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

Case 1:02-cv-01383-MMS

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PUBLIC LAW 103-332-SEPT. 30. 1994

108 STAT. 2499

Public Law 103-332 103d Congress

An Act
Making appropriations for the Department of the Interior and related agencies for the f s a year ending September 30, 1995. and for other purposes. icl

-Sept. 30, 1994 [H.R. 46021
Department of the Interior and Related Agencies
Appmpriaticlw

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of the Interior and related agencies for the fiscal year ending September 30, 1995, and for other purposes, namely:

Act, 1995.

MANAGEMENT OF LANDS AND RESOURCES

For expenses necessary for protection, use, improvement, development, disposal, cadastral surveying, classification, and performance of other hnctions, 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 the general administration of the Bureau of Land Management, $598,449,000, to remain availzble until expended, including $1,462,000 to be derived from the special receipt account established by section 4 of the Land and Water Conservation Fund Act of 1965, .as amended (16 U.S.C. 4601-6a(i)): Provided, That appropriations herein made shall not be available for the destruction of healthy, unado ted, wild horses and b u m s in the care of the Bureau of Lan Management or its contractors; and in addition, $21,65O,Q00 for W i n g Law Administration program operations, to remain available until expended, to be reduced by amounts collected by the Bureau of Land Management and credited to this appropriation from annual mining claim fees so as to result in a final appro riation estimated a t not more than $598,449,000: P r w W furtkr, That in addition to funds otherwise available. not to exceed $5,000,000 from annual mining claim fees shall be credited to this account for the costs of administering the mining claim fee program, and shall remain available until expended.

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FIRE PROTECTION

For necessary expenses for fire use and man ement, and fire 0 preparedness by the Department of the 1 n t e r i o r ~ l l 4 , 9 6 8 , ~to. remain available until expended.

EXHIBIT 15
In Support of Plaintiffs Opposition to Motion to Dismiss on TPA & IHS Samish v. US., No. 02-1383L

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108 STAT. 2510

PUBLIC LAW 103-332-SEPT.

30, 1994

30 USC 1211
note.

to the assessment of civil enalties under section 5 18 of the Surface 28. Mining Control and ~ecfamationAct of I977 (30 U.S.C. 1 6 ) to reclaim lands adversely affected by coal mining practices after o August 3, 1977, t remain available until expended: Provided firther, That notwithstanding any other provision of law, a propriations for the OfFice of Surface Mining Reclamation and ~ n z r c e m e n t may provide for the travel and per diem ex enses of State and tribal personnel attending Ofice of Surface Lining Reclamation and Enforcement sponsored training.
ABANDONED MINE RECLAMATION FUND

For necessary expenses to cany out the provisions of title m :%daiiiatioii Act of i977, i Public Law 95-87, as amended, including the purchase of not more than 22 passenger motor vehicles for replacement only, $182,772,000 tn he derivd fr6x r m i p b of the irbandoned Mine Reclamation Fund and to remain available until expended: Provided, That grants to minimum program States will be $1,500,000 er State in fiscal year 1995: Provided rther, That of the h n d s Rerein provided up to $18,W0,000 may e used for the emergency program authorized by section 410 of Public Law 95-87, as amended, of which no more than 25 per centum shall be used for emergency reclamation projects in any one State and funds for Federallv-administered emermncv reclamation ~roiectaunder this proviso-shall not exceed $1~,006,000:provided fi-rther, That nor year mobligated funds appropriated for the emergency recfamation program shall not be subsect to the 25 per centum limitation per State and may be use without fiscal year limitation for emergency projects: Provided firther, That pursuant to Public Law 97-365, the Department of the Interior is authorized to utilize up to 20 per centum from the recovery of the delinquent debt owed to the United States Government to pay for contracts to collect these debts. BUREAU INDIAN AFFAIRS OF
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OPERATION OF INDLAN PROGRAMS

For operation of Indian programs by direct expenditure, contracts, cooperative agreements, 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, develppment, improvement, and protection of resources and appurtenant facilities under the jurisdiction of the Bureau of Indian Affairs, including payment of irrigation assessments and charges; acquisition of water 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 general administration of the Bureau of Indian Afiairs, including such expenses in field offices; maintaining of Indian reservation roads as defined in section 101 of title 23, United States Code; and construction, repair, and improvement of Indian housing, $1,526,778,000, of which $208,000 shdl be for cyclical maintenance of tribally owned fish hatcheries and related facilities; and of which $297,000 shall be for a grant to the Close

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PUBLIC LAW 103-332-SEPT.

30, 1994

108 STAT. 2511

Up Foundation; and of which not to exceed $95,823,000 shall be for payments to tribes and tribal organizations for contract support costs associated with ongoing contracts or grants or compacts authorized by the Indian Self-Determination Act of 1975, as amended: Provided, That tribes and tribal contradors may use their tribal priority allocations for unrnet contract support costs of ongoing contracts, grants or com act agreements; and of which for school operations msts not to exceed $330,111,0(10 shall of Bureau-funded schools and other education programs which shall become available for obligation on July 1, 1995, and shall remain available for obligation until September 30, 1996; and of which not to exceed $72,580,000 shall be for higher education scholarshi s, adult vocational training, and assistance to public schools un e r the Act of April 16, 1934 (48 Stat. 5961, as amended (25 U.S.C. 452 et seq.), which shall remain available for obligation until !%-%=hi 30, :%6, and or" which $7~,90'2,000 shail remain availehfb r?rti! expe=d&, i=cFiding $16,206,0W-hr trust runds management, $19,083 000 for housing improvement, $30,169,000 for road maintenance, $2,332,000 for attorney fees, $1,983,000 for litigation support, $4,934,000 for self- overnance tribal compacts, and $1,195,000 for the Navqjo-Hopi kttlement Program: Pruuided, That ayments of funds obligated as grants to schools pursuant to Public !aw 100-297 shall be made not later than July 15 and December 1 in lieu of the payments authorized to be made on October 1 and January 1 of each calendar year: Provided firthr, That funds made available to tribes and tribal organizations through contracts or grants obligated during fiscal year 1995 as authorized by the Indian Self-Determination Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.), or grants authorized b the Indian Education Arnendments of 1988 (25 W.C. 2001 a o d 2 W 8 ~ shall remain available ) until expended by the contractor or grantee: Provided firther, That of the funds provided, $7,500,000 shall remain available until expended, for the Indian Self-Determination Fund, which shall be available for the transitional costs of initial or ex anded tribal contracts, grants or cooperative agreements with t e Bureau of Indian Affairs under the provisions of the Indian Self-Determination Act: Prouided firrther, That none of the funds appropriated to the Bureau of Indian Affairs shall be ex nded as matching funds for programs funded under section 103G2) of the Carl D. Perkins Vocational Education Ad: Provided firrthr, That none of the funds in this Act shall be used by the Bureau of Indian Affairs to transfer funds under a contract with any third party for the management of tribal or individual Indian trust funds until the funds held in trust for all suck tribes or individuals have been audited and reconciled to the earliest possible date, the results of such reconciliation have been certified by an independent party as the most complete reconciliation of such funds possible, and the affemed tribe or individual has been provided with an accounting of such funds. Provided further, That notwithstanding any other provision of law, the statute of limitations shall not commence to run on any claim, including any claim in litigation pending on the date of this Act, concernin losses to or mismanagement of trust funds, until the affected trite or individual Indian has been furnished with the accounting of such funds from which the beneficiary can determine whether there has been a loss: Provided further, That to provide funding uniformity within a Self-Governance Compact, any funds provided in this Act with availability for more than

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108 STAT. 2512

PUBLIC LAW 103-332-4EPT. 30, 1994

one year may be reprogrammed to one year availability but shall remain available within the Compact until expended: Provided firther, That notwithstanding any other rovision of law, Indian tribal governmenta may, by appropriate c anges in el' bility criteria assistance or or by other means, change eligibility for gene change the amount of general assistance payments for individuals within the service area of such tribe who are otherwise deemed eligible for general assistance paymenta so long as such c h w e s are ap lied in a consistent manner to individuals similarly situated: ~ r o v furthe r, That any savings realized by such chan ea shall t be available for use in meeting other priorities of the tri%es: Provided further, That any such change must be part of a comprehensive tribal plan for reducing the long-term need for eneral assistance payments: Provided further, That any such tri%al plan must i n ~ q - ~ d ~ L G~i=zAsst ' t& ~ , i s&ent feai=%, cdmz$!y edf:t,in,gssiaJ S ~ M C ~educational training, and employment assistance resources , eEgi5Zt.y o r paymeat standprior to changing general ~ l a s l e t ~ n c e ards which would Lave the effect of increasing the cost of general assistance: Provided further, That any net increase in costa to the Federal government which result solely from tribally increased payment levels and which are not part of such a comprehensive tribal plan shall be met exclusively from funds available to the tribe from within its tribal priority allocation: Provided firther, That any forestry funds allocated to a tribe which remain unobliicl gated as of September 30, 1995, may be transferred durin f s a year 1996 to an Indian forest land assistance account es&iahed for the benefit of such tribe within the tribe's trust fund account: Prov&d further, That any such unobligated balance8 not so transferred shall expire on September 30, 1996: Provided further, That notwithstanding any other provision of law, no funds available to the Bureau of Indian Affairs, other than the amoqnts rovided herein for assistance to public =hook under the A t of &ril 16 c 1934 (48 Stat. 5961, as amended (25 U.S.C. 452 et seq.)., s h d be available to support the operation of any elementary or secondary school in the State of Alaska in fiscal year 1995: Provided /%her, That within the funds contained in this Act, only the following new schools may receive initial funding pursuant to the provisions of 25 U.S.C.2001(k) or 2505(aXlXC) and (Dl:Trenton and Sault Ste. Marie: Provided further, That the Secretary shall establish a Joint Working Group on ISEF Funds Allocation to consult with Indian tribes and schools on improving the basis for allocating Indian School Equalization Program funds: Provided further, That funds made available in this or any other Act for expenditure throu h September 30, 1996 for schools hnded by the Bureau of lndiian AfFairs shall be apailable only to the 187 schools which wl be in the Bureau of Indian Affairs school system as of Septemil ber 1, 1995.

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CONSTRUCTION

For construction, major repair, and improvement of inigation and power systems, buildings, utilities, and other facilities, includ-m architectural and engineering services by contrad, a uisition offan& and interests in Ian* and preparation of lands fo8aming, $130,270,000, to remain available until expended: Provided, That $1,500,000 of the funds made available in this Act shall be available for rehabilitation of tribally owned fish hatcheries and related facilities: Provided futher, That such amounts as may be available