PUBLIC LAW 114–178—JUNE 22, 2016 

INDIAN TRUST ASSET REFORM ACT 


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130 STAT. 432 PUBLIC LAW 114–178—JUNE 22, 2016 

Public Law 114–178 

114th Congress 

An Act 

To provide for Indian trust asset management reform, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Indian Trust 

Asset Reform Act’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act 

is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—RECOGNITION OF TRUST RESPONSIBILITY 

Sec. 101. Findings. 

Sec. 102. Reaffirmation of policy. 

TITLE II—INDIAN TRUST ASSET MANAGEMENT DEMONSTRATION 

PROJECT 

Sec. 201. Short title. 

Sec. 202. Definitions. 

Sec. 203. Establishment of demonstration project; selection of participating Indian 

Tribes. 

Sec. 204. Indian trust asset management plan. 

Sec. 205. Forest land management and surface leasing activities. 

Sec. 206. Effect of title. 

TITLE III—IMPROVING EFFICIENCY AND STREAMLINING PROCESSES 

Sec. 301. Purpose. 

Sec. 302. Definitions. 

Sec. 303. Under Secretary for Indian Affairs. 

Sec. 304. Office of Special Trustee for American Indians. 

Sec. 305. Appraisals and valuations. 

Sec. 306. Cost savings. 

TITLE I—RECOGNITION OF TRUST 

RESPONSIBILITY 

SEC. 101. FINDINGS. 

Congress finds that— 

(1) there exists a unique relationship between the Government of the United States and the governments of Indian 

tribes; 

(2) there exists a unique Federal responsibility to Indians; 

(3) through treaties, statutes, and historical relations with 

Indian tribes, the United States has undertaken a unique trust 

responsibility to protect and support Indian tribes and Indians; 

25 USC 5601. 

25 USC 5601 

note. 

Indian Trust 

Asset Reform 

Act. 

June 22, 2016 

[H.R. 812] 


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PUBLIC LAW 114–178—JUNE 22, 2016 130 STAT. 433 

(4) the fiduciary responsibilities of the United States to 

Indians also are founded in part on specific commitments made 

through written treaties and agreements securing peace, in 

exchange for which Indians have surrendered claims to vast 

tracts of land, which provided legal consideration for permanent, ongoing performance of Federal trust duties; and 

(5) the foregoing historic Federal-tribal relations and understandings have benefitted the people of the United States as 

a whole for centuries and have established enduring and 

enforceable Federal obligations to which the national honor 

has been committed. 

SEC. 102. REAFFIRMATION OF POLICY. 

Pursuant to the constitutionally vested authority of Congress 

over Indian affairs, Congress reaffirms that the responsibility of 

the United States to Indian tribes includes a duty to promote 

tribal self-determination regarding governmental authority and economic development. 

TITLE II—INDIAN TRUST ASSET MANAGEMENT DEMONSTRATION PROJECT 

SEC. 201. SHORT TITLE. 

This title may be cited as the ‘‘Indian Trust Asset Management 

Demonstration Project Act of 2016’’. 

SEC. 202. DEFINITIONS. 

In this title: 

(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning 

given the term in the Indian Self-Determination and Education 

Assistance Act (25 U.S.C. 450b). 

(2) PROJECT.—The term ‘‘Project’’ means the Indian trust 

asset management demonstration project established under section 203(a). 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

SEC. 203. ESTABLISHMENT OF DEMONSTRATION PROJECT; SELECTION 

OF PARTICIPATING INDIAN TRIBES. 

(a) IN GENERAL.—The Secretary shall establish and carry out 

an Indian trust asset management demonstration project, in accordance with this title. 

(b) SELECTION OF PARTICIPATING INDIAN TRIBES.— 

(1) IN GENERAL.—An Indian tribe shall be eligible to participate in the project if— 

(A) the Indian tribe submits to the Secretary an 

application under subsection (c); and 

(B) the Secretary approves the application of the Indian 

tribe. 

(2) NOTICE.— 

(A) IN GENERAL.—The Secretary shall provide a written 

notice to each Indian tribe approved to participate in the 

project. 

(B) CONTENTS.—A notice under subparagraph (A) shall 

include— 

25 USC 5612. 

25 USC 5611. 

Indian Trust 

Asset 

Management 

Demonstration 

Project Act 

of 2016. 

25 USC 5601 

note. 

25 USC 5602. 


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130 STAT. 434 PUBLIC LAW 114–178—JUNE 22, 2016 

(i) a statement that the application of the Indian 

tribe has been approved by the Secretary; and 

(ii) a requirement that the Indian tribe shall 

submit to the Secretary a proposed Indian trust asset 

management plan in accordance with section 204. 

(c) APPLICATION.— (1) IN GENERAL.—To be eligible to participate in the project, 

an Indian tribe shall submit to the Secretary a written application in accordance with paragraph (2). 

(2) REQUIREMENTS.—The Secretary shall consider an 

application under this subsection only if the application— 

(A) includes a copy of a resolution or other appropriate 

action by the governing body of the Indian tribe, as determined by the Secretary, in support of or authorizing the 

application; 

(B) is received by the Secretary after the date of enactment of this Act; and 

(C) states that the Indian tribe is requesting to participate in the project. 

(d) DURATION.—The project— 

(1) shall remain in effect for a period of 10 years after 

the date of enactment of this Act; but 

(2) may be extended at the discretion of the Secretary. 

SEC. 204. INDIAN TRUST ASSET MANAGEMENT PLAN. 

(a) PROPOSED PLAN.— 

(1) SUBMISSION.—After the date on which an Indian tribe 

receives a notice from the Secretary under section 203(b)(2), 

the Indian tribe shall submit to the Secretary a proposed Indian 

trust asset management plan in accordance with paragraph 

(2). 

(2) CONTENTS.—A proposed Indian trust asset management 

plan shall include provisions that— 

(A) identify the trust assets that will be subject to 

the plan; 

(B) establish trust asset management objectives and 

priorities for Indian trust assets that are located within 

the reservation, or otherwise subject to the jurisdiction, 

of the Indian tribe; 

(C) allocate trust asset management funding that is 

available for the Indian trust assets subject to the plan 

in order to meet the trust asset management objectives 

and priorities; 

(D) if the Indian tribe has contracted or compacted 

functions or activities under the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 450 et seq.) 

relating to the management of trust assets— 

(i) identify the functions or activities that are being 

or will be performed by the Indian tribe under the 

contracts, compacts, or other agreements under that 

Act, which may include any of the surface leasing 

or forest land management activities authorized by 

the proposed plan pursuant to section 205(b); and 

(ii) describe the practices and procedures that the 

Indian tribe will follow; 

(E) establish procedures for nonbinding mediation or 

resolution of any dispute between the Indian tribe and 

Procedures. 

25 USC 5613. 

Records. 

Plan. 


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PUBLIC LAW 114–178—JUNE 22, 2016 130 STAT. 435 

the United States relating to the trust asset management 

plan; 

(F) include a process for the Indian tribe and the 

Federal agencies affected by the trust asset management 

plan to conduct evaluations to ensure that trust assets 

are being managed in accordance with the plan; and 

(G) identify any Federal regulations that will be superseded by the plan. 

(3) TECHNICAL ASSISTANCE AND INFORMATION.—On receipt 

of a written request from an Indian tribe, the Secretary shall 

provide to the Indian tribe any technical assistance and 

information, including budgetary information, that the Indian 

tribe determines to be necessary for preparation of a proposed 

plan. 

(b) APPROVAL AND DISAPPROVAL OF PROPOSED PLANS.— (1) APPROVAL.— (A) IN GENERAL.—Not later than 120 days after the 

date on which an Indian tribe submits a proposed Indian 

trust asset management plan under subsection (a), the 

Secretary shall approve or disapprove the proposed plan. 

(B) REQUIREMENTS FOR DISAPPROVAL.—The Secretary 

shall approve a proposed plan unless the Secretary determines that— 

(i) the proposed plan fails to address a requirement 

under subsection (a)(2); 

(ii) the proposed plan includes 1 or more provisions 

that are inconsistent with subsection (c); or 

(iii) the cost of implementing the proposed plan 

exceeds the amount of funding available for the 

management of trust assets that would be subject to 

the proposed plan. 

(2) ACTION ON DISAPPROVAL.— 

(A) NOTICE.—If the Secretary disapproves a proposed 

plan under paragraph (1)(B), the Secretary shall provide 

to the Indian tribe a written notice of the disapproval, 

including any reason why the proposed plan was disapproved. 

(B) ACTION BY TRIBES.—If a proposed plan is disapproved under paragraph (1)(B), the Indian tribe may 

resubmit an amended proposed plan by not later than 

90 days after the date on which the Indian tribe receives 

the notice under subparagraph (A). 

(3) FAILURE TO APPROVE OR DISAPPROVE.—If the Secretary 

fails to approve or disapprove a proposed plan in accordance 

with paragraph (1), the plan shall be considered to be approved. 

(4) JUDICIAL REVIEW.—An Indian tribe may seek judicial 

review of a determination of the Secretary under this subsection 

in accordance with subchapter II of chapter 5, and chapter 

7, of title 5, United States Code (commonly known as the 

‘‘Administrative Procedure Act’’), if— 

(A) the Secretary disapproves the proposed plan of 

the Indian tribe under paragraph (1); and 

(B) the Indian tribe has exhausted all other administrative remedies available to the Indian tribe. 

(c) APPLICABLE LAWS.—Subject to section 205, an Indian trust 

asset management plan, and any activity carried out under the 

plan, shall not be approved unless the proposed plan is consistent 

Deadline. 

Determination. 

Deadline. 


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130 STAT. 436 PUBLIC LAW 114–178—JUNE 22, 2016 

with any treaties, statutes, and Executive orders that are applicable 

to the trust assets, or the management of the trust assets, identified 

in the plan. 

(d) TERMINATION OF PLAN.— (1) IN GENERAL.—An Indian tribe may terminate an Indian 

trust asset management plan on any date after the date on 

which a proposed Indian trust asset management plan is 

approved by providing to the Secretary— 

(A) a notice of the intent of the Indian tribe to terminate the plan; and 

(B) a resolution of the governing body of the Indian 

tribe authorizing the termination of the plan. 

(2) EFFECTIVE DATE.—A termination of an Indian trust 

asset management plan under paragraph (1) takes effect on 

October 1 of the first fiscal year following the date on which 

a notice is provided to the Secretary under paragraph (1)(A). 

SEC. 205. FOREST LAND MANAGEMENT AND SURFACE LEASING ACTIVITIES. 

(a) DEFINITIONS.—In this section: 

(1) FOREST LAND MANAGEMENT ACTIVITY.—The term ‘‘forest 

land management activity’’ means any activity described in 

section 304(4) of the National Indian Forest Resources Management Act (25 U.S.C. 3103(4)). 

(2) INTERESTED PARTY.—The term ‘‘interested party’’ means 

an Indian or non-Indian individual, entity, or government the 

interests of which could be adversely affected by a tribal trust 

land leasing decision made by an applicable Indian tribe. 

(3) SURFACE LEASING TRANSACTION.—The term ‘‘surface 

leasing transaction’’ means a residential, business, agricultural, 

or wind or solar resource lease of land the title to which 

is held— 

(A) in trust by the United States for the benefit of 

an Indian tribe; or 

(B) in fee by an Indian tribe, subject to restrictions 

against alienation under Federal law. 

(b) APPROVAL BY SECRETARY.—The Secretary may approve an 

Indian trust asset management plan that includes a provision 

authorizing the Indian tribe to enter into, approve, and carry out 

a surface leasing transaction or forest land management activity 

without approval of the Secretary, regardless of whether the surface 

leasing transaction or forest land management activity would 

require such an approval under otherwise applicable law (including 

regulations), if— 

(1) the resolution or other action of the governing body 

of the Indian tribe referred to in section 203(c)(2)(A) expressly 

authorizes the inclusion of the provision in the Indian trust 

asset management plan; and 

(2) the Indian tribe has adopted regulations expressly incorporated by reference into the Indian trust asset management 

plan that— 

(A) with respect to a surface leasing transaction— 

(i) have been approved by the Secretary pursuant 

to subsection (h)(4) of the first section of the Act of 

August 9, 1955 (25 U.S.C. 415(h)(4)); or 

(ii) have not yet been approved by the Secretary 

in accordance with clause (i), but that the Secretary 

25 USC 5614. 

Notice. 


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PUBLIC LAW 114–178—JUNE 22, 2016 130 STAT. 437 

determines at or prior to the time of approval under 

this paragraph meet the requirements of subsection 

(h)(3) of the first section of that Act (25 U.S.C. 

415(h)(3)); or 

(B) with respect to forest land management activities, 

the Secretary determines— 

(i) are consistent with the regulations of the Secretary adopted under the National Indian Forest 

Resources Management Act (25 U.S.C. 3101 et seq.); 

and 

(ii) provide for an environmental review process 

that includes— 

(I) the identification and evaluation of any 

significant effects of the proposed action on the 

environment; and 

(II) a process consistent with the regulations 

referred to in clause (i) for ensuring that— 

(aa) the public is informed of, and has 

a reasonable opportunity to comment on, any 

significant environmental impacts of the proposed forest land management activity identified by the Indian tribe; and 

(bb) the Indian tribe provides responses 

to relevant and substantive public comments 

on any such impacts before the Indian tribe 

approves the forest land management activity. 

(c) TYPES OF TRANSACTIONS.— 

(1) IN GENERAL.—At the discretion of the Indian tribe, 

an Indian trust asset management plan may authorize the 

Indian tribe to carry out a surface leasing transaction, a forest 

land management activity, or both. 

(2) SELECTION OF SPECIFIC TRANSACTIONS AND ACTIVITIES.— 

At the discretion of the Indian tribe, the Indian tribe may 

include in the integrated resource management plan any 1 

or more of the transactions and activities authorized to be 

included in the plan under subsection (b). 

(d) TECHNICAL ASSISTANCE.— 

(1) IN GENERAL.—The Secretary may provide technical 

assistance, on request of an Indian tribe, for development of 

a regulatory environmental review process required under subsection (b)(2)(B)(ii). 

(2) INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT.—The technical assistance to be provided by the 

Secretary pursuant to paragraph (1) may be made available 

through contracts, grants, or agreements entered into in accordance with, and made available to entities eligible for, contracts, 

grants, or agreements under the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 450 et seq.). 

(e) FEDERAL ENVIRONMENTAL REVIEW.—Notwithstanding subsection (b), if an Indian tribe carries out a project or activity 

funded by a Federal agency, the Indian tribe shall have the 

authority to rely on the environmental review process of the 

applicable Federal agency, rather than any tribal environmental 

review process under this section. 

(f) DOCUMENTATION.—If an Indian tribe executes a surface 

leasing transaction or forest land management activity, pursuant 

Review. 

Determination. 


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130 STAT. 438 PUBLIC LAW 114–178—JUNE 22, 2016 

to tribal regulations under subsection (b)(2), the Indian tribe shall 

provide to the Secretary 

(1) a copy of the surface leasing transaction or forest land 

management activity documents, including any amendments 

to, or renewals of, the applicable transaction; and 

(2) in the case of tribal regulations, a surface leasing transaction, or forest land management activities that allow payments to be made directly to the Indian tribe, documentation 

of the payments that is sufficient to enable the Secretary to 

discharge the trust responsibility of the United States under 

subsection (g). 

(g) TRUST RESPONSIBILITY.— 

(1) IN GENERAL.—The United States shall not be liable 

for losses sustained— 

(A) by an Indian tribe as a result of the execution 

of any forest land management activity pursuant to tribal 

regulations under subsection (b); or 

(B) by any party to a lease executed pursuant to tribal 

regulations under subsection (b). 

(2) AUTHORITY OF SECRETARY.—Pursuant to the authority 

of the Secretary to fulfill the trust obligation of the United 

States to Indian tribes under Federal law (including regulations), the Secretary may, on reasonable notice from the 

applicable Indian tribe and at the discretion of the Secretary, 

enforce the provisions of, or cancel, any lease executed by 

the Indian tribe under this section. 

(h) COMPLIANCE.— 

(1) IN GENERAL.—An interested party, after exhausting any 

applicable tribal remedies, may submit to the Secretary a petition, at such time and in such form as the Secretary determines 

to be appropriate, to review the compliance of an applicable 

Indian tribe with any tribal regulations approved by the Secretary under this subsection. 

(2) VIOLATIONS.—If the Secretary determines under paragraph (1) that a violation of tribal regulations has occurred, 

the Secretary may take any action the Secretary determines 

to be necessary to remedy the violation, including rescinding 

the approval of the tribal regulations and reassuming responsibility for the approval of leases of tribal trust land. 

(3) DOCUMENTATION.—If the Secretary determines under 

paragraph (1) that a violation of tribal regulations has occurred 

and a remedy is necessary, the Secretary shall— 

(A) make a written determination with respect to the 

regulations that have been violated; 

(B) provide to the applicable Indian tribe a written 

notice of the alleged violation, together with the written 

determination; and 

(C) prior to the exercise of any remedy, the rescission 

of the approval of the regulation involved, or the reassumption of the trust asset transaction approval responsibilities, 

provide to the applicable Indian tribe— 

(i) a hearing on the record; and 

(ii) a reasonable opportunity to cure the alleged 

violation. 

Notice. 

Determination. 

Determination. 


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PUBLIC LAW 114–178—JUNE 22, 2016 130 STAT. 439 

SEC. 206. EFFECT OF TITLE. 

(a) LIABILITY.—Subject to section 205 and this section, nothing 

in this title or an Indian trust asset management plan approved 

under section 204 shall independently diminish, increase, create, 

or otherwise affect the liability of the United States or an Indian 

tribe participating in the project for any loss resulting from the 

management of an Indian trust asset under an Indian trust asset 

management plan. 

(b) DEVIATION FROM STANDARD PRACTICES.—The United States 

shall not be liable to any party (including any Indian tribe) for 

any term of, or any loss resulting from the terms of, an Indian 

trust asset management plan that provides for management of 

a trust asset at a less-stringent standard than the Secretary would 

otherwise require or adhere to in absence of an Indian trust asset 

management plan. 

(c) EFFECT OF TERMINATION OF PLAN.—Subsection (b) applies 

to losses resulting from a transaction or activity described in that 

subsection even if the Indian trust asset management plan is terminated under section 204(d) or rescinded under section 205(h). 

(d) EFFECT ON OTHER LAWS.— 

(1) IN GENERAL.—Except as provided in sections 204 and 

205 and subsection (e), nothing in this title amends or otherwise 

affects the application of any treaty, statute, regulation, or 

Executive order that is applicable to Indian trust assets or 

the management or administration of Indian trust assets. 

(2) INDIAN SELF-DETERMINATION ACT.—Nothing in this title 

limits or otherwise affects the authority of an Indian tribe, 

including an Indian tribe participating in the project, to enter 

into and carry out a contract, compact, or other agreement 

under the Indian Self-Determination and Education Assistance 

Act (25 U.S.C. 450 et seq.) (including regulations). 

(e) SEPARATE APPROVAL.—An Indian tribe may submit to the 

Secretary tribal regulations described in section 205(b) governing 

forest land management activities for review and approval under 

this title if the Indian tribe does not submit or intend to submit 

an Indian trust asset management plan. 

(f) TRUST RESPONSIBILITY.—Nothing in this title enhances, 

diminishes, or otherwise affects the trust responsibility of the 

United States to Indian tribes or individual Indians. 

TITLE III—IMPROVING EFFICIENCY 

AND STREAMLINING PROCESSES 

SEC. 301. PURPOSE. 

The purpose of this title is to ensure a more efficient and 

streamlined administration of duties of the Secretary of the Interior 

with respect to providing services and programs to Indians and 

Indian tribes, including the management of Indian trust resources. 

SEC. 302. DEFINITIONS. 

In this title: 

(1) BIA.—The term ‘‘BIA’’ means the Bureau of Indian 

Affairs. 

(2) DEPARTMENT.—The term ‘‘Department’’ means the 

Department of the Interior. 

25 USC 5632. 

25 USC 5631. 

Applicability. 

25 USC 5614. 


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130 STAT. 440 PUBLIC LAW 114–178—JUNE 22, 2016 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(4) UNDER SECRETARY.—The term ‘‘Under Secretary’’ means 

the Under Secretary for Indian Affairs established under section 

303(a). 

SEC. 303. UNDER SECRETARY FOR INDIAN AFFAIRS. 

(a) ESTABLISHMENT OF POSITION.—Notwithstanding any other 

provision of law, the Secretary may establish in the Department 

the position of Under Secretary for Indian Affairs, who shall report 

directly to the Secretary. 

(b) APPOINTMENT.— 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

Under Secretary shall be appointed by the President, by and 

with the advice and consent of the Senate. 

(2) EXCEPTION.—The individual serving as the Assistant 

Secretary for Indian Affairs on the date of enactment of this 

Act may assume the position of Under Secretary without 

appointment under paragraph (1), if— 

(A) that individual was appointed as Assistant Secretary for Indian Affairs by the President, by and with 

the advice and consent of the Senate; and 

(B) not later than 180 days after the date of enactment 

of this Act, the Secretary approves the assumption. 

(c) DUTIES.—In addition to any other duties directed by the 

Secretary, the Under Secretary shall— 

(1) coordinate with the Special Trustee for American 

Indians to ensure an orderly transition of the functions of 

the Special Trustee to one or more appropriate agencies, offices, 

or bureaus within the Department, as determined by the Secretary; 

(2) to the maximum extent practicable, supervise and 

coordinate activities and policies of the BIA with activities 

and policies of— 

(A) the Bureau of Reclamation; 

(B) the Bureau of Land Management; 

(C) the Office of Natural Resources Revenue; 

(D) the National Park Service; and 

(E) the United States Fish and Wildlife Service; and 

(3) provide for regular consultation with Indians and Indian 

tribes that own interests in trust resources and trust fund 

accounts. 

(d) PERSONNEL PROVISIONS.— 

(1) APPOINTMENTS.—The Under Secretary may appoint and 

fix the compensation of such officers and employees as the 

Under Secretary determines to be necessary to carry out any 

function transferred under this section. 

(2) REQUIREMENTS.—Except as otherwise provided by law— 

(A) any officer or employee described in paragraph 

(1) shall be appointed in accordance with the civil service 

laws; 

(B) the compensation of such an officer or employee 

shall be fixed in accordance with title 5, United States 

Code; and 

(C) in appointing or otherwise hiring any employee, 

the Under Secretary shall give preference to Indians in 

Deadline. 

President. 

25 USC 5633. 


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PUBLIC LAW 114–178—JUNE 22, 2016 130 STAT. 441 

accordance with section 12 of the Act of June 18, 1934 

(25 U.S.C. 472). 

SEC. 304. OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS. 

(a) INFORMATION TO CONGRESS.—Notwithstanding sections 302 

and 303 of the American Indian Trust Fund Management Reform 

Act of 1994 (25 U.S.C. 4042 and 4043), not later than 1 year 

after the date of enactment of this Act, the Secretary shall prepare 

and, after consultation with Indian tribes and appropriate Indian 

organizations, submit to the Committee on Natural Resources of 

the House of Representatives, the Committee on Indian Affairs 

of the Senate, and the Committees on Appropriations of the House 

of Representatives and the Senate— 

(1) an identification of all functions, other than the collection, management, and investment of Indian trust funds, that 

the Office of the Special Trustee performs independently or 

in concert with the BIA or other Federal agencies, specifically 

those functions that affect or relate to management of nonmonetary trust resources; 

(2) a description of any functions of the Office of the Special 

Trustee that will be transitioned to other bureaus or agencies 

within the Department prior to the termination date of the 

Office, as described in paragraph (3), together with the timeframes for those transfers; and 

(3) a transition plan and timetable for the termination 

of the Office of the Special Trustee, to occur not later than 

2 years after the date of submission, unless the Secretary 

determines than an orderly transition cannot be accomplished 

within 2 years, in which case the Secretary shall include— 

(A) a statement of all reasons why the transition cannot 

be effected within that time; and 

(B) an alternative date for completing the transition. 

(b) FIDUCIARY TRUST OFFICERS.—Subject to applicable law and 

regulations, the Secretary, at the request of an Indian tribe or 

a consortium of Indian tribes, shall include fiduciary trust officers 

in a contract, compact, or other agreement under the Indian SelfDetermination and Education Assistance Act (25 U.S.C. 450 et 

seq.). 

(c) EFFECT OF SECTION.—Nothing in this section or the submission required by this section— 

(1) shall cause the Office of the Special Trustee to terminate; or 

(2) affect the application of sections 302 and 303 of the 

American Indian Trust Fund Management Reform Act of 1994 

(25 U.S.C. 4042 and 4043). 

SEC. 305. APPRAISALS AND VALUATIONS. 

(a) IN GENERAL.—Notwithstanding section 304, not later than 

18 months after the date of enactment of this Act, the Secretary, 

in consultation with Indian tribes and tribal organizations, shall 

ensure that appraisals and valuations of Indian trust property 

are administered by a single bureau, agency, or other administrative 

entity within the Department. 

(b) MINIMUM QUALIFICATIONS.—Not later than 1 year after 

the date of enactment of this Act, the Secretary shall establish 

and publish in the Federal Register minimum qualifications for 

individuals to prepare appraisals and valuations of Indian trust 

property. 

Federal Register, 

publication. 

Deadlines. 

Trust property. 

25 USC 5635. 

Consultation. 

Contracts. 

Plan. 

Deadline. 

Determination. 

Deadline. 

Consultation. 

25 USC 5634. 


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130 STAT. 442 PUBLIC LAW 114–178—JUNE 22, 2016 

(c) SECRETARIAL APPROVAL.—In any case in which an Indian 

tribe or Indian beneficiary submits to the Secretary an appraisal 

or valuation that satisfies the minimum qualifications described 

in subsection (b), and that submission acknowledges the intent 

of the Indian tribe or beneficiary to have the appraisal or valuation 

considered under this section, the appraisal or valuation— 

(1) shall not require any additional review or approval 

by the Secretary; and 

(2) shall be considered to be final for purposes of effectuating the transaction for which the appraisal or valuation 

is required. 

SEC. 306. COST SAVINGS. 

(a) IN GENERAL.—For any program, function, service, or activity 

(or any portion of a program, function, service, or activity) of the 

Office of the Special Trustee that will not be operated or carried 

out as a result of a transfer of functions and personnel following 

enactment of this Act, the Secretary shall— 

(1) identify the amounts that the Secretary would otherwise 

have expended to operate or carry out each program, function, 

service, and activity (or portion of a program, function, service, 

or activity); and 

(2) provide to the tribal representatives of the TribalInterior Budget Council or the representative of any other 

appropriate entity that advises the Secretary on Indian program 

budget or funding issues a list that describes— 

(A) the programs, functions, services, and activities 

(or any portion of a program, function, service, or activity) 

identified under paragraph (1); and 

(B) the amounts associated with each program, function, service, and activity (or portion of a program, function, 

service, or activity). 

(b) TRIBAL RECOMMENDATIONS.—Not later than 90 days after 

the date of receipt of a list under subsection (a)(2), the tribal 

representatives of the Tribal-Interior Budget Council and the representatives of any other appropriate entities that advise the Secretary on Indian program budget or funding issues may provide 

recommendations regarding how any amounts or cost savings should 

be reallocated, incorporated into future budget requests, or appropriated to— 

(1) the Secretary; 

(2) the Office of Management and Budget; 

(3) the Committee on Appropriations of the House of Representatives; 

(4) the Committee on Natural Resources of the House of 

Representatives; 

Deadline. 

List. 

25 USC 5636. 


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PUBLIC LAW 114–178—JUNE 22, 2016 130 STAT. 443 

LEGISLATIVE HISTORY—H.R. 812 (S. 383): 

HOUSE REPORTS: No. 114–432 (Comm. on Natural Resources). 

SENATE REPORTS: No. 114–207 (Comm. on Indian Affairs) accompanying S. 383. 

CONGRESSIONAL RECORD, Vol. 162 (2016): 

Feb. 24, considered and passed House. 

June 10, considered and passed Senate. 

Æ 

(5) the Committee on Appropriations of the Senate; and 

(6) the Committee on Indian Affairs of the Senate. 

Approved June 22, 2016. 


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