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

Case 1:02-cv-01383-MMS

Document 60-17

Filed 05/02/2007

Page 1 of 4

106 STAT. 1374

PUBLIC LAW 102-381-OCT.

5, 1992

Public Law 102-381 102d Congress
An Act
Oct. 5. 1992

[H.R. 55031
bpartment of the Interior and Related Agenciea Appropriations Act, 1993.

Making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30. 1993, and for other purposee.

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, 1993, and for other purposes, namely:

TITLE I-DEP_LRWENT OF TEE fi4TERiOii

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, $544,877,000, and $2,500,000 from unobligated balances appropriated under this heading in Public Law 9 9 5 9 1 for insect and disease control pmjecte, including grasshoppers, which balances may be applied to any activity provided for under this heading and of which the following amounts shall remain available until expended: not to exceed $1,450,000 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 $33,500,000 for the Automated Land and Mineral Record Syst m Project: Provided, That appropriations herein made s h d not e be available for the destruction of healthy, unadapted, wild horses and burroe in the care of the Bureau of Land Management or its contractors; and in addition, $12,430,000 for Mining Law Administration program operations to remain available through September 30, 1993, to be reduced by amounta collected by the Bureau of Land Management and credited to this appropriation from annual mining claim holding fees: Provided further, That the sum herein appropriated shall be reduced as mining claim holding fees are received during fiscal year 1993 so as to result in a final fiscal year 1993 appropriation estimated at not more than 8544,877,000: Provided further, That in addition to funds otherwise available, not to exceed $5,000,000 from annual mining claim holding fees shall be credited to thii account for the costs of administering the mining claim holding fee pmgram, and shall remain available until expended.

EXHIBIT 13
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
106 STAT. 1388

Document 60-17

Filed 05/02/2007

Page 2 of 4

PUBLIC LAW 102-381-OCT. 5, 1992
ADMINISTRATIVE PROVISION

None of the funds available to the Ofice of Surface Mining Reclamation and Enforcement shall be expended to create or maintain more than one Deputy Director position

BUREAU INDIAN OF AFFAIRS
OPERATION OF INDIAN PROGRAMS

For operation of Indian program by direct expenditure, contracts, cooperative agreements, and ants including expenses necessary to provide education and we1 are services for Inhans, either directly or in cooperation with States and other organizations, includmg 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 of Indian Affairs, including payment of irrigation assessments and char es; acquisition of water rights; advances for Indian industrial and usiness enterprises; operation of Indian a t and rs cratts shops and museums; development of Indian arts and crafts, as authorized by law; for the general administration of the Bureau of Indian Maim, including such expenses in field offices; maintaining of Indian reservation roads as defined in section 101 of title 23, United States Code; and construction, re air, and improvement of Indian housing, $1,353,899,000, including ~270,638,000for school operations costs of Bureau-funded schools and other education programs which shall become available for obligation on July 1, 1993, and shall remain available for obligation until September 30, 1994, and $53,954,000 for housing im rovement and road maintenance, to remain available until expen ed, and of which, h d s obli ated ts to schools pursuant to Public Law 100-297 ah& be ma e on July 1and December 1in lieu of the payments authorized 1 of each calendar year, to be made on October 1 and J a n and of which not to exceed $71,954,000 or higher education scholar, adult vocational training, and assistance to public schools un er the Act of April 16, 1934 (48 Stat. 5961, aa amended (25 U.S.C. 452 e t seq.), shall remain available for obligation until September 30, 1994; and the funds made available to tribea and tribal organizations through contracts or ants obligated during Sscal year 1993 as authorized by the 1nEan 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; and of which $2,000,000 for litigation support shall remain available until expended, $4,937,000 for self-governance tribal compacts shall be made available on completion and submission of such corn acts to the Con ess, and shall remain available until expende8: and of which &.190,000 for expenses necessary to carry out the revisions of section 1%a) of Public Law 93-531 (25 U.S.C. 6408-18(a)l, shall remain available until expended: Provided, That none of the funds appropriated to the Bureau of Indian Affairs shall be ex nded as matchin funds for programs funded under section 103&2) of the Carl D. terlcins Vocational Education Act: Provided further, That $200,000 of the funds made available in this Act shall be available for cyclical

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Filed 05/02/2007

Page 3 of 4

PUBLIC LAW 102-381-OCT.

5, 1992

106 STAT. 1389

maintenance of tribally owned fish hatcheries and related facilities: Provided f i r t h , That for the purpose of Indian Reservation road construction, all ublic Indian reservation roads (as defined in 23 U.S.C. 101), iientitied in the 1990 Bureau of Indian Mairs Juneau Area Transportation Stud (and in an subsequent update of such Transportahon Study) s h d be includdas Bureau of Indian Atrairs system a4usted milea in the Bureau of Indian Affairs highway trust fund formula for distribution for fiscal year 1993: Provided further, That this rovision shall expire upon implementation by the Secretary of the fnterior of a relative nee& based highway trust fund allocation formula pursuant to 23 U.S.C. 202(d): Provided further, That none of the funds in this Act shall be used by the Bureau of Indian Affa8m to transfer funds under a contract with any third party for the man ement of tribal or individual Indian trust funds until the funds eld in trust for all such tribes or to thn nnrlipa) -aqihln mamaw, nave L--- aucu&u a.2 ---m'ld weu ----I:& 2 -.. --date, the reeults of such reconciliation have been c e r t i d by an independent arty as the most complete reconciliation of such funds poss~ble,a n l t h e afKected tribe or individual haa been provided with a n accounting of such funds: Provided further, That notwithrvin of law, the statute of limitations standing any other po ko shall not commence to run on any claim concerning losses to or mismanagement of trust funds, until the affected tribe 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 ficrlher, That $300,000 of the amounts provided for education rogram management shall be available for a the Close Foundation: Provided further, That the Tas Force on Bureau o Indian Mairs Reorganization shall continue activities under its charter as adopted and amended on ril 17, 1991: Provided further, That any reor anization proposa shall not be implemented until the ~ a F o r c ~ t reviewed it and recommended a e 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 reorganizahon 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 firther, That to provide fundin uniformity within a Self-Governance Compact, any funds pmvi%ed in thi. Act with availabilit for more than one year may be re rogrammed to one ear avai abiity but shall remain available wi&n the Compact untiy expended: Provided fwther, That notwitbtanding any other rovision of law, Indian tribal governments may, by appropriate &ang- i eligibility crin teria or by other m e w , 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 changea are ap lied in a consistent manner to individuals similarly situated: ~ m u u $ ~ r t h e rThat any savings realized by such c , es shall be avail le for use in meeting other priorities of the tri 8: Prouided further, That a n such change must be part of a com rehensive tribal plan for reducing the long-term need for eneraf-istance payments: Provided further, That any such tri plan must incorporate, to the eateat extent feasible, currently e l r i s t i i social ~eNice, educatiod%ainbg, and employment a s s i s t a n ~ resources prior to changing general assistance eligibility or payment stand-

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Case 1:02-cv-01383-MMS
106 STAT. 1390

Document 60-17

Filed 05/02/2007
5, 1992

Page 4 of 4

PUBLIC LAW 102-381-W.

ards which would have the effect of increasing the cost of general assistance: Provided further, That any net mcrease in costs to the Federal government which result solely from tribally-increased payment levels shall be met exclusive1 from funds available to the tribe from within ita tribal priority JI-tion: Provided further, That the obligated and unobligated balances for construction contract support for Public Law 93-638 contractors associated with the housing improvement program and the road maintenance program shall be transferred to this account from the "Construct~on~ account, and shall remain available until expended: Provided firther, That any funds granted to the A l Indian Pueblo Council l of New Mexico pursuant to Public Law 93-638 for a study of the best use of the land and plannin associated with development of the site of the former Albuquerque ndian School, at the discretion of the Secretary, may include the reparation of bid proposals in response to solicitations issued by t e General Services Administration for commercial leases, with the condition that evidence af a,pe~m_enta-th the City ef !Jb=q~srqie m ! State of Xew i the Mexico concerning payments of all local and State taxes uivalent to taxes a plicable to similarly situated ofice buildings aompliance with &nd use requirements be rovided to the General Services Administration: h v r d e d firther. ' h a t no h d s provided for the purpose described in the revious rovision shall be used for plan1 ning or development of lass I, I, or 1 1 gaming, as defined in the Indian Gaming Regulatory Act of 1988,102 Stat. 2476: Provided further, That the obligated and unobligated balances associated with the housing improvement program and the road maintenance program shall be transferred to this account from "Constructionn, and shall remain available until expended.

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CONSTRUCTION

For construction, ma-or repair, and improvement of irrigation 'nga, utilities, and other facilities, includand power systems, build, architectural and engineering services by contract; a uisition :Rands and interests in lands; and preparation of lands fa2arming, $150,896,000, to remain available until expended: Provided, That $1,482,000 of the b d s made available in thk Act shall be available for rehabilitation of tribally owned fwh hatcheries and related facilities: Provided further, That such amounts as may be available for the construction of the Nava-o Indian Irrigation Project may be transferred to the Bureau o# Reelamation: Provided further, That not to exceed 6 per centum of contract authority a v d a b l e to the Bureau of Indian M a i m from the Federal Highway Trust Fund may be used to cover the road program management costa of the Bureau of Indian Affairs: Provided further, That h d s appropriated in fiscal year 1991 (Public Law 101412) and 6s=Ayear 1992 (Public Law 102-154) and allocated by the Bureau of Indian ency Irrigation Division for irrigation Affairs to the Flathead 2construction, including h 8 to provide continuous monitorin and recording instrumentation of the movement, quantities, a n i distribution of irrigation water in the various on-reservation s t r e a m and irrigation canals, shall be made available on a non-reimbursable basis and shall not be included as funds subject to the appropriation limit established in the Ad of May 25, 1948 (62 Stat. 269) ae amended by the Act of October 8, 1964 (78 Stat. 1042): Provided further, That none of the funds available to the Bureau of Indian M a i r s in this or any other Act shall be used to transfer, through