I 

108TH CONGRESS 

1ST SESSION H. R. 2981

To provide for reform of management of Indian trust funds and assets 

under the jurisdiction of the Department of the Interior, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2003

Mr. UDALL of Colorado (for himself and Mr. RAHALL) introduced the 

following bill; which was referred to the Committee on Resources 

A BILL

To provide for reform of management of Indian trust funds 

and assets under the jurisdiction of the Department of 

the Interior, 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 Act of 

6 2003’’. 
2

•HR 2981 IH 

1 SEC. 2. DEFINITIONS. 

2 Section 2 of the American Indian Trust Fund Man3 agement Reform Act of 1994 (25 U.S.C. 4001) is amend4 ed—

5 (1) by redesignating paragraphs (1), (2), (3), 

6 (4), (5), and (6) as paragraphs (7), (4), (6), (5), 

7 (2), and (3), respectively, and moving those para8 graphs so as to appear in numerical order; and 

9 (2) by inserting before paragraph (2) (as redes10 ignated by paragraph (1)) the following: 

11 ‘‘(1) AUDIT.—The term ‘audit’ means an audit 

12 using accounting procedures that conform to gen13 erally accepted accounting principles and auditing 

14 procedures that conform to chapter 75 of title 31, 

15 United States Code (commonly known as the ‘Single 

16 Audit Act of 1984’);’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(8) TRIBAL GOVERNMENT.—The term ‘tribal 

19 government’ means the governing body of an Indian 

20 tribe. 

21 ‘‘(9) TRUST ASSET.—The term ‘trust asset’ 

22 means any tangible property (such as land, a min23 eral, coal, oil or gas, a forest resource, an agricul24 tural resource, water, a water source, fish, or wild25 life) held by the Secretary for the benefit of an In-
3

•HR 2981 IH 

1 dian tribe or an individual member of an Indian 

2 tribe in accordance with Federal law. 

3 ‘‘(10) TRUST FUNDS.—The term ‘trust funds’ 

4 means—

5 ‘‘(A) all monies or proceeds derived from 

6 trust assets; and 

7 ‘‘(B) all funds held by the Secretary for 

8 the benefit of an Indian tribe or an individual 

9 member of an Indian tribe in accordance with 

10 Federal law. 

11 ‘‘(11) TRUSTEE.—The term ‘trustee’ means the 

12 Secretary or any other person that is authorized to 

13 act as a trustee for trust assets and trust funds.’’. 

14 SEC. 3. RESPONSIBILITIES OF SECRETARY. 

15 Section 102 of the American Indian Trust Fund 

16 Management Reform Act of 1994 (25 U.S.C. 4011) is 

17 amended to read as follows: 

18 ‘‘SEC. 102. RESPONSIBILITIES OF SECRETARY. 

19 ‘‘(a) ACCOUNTING FOR DAILY AND ANNUAL BAL20 ANCES OF INDIAN TRUST FUNDS.—

21 ‘‘(1) IN GENERAL.—The Secretary shall ac22 count for the daily and annual balances of all trust 

23 funds. 

24 ‘‘(2) PERIODIC STATEMENT OF PERFORM25 ANCE.—
4

•HR 2981 IH 

1 ‘‘(A) IN GENERAL.—Not later than 20 

2 business days after the close of the second cal3 endar quarter after the date of enactment of 

4 this paragraph, and not later than 20 business 

5 days after the close of each calendar quarter 

6 thereafter, the Secretary shall provide to each 

7 Indian tribe and individual Indian for whom the 

8 Secretary manages trust funds a statement of 

9 performance for the trust funds. 

10 ‘‘(B) REQUIREMENTS.—Each statement 

11 under subparagraph (A) shall identify, with re12 spect to the period covered by the statement—

13 ‘‘(i) the source, type, and status of the 

14 funds; 

15 ‘‘(ii) the beginning balance of the 

16 funds; 

17 ‘‘(iii) the gains and losses of the 

18 funds; 

19 ‘‘(iv) receipts and disbursements of 

20 the funds; and 

21 ‘‘(v) the ending balance of the funds. 

22 ‘‘(3) AUDITS.—With respect to each account 

23 containing trust funds, the Secretary shall—
5

•HR 2981 IH 

1 ‘‘(A) for accounts with less than $1,000, 

2 group accounts separately to allow for statis3 tical sampling audit procedures; 

4 ‘‘(B) for accounts containing more than 

5 $1,000 at any time during a given fiscal year—

6 ‘‘(i) conduct, for each fiscal year, an 

7 audit of all trust funds; and 

8 ‘‘(ii) include, in the first statement of 

9 performance after completion of the audit, 

10 a letter describing the results of the audit. 

11 ‘‘(b) ADDITIONAL RESPONSIBILITIES.—The respon12 sibilities of the Secretary in carrying out the trust respon13 sibility of the United States include, but are not limited 

14 to—

15 ‘‘(1) providing for adequate systems for ac16 counting for and reporting trust fund balances; 

17 ‘‘(2) providing for adequate controls over re18 ceipts and disbursements; 

19 ‘‘(3) providing for periodic, timely reconcili20 ations of financial records to ensure the accuracy of 

21 account information; 

22 ‘‘(4) determining accurate cash balances; 

23 ‘‘(5) preparing and supplying to account hold24 ers periodic account statements; 
6

•HR 2981 IH 

1 ‘‘(6) establishing and publishing in the Federal 

2 Register consistent policies and procedures for trust 

3 fund management and accounting; 

4 ‘‘(7) providing adequate staffing, supervision, 

5 and training for trust fund management and ac6 counting; and 

7 ‘‘(8) managing natural resources located within 

8 the boundaries of Indian reservations and trust 

9 land.’’. 

10 SEC. 4. AFFIRMATION OF STANDARDS. 

11 Title I of the American Indian Trust Fund Manage12 ment Reform Act of 1994 (25 U.S.C. 4011 et seq.) is 

13 amended by adding at the end the following: 

14 ‘‘SEC. 105. AFFIRMATION OF STANDARDS. 

15 ‘‘Congress affirms that the proper discharge of trust 

16 responsibility of the United States requires, without limi17 tation, that the trustee, using the highest degree of care, 

18 skill, and loyalty—

19 ‘‘(1) protect and preserve Indian trust assets 

20 from loss, damage, unlawful alienation, waste, and 

21 depletion; 

22 ‘‘(2) ensure that any management of Indian 

23 trust assets required to be carried out by the Sec24 retary—
7

•HR 2981 IH 

1 ‘‘(A) promotes the interest of the beneficial 

2 owner; and 

3 ‘‘(B) supports, to the maximum extent 

4 practicable in accordance with the trust respon5 sibility of the Secretary, the beneficial owner’s 

6 intended use of the assets; 

7 ‘‘(3)(A) enforce the terms of all leases or other 

8 agreements that provide for the use of trust assets; 

9 and 

10 ‘‘(B) take appropriate steps to remedy trespass 

11 on trust or restricted land; 

12 ‘‘(4) promote tribal control and self-determina13 tion over tribal trust land and resources without di14 minishing the trust responsibility of the Secretary; 

15 ‘‘(5) select and oversee persons that manage In16 dian trust assets; 

17 ‘‘(6) confirm that Indian tribes that manage In18 dian trust assets in accordance with contracts and 

19 compacts authorized by the Indian Self-Determina20 tion and Education Assistance Act (25 U.S.C. 450 

21 et seq.) protect and prudently manage those Indian 

22 trust assets; 

23 ‘‘(7) provide oversight and review of the per24 formance of the trust responsibility of the Secretary, 

25 including Indian trust asset and investment manage-
8

•HR 2981 IH 

1 ment programs, operational systems, and informa2 tion systems; 

3 ‘‘(8) account for and identify, collect, deposit, 

4 invest, and distribute, in a timely manner, income 

5 due or held on behalf of tribal and individual Indian 

6 account holders; 

7 ‘‘(9) maintain a verifiable system of records 

8 that, at a minimum, is capable of identifying, with 

9 respect to a trust asset—

10 ‘‘(A) the location of the trust asset; 

11 ‘‘(B) the beneficial owners of the trust 

12 asset; 

13 ‘‘(C) any legal encumbrances (such as 

14 leases or permits) applicable to the trust asset; 

15 ‘‘(D) the user of the trust asset; 

16 ‘‘(E) any rent or other payments made; 

17 ‘‘(F) the value of trust or restricted land 

18 and resources associated with the trust asset; 

19 ‘‘(G) dates of—

20 ‘‘(i) collections; 

21 ‘‘(ii) deposits; 

22 ‘‘(iii) transfers; 

23 ‘‘(iv) disbursements; 
9

•HR 2981 IH 

1 ‘‘(v) imposition of third-party obliga2 tions (such as court-ordered child support 

3 or judgments); 

4 ‘‘(vi) statements of earnings; 

5 ‘‘(vii) investment instruments; and 

6 ‘‘(viii) closure of all trust fund ac7 counts relating to the trust fund asset; 

8 ‘‘(H) documents pertaining to actions 

9 taken to prevent or compensate for any dimin10 ishment of the Indian trust asset; and 

11 ‘‘(I) documents that evidence the actions of 

12 the Secretary regarding the management and 

13 disposition of the Indian trust asset; 

14 ‘‘(10) establish and maintain a system of 

15 records that—

16 ‘‘(A) permits beneficial owners to obtain 

17 information regarding Indian trust assets in a 

18 timely manner; and 

19 ‘‘(B) protects the privacy of that informa20 tion; 

21 ‘‘(11) invest tribal and individual Indian trust 

22 funds to ensure that the trust account remains rea23 sonably productive for the beneficial owner con24 sistent with market conditions existing at the time 

25 at which investment is made; 
10

•HR 2981 IH 

1 ‘‘(12) communicate with beneficial owners re2 garding the management and administration of In3 dian trust assets; and 

4 ‘‘(13) protect treaty-based fishing, hunting, 

5 gathering, and similar rights-of-access and resource 

6 use on traditional tribal land.’’. 

7 SEC. 5. INDIAN PARTICIPATION IN TRUST FUND ACTIVI8 TIES. 

9 Section 202 of the American Indian Trust Fund 

10 Management Reform Act of 1994 (25 U.S.C. 4022) is 

11 amended by striking subsection (c) and inserting the fol12 lowing: 

13 ‘‘(c) MANAGEMENT THROUGH SELF-DETERMINA14 TION AUTHORITY.—

15 ‘‘(1) IN GENERAL.—An Indian tribe may use 

16 authority granted to the Indian tribe under the In17 dian Self-Determination and Education Assistance 

18 Act (25 U.S.C. 450 et seq.) to manage Indian trust 

19 funds and trust assets without terminating—

20 ‘‘(A) the trust responsibility of the Sec21 retary; or 

22 ‘‘(B) the trust status of the funds and as23 sets. 

24 ‘‘(2) NO EFFECT ON TRUST RESPONSIBILITY.—

25 Nothing in this subsection diminishes or otherwise 
11

•HR 2981 IH 

1 impairs the trust responsibility of the United States 

2 with respect to the Indian people.’’. 

3 SEC. 6. DEPUTY SECRETARY FOR INDIAN AFFAIRS. 

4 (a) IN GENERAL.—Section 302 of the American In5 dian Trust Fund Management Reform Act of 1994 (25 

6 U.S.C. 4042) is amended to read as follows: 

7 ‘‘SEC. 302. DEPUTY SECRETARY FOR INDIAN AFFAIRS. 

8 ‘‘(a) ESTABLISHMENT.—

9 ‘‘(1) IN GENERAL.—There is established within 

10 the Department the position of Deputy Secretary for 

11 Indian Affairs (referred to in this section as the 

12 ‘Deputy Secretary’), who shall report directly to the 

13 Secretary. 

14 ‘‘(2) APPOINTMENT.—The Deputy Secretary 

15 shall be appointed by the President, by and with the 

16 advice and consent of the Senate. 

17 ‘‘(b) DUTIES.—

18 ‘‘(1) IN GENERAL.—The Deputy Secretary 

19 shall—

20 ‘‘(A) oversee the Bureau of Indian Affairs; 

21 ‘‘(B) be responsible for carrying out all du22 ties assigned to the Assistant Secretary for In23 dian Affairs as of the day before the date of en24 actment of the American Indian Trust Fund 
12

•HR 2981 IH 

1 Management Reform Act Amendments Act of 

2 2003; 

3 ‘‘(C) oversee all trust fund and trust asset 

4 matters of the Department, including—

5 ‘‘(i) administration and management 

6 of the Reform Office; 

7 ‘‘(ii) financial and human resource 

8 matters of the Reform Office; and 

9 ‘‘(iii) all duties relating to trust fund 

10 and trust asset matters; 

11 ‘‘(D) engage in appropriate government-to12 government relations and consultations with In13 dian tribes and individual trust asset and trust 

14 fund account holders on matters involving trust 

15 asset and trust fund management and reform 

16 within the Department; and 

17 ‘‘(E) carry out such other duties relating 

18 to Indian affairs as the Secretary may assign. 

19 ‘‘(2) TRANSFER OF DUTIES OF ASSISTANT SEC20 RETARY.—As of the date of enactment of the Amer21 ican Indian Trust Fund Management Reform Act 

22 Amendments Act of 2003, all duties assigned to the 

23 Assistant Secretary for Indian Affairs shall be trans24 ferred to, and become the responsibility of, the Dep25 uty Secretary. 
13

•HR 2981 IH 

1 ‘‘(3) SUCCESSION.—Any official who is serving 

2 as Assistant Secretary for Indian Affairs on the date 

3 of enactment of the American Indian Trust Fund 

4 Management Reform Act Amendments Act of 2003 

5 and who was appointed by the President, by and 

6 with the advice and consent of the Senate, shall not 

7 be required to be reappointed under subsection (a) 

8 to the successor position authorized under subsection 

9 (a) if the Secretary approves the occupation by the 

10 official of the position by the date that is 180 days 

11 after the date of enactment of the American Indian 

12 Trust Fund Management Reform Act Amendments 

13 Act of 2003 (or such later date determined by the 

14 Secretary if litigation delays rapid succession). 

15 ‘‘(c) STAFF.—In carrying out this section, the Dep16 uty Secretary may hire such staff having expertise in trust 

17 asset and trust fund management, financial organization 

18 and management, and Federal Indian law and policy as 

19 the Deputy Secretary determines is necessary to carry out 

20 this title. 

21 ‘‘(d) EFFECT ON DUTIES OF OTHER OFFICIALS.—

22 ‘‘(1) IN GENERAL.—Except as provided in sub23 section (c) and paragraph (2), nothing in this sec24 tion diminishes any responsibility or duty of the 

25 Deputy Secretary of the Interior appointed under 
14

•HR 2981 IH 

1 the Act of May 9, 1935 (43 U.S.C. 1452), or any 

2 other Federal official, relating to any duty estab3 lished under this Act or any other provision of law. 

4 ‘‘(2) TRUST ASSET AND TRUST FUND MANAGE5 MENT AND REFORM.—Notwithstanding any other 

6 provision of law, the Deputy Secretary shall have 

7 overall management and oversight authority on mat8 ters of the Department relating to trust asset and 

9 trust fund management and reform (including mat10 ters that, as of the day before the date of enactment 

11 of the Indian Trust Asset and Trust Fund Manage12 ment and Reform Act of 2003, were carried out by 

13 the Commissioner of Indian Affairs). 

14 ‘‘(e) OFFICE OF TRUST REFORM IMPLEMENTATION

15 AND OVERSIGHT.—

16 ‘‘(1) ESTABLISHMENT.—There is established 

17 within the Office of the Secretary the Office of 

18 Trust Reform Implementation and Oversight. 

19 ‘‘(2) REFORM OFFICE HEAD.—The Reform Of20 fice shall be headed by the Deputy Secretary. 

21 ‘‘(3) DUTIES.—The Reform Office shall—

22 ‘‘(A) supervise and direct the day-to-day 

23 activities of the Deputy Secretary, the Commis24 sioner of Reclamation, the Director of the Bu25 reau of Land Management, and the Director of 
15

•HR 2981 IH 

1 the Minerals Management Service, to the extent 

2 that those officials administer or manage any 

3 Indian trust assets or funds; 

4 ‘‘(B) administer, in accordance with title 

5 II, all trust properties, funds, and other assets 

6 held by the United States for the benefit of In7 dian tribes and individual members of Indian 

8 tribes; 

9 ‘‘(C) require the development and mainte10 nance of an accurate inventory of all trust 

11 funds and trust assets; 

12 ‘‘(D) ensure the prompt posting of revenue 

13 derived from a trust fund or trust asset for the 

14 benefit of each Indian tribe (or individual mem15 ber of each Indian tribe) that owns a beneficial 

16 interest in the trust fund or trust asset; 

17 ‘‘(E) ensure that all trust fund accounts 

18 are audited at least annually, and more fre19 quently as determined to be necessary by the 

20 Deputy Secretary; 

21 ‘‘(F) ensure that the Deputy Secretary, the 

22 Director of the Bureau of Land Management, 

23 the Commissioner of Reclamation, and the Di24 rector of the Minerals Management Service pro25 vide to the Secretary current and accurate in-
16

•HR 2981 IH 

1 formation relating to the administration and 

2 management of trust funds and trust assets; 

3 and 

4 ‘‘(G) provide for regular consultation with 

5 trust fund account holders on the administra6 tion of trust funds and trust assets to ensure, 

7 to the maximum extent practicable in accord8 ance with applicable law and a Plan approved 

9 under section 202, the greatest return on those 

10 funds and assets for the trust fund account 

11 holders consistent with the beneficial owners in12 tended uses for the trust funds. 

13 ‘‘(4) CONTRACTS AND COMPACTS.—The Reform 

14 Office may carry out its duties directly or through 

15 contracts and compacts under section 102 of the In16 dian Self-Determination Act (25 U.S.C. 450f) or 

17 section 403 of the Indian Self Determination and 

18 Education Assistance Act (25 U.S.C. 458cc) to pro19 vide for the management of trust assets and trust 

20 funds by Indian tribes pursuant to a Trust Fund 

21 and Trust Asset Management and Monitoring Plan 

22 developed under section 202 of this Act. 

23 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated such sums as are nec25 essary to carry out this section.’’. 
17

•HR 2981 IH 

1 (b) CONFORMING AMENDMENTS.—

2 (1) IN GENERAL.—

3 (A) Section 5313 of title 5, United States 

4 Code, is amended by inserting ‘‘Deputy Sec5 retary of the Interior for Indian Affairs’’ after 

6 ‘‘Deputy Secretary of the Interior’’. 

7 (B) Section 5315 of title 5, United States 

8 Code, is amended by striking ‘‘Assistant Secre9 taries of the Interior (6)’’ and inserting ‘‘As10 sistant Secretaries of the Interior (5)’’. 

11 (C) Title III of the American Indian Trust 

12 Fund Management Reform Act of 1994 (25 

13 U.S.C. 4041 et seq.) is amended by striking the 

14 title heading and inserting the following: 

15 ‘‘TITLE III—REFORMS RELATING 

16 TO TRUST RESPONSIBILITY’’. 

17 (D) Section 301(1) of the American Indian 

18 Trust Fund Management Reform Act of 1994 

19 (25 U.S.C. 4041(1)) is amended by striking ‘‘by 

20 establishing in the Department of the Interior 

21 an Office of Special Trustee for American Indi22 ans’’ and inserting ‘‘by directing the Deputy 

23 Secretary’’. 
18

•HR 2981 IH 

1 (E) Section 303 of the American Indian 

2 Trust Fund Management Reform Act of 1994 

3 (25 U.S.C. 4043) is amended—

4 (i) by striking the section heading and 

5 inserting the following: 

6 ‘‘SEC. 303. ADDITIONAL AUTHORITIES AND FUNCTIONS OF 

7 THE DEPUTY SECRETARY. ’’; 

8 (ii) in subsection (a)(1), by striking 

9 ‘‘section 302(b) of this title’’ and inserting 

10 ‘‘section 302(a)(2)’’; 

11 (iii) in subsection (e)—

12 (I) by striking the subsection 

13 heading and inserting the following: 

14 ‘‘(e) ACCESS OF DEPUTY SECRETARY.—’’; and 

15 (II) by striking ‘‘of his duties’’ 

16 and inserting ‘‘of the duties of the 

17 Deputy Secretary’’; and 

18 (iv) by striking ‘‘Special Trustee’’ 

19 each place it appears and inserting ‘‘Dep20 uty Secretary’’. 

21 (F) Sections 304 and 305 of the American 

22 Indian Trust Fund Management Reform Act of 

23 1994 (25 U.S.C. 4044, 4045) are amended by 

24 striking ‘‘Special Trustee’’ each place it appears 

25 and inserting ‘‘Deputy Secretary’’. 
19

•HR 2981 IH 

1 (G) The first section of Public Law 92–22 

2 (43 U.S.C. 1453a) is repealed. 

3 (H) Any reference in a law, map, regula4 tion, document, paper, or other record of the 

5 United States to the Assistant Secretary of the 

6 Interior for Indian Affairs shall be deemed to 

7 be a reference to the Deputy Secretary of the 

8 Interior for Indian Affairs. 

9 (2) EFFECTIVE DATE.—The amendments made 

10 by this subsection take effect on the date on which 

11 a Deputy Secretary for Indian Affairs is appointed 

12 under section 302 of the American Indian Trust 

13 Fund Management Reform Act (as amended by sub14 section (a)). 

15 SEC. 7. COMMISSION FOR REVIEW OF INDIAN TRUST FUND 

16 MANAGEMENT RESPONSIBILITIES. 

17 (a) ESTABLISHMENT.—There is established a com18 mission, to be known as the ‘‘Commission for Review of 

19 Indian Trust Fund Management Responsibilities’’ (re20 ferred to in this section as the ‘‘Commission’’), for the 

21 purpose of assessing the fiduciary and management re22 sponsibilities of the Federal Government with respect to 

23 Indian tribes and individual Indian beneficiaries. 

24 (b) MEMBERSHIP.—
20

•HR 2981 IH 

1 (1) IN GENERAL.—The Commission shall be 

2 composed of 12 members, of whom—

3 (A) 4 members shall be appointed by the 

4 President; 

5 (B) 2 members shall be appointed by the 

6 Majority Leader of the Senate; 

7 (C) 2 members shall be appointed by the 

8 Minority Leader of the Senate; 

9 (D) 2 members shall be appointed by the 

10 Speaker of the House of Representatives; and 

11 (E) 2 members shall be appointed by the 

12 Minority Leader of the House of Representa13 tives. 

14 (2) QUALIFICATIONS.—The membership of the 

15 Commission—

16 (A) shall include a majority of individuals 

17 who are representatives of federally recognized 

18 Indian tribes, including at least 1 representative 

19 who is an individual Indian trust fund account 

20 holder; and 

21 (B) shall include members who have expe22 rience in—

23 (i) trust management; 

24 (ii) fiduciary investment management; 
21

•HR 2981 IH 

1 (iii) Federal Indian law and policy; 

2 and 

3 (iv) financial management. 

4 (3) CHAIRPERSON.—The Commission shall se5 lect a Chairperson from among the members of the 

6 Commission. 

7 (4) DATE OF APPOINTMENTS.—The appoint8 ment of a member of the Commission shall be made 

9 not later than 90 days after the date of enactment 

10 of this Act. 

11 (5) TERM; VACANCIES.—

12 (A) TERM.—A member shall be appointed 

13 for the life of the Commission. 

14 (B) VACANCIES.—A vacancy on the Com15 mission—

16 (i) shall not affect the powers of the 

17 Commission; and 

18 (ii) shall be filled in the same manner 

19 as the original appointment was made. 

20 (c) MEETINGS.—

21 (1) INITIAL MEETING.—Not later than 60 days 

22 after the date on which all members of the Commis23 sion have been appointed, the Commission shall hold 

24 the initial meeting of the Commission. 

25 (2) PROCEDURES.—The Commission shall—
22

•HR 2981 IH 

1 (A) meet at the call of the Chairperson; 

2 and 

3 (B) establish procedures for conduct of 

4 business of the Commission, including public 

5 hearings. 

6 (3) QUORUM.—A majority of the members of 

7 the Commission shall constitute a quorum, but a 

8 lesser number of members may hold hearings. 

9 (d) DUTIES.—The Commission shall—

10 (1) review and assess Federal laws and policies 

11 relating to the management of Indian trust funds; 

12 (2) make recommendations (including legislative 

13 and administrative recommendations) relating to 

14 management of Indian trust funds, including but not 

15 limited to options for—

16 (A) historical accounting; 

17 (B) settlement of disputed tribal and indi18 vidual accounts; and 

19 (C) revisions of—

20 (i) management standards; 

21 (ii) administrative management struc22 ture; 

23 (iii) investment policies and account24 ing; and 

25 (iv) reporting procedures; and 
23

•HR 2981 IH 

1 (3) carry out such other duties as the President 

2 may assign to the Commission. 

3 (e) REPORT.—Not later than 32 months after the 

4 date on which the Commission holds the initial meeting 

5 of the Commission, the Commission shall submit to Con6 gress, the Secretary of the Interior, and the Secretary of 

7 the Treasury a report that includes the results of the as8 sessment conducted, and the recommendations made, by 

9 the Commission under subsection (d). 

10 (f) POWERS OF COMMISSION.—

11 (1) HEARINGS.—The Commission may hold 

12 such hearings, meet and act at such times and 

13 places, take such testimony, and receive such evi14 dence as the Commission considers advisable to 

15 carry out this section. 

16 (2) INFORMATION FROM FEDERAL AGENCIES.—

17 (A) IN GENERAL.—The Commission may 

18 secure directly from a Federal agency such in19 formation as the Commission considers nec20 essary to carry out this section. 

21 (B) PROVISION OF INFORMATION.—On re22 quest of the Chairperson of the Commission, 

23 the head of the agency shall provide the infor24 mation to the Commission. 
24

•HR 2981 IH 

1 (3) ACCESS TO PERSONNEL.—The Commission 

2 shall have reasonable access to staff responsible for 

3 Indian trust management in—

4 (A) the Department of the Interior; 

5 (B) the Department of Treasury; and 

6 (C) the Department of Justice. 

7 (4) POSTAL SERVICES.—The Commission may 

8 use the United States mails in the same manner and 

9 under the same conditions as other agencies of the 

10 Federal Government. 

11 (5) GIFTS.—The Commission may accept, use, 

12 and dispose of gifts or donations of services or prop13 erty. 

14 (g) COMMISSION PERSONNEL MATTERS.—

15 (1) COMPENSATION OF MEMBERS.—

16 (A) NON-FEDERAL EMPLOYEES.—A mem17 ber of the Commission who is not an officer or 

18 employee of the Federal Government shall be 

19 compensated at a rate equal to the daily equiva20 lent of the annual rate of basic pay prescribed 

21 for level IV of the Executive Schedule under 

22 section 5315 of title 5, United States Code, for 

23 each day (including travel time) during which 

24 the member is engaged in the performance of 

25 the duties of the Commission. 
25

•HR 2981 IH 

1 (B) FEDERAL EMPLOYEES.—A member of 

2 the Commission who is an officer or employee 

3 of the Federal Government shall serve without 

4 compensation in addition to the compensation 

5 received for the services of the member as an 

6 officer or employee of the Federal Government. 

7 (2) TRAVEL EXPENSES.—A member of the 

8 Commission shall be allowed travel expenses, includ9 ing per diem in lieu of subsistence, at rates author10 ized for an employee of an agency under subchapter 

11 I of chapter 57 of title 5, United States Code, while 

12 away from the home or regular place of business of 

13 the member in the performance of the duties of the 

14 Commission. 

15 (3) STAFF.—

16 (A) IN GENERAL.—The Chairperson of the 

17 Commission may, without regard to the civil 

18 service laws (including regulations), appoint 

19 and terminate an executive director and such 

20 other additional personnel as are necessary to 

21 enable the Commission to perform the duties of 

22 the Commission. 

23 (B) CONFIRMATION OF EXECUTIVE DIREC24 TOR.—The employment of an executive director 
26

•HR 2981 IH 

1 shall be subject to confirmation by the Commis2 sion. 

3 (C) COMPENSATION.—

4 (i) IN GENERAL.—Except as provided 

5 in clause (ii), the Chairperson of the Com6 mission may fix the compensation of the 

7 executive director and other personnel 

8 without regard to the provisions of chapter 

9 51 and subchapter III of chapter 53 of 

10 title 5, United States Code, relating to 

11 classification of positions and General 

12 Schedule pay rates. 

13 (ii) MAXIMUM RATE OF PAY.—The 

14 rate of pay for the executive director and 

15 other personnel shall not exceed the rate 

16 payable for level V of the Executive Sched17 ule under section 5316 of title 5, United 

18 States Code. 

19 (h) EXEMPTION FROM FACA.—The Federal Advi20 sory Committee Act (5 U.S.C. App.) shall not apply to 

21 the Commission. 

22 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated such sums as are nec24 essary to carry out this section. 
27

•HR 2981 IH 

1 (j) TERMINATION OF COMMISSION.—The Commis2 sion and the authority of the Commission under this sec3 tion terminates on the date that is 3 years after the date 

4 on which the Commission holds the initial meeting of the 

5 Commission. 

6 SEC. 8. REGULATIONS. 

7 The Secretary of the Interior, in consultation with in8 terested Indian tribes, shall promulgate such regulations 

9 as are necessary to carry out this Act and amendments 

10 made by this Act. 

11 SEC. 9. EFFECT OF ACT. 

12 (a) COURT PROCEEDINGS.—Nothing in this Act lim13 its the findings, remedies, jurisdiction, authority, or dis14 cretion of the courts in the matter entitled Cobell v. Nor15 ton, Civ. No. 96–1285 (RCL). 

16 (b) USE OF FUNDS.—No funds appropriated for the 

17 purpose of an historical accounting of the individual In18 dian trust funds shall be used except as provided in an 

19 order of the court in Cobell v. Norton, Civ. No. 96–1285 

20 (RCL) entered after the date of enactment of this Act.

Æ