I

104TH CONGRESS

1ST SESSION H. R. 2631

To amend the American Indian Trust Fund Management Reform Act of

1994 to transfer certain authorities to the Office of Special Trustee

for American Indians, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 14, 1995

Mr. GALLEGLY introduced the following bill; which was referred to the

Committee on Resources

A BILL

To amend the American Indian Trust Fund Management

Reform Act of 1994 to transfer certain authorities to

the Office of Special Trustee for American Indians, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘American Indian Trust

5 Fund Management Reform Act Amendments of 1995’’.
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1 SEC. 2. ADMINISTRATIVE AUTHORITIES OF THE OFFICE OF

2 SPECIAL TRUSTEE.

3 (a) IN GENERAL.—Section 303(b)(2) of the Amer4 ican Indian Trust Fund Management Reform Act of 1994

5 (25 U.S.C. 4043(b)(2)) is amended—

6 (1) by striking the paragraph heading and in7 serting the following new heading: ‘‘ADMINISTRA8 TION OF FINANCIAL TRUST SERVICES.—’’

9 (2) by redesignating subparagraphs (A) through

10 (C) as subparagraphs (B) through (D), respectively;

11 and

12 (3) by inserting before subparagraph (B), as so

13 redesignated, the following new subparagraph:

14 ‘‘(A) ADMINISTRATIVE AUTHORITY.—The

15 Office of Special Trustee shall have direct ad16 ministrative authority over the human and fi17 nancial resources supporting the provision of fi18 nancial trust services and functions to Indian

19 tribes and Indian individuals administered by

20 the Bureau on the day before the date of enact21 ment of the American Indian Trust Fund Man22 agement Reform Act Amendments of 1995.’’.

23 (b) TRANSFER OF FUNCTIONS.—The Secretary of

24 the Interior shall transfer to the Office of Special Trustee

25 for American Indians established under section 302 of the

26 American Indian Trust Fund Management Reform Act of
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1 1994 (25 U.S.C. 4042) the functions and services of the

2 Bureau of Indian Affairs relating to the administration

3 of human and financial resources supporting the provision

4 of financial trust services and functions to Indian tribes

5 and Indian individuals in a manner consistent with section

6 303(b)(2)(A) of that Act, as amended by subsection (a).

7 (c) ADMINISTRATIVE SUPPORT SERVICES.—

8 (1) IN GENERAL.—Subject to paragraph (2),

9 for fiscal year 1996, the Secretary of the Interior

10 shall ensure that, to the extent practicable, the Bu11 reau of Indian Affairs provides administrative sup12 port services for the financial trust functions and

13 services transferred to the Office of Special Trustee

14 for American Indians under subsection (b) at a level

15 that is comparable to the level of administrative sup16 port services provided by the Bureau of Indian Af17 fairs to support those financial trust functions and

18 services during fiscal year 1995.

19 (2) EFFECT OF REDUCTION IN FUNDING.—If,

20 for fiscal year 1996, the amount of funds made

21 available by appropriations for the Bureau of Indian

22 Affairs for general administrative support services is

23 less than the amount made available for such pur24 poses for fiscal year 1995, the Secretary shall deter25 mine the level of administrative support services de-
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1 scribed in paragraph (1) to be provided for fiscal

2 year 1996 on a pro rata basis, taking into account

3 the total amount of funds made available by appro4 priations for the Bureau for general administrative

5 support services.

6 SEC. 3. OFFICE OF SPECIAL TRUSTEE.

7 Section 302(b) of the American Indian Trust Fund

8 Management Reform Act of 1994 (25 U.S.C. 4042(b)) is

9 amended by adding at the end the following new para10 graph:

11 ‘‘(3) TERM OF SPECIAL TRUSTEE.—

12 ‘‘(A) IN GENERAL.—Except as provided in

13 subparagraphs (B) and (C), the Special Trustee

14 shall serve for a term of 4 years.

15 ‘‘(B) TERMINATION OF OFFICE.—If, pur16 suant to subsection (c), the Office of Special

17 Trustee is terminated prior to the expiration of

18 the term specified in subparagraph (A), the

19 term of the Special Trustee shall expire on the

20 termination date determined under that sub21 section.

22 ‘‘(C) VACANCY.—If a vacancy occurs prior

23 to the expiration of the term of the Special

24 Trustee, the vacancy shall be filled in the same

25 manner as the original appointment and, except
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1 as provided in subparagraph (B), the individual

2 appointed to succeed shall serve for the

3 unexpired portion of that term.’’.

4 SEC. 4. CONFORMING AMENDMENTS.

5 Section 303 of the American Indian Trust Fund

6 Management Reform Act of 1994 (25 U.S.C. 4043), as

7 amended by section 2, is further amended—

8 (1) in subsection (b)(2)—

9 (A) in subparagraph (B)—

10 (i) by striking ‘‘the Bureau’’ and in11 serting ‘‘the Department’’; and

12 (ii) by striking ‘‘holders,’’ and insert13 ing ‘‘holders’’;

14 (B) in subparagraph (C), by striking ‘‘that

15 the Bureau establishes’’ and inserting ‘‘the es16 tablishment of’’; and

17 (C) in subparagraph (D), by striking ‘‘that

18 the Bureau establishes’’ and inserting ‘‘the es19 tablishment of’’; and

20 (2) in subsection (c)—

21 (A) in paragraph (2), by striking ‘‘Bu22 reau’’ each place it appears and inserting ‘‘Of23 fice’’; and
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1 (B) in paragraph (3), by striking ‘‘Bu2 reau’’ each place it appears and inserting ‘‘Of3 fice’’.

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