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


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Case 1:02-cv-01383-MMS

Document 60-18

Filed 05/02/2007
11, 1993

Page 1 of 4

PUBLIC LAW 103-138-NOV.

107 STAT. 1379

Public Law 103-138 1036 Congress An-Act
Making appropriationa for the Department of the Interior and r l t d agencies eae for the hecal year ending September 30, 1994, and for other p w p e e s .
Nov. 11. 1993 [H.R. 25201

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 agenaea for the fiscal year ending September 30, 1994, and for other purposes, namely:

Department of and
Agencies Appropriat~ons A C ~1994 ,

TITLE I-DEPARTMENT OF THE INTERIOR

MANAGEMENT OF LANDS AND RESOURCES

For expenses necessary for protection, use, improvement, development, disposal, cadastral surveying, classification, 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 the general administration of the Bureau of Land Management, $599,860,000, of which the following amounta shall remain available until expended: $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)), and $69,418,000 for the Automated Land and Mineral Record System Project: Provided, That appropriations herein made shall not be available for the destruction of healthy, unado ted, wild horses and burros in the care of the Bureau of Lan Management or its contractors; and in addition, $15,300,000 for Minin Law Administration program operations to remain available September 30, 1994, to be reduced by amounts collected by Bureau of Land Management and credited to this appropriation from annual mining claim fees so as to result in a final fiscal year 1994 appropriation estimated a t not more than $599,860,000: Provided further, 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 f i g claim fee program, and shall remain available until expended.

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FIRE PROTECTION

For necessary expenses for tire management, emergency rehabilitation, fire presuppreasion and preparedness, and other

EXHIBIT 14
In Support of Plaintiffs Opposition to Motion to Dismiss on TPA & IHS Samish v. U.S., No. 02-1383L

Case 1:02-cv-01383-MMS

Document 60-18

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107 STAT. 1390

PUBLIC LAW 103-138-NOV.

11, 1993

ABANDONED MINE RECLAMATION FUND

IV of the Surface Mining Control and Reclamation Act o 1977, f
Public Law 9587, as amended, including the purchase of not more than 22 passenger motor vehicles far replacement only, $190,107,000 to be derived from receipts of the Abandoned Mine Reclamation Fund and to remain available until expended: Provided, That of the funds herein provided up to $20,000,000 may be used for the emergency pro am authorized by section 410 of Public Law 9687, as amender of which no more than 25 per centum shall be used for emergency reclamation projeds in any one State and funds for Federally-administered emergency reclamation rojeds under this proviso shall not exceed $12,000,000: PropAh& $ cdfd;tf.gi, ng$~ y d ~ m 97385, *e Cepartmeot ~ of the Interior is authorized to utilize up to 20 per centum from the recnveq ~f the &1&q~e~$ :teh$ cad b the UgA& S&&s Government to pay for contra& to collect these debts. BUREAU INDIAN AFFAIRS OF
OPERATION OF INDIAN PROGRAMS

For necessary expenses to carry out the provisions of title

For operation of Indiaa programs by direct expenditure, contracts, cooperative agreements, and grants including e F n s e s necessary to provide education and welfare services for h&m, 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 'urisdiction of the Bureau of Indian Affairs, including payment o irrigation asseasments and char a; acquisition of water rights; advances for Indian industrial and %usiness enterprises; operation of Indian a r k and cr& shops and museums; development of Indian arts and crafts, as authomed by law; for the general administration of the Bureau of Indian Affairs, including such expenses in field offices; maintaining of Indian reservation roads as defined in section 101 of title ntd 23, U i e States Code; and construction, re air, and improvement of Indian housing, $l,490,805,WO, including &16,111,000 for school operations costa of Bureau-funded schools and other education programs which shall become available for obligation on July 1, 1994, and shall remain available for obligation until September 30, 1995, and $49,226,000 for housing and road maintenance programs, to remain available until expended, and of which, ayrnenta of funds o b * ated as granta to schools pursuant to P U ! ~ LAW 100-297 s be made on July 1 and December 1 in lieu of the payments 1of each calendar authorized to be made on Octaber 1and Janu year, and of which not to exceed $74,764,000 or higher education scholarships, adult vocational training, and assistance to public schools under the Act of April 16, 1934 (48 Stat. 5961, as amended (25 U.S.C. 452 et seq.), shall remain available for obligation until Se tember 30, 1995; and the fun& made available to tribes and trigal organization% through contra& or ants obligated during fiscal year, 1994 as authorized by the I n z a n Self-Determination Act of 1975 (88 Stat. 2203; 25 U.S.C.450 et seq.), or grants authorized by We Indian Education Amendments of 1988 (25 U.S.C.

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Case 1:02-cv-01383-MMS

Document 60-18

Filed 05/02/2007

Page 3 of 4

PUBLIC LAW 103-138-NOV. 11, 1993

107 STAT. 1391

2001 and 2008A) shall remain available until expended by the contractor or grantee; and of which $1,983,000 for libgation support shall remain abailable until expended, $4,934,000 for self-governance tribal compacts shall be made available on completion and submission of such com a d s to the Con ess, and shall remain available until expende8. and of which $1,179,000 for expenses necessary to out the revisions of section 19(a) of Public fXoLls(a)) , shall remain available until Law 9 3 4 3 1 expended: Provided, That none of the funds appropriated to the Bureau of Indian Affairs shall be ended as matchin funds for programs funded under section 1 0 % ~ ~of the Carl D. % e r b ) Vocational Education Act: Provided further, That of the amount appropriated under this head in Public Law 102-381, any unobliated balance as of September 30, 1993 related to the Alaska ative Claims Settlement Act shall remain available until expended -d Esj- &EgSA& -a
(X.S.C.

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Case 1:02-cv-01383-MMS

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107 STAT. 1392

PUBLIC LAW 103-138-NOV.

11, 1993

and recommended its implementation to the Secretary and such proposal has been submitted to and approved by the Committees on Appropriations, except that the Bureau may submit a reorganization proposal related only to management improvements, along with Task Force comments or recommendations to the Committees on Appropriations for review and disposition by the Committees: Provided further, That to provide funding uniformity within a SelfGovernance 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 Compact 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 withh the service srea cf E , & ! tiibe ~ h i are otheri wise 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 Jurther, That any such change must be part of a comprehensive tribal plan for reducing the long-term need for general assistance payments: Provided Judher, That any such tribal plan must incorporate, to the greatest extent feasible, currently existing social service, educational training, and employment assistance resources prior to changing general assistance eligibility or payment standards which would have the effect of increasing the cost of general assistance: Provided further, That any net increase in costs 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 h m within its tribal priority allocation: Provided further, That any forestry h d s allocated to a tribe which remain unobligated as of September 30, 1994, may be transferred during fiacal year 1995 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, 1995: Provided further, That notwithstanding any other provision of law, no funds available to the Bureau of Indian Mairs, other than the amounts provided herein for assistance to public schools under the Act of April 16, 1934 (48 Stat. 596), as amended (25 U.S.C. 452 et seq.), shall be available to support the operation of any elementary or secondary school in the State of Alaska in fiscal year 1994: Provided further, That the Bureau shall form a Joint Task Force with representatives of Alaska Natives and Alaska schools to examine the needs of the schools and formulate recommendations to address those needs in fiscal year 1994: Provided further, That any funds provided under this head or previously provided for tribally-conomnt trolled c m u i y colleges which are distributed prior to September 30, 1994 which have been or are being invested or administered in compliance with section 331 of the Higher Education Act shall be deemed to be in compliance for current and future purposes with title III of the Tribally Controlled Community Colleges Assisti ance Act.