103D CONGRESS

2D SESSION H. R. 4833

AN ACT

To reform the management of Indian Trust Funds, 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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘American Indian Trust Fund Management Reform Act

6 of 1994’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

TITLE I—RECOGNITION OF TRUST RESPONSIBILITY

Sec. 101. Affirmative action required.

Sec. 102. Responsibility of Secretary to account for the daily and annual balances of Indian trust funds.

Sec. 103. Payment of interest on individual Indian money accounts.

Sec. 104. Authority for payment of claims for interest owed.

TITLE II—INDIAN TRUST FUND MANAGEMENT PROGRAM

Sec. 201. Purpose.

Sec. 202. Voluntary withdrawal from trust funds program.

Sec. 203. Judgment funds.

Sec. 204. Technical assistance.

Sec. 205. Grant program.

Sec. 206. Return of withdrawn funds.

Sec. 207. Savings provision.

Sec. 208. Report to Congress.

Sec. 209. Regulations.

TITLE III—SPECIAL TRUSTEE FOR AMERICAN INDIANS

Sec. 301. Purposes.

Sec. 302. Office of Special Trustee for American Indians.

Sec. 303. Authorities and functions of the special trustee.

Sec. 304. Reconciliation report.

Sec. 305. Staff and consultants.

Sec. 306. Advisory board.

TITLE IV—AUTHORIZATION OF APPROPRIATIONS

Sec. 401. Authorization of appropriations.

3 SEC. 2. DEFINITIONS.

4 For the purposes of this Act:

5 (1) The term ‘‘Special Trustee’’ means the Spe6 cial Trustee for American Indians appointed under

7 section 302.

8 (2) The term ‘‘Indian tribe’’ means any Indian

9 tribe, band, nation, or other organized group or com10 munity, including any Alaska Native village or re-
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1 gional or village corporation as defined in or estab2 lished pursuant to the Alaska Native Claims Settle3 ment Act (85 Stat. 688), which is recognized as eli4 gible for the special programs and services provided

5 by the United States to Indians because of their sta6 tus as Indians.

7 (3) The term ‘‘Secretary’’ means the Secretary

8 of the Interior.

9 (4) The term ‘‘Office’’ means the Office of Spe10 cial Trustee for American Indians established by

11 section 302.

12 (5) The term ‘‘Bureau’’ means the Bureau of

13 Indian Affairs within the Department of the Inte14 rior.

15 (6) The term ‘‘Department’’ means the Depart16 ment of the Interior.

17 TITLE I—RECOGNITION OF

18 TRUST RESPONSIBILITY

19 SEC. 101. AFFIRMATIVE ACTION REQUIRED.

20 The first section of the Act of June 24, 1938 (25

21 U.S.C. 162a), is amended by adding at the end the follow22 ing new subsection:

23 ‘‘(d) The Secretary’s proper discharge of the trust re24 sponsibilities of the United States shall include (but are

25 not limited to) the following:
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1 ‘‘(1) Providing adequate systems for accounting

2 for and reporting trust fund balances.

3 ‘‘(2) Providing adequate controls over receipts

4 and disbursements.

5 ‘‘(3) Providing periodic, timely reconciliations

6 to assure the accuracy of accounts.

7 ‘‘(4) Determining accurate cash balances.

8 ‘‘(5) Preparing and supplying account holders

9 with periodic statements of their account perform10 ance and with balances of their account which shall

11 be available on a daily basis.

12 ‘‘(6) Establishing consistent, written policies

13 and procedures for trust fund management and ac14 counting.

15 ‘‘(7) Providing adequate staffing, supervision,

16 and training for trust fund management and ac17 counting.

18 ‘‘(8) Appropriately managing the natural re19 sources located within the boundaries of Indian res20 ervations and trust lands.’’.

21 SEC. 102. RESPONSIBILITY OF SECRETARY TO ACCOUNT

22 FOR THE DAILY AND ANNUAL BALANCES OF

23 INDIAN TRUST FUNDS.

24 (a) REQUIREMENT TO ACCOUNT.—The Secretary

25 shall account for the daily and annual balance of all funds
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1 held in trust by the United States for the benefit of an

2 Indian tribe or an individual Indian which are deposited

3 or invested pursuant to the Act of June 24, 1938 (25

4 U.S.C. 162a).

5 (b) PERIODIC STATEMENT OF PERFORMANCE.—Not

6 later than 20 business days after the close of a calendar

7 quarter, the Secretary shall provide a statement of per8 formance to each Indian tribe and individual with respect

9 to whom funds are deposited or invested pursuant to the

10 Act of June 24, 1938 (25 U.S.C. 162a). The statement,

11 for the period concerned, shall identify—

12 (1) the source, type, and status of the funds;

13 (2) the beginning balance;

14 (3) the gains and losses;

15 (4) receipts and disbursements; and

16 (5) the ending balance.

17 (c) ANNUAL AUDIT.—The Secretary shall cause to be

18 conducted an annual audit on a fiscal year basis of all

19 funds held in trust by the United States for the benefit

20 of an Indian tribe or an individual Indian which are depos21 ited or invested pursuant to the Act of June 24, 1938 (25

22 U.S.C. 162a), and shall include a letter relating to the

23 audit in the first statement of performance provided under

24 subsection (b) after the completion of the audit.
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1 SEC. 103. PAYMENT OF INTEREST ON INDIVIDUAL INDIAN

2 MONEY ACCOUNTS.

3 (a) PAYMENT OF INTEREST.—The first section of the

4 Act of February 12, 1929 (25 U.S.C. 161a), is amended—

5 (1) by striking out ‘‘That all’’ and inserting in

6 lieu thereof ‘‘That (a) all’’; and

7 (2) by adding after subsection (a) (as des8 ignated by paragraph (1) of this subsection) the fol9 lowing:

10 ‘‘(b) All funds held in trust by the United States and

11 carried in principal accounts on the books of the United

12 States Treasury to the credit of individual Indians shall

13 be invested by the Secretary of the Treasury, at the re14 quest of the Secretary of the Interior, in public debt secu15 rities with maturities suitable to the needs of the fund in16 volved, as determined by the Secretary of the Interior, and

17 bearing interest at rates determined by the Secretary of

18 the Treasury, taking into consideration current market

19 yields on outstanding marketable obligations of the United

20 States of comparable securities.’’.

21 (b) WITHDRAWAL AUTHORITY.—The second sen22 tence of subsection (a) of the first section of the Act of

23 June 24, 1938 (25 U.S.C. 162a) is amended by inserting

24 ‘‘to withdraw from the United States Treasury and’’ after

25 ‘‘prescribe,’’.
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1 (c) TECHNICAL CORRECTION.—The second sub2 section (b) of the first section of the Act of June 24, 1938

3 (25 U.S.C. 162a), as added by section 302 of Public Law

4 101–644 (104 Stat. 4667), is hereby redesignated as sub5 section (c).

6 (d) EFFECTIVE DATE.—The amendment made by

7 subsection (a) shall apply to interest earned on amounts

8 deposited or invested on or after the date of the enactment

9 of this Act.

10 SEC. 104. AUTHORITY FOR PAYMENT OF CLAIMS FOR IN11 TEREST OWED.

12 The Secretary shall make payments to an individual

13 Indian in full satisfaction of any claim of such individual

14 for interest on amounts deposited or invested on behalf

15 of such individual before the date of enactment of this Act

16 retroactive to the date that the Secretary began investing

17 individual Indian monies on a regular basis, to the extent

18 that the claim is identified—

19 (1) by a reconciliation process of individual In20 dian money accounts, or

21 (2) by the individual and presented to the Sec22 retary with supporting documentation, and is veri23 fied by the Secretary pursuant to the Department’s

24 policy for addressing accountholder losses.
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1 TITLE II—INDIAN TRUST FUND

2 MANAGEMENT PROGRAM

3 SEC. 201. PURPOSE.

4 The purpose of this title is to allow tribes an oppor5 tunity to manage tribal funds currently held in trust by

6 the United States and managed by the Secretary through

7 the Bureau, that, consistent with the trust responsibility

8 of the United States and the principles of self-determina9 tion, will—

10 (1) give Indian tribal governments greater con11 trol over the management of such trust funds; or

12 (2) otherwise demonstrate how the principles of

13 self-determination can work with respect to the man14 agement of such trust funds, in a manner consistent

15 with the trust responsibility of the United States.

16 SEC. 202. VOLUNTARY WITHDRAWAL FROM TRUST FUNDS

17 PROGRAM.

18 (a) IN GENERAL.—An Indian tribe may, in accord19 ance with this section, submit a plan to withdraw some

20 or all funds held in trust for such tribe by the United

21 States and managed by the Secretary through the Bureau.

22 (b) APPROVAL OF PLAN.—The Secretary shall ap23 prove such plan within 90 days of receipt and when ap24 proving the plan, the Secretary shall obtain the advice of

25 the Special Trustee or prior to the appointment of such
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1 Special Trustee, the Director of the Office of Trust Fund

2 Management within the Bureau. Such plan shall meet the

3 following conditions:

4 (1) Such plan has been approved by the appro5 priate Indian tribe and is accompanied by a resolu6 tion from the tribal governing body approving the

7 plan.

8 (2) The Secretary determines such plan to be

9 reasonable after considering all appropriate factors,

10 including (but not limited to) the following:

11 (A) The capability and experience of the

12 individuals or institutions that will be managing

13 the trust funds.

14 (B) The protection against substantial loss

15 of principal.

16 (c) DISSOLUTION OF TRUST RESPONSIBILITY.—Be17 ginning on the date funds are withdrawn pursuant to this

18 section, any trust responsibility or liability of the United

19 States with respect to such funds shall cease except as

20 provided for in section 207 of this title.

21 SEC. 203. JUDGMENT FUNDS.

22 (a) IN GENERAL.—The Secretary is authorized to ap23 prove plans under section 202 of this title for the with24 drawal of judgment funds held by the Secretary.
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1 (b) LIMITATION.—Only such funds held by the Sec2 retary under the terms of the Indian Judgment Funds Use

3 or Distribution Act (25 U.S.C. 1401) or an Act of Con4 gress which provides for the secretarial management of

5 such judgment funds shall be included in such plans.

6 (c) SECRETARIAL DUTIES.—In approving such plans,

7 the Secretary shall ensure—

8 (1) that the purpose and use of the judgment

9 funds identified in the previously approved judgment

10 fund plan will continue to be followed by the Indian

11 tribe in the management of the judgment funds; and

12 (2) that only funds held for Indian tribes may

13 be withdrawn and that any funds held for individual

14 tribal members are not to be included in the plan.

15 SEC. 204. TECHNICAL ASSISTANCE.

16 The Secretary shall—

17 (1) directly or by contract, provide Indian tribes

18 with technical assistance in developing, implement19 ing, and managing Indian trust fund investment

20 plans; and

21 (2) among other things, ensure that legal, fi22 nancial, and other expertise of the Department of

23 the Interior has been made fully available in an advi24 sory capacity to the Indian tribes to assist in the de-
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1 velopment, implementation, and management of in2 vestment plans.

3 SEC. 205. GRANT PROGRAM.

4 (a) GENERAL AUTHORITY.—The Secretary is author5 ized to award grants to Indian tribes for the purpose of

6 developing and implementing plans for the investment of

7 Indian tribal trust funds.

8 (b) USE OF FUNDS.—The purposes for which funds

9 provided under this section may be used include (but are

10 not limited to)—

11 (1) the training and education of employees re12 sponsible for monitoring the investment of trust

13 funds;

14 (2) the building of tribal capacity for the invest15 ment and management of trust funds;

16 (3) the development of a comprehensive tribal

17 investment plan;

18 (4) the implementation and management of

19 tribal trust fund investment plans; and

20 (5) such other purposes related to this title that

21 the Secretary deems appropriate.

22 SEC. 206. RETURN OF WITHDRAWN FUNDS.

23 Subject to such conditions as the Secretary may pre24 scribe, any Indian tribe which has withdrawn trust funds

25 may choose to return any or all of the trust funds such
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1 tribe has withdrawn by notifying the Secretary in writing

2 of its intention to return the funds to the control and man3 agement of the Secretary.

4 SEC. 207. SAVINGS PROVISION.

5 By submitting or approving a plan under this title,

6 neither the tribe nor the Secretary shall be deemed to have

7 accepted the account balance as accurate or to have

8 waived any rights regarding such balance and to seek com9 pensation.

10 SEC. 208. REPORT TO CONGRESS.

11 The Secretary shall, beginning one year after the date

12 of the enactment of this Act, submit an annual report to

13 the Committee on Natural Resources of the House of Rep14 resentatives and the Committee on Indian Affairs of the

15 Senate on the implementation of programs under this title.

16 Such report shall include recommendations (if any) for

17 changes necessary to better implement the purpose of this

18 title.

19 SEC. 209. REGULATIONS.

20 (a) IN GENERAL.—Not later than 12 months after

21 the date of enactment of this title, the Secretary shall pro22 mulgate final regulations for the implementation of this

23 title. All regulations promulgated pursuant to this title

24 shall be developed by the Secretary with the full and active
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1 participation of the Indian tribes with trust funds held by

2 the Secretary and other affected Indian tribes.

3 (b) EFFECT.—The lack of promulgated regulations

4 shall not limit the effect of this title.

5 TITLE III—SPECIAL TRUSTEE

6 FOR AMERICAN INDIANS

7 SEC. 301. PURPOSES.

8 The purposes of this title are—

9 (1) to provide for more effective management

10 of, and accountability for the proper discharge of,

11 the Secretary’s trust responsibilities to Indian tribes

12 and individual Indians by establishing in the Depart13 ment of the Interior an Office of Special Trustee for

14 American Indians to oversee and coordinate reforms

15 within the Department of practices relating to the

16 management and discharge of such responsibilities;

17 (2) to ensure that reform of such practices in

18 the Department is carried out in a unified manner

19 and that reforms of the policies, practices, proce20 dures and systems of the Bureau, Minerals Manage21 ment Service, and Bureau of Land Management,

22 which carry out such trust responsibilities, are effec23 tive, consistent, and integrated; and

24 (3) to ensure the implementation of all reforms

25 necessary for the proper discharge of the Secretary’s
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1 trust responsibilities to Indian tribes and individual

2 Indians.

3 SEC. 302. OFFICE OF SPECIAL TRUSTEE FOR AMERICAN IN4 DIANS.

5 (a) ESTABLISHMENT.—There is hereby established

6 within the Department of the Interior the Office of Special

7 Trustee for American Indians. The Office shall be headed

8 by the Special Trustee who shall report directly to the Sec9 retary.

10 (b) SPECIAL TRUSTEE.—

11 (1) APPOINTMENT.—The Special Trustee shall

12 be appointed by the President, by and with the ad13 vice and consent of the Senate, from among individ14 uals who possess demonstrated ability in general

15 management of large governmental or business enti16 ties and particular knowledge of trust fund manage17 ment, management of financial institutions, and the

18 investment of large sums of money.

19 (2) COMPENSATION.—The Special Trustee shall

20 be paid at a rate determined by the Secretary to be

21 appropriate for the position, but not less than the

22 rate of basic pay payable at Level II of the Execu23 tive Schedule under section 5313 of title 5, United

24 States Code.

25 (c) TERMINATION OF OFFICE.—
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1 (1) CONDITIONED UPON IMPLEMENTATION OF

2 REFORMS.—The Special Trustee, in proposing a ter3 mination date under section 303(a)(2)(C), shall en4 sure continuation of the Office until all reforms

5 identified in the strategic plan have been imple6 mented to the satisfaction of the Special Trustee.

7 (2) 30-DAY NOTICE.—Thirty days prior to the

8 termination date proposed in the plan submitted

9 under this section, the Special Trustee shall notify

10 the Secretary and the Congress in writing of the

11 progress in implementing the reforms identified in

12 the plan. The Special Trustee, at that time, may

13 recommend the continuation, or the permanent es14 tablishment, of the Office if the Special Trustee con15 cludes that continuation or permanent establishment

16 is necessary for the efficient discharge of the Sec17 retary’s trust responsibilities.

18 (3) TERMINATION DATE.—The Office shall ter19 minate 180 legislative days after the date on which

20 the notice to the Congress under paragraph (2) is

21 provided, unless the Congress extends the authorities

22 of the Special Trustee. For the purposes of this ses23 sion, a legislative day is a day on which either House

24 of the Congress is in session.
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1 SEC. 303. AUTHORITIES AND FUNCTIONS OF THE SPECIAL

2 TRUSTEE.

3 (a) COMPREHENSIVE STRATEGIC PLAN.—

4 (1) IN GENERAL.—The Special Trustee shall

5 prepare and, after consultation with Indian tribes

6 and appropriate Indian organizations, submit to the

7 Secretary and the Committee on Natural Resources

8 of the House of Representatives and the Committee

9 on Indian Affairs of the Senate, within one year

10 after the initial appointment is made under section

11 302(b), a comprehensive strategic plan for all phases

12 of the trust management business cycle that will en13 sure proper and efficient discharge of the Sec14 retary’s trust responsibilities to Indian tribes and in15 dividual Indians in compliance with this Act.

16 (2) PLAN REQUIREMENTS.—The plan prepared

17 under paragraph (1) shall include the following:

18 (A) Identification of all reforms to the poli19 cies, procedures, practices and systems of the

20 Department, the Bureau, the Bureau of Land

21 Management, and the Minerals Management

22 Service necessary to ensure the proper and effi23 cient discharge of the Secretary’s trust respon24 sibilities in compliance with this Act.

25 (B) Provisions for opportunities for Indian

26 tribes to assist in the management of their
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1 trust accounts and to identify for the Secretary

2 options for the investment of their trust ac3 counts, in a manner consistent with the trust

4 responsibilities of the Secretary, in ways that

5 will help promote economic development in their

6 communities.

7 (C) A timetable for implementing the re8 forms identified in the plan, including a date

9 for the proposed termination of the Office.

10 (b) DUTIES.—

11 (1) GENERAL OVERSIGHT OF REFORM EF12 FORTS.—The Special Trustee shall oversee all re13 form efforts within the Bureau, the Bureau of Land

14 Management, and the Minerals Management Service

15 relating to the trust responsibilities of the Secretary

16 to ensure the establishment of policies, procedures,

17 systems and practices to allow the Secretary to dis18 charge his trust responsibilities in compliance with

19 this Act.

20 (2) BUREAU OF INDIAN AFFAIRS.—

21 (A) MONITOR RECONCILIATION OF TRUST

22 ACCOUNTS.—The Special Trustee shall monitor

23 the reconciliation of tribal and Individual In24 dian Money trust accounts to ensure that the

25 Bureau provides the account holders, with a
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1 fair and accurate accounting of all trust ac2 counts.

3 (B) INVESTMENTS.—The Special Trustee

4 shall ensure that the Bureau establishes appro5 priate policies and procedures, and develops

6 necessary systems, that will allow it—

7 (i) properly to account for and invest,

8 as well as maximize, in a manner consist9 ent with the statutory restrictions imposed

10 on the Secretary’s investment options, the

11 return on the investment of all trust fund

12 monies, and

13 (ii) to prepare accurate and timely re14 ports to account holders (and others, as re15 quired) on a periodic basis regarding all

16 collections, disbursements, investments,

17 and return on investments related to their

18 accounts.

19 (C) OWNERSHIP AND LEASE DATA.—The

20 Special Trustee shall ensure that the Bureau

21 establishes policies and practices to maintain

22 complete, accurate, and timely data regarding

23 the ownership and lease of Indian lands.

24 (3) BUREAU OF LAND MANAGEMENT.—The

25 Special Trustee shall ensure that the Bureau of
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1 Land Management establishes policies and practices

2 adequate to enforce compliance with Federal re3 quirements for drilling, production, accountability,

4 environmental protection, and safety with respect to

5 the lease of Indian lands.

6 (4) MINERALS MANAGEMENT SERVICE.—The

7 Special Trustee shall ensure that the Minerals Man8 agement Service establishes policies and practices to

9 enforce compliance by lessees of Indian lands with

10 all requirements for timely and accurate reporting of

11 production and payment of lease royalties and other

12 revenues, including the audit of leases to ensure that

13 lessees are accurately reporting production levels and

14 calculating royalty payments.

15 (c) COORDINATION OF POLICIES.—

16 (1) IN GENERAL.—The Special Trustee shall

17 ensure that—

18 (A) the policies, procedures, practices, and

19 systems of the Bureau, the Bureau of Land

20 Management, and the Minerals Management

21 Service related to the discharge of the Sec22 retary’s trust responsibilities are coordinated,

23 consistent, and integrated, and

24 (B) the Department prepares comprehen25 sive and coordinated written policies and proce-
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1 dures for each phase of the trust management

2 business cycle.

3 (2) STANDARDIZED PROCEDURES.—The Special

4 Trustee shall ensure that the Bureau imposes stand5 ardized trust fund accounting procedures throughout

6 the Bureau.

7 (3) INTEGRATION OF LEDGER WITH INVEST8 MENT SYSTEM.—The Special Trustee shall ensure

9 that the trust fund investment, general ledger, and

10 subsidiary accounting systems of the Bureau are in11 tegrated and that they are adequate to support the

12 trust fund investment needs of the Bureau.

13 (4) INTEGRATION OF LAND RECORDS, TRUST

14 FUNDS ACCOUNTING, AND ASSET MANAGEMENT SYS15 TEMS AMONG AGENCIES.—The Special Trustee shall

16 ensure that—

17 (A) the land records system of the Bureau

18 interfaces with the trust fund accounting sys19 tem, and

20 (B) the asset management systems of the

21 Minerals Management Service and the Bureau

22 of Land Management interface with the appro23 priate asset management and accounting sys24 tems of the Bureau, including ensuring that—
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1 (i) the Minerals Management Service

2 establishes policies and procedures that

3 will allow it to properly collect, account for,

4 and disburse to the Bureau all royalties

5 and other revenues generated by produc6 tion from leases on Indian lands; and

7 (ii) the Bureau of Land Management

8 and the Bureau provide Indian landholders

9 with accurate and timely reports on a peri10 odic basis that cover all transactions relat11 ed to leases of Indian resources.

12 (5) TRUST MANAGEMENT PROGRAM BUDGET.—

13 (A) DEVELOPMENT AND SUBMISSION.—

14 The Special Trustee shall develop for each fiscal

15 year, with the advice of program managers of

16 each office within the Bureau of Indian Affairs,

17 Bureau of Land Management and Minerals

18 Management Service that participates in trust

19 management, including the management of

20 trust funds or natural resources, or which is

21 charged with any responsibility under the com22 prehensive strategic plan prepared under sub23 section (a) of this section, a consolidated Trust

24 Management program budget proposal that

25 would enable the Secretary to efficiently and ef-
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1 fectively discharge his trust responsibilities and

2 to implement the comprehensive strategic plan,

3 and shall submit such budget proposal to the

4 Secretary, the Director of the Office of Manage5 ment and Budget, and to the Congress.

6 (B) DUTY OF CERTAIN PROGRAM MAN7 AGERS.—Each program manager participating

8 in trust management or charged with respon9 sibilities under the comprehensive strategic

10 plans shall transmit his office’s budget request

11 to the Special Trustee at the same time as such

12 request is submitted to his superiors (and be13 fore submission to the Office of Management

14 and Budget) in the preparation of the budget of

15 the President submitted to the Congress under

16 section 1105(a) of title 31, United States Code.

17 (C) CERTIFICATION OF ADEQUACY OF

18 BUDGET REQUEST.—The Special Trustee

19 shall—

20 (i) review each budget request submit21 ted under subparagraph (B);

22 (ii) certify in writing as to the ade23 quacy of such request to discharge, effec24 tively and efficiently, the Secretary’s trust
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1 responsibilities and to implement the com2 prehensive strategic plan; and

3 (iii) notify the program manager of

4 the Special Trustee’s certification under

5 clause (ii).

6 (D) MAINTENANCE OF RECORDS.—The

7 Special Trustee shall maintain records of cer8 tifications made under paragraph (3)(B).

9 (E) LIMITATION ON REPROGRAMMING OR

10 TRANSFER.—No program manager shall sub11 mit, and no official of the Department of the

12 Interior may approve or otherwise authorize, a

13 reprogramming or transfer request with respect

14 to any funds appropriated for trust manage15 ment which is included in the Trust Manage16 ment Program Budget unless such request has

17 been approved by the Special Trustee.

18 (d) PROBLEM RESOLUTION.—The Special Trustee

19 shall provide such guidance as necessary to assist Depart20 ment personnel in identifying problems and options for re21 solving problems, and in implementing reforms to Depart22 ment, Bureau, Bureau of Land Management, and Min23 erals Management Service policies, procedures, systems

24 and practices.
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1 (e) SPECIAL TRUSTEE ACCESS.—The Special Trust2 ee, and his staff, shall have access to all records, reports,

3 audits, reviews, documents, papers, recommendations, files

4 and other material, as well as to any officer and employee,

5 of the Department and any office or bureau thereof, as

6 the Special Trustee deems necessary for the accomplish7 ment of his duties under this Act.

8 (f) ANNUAL REPORT.—The Special Trustee shall re9 port to the Secretary and the Committee on Natural Re10 sources of the House of Representatives and the Commit11 tee on Indian Affairs of the Senate each year on the

12 progress of the Department, the Bureau, the Bureau of

13 Land Management, and the Minerals Management Service

14 in implementing the reforms identified in the comprehen15 sive strategic plan under subsection (a)(1) and in meeting

16 the timetable established in the strategic plan under sub17 section (a)(2)(C).

18 SEC. 304. RECONCILIATION REPORT.

19 The Secretary shall transmit to the Committee on

20 Natural Resources of the House of Representatives and

21 the Committee on Indian Affairs of the Senate, by May

22 31, 1996, a report identifying for each tribal trust fund

23 account for which the Secretary is responsible a balance

24 reconciled as of September 30, 1995. In carrying out this
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1 section, the Secretary shall consult with the Special Trust2 ee. The report shall include—

3 (1) a description of the Secretary’s methodology

4 in reconciling trust fund accounts;

5 (2) attestations by each account holder that—

6 (A) the Secretary has provided the account

7 holder with as full and complete accounting as

8 possible of the account holder’s funds to the

9 earliest possible date, and that the account

10 holder accepts the balance as reconciled by the

11 Secretary; or

12 (B) the account holder disputes the bal13 ance of the account holder’s account as rec14 onciled by the Secretary and statement explain15 ing why the account holder disputes the Sec16 retary’s reconciled balance; and

17 (3) a statement by the Secretary with regard to

18 each account balance disputed by the account holder

19 outlining efforts the Secretary will undertake to re20 solve the dispute.

21 SEC. 305. STAFF AND CONSULTANTS.

22 (a) STAFF.—The Special Trustee may employ such

23 staff as the Special Trustee deems necessary. The Special

24 Trustee may request staff assistance from within the De-
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1 partment and any office or Bureau thereof as the Special

2 Trustee deems necessary.

3 (b) CONTRACTS.—To the extent and in such amounts

4 as may be provided in advance by appropriations Acts, the

5 Special Trustee may enter into contracts and other ar6 rangements with public agencies and with private persons

7 and organizations for consulting services and make such

8 payments as necessary to carry out the provisions of this

9 title.

10 SEC. 306. ADVISORY BOARD.

11 (a) ESTABLISHMENT AND MEMBERSHIP.—Notwith12 standing any other provision of law, the Special Trustee

13 shall establish an advisory board to provide advice on all

14 matters within the jurisdiction of the Special Trustee. The

15 advisory board shall consist of nine members, appointed

16 by the Special Trustee after consultation with Indian

17 tribes and appropriate Indian organizations, of which—

18 (1) five members shall represent trust fund ac19 count holders, including both tribal and Individual

20 Indian Money accounts;

21 (2) two members shall have practical experience

22 in trust fund and financial management;

23 (3) one member shall have practical experience

24 in fiduciary investment management; and
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1 (4) one member, from academia, shall have

2 knowledge of general management of large organiza3 tions.

4 (b) TERM.—Each member shall serve a term of two

5 years.

6 (c) FACA.—The advisory board shall not be subject

7 to the Federal Advisory Committee Act.

8 (d) TERMINATION.—The Advisory Board shall termi9 nate upon termination of the Office of Special Trustee.

10 TITLE IV—AUTHORIZATION OF

11 APPROPRIATIONS

12 SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

13 There is authorized to be appropriated such sums as

14 may be necessary to carry out the provisions of this Act.

Passed the House of Representatives October 3,

1994.

Attest:

Clerk.
103D CONGRESS

2D SESSION H. R. 4833

AN ACT

To reform the management of Indian Trust Funds,

and for other purposes.