H. R. 4833

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To reform the management of Indian Trust Funds, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Indian Trust Fund Management Reform Act of 1994’’. (b) TABLE OF CONTENTS.—The table of contents for 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 Return of withdrawn funds.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.

SEC. 2. DEFINITIONS.

For the purposes of this Act:

(1) The term ‘‘Special Trustee’’ means the Special Trustee

for American Indians appointed under section 302.

(2) The term ‘‘Indian tribe’’ means any Indian tribe, band,

nation, or other organized group or community, including any

Alaska Native village or regional or village corporation as

defined in or established pursuant to the Alaska Native Claims
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Settlement Act (85 Stat. 688), which is recognized as eligible

for the special programs and services provided by the United

States to Indians because of their status as Indians.

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

Interior.

(4) The term ‘‘Office’’ means the Office of Special Trustee

for American Indians established by section 302. (5) The term ‘‘Bureau’’ means the Bureau of Indian Affairs

within the Department of the Interior. (6) The term ‘‘Department’’ means the Department of the

Interior.

TITLE I—RECOGNITION OF TRUST

RESPONSIBILITY

SEC. 101. AFFIRMATIVE ACTION REQUIRED.

The first section of the Act of June 24, 1938 (25 U.S.C. 162a),

is amended by adding at the end the following new subsection: ‘‘(d) The Secretary’s proper discharge of the trust responsibil- ities of the United States shall include (but are not limited to)

the following:

‘‘(1) Providing adequate systems for accounting for and

reporting trust fund balances.

‘‘(2) Providing adequate controls over receipts and disbursements.

‘‘(3) Providing periodic, timely reconciliations to assure the

accuracy of accounts.

‘‘(4) Determining accurate cash balances.

‘‘(5) Preparing and supplying account holders with periodic

statements of their account performance and with balances

of their account which shall be available on a daily basis.

‘‘(6) Establishing consistent, written policies and procedures

for trust fund management and accounting. ‘‘(7) Providing adequate staffing, supervision, and training

for trust fund management and accounting. ‘‘(8) Appropriately managing the natural resources located

within the boundaries of Indian reservations and trust lands.’’.

SEC. 102. RESPONSIBILITY OF SECRETARY TO ACCOUNT FOR THE

DAILY AND ANNUAL BALANCES OF INDIAN TRUST FUNDS.

(a) REQUIREMENT TO ACCOUNT.—The Secretary shall account

for the daily and annual balance of all funds held in trust by

the United States for the benefit of an Indian tribe or an individual

Indian which are deposited or invested pursuant to the Act of

June 24, 1938 (25 U.S.C. 162a).

(b) PERIODIC STATEMENT OF PERFORMANCE.—Not later than

20 business days after the close of a calendar quarter, the Secretary

shall provide a statement of performance to each Indian tribe and

individual with respect to whom funds are deposited or invested

pursuant to the Act of June 24, 1938 (25 U.S.C. 162a). The statement, for the period concerned, shall identify— (1) the source, type, and status of the funds;

(2) the beginning balance;

(3) the gains and losses;

(4) receipts and disbursements; and

(5) the ending balance.
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(c) ANNUAL AUDIT.—The Secretary shall cause to be conducted

an annual audit on a fiscal year basis of all funds held in trust

by the United States for the benefit of an Indian tribe or an

individual Indian which are deposited or invested pursuant to the

Act of June 24, 1938 (25 U.S.C. 162a), and shall include a letter

relating to the audit in the first statement of performance provided

under subsection (b) after the completion of the audit.

SEC. 103. PAYMENT OF INTEREST ON INDIVIDUAL INDIAN MONEY

ACCOUNTS.

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

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

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

‘‘That (a) all’’; and

(2) by adding after subsection (a) (as designated by paragraph (1) of this subsection) the following:

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

in principal accounts on the books of the United States Treasury

to the credit of individual Indians shall be invested by the Secretary

of the Treasury, at the request of the Secretary of the Interior,

in public debt securities with maturities suitable to the needs

of the fund involved, as determined by the Secretary of the Interior,

and bearing interest at rates determined by the Secretary of the

Treasury, taking into consideration current market yields on

outstanding marketable obligations of the United States of comparable securities.’’.

(b) WITHDRAWAL AUTHORITY.—The second sentence of subsection (a) of the first section of the Act of June 24, 1938 (25

U.S.C. 162a), is amended by inserting ‘‘to withdraw from the United

States Treasury and’’ after ‘‘prescribe,’’.

(c) TECHNICAL CORRECTION.—The second subsection (b) of the

first section of the Act of June 24, 1938 (25 U.S.C. 162a), as

added by section 302 of Public Law 101–644 (104 Stat. 4667),

is hereby redesignated as subsection (c).

(d) EFFECTIVE DATE.—The amendment made by subsection (a)

shall apply to interest earned on amounts deposited or invested

on or after the date of the enactment of this Act.

SEC. 104. AUTHORITY FOR PAYMENT OF CLAIMS FOR INTEREST

OWED.

The Secretary shall make payments to an individual Indian

in full satisfaction of any claim of such individual for interest

on amounts deposited or invested on behalf of such individual

before the date of enactment of this Act retroactive to the date

that the Secretary began investing individual Indian monies on

a regular basis, to the extent that the claim is identified—

(1) by a reconciliation process of individual Indian money

accounts, or

(2) by the individual and presented to the Secretary with

supporting documentation, and is verified by the Secretary

pursuant to the Department’s policy for addressing

accountholder losses.
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TITLE II—INDIAN TRUST FUND

MANAGEMENT PROGRAM

SEC. 201. PURPOSE.

The purpose of this title is to allow tribes an opportunity

to manage tribal funds currently held in trust by the United States

and managed by the Secretary through the Bureau, that, consistent

with the trust responsibility of the United States and the principles

of self-determination, will—

(1) give Indian tribal governments greater control over

the management of such trust funds; or

(2) otherwise demonstrate how the principles of self-determination can work with respect to the management of such

trust funds, in a manner consistent with the trust responsibility

of the United States.

SEC. 202. VOLUNTARY WITHDRAWAL FROM TRUST FUNDS PROGRAM.

(a) IN GENERAL.—An Indian tribe may, in accordance with

this section, submit a plan to withdraw some or all funds held

in trust for such tribe by the United States and managed by

the Secretary through the Bureau.

(b) APPROVAL OF PLAN.—The Secretary shall approve such plan

within 90 days of receipt and when approving the plan, the Secretary shall obtain the advice of the Special Trustee or prior to

the appointment of such Special Trustee, the Director of the Office

of Trust Fund Management within the Bureau. Such plan shall

meet the following conditions:

(1) Such plan has been approved by the appropriate Indian

tribe and is accompanied by a resolution from the tribal governing body approving the plan.

(2) The Secretary determines such plan to be reasonable

after considering all appropriate factors, including (but not

limited to) the following:

(A) The capability and experience of the individuals

or institutions that will be managing the trust funds.

(B) The protection against substantial loss of principal.

(c) DISSOLUTION OF TRUST RESPONSIBILITY.—Beginning on the

date funds are withdrawn pursuant to this section, any trust responsibility or liability of the United States with respect to such funds

shall cease except as provided for in section 207 of this title.

SEC. 203. JUDGMENT FUNDS.

(a) IN GENERAL.—The Secretary is authorized to approve plans

under section 202 of this title for the withdrawal of judgment

funds held by the Secretary. (b) LIMITATION.—Only such funds held by the Secretary under

the terms of the Indian Judgment Funds Use or Distribution Act

(25 U.S.C. 1401) or an Act of Congress which provides for the

secretarial management of such judgment funds shall be included

in such plans.

(c) SECRETARIAL DUTIES.—In approving such plans, the Secretary shall ensure—

(1) that the purpose and use of the judgment funds identified in the previously approved judgment fund plan will continue to be followed by the Indian tribe in the management

of the judgment funds; and
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(2) that only funds held for Indian tribes may be withdrawn and that any funds held for individual tribal members are

not to be included in the plan.

SEC. 204. TECHNICAL ASSISTANCE.

The Secretary shall— (1) directly or by contract, provide Indian tribes with tech- nical assistance in developing, implementing, and managing

Indian trust fund investment plans; and (2) among other things, ensure that legal, financial, and other expertise of the Department of the Interior has been

made fully available in an advisory capacity to the Indian

tribes to assist in the development, implementation, and

management of investment plans.

SEC. 205. GRANT PROGRAM.

(a) GENERAL AUTHORITY.—The Secretary is authorized to award grants to Indian tribes for the purpose of developing and implementing plans for the investment of Indian tribal trust funds. (b) USE OF FUNDS.—The purposes for which funds provided under this section may be used include (but are not limited to)— (1) the training and education of employees responsible for monitoring the investment of trust funds; (2) the building of tribal capacity for the investment and management of trust funds; (3) the development of a comprehensive tribal investment

plan;(4) the implementation and management of tribal trust fund investment plans; and (5) such other purposes related to this title that the Secretary deems appropriate.

SEC. 206. RETURN OF WITHDRAWN FUNDS.

Subject to such conditions as the Secretary may prescribe, any Indian tribe which has withdrawn trust funds may choose

to return any or all of the trust funds such tribe has withdrawn

by notifying the Secretary in writing of its intention to return

the funds to the control and management of the Secretary.

SEC. 207. SAVINGS PROVISION.

By submitting or approving a plan under this title, neither

the tribe nor the Secretary shall be deemed to have accepted the

account balance as accurate or to have waived any rights regarding

such balance and to seek compensation.

SEC. 208. REPORT TO CONGRESS.

The Secretary shall, beginning one year after the date of the

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

on Natural Resources of the House of Representatives and the

Committee on Indian Affairs of the Senate on the implementation

of programs under this title. Such report shall include recommendations (if any) for changes necessary to better implement the purpose

of this title.

SEC. 209. REGULATIONS.

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

of enactment of this title, the Secretary shall promulgate final

regulations for the implementation of this title. All regulations

promulgated pursuant to this title shall be developed by the Sec-
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retary with the full and active participation of the Indian tribes

with trust funds held by the Secretary and other affected Indian

tribes.

(b) EFFECT.—The lack of promulgated regulations shall not limit the effect of this title.

TITLE III—SPECIAL TRUSTEE FOR

AMERICAN INDIANS

SEC. 301. PURPOSES.

The purposes of this title are— (1) to provide for more effective management of, and accountability for the proper discharge of, the Secretary’s trust

responsibilities to Indian tribes and individual Indians by

establishing in the Department of the Interior an Office of

Special Trustee for American Indians to oversee and coordinate

reforms within the Department of practices relating to the

management and discharge of such responsibilities; (2) to ensure that reform of such practices in the Department is carried out in a unified manner and that reforms

of the policies, practices, procedures and systems of the Bureau,

Minerals Management Service, and Bureau of Land Management, which carry out such trust responsibilities, are effective,

consistent, and integrated; and

(3) to ensure the implementation of all reforms necessary

for the proper discharge of the Secretary’s trust responsibilities

to Indian tribes and individual Indians.

SEC. 302. OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS.

(a) ESTABLISHMENT.—There is hereby established within the

Department of the Interior the Office of Special Trustee for American Indians. The Office shall be headed by the Special Trustee

who shall report directly to the Secretary.

(b) SPECIAL TRUSTEE.—

(1) APPOINTMENT.—The Special Trustee shall be appointed

by the President, by and with the advice and consent of the

Senate, from among individuals who possess demonstrated ability in general management of large governmental or business

entities and particular knowledge of trust fund management,

management of financial institutions, and the investment of

large sums of money.

(2) COMPENSATION.—The Special Trustee shall be paid at

a rate determined by the Secretary to be appropriate for the

position, but not less than the rate of basic pay payable at

Level II of the Executive Schedule under section 5313 of title

5, United States Code.

(c) TERMINATION OF OFFICE.— (1) CONDITIONED UPON IMPLEMENTATION OF REFORMS.— The Special Trustee, in proposing a termination date under

section 303(a)(2)(C), shall ensure continuation of the Office

until all reforms identified in the strategic plan have been

implemented to the satisfaction of the Special Trustee.

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

date proposed in the plan submitted under this section, the

Special Trustee shall notify the Secretary and the Congress

in writing of the progress in implementing the reforms identi-
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fied in the plan. The Special Trustee, at that time, may recommend the continuation, or the permanent establishment,

of the Office if the Special Trustee concludes that continuation

or permanent establishment is necessary for the efficient discharge of the Secretary’s trust responsibilities.

(3) TERMINATION DATE.—The Office shall terminate 180

legislative days after the date on which the notice to the Congress under paragraph (2) is provided, unless the Congress

extends the authorities of the Special Trustee. For the purposes

of this section, a legislative day is a day on which either

House of the Congress is in session.

SEC. 303. AUTHORITIES AND FUNCTIONS OF THE SPECIAL TRUSTEE.

(a) COMPREHENSIVE STRATEGIC PLAN.—

(1) IN GENERAL.—The Special Trustee shall prepare and,

after consultation with Indian tribes and appropriate Indian

organizations, submit to the Secretary and the Committee on

Natural Resources of the House of Representatives and the

Committee on Indian Affairs of the Senate, within one year

after the initial appointment is made under section 302(b),

a comprehensive strategic plan for all phases of the trust

management business cycle that will ensure proper and efficient

discharge of the Secretary’s trust responsibilities to Indian

tribes and individual Indians in compliance with this Act.

(2) PLAN REQUIREMENTS.—The plan prepared under paragraph (1) shall include the following:

(A) Identification of all reforms to the policies, procedures, practices and systems of the Department, the

Bureau, the Bureau of Land Management, and the Minerals Management Service necessary to ensure the proper

and efficient discharge of the Secretary’s trust responsibilities in compliance with this Act.

(B) Provisions for opportunities for Indian tribes to

assist in the management of their trust accounts and to

identify for the Secretary options for the investment of

their trust accounts, in a manner consistent with the trust

responsibilities of the Secretary, in ways that will help

promote economic development in their communities.

(C) A timetable for implementing the reforms identified

in the plan, including a date for the proposed termination

of the Office.

(b) DUTIES.— (1) GENERAL OVERSIGHT OF REFORM EFFORTS.—The Special

Trustee shall oversee all reform efforts within the Bureau,

the Bureau of Land Management, and the Minerals Management Service relating to the trust responsibilities of the Secretary to ensure the establishment of policies, procedures, systems and practices to allow the Secretary to discharge his

trust responsibilities in compliance with this Act.

(2) BUREAU OF INDIAN AFFAIRS.—

(A) MONITOR RECONCILIATION OF TRUST ACCOUNTS.—

The Special Trustee shall monitor the reconciliation of

tribal and Individual Indian Money trust accounts to

ensure that the Bureau provides the account holders, with

a fair and accurate accounting of all trust accounts.

(B) INVESTMENTS.—The Special Trustee shall ensure

that the Bureau establishes appropriate policies and proce-
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dures, and develops necessary systems, that will allow

it—

(i) properly to account for and invest, as well as

maximize, in a manner consistent with the statutory

restrictions imposed on the Secretary’s investment

options, the return on the investment of all trust fund

monies, and

(ii) to prepare accurate and timely reports to

account holders (and others, as required) on a periodic

basis regarding all collections, disbursements, investments, and return on investments related to their

accounts.

(C) OWNERSHIP AND LEASE DATA.—The Special Trustee

shall ensure that the Bureau establishes policies and practices to maintain complete, accurate, and timely data

regarding the ownership and lease of Indian lands.

(3) BUREAU OF LAND MANAGEMENT.—The Special Trustee

shall ensure that the Bureau of Land Management establishes

policies and practices adequate to enforce compliance with Federal requirements for drilling, production, accountability,

environmental protection, and safety with respect to the lease

of Indian lands.

(4) MINERALS MANAGEMENT SERVICE.—The Special Trustee

shall ensure that the Minerals Management Service establishes

policies and practices to enforce compliance by lessees of Indian

lands with all requirements for timely and accurate reporting

of production and payment of lease royalties and other revenues, including the audit of leases to ensure that lessees are

accurately reporting production levels and calculating royalty

payments.

(c) COORDINATION OF POLICIES.—

(1) IN GENERAL.—The Special Trustee shall ensure that—

(A) the policies, procedures, practices, and systems of

the Bureau, the Bureau of Land Management, and the

Minerals Management Service related to the discharge of

the Secretary’s trust responsibilities are coordinated,

consistent, and integrated, and

(B) the Department prepares comprehensive and

coordinated written policies and procedures for each phase

of the trust management business cycle.

(2) STANDARDIZED PROCEDURES.—The Special Trustee shall

ensure that the Bureau imposes standardized trust fund

accounting procedures throughout the Bureau.

(3) INTEGRATION OF LEDGER WITH INVESTMENT SYSTEM.—

The Special Trustee shall ensure that the trust fund investment, general ledger, and subsidiary accounting systems of

the Bureau are integrated and that they are adequate to support the trust fund investment needs of the Bureau.

(4) INTEGRATION OF LAND RECORDS, TRUST FUNDS ACCOUNTING, AND ASSET MANAGEMENT SYSTEMS AMONG AGENCIES.—The

Special Trustee shall ensure that—

(A) the land records system of the Bureau interfaces

with the trust fund accounting system, and

(B) the asset management systems of the Minerals

Management Service and the Bureau of Land Management

interface with the appropriate asset management and
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accounting systems of the Bureau, including ensuring

that—

(i) the Minerals Management Service establishes

policies and procedures that will allow it to properly

collect, account for, and disburse to the Bureau all

royalties and other revenues generated by production

from leases on Indian lands; and

(ii) the Bureau of Land Management and the

Bureau provide Indian landholders with accurate and

timely reports on a periodic basis that cover all transactions related to leases of Indian resources.

(5) TRUST MANAGEMENT PROGRAM BUDGET.—

(A) DEVELOPMENT AND SUBMISSION.—The Special

Trustee shall develop for each fiscal year, with the advice

of program managers of each office within the Bureau

of Indian Affairs, Bureau of Land Management and Minerals Management Service that participates in trust

management, including the management of trust funds

or natural resources, or which is charged with any responsibility under the comprehensive strategic plan prepared

under subsection (a) of this section, a consolidated Trust

Management program budget proposal that would enable

the Secretary to efficiently and effectively discharge his

trust responsibilities and to implement the comprehensive

strategic plan, and shall submit such budget proposal to

the Secretary, the Director of the Office of Management

and Budget, and to the Congress.

(B) DUTY OF CERTAIN PROGRAM MANAGERS.—Each program manager participating in trust management or

charged with responsibilities under the comprehensive

strategic plans shall transmit his office’s budget request

to the Special Trustee at the same time as such request

is submitted to his superiors (and before submission to

the Office of Management and Budget) in the preparation

of the budget of the President submitted to the Congress

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

(C) CERTIFICATION OF ADEQUACY OF BUDGET

REQUEST.—The Special Trustee shall—

(i) review each budget request submitted under subparagraph (B); (ii) certify in writing as to the adequacy of such

request to discharge, effectively and efficiently, the

Secretary’s trust responsibilities and to implement the

comprehensive strategic plan; and (iii) notify the program manager of the Special

Trustee’s certification under clause (ii).

(D) MAINTENANCE OF RECORDS.—The Special Trustee

shall maintain records of certifications made under paragraph (3)(B).

(E) LIMITATION ON REPROGRAMMING OR TRANSFER.—

No program manager shall submit, and no official of the

Department of the Interior may approve or otherwise

authorize, a reprogramming or transfer request with

respect to any funds appropriated for trust management

which is included in the Trust Management Program

Budget unless such request has been approved by the

Special Trustee.
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(d) PROBLEM RESOLUTION.—The Special Trustee shall provide

such guidance as necessary to assist Department personnel in

identifying problems and options for resolving problems, and in

implementing reforms to Department, Bureau, Bureau of Land

Management, and Minerals Management Service policies, procedures, systems and practices.

(e) SPECIAL TRUSTEE ACCESS.—The Special Trustee, and his

staff, shall have access to all records, reports, audits, reviews,

documents, papers, recommendations, files and other material, as

well as to any officer and employee, of the Department and any

office or bureau thereof, as the Special Trustee deems necessary

for the accomplishment of his duties under this Act.

(f) ANNUAL REPORT.—The Special Trustee shall report to the

Secretary and the Committee on Natural Resources of the House

of Representatives and the Committee on Indian Affairs of the

Senate each year on the progress of the Department, the Bureau,

the Bureau of Land Management, and the Minerals Management

Service in implementing the reforms identified in the comprehensive

strategic plan under subsection (a)(1) and in meeting the timetable

established in the strategic plan under subsection (a)(2)(C).

SEC. 304. RECONCILIATION REPORT.

The Secretary shall transmit to the Committee on Natural

Resources of the House of Representatives and the Committee on

Indian Affairs of the Senate, by May 31, 1996, a report identifying

for each tribal trust fund account for which the Secretary is responsible a balance reconciled as of September 30, 1995. In carrying

out this section, the Secretary shall consult with the Special

Trustee. The report shall include—

(1) a description of the Secretary’s methodology in reconciling trust fund accounts;

(2) attestations by each account holder that—

(A) the Secretary has provided the account holder with

as full and complete accounting as possible of the account

holder’s funds to the earliest possible date, and that the

account holder accepts the balance as reconciled by the

Secretary; or

(B) the account holder disputes the balance of the

account holder’s account as reconciled by the Secretary

and statement explaining why the account holder disputes

the Secretary’s reconciled balance; and

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

account balance disputed by the account holder outlining efforts

the Secretary will undertake to resolve the dispute.

SEC. 305. STAFF AND CONSULTANTS.

(a) STAFF.—The Special Trustee may employ such staff as the

Special Trustee deems necessary. The Special Trustee may request

staff assistance from within the Department and any office or

Bureau thereof as the Special Trustee deems necessary.

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

be provided in advance by appropriations Acts, the Special Trustee

may enter into contracts and other arrangements with public agencies and with private persons and organizations for consulting services and make such payments as necessary to carry out the

provisions of this title.
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SEC. 306. ADVISORY BOARD.

(a) ESTABLISHMENT AND MEMBERSHIP.—Notwithstanding any

other provision of law, the Special Trustee shall establish an

advisory board to provide advice on all matters within the jurisdiction of the Special Trustee. The advisory board shall consist of

nine members, appointed by the Special Trustee after consultation

with Indian tribes and appropriate Indian organizations, of which— (1) five members shall represent trust fund account holders,

including both tribal and Individual Indian Money accounts; (2) two members shall have practical experience in trust

fund and financial management; (3) one member shall have practical experience in fiduciary

investment management; and (4) one member, from academia, shall have knowledge of

general management of large organizations.

(b) TERM.—Each member shall serve a term of two years. (c) FACA.—The advisory board shall not be subject to the

Federal Advisory Committee Act. (d) TERMINATION.—The Advisory Board shall terminate upon

termination of the Office of Special Trustee.

TITLE IV—AUTHORIZATION OF

APPROPRIATIONS

SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated such sums as may

be necessary to carry out the provisions of this Act.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.