expended: Provided further, That notwithstanding any other provision of law, Indian tribal governments may, by appropriate changes in eligibility criteria or by other means, change eligibility for general 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 further, That any savings realized by such changes shall be available for use in meeting other priorities of the tribes: Provided further, That any net increase % costs to the Federal Government which result solely from tribally ?creased payment levels for general assistance shall be met exclusively from funds available to the tribe from within its tribal priority docation: Provided further, That any forestry funds allocated to a tribe which remain unobligated a s of September 30, 1996, may be transferred during fiscal year 1997 to an Indian forest land ' ' h i s t a n c e 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, 1997: Provided further, That notwithstanding any other provi4on of law, no funds available to the Bureau of Indian Affairs,
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