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[114th Congress Public Law 178]
[From the U.S. Government Publishing Office]

[[Page 431]]

                      INDIAN TRUST ASSET REFORM ACT

[[Page 130 STAT. 432]]

Public Law 114-178
114th Congress

                                 An Act

 
   To provide for Indian trust asset management reform, and for other 
            purposes. <<NOTE: June 22, 2016 -  [H.R. 812]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Indian Trust 
Asset Reform Act.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 25 USC 5601 note.>>  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. <<NOTE: 25 USC 5601.>>  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;

[[Page 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. <<NOTE: 25 USC 5602.>>  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 <<NOTE: Indian Trust Asset Management Demonstration Project Act of 
      2016. 25 USC 5601 note.>>  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. <<NOTE: 25 USC 5611.>>  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. <<NOTE: 25 USC 5612.>>  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--

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                          (i) a statement that the application of the 
                      Indian tribe has been approved by the Secretary; 
                      and
                          (ii) <<NOTE: Plan.>>  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) <<NOTE: Records.>>  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. <<NOTE: 25 USC 5613.>>  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) <<NOTE: Procedures.>>  establish procedures for 
                nonbinding mediation or resolution of any dispute 
                between the Indian tribe and

[[Page 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) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Deadline.>>  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

[[Page 130 STAT. 436]]

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) <<NOTE: Notice.>>  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. <<NOTE: 25 USC 5614.>>  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

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                      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) <<NOTE: Determination.>>  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) <<NOTE: Review.>>  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

[[Page 130 STAT. 438]]

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) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  make a written 
                determination with respect to the regulations that have 
                been violated;
                    (B) <<NOTE: Notice.>>  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.

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SEC. 206. <<NOTE: 25 USC 5614.>>  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) <<NOTE: Applicability.>>  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. <<NOTE: 25 USC 5631.>>  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. <<NOTE: 25 USC 5632.>>  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.

[[Page 130 STAT. 440]]

            (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. <<NOTE: 25 USC 5633.>>  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) <<NOTE: President.>>  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) <<NOTE: Deadline.>>  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

[[Page 130 STAT. 441]]

                accordance with section 12 of the Act of June 18, 1934 
                (25 U.S.C. 472).
SEC. 304. <<NOTE: 25 USC 5634.>>  OFFICE OF SPECIAL TRUSTEE FOR 
                        AMERICAN INDIANS.

    (a) <<NOTE: Deadline. Consultation.>>  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) <<NOTE: Plan. Deadline. Determination.>>  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) <<NOTE: Contracts.>>  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 Self-Determination 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. <<NOTE: Deadlines. Trust property. 25 USC 
                        5635. Consultation.>>  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) <<NOTE: Federal Register, publication.>>  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.

[[Page 130 STAT. 442]]

    (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. <<NOTE: 25 USC 5636.>>  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) <<NOTE: List.>>  provide to the tribal representatives 
        of the Tribal-Interior 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) <<NOTE: Deadline.>>  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;

[[Page 130 STAT. 443]]

            (5) the Committee on Appropriations of the Senate; and
            (6) the Committee on Indian Affairs of the Senate.

    Approved June 22, 2016.

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.

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