Union Calendar No. 426

103D CONGRESS

2D SESSION H. R. 4833

[Report No. 103–778]

A BILL

To reform the management of Indian Trust Funds,

and for other purposes.

OCTOBER 3, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 426

103D CONGRESS

2D SESSION H. R. 4833

[Report No. 103–778]

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

IN THE HOUSE OF REPRESENTATIVES

JULY 26, 1994

Mr. RICHARDSON introduced the following bill; which was referred to the

Committee on Natural Resources

OCTOBER 3, 1994

Additional sponsor: Mr. FALEOMAVAEGA

OCTOBER 3, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on July 26, 1994]

A BILL

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,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

3 ‘‘American Indian Trust Fund Management Reform Act of

4 1994’’.

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

6 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 Return of withdrawn funds.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.

7 SEC. 2. DEFINITIONS.

8 For the purposes of this Act:
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1 (1) The term ‘‘Special Trustee’’ means the Spe2 cial Trustee for American Indians appointed under

3 section 302.

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

5 tribe, band, nation, or other organized group or com6 munity, including any Alaska Native village or re7 gional or village corporation as defined in or estab8 lished pursuant to the Alaska Native Claims Settle9 ment Act (85 Stat. 688), which is recognized as eligi10 ble for the special programs and services provided by

11 the United States to Indians because of their status

12 as Indians.

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

14 the Interior.

15 (4) The term ‘‘Office’’ means the Office of Spe16 cial Trustee for American Indians established by sec17 tion 302.

18 (5) The term ‘‘Bureau’’ means the Bureau of In19 dian Affairs within the Department of the Interior.

20 (6) The term ‘‘Department’’ means the Depart21 ment of the Interior.
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1 TITLE I—RECOGNITION OF

2 TRUST RESPONSIBILITY

3 SEC. 101. AFFIRMATIVE ACTION REQUIRED.

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

5 162a), is amended by adding at the end the following new

6 subsection:

7 ‘‘(d) The Secretary’s proper discharge of the trust re8 sponsibilities of the United States shall include (but are not

9 limited to) the following:

10 ‘‘(1) Providing adequate systems for accounting

11 for and reporting trust fund balances.

12 ‘‘(2) Providing adequate controls over receipts

13 and disbursements.

14 ‘‘(3) Providing periodic, timely reconciliations to

15 assure the accuracy of accounts.

16 ‘‘(4) Determining accurate cash balances.

17 ‘‘(5) Preparing and supplying account holders

18 with periodic statements of their account performance

19 and with balances of their account which shall be

20 available on a daily basis.

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

22 procedures for trust fund management and account23 ing.
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1 ‘‘(7) Providing adequate staffing, supervision,

2 and training for trust fund management and ac3 counting.

4 ‘‘(8) Appropriately managing the natural re5 sources located within the boundaries of Indian res6 ervations and trust lands.’’.

7 SEC. 102. RESPONSIBILITY OF SECRETARY TO ACCOUNT

8 FOR THE DAILY AND ANNUAL BALANCES OF

9 INDIAN TRUST FUNDS.

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

11 account for the daily and annual balance of all funds held

12 in trust by the United States for the benefit of an Indian

13 tribe or an individual Indian which are deposited or in14 vested pursuant to the Act of June 24, 1938 (25 U.S.C.

15 162a).

16 (b) PERIODIC STATEMENT OF PERFORMANCE.—Not

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

18 quarter, the Secretary shall provide a statement of perform19 ance to each Indian tribe and individual with respect to

20 whom funds are deposited or invested pursuant to the Act

21 of June 24, 1938 (25 U.S.C. 162a). The statement, for the

22 period concerned, shall—

23 (1) identify the source, type, and status of the

24 funds;

25 (2) the beginning balance;
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1 (3) the gains and losses;

2 (4) receipts and disbursements; and

3 (5) the ending balance.

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

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

6 funds held in trust by the United States for the benefit of

7 an Indian tribe or an individual Indian which are depos8 ited or invested pursuant to the Act of June 24, 1938 (25

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

10 in the first statement of performance provided under sub11 section (b) after the completion of the audit.

12 SEC. 103. PAYMENT OF INTEREST ON INDIVIDUAL INDIAN

13 MONEY ACCOUNTS.

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

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

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

17 lieu thereof ‘‘That (a) all’’; and

18 (2) by adding after subsection (a) (as designated

19 by paragraph (1) of this subsection) the following:

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

21 carried in principal accounts on the books of the United

22 States Treasury to the credit of individual Indians shall

23 be invested by the Secretary of the Treasury, at the request

24 of the Secretary of the Interior, in public debt securities

25 with maturities suitable to the needs of the fund involved,
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1 as determined by the Secretary of the Interior, and bearing

2 interest at rates determined by the Secretary of the Treas3 ury, taking into consideration current market yields on out4 standing marketable obligations of the United States of

5 comparable securities.’’.

6 (b) WITHDRAWAL AUTHORITY.—The second sentence of

7 the first section of the Act of June 24, 1938 (25 U.S.C.

8 162a) is amended by inserting ‘‘to withdraw from the Unit9 ed States Treasury and’’ after ‘‘prescribe,’’.

10 (c) TECHNICAL CORRECTION.—The second subsection

11 (b) of the first section of the Act of June 24, 1938 (25 U.S.C.

12 162a), as added by section 302 of Public Law 101–644 (104

13 Stat. 4667), is hereby redesignated as subsection (c).

14 (d) EFFECTIVE DATE.—The amendment made by sub15 section (a) shall apply to interest earned on amounts depos16 ited or invested on or after the date of the enactment of

17 this Act.

18 SEC. 104. AUTHORITY FOR PAYMENT OF CLAIMS FOR INTER19 EST OWED.

20 The Secretary shall make payments to an individual

21 Indian in full satisfaction of any claim of such individual

22 for interest on amounts deposited or invested on behalf of

23 such individual before the date of enactment of this Act ret24 roactive to the date that the Secretary began investing indi-
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1 vidual Indian monies on a regular basis, to the extent that

2 the claim is identified—

3 (1) by a the reconciliation process of individual

4 Indian money accounts, or

5 (2) by the individual and presented to the Sec6 retary with supporting documentation, and is verified

7 by the Secretary pursuant to the Department’s policy

8 for addressing accountholder losses.

9 TITLE II—INDIAN TRUST FUND

10 MANAGEMENT PROGRAM

11 SEC. 201. PURPOSE.

12 The purpose of this title is to allow tribes an oppor13 tunity to manage tribal funds currently held in trust by

14 the United States and managed by the Secretary through

15 the Bureau, that, consistent with the trust responsibility of

16 the United States and the principles of self-determination,

17 will—

18 (1) give Indian tribal governments greater con19 trol over the management of such trust funds; or

20 (2) otherwise demonstrate how the principles of

21 self-determination can work with respect to the man22 agement of such trust funds, in a manner consistent

23 with the trust responsibility of the United States.
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1 SEC. 202. VOLUNTARY WITHDRAWAL FROM TRUST FUNDS

2 PROGRAM.

3 (a) IN GENERAL.—An Indian tribe may, in accord4 ance with this section, submit a plan to withdraw some or

5 all funds held in trust for such tribe by the United States

6 and managed by the Secretary through the Bureau.

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

8 such plan within 90 days of receipt and when approving

9 the plan, the Secretary shall obtain the advice of the Special

10 Trustee or prior to the appointment of such Special Trustee,

11 the Director of the Office of Trust Fund Management within

12 the Bureau. Such plan shall meet the following conditions:

13 (1) Such plan has been approved by the appro14 priate Indian tribe and is accompanied by a resolu15 tion from the tribal governing body approving the

16 plan.

17 (2) The Secretary determines such plan to be

18 reasonable after considering all appropriate factors,

19 including (but not limited to) the following:

20 (A) The capability and experience of the in21 dividuals or institutions that will be managing

22 the trust funds.

23 (B) The protection against substantial loss

24 of principal.

25 (c) DISSOLUTION OF TRUST RESPONSIBILITY.—Begin26 ning on the date funds are withdrawn pursuant to this sec-
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1 tion, any trust responsibility or liability of the United

2 States with respect to such funds shall cease.

3 SEC. 203. JUDGMENT FUNDS.

4 (a) IN GENERAL.—The Secretary is authorized to ap5 prove plans under section 202 of this title for the with6 drawal of judgment funds held by the Secretary.

7 (b) LIMITATION.—Only such funds held by the Sec8 retary under the terms of the Indian Judgment Funds Use

9 or Distribution Act (25 U.S.C. 1401) or an Act of Congress

10 which provides for the secretarial management of such judg11 ment funds shall be included in such plans.

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

13 the Secretary shall ensure—

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

15 funds identified in the previously approved judgment

16 fund plan will continue to be followed by the Indian

17 tribe in the management of the judgment funds; and

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

19 be withdrawn and that any funds held for individual

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

21 SEC. 204. TECHNICAL ASSISTANCE.

22 The Secretary shall—

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

24 with technical assistance in developing, implement-
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1 ing, and managing Indian trust fund investment

2 plans; and

3 (2) among other things, ensure that legal, finan4 cial, and other expertise of the Department of the In5 terior has been made fully available in an advisory

6 capacity to the Indian tribes to assist in the develop7 ment, implementation, and management of invest8 ment plans.

9 SEC. 205. GRANT PROGRAM.

10 (a) GENERAL AUTHORITY.—The Secretary is author11 ized to award grants to Indian tribes for the purpose of

12 developing and implementing plans for the investment of

13 Indian tribal trust funds.

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

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

16 not limited to)—

17 (1) the training and education of employees re18 sponsible for monitoring the investment of trust

19 funds;

20 (2) the building of tribal capacity for the invest21 ment and management of trust funds;

22 (3) the development of a comprehensive tribal in23 vestment plan;

24 (4) the implementation and management of trib25 al trust fund investment plans; and
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1 (5) such other purposes related to this title that

2 the Secretary deems appropriate.

3 SEC. 206. RETURN OF WITHDRAWN FUNDS.

4 Subject to such conditions as the Secretary may pre5 scribe, any tribe which has withdrawn trust funds may

6 choose to return any or all of the trust funds it has with7 drawn by notifying the Secretary in writing of its intention

8 to return the funds to the control and management of the

9 Secretary.

10 SEC. 207. SAVINGS PROVISION.

11 By submitting or approving a plan under this title,

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

13 accepted the account balance as accurate or to have waived

14 any rights regarding such balance and to seek compensa15 tion.

16 SEC. 208. REPORT TO CONGRESS.

17 The Secretary shall, beginning one year after the date

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

19 the Committee on Natural Resources of the House of Rep20 resentatives and the Committee on Indian Affairs of the

21 Senate on the implementation of programs under this title.

22 Such report shall include recommendations (if any) for

23 changes necessary to better implement the purpose of this

24 title.
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1 SEC. 209. REGULATIONS.

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

3 date of enactment of this title, the Secretary shall promul4 gate final regulations for the implementation of this title.

5 All regulations promulgated pursuant to this title shall be

6 developed by the Secretary with the full and active partici7 pation of the Indian tribes with trust funds held by the

8 Secretary and other affected Indian tribes.

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

10 shall not limit the effect of this title.

11 TITLE III—SPECIAL TRUSTEE

12 FOR AMERICAN INDIANS

13 SEC. 301. PURPOSES.

14 The purposes of this title are—

15 (1) to provide for more effective management of,

16 and accountability for the proper discharge of, the

17 Secretary’s trust responsibilities to Indian tribes and

18 individual Indians by establishing in the Department

19 of the Interior an Office of Special Trustee for Amer20 ican Indians to oversee and coordinate reforms within

21 the Department of practices relating to the manage22 ment and discharge of such responsibilities;

23 (2) to ensure that reform of such practices in the

24 Department is carried out in a unified manner and

25 that reforms of the policies, practices, procedures and

26 systems of the Bureau, Minerals Management Service,
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1 and Bureau of Land Management, which carry out

2 such trust responsibilities, are effective, consistent,

3 and integrated; and

4 (3) to ensure the implementation of all reforms

5 necessary for the proper discharge of the Secretary’s

6 trust responsibilities to Indian tribes and individual

7 Indians.

8 SEC. 302. OFFICE OF SPECIAL TRUSTEE FOR AMERICAN

9 INDIANS.

10 (a) ESTABLISHMENT.—There is hereby established

11 within the Department of the Interior the Office of Special

12 Trustee for American Indians. The Office shall be headed

13 by the Special Trustee who shall report directly to the

14 Secretary.

15 (b) SPECIAL TRUSTEE.—

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

17 appointed by the President, by and with the advice

18 and consent of the Senate, from among individuals

19 who possess demonstrated ability in general manage20 ment of large governmental or business entities and

21 particular knowledge of trust fund management,

22 management of financial institutions, and the invest23 ment of large sums of money.

24 (2) COMPENSATION.—The Special Trustee shall

25 be paid at a rate determined by the Secretary to be
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1 appropriate for the position, but not less than the rate

2 of basic pay payable at Level II of the Executive

3 Schedule under section 5313 of title 5, United States

4 Code.

5 (c) TERMINATION OF OFFICE.—

6 (1) CONDITIONED UPON IMPLEMENTATION OF

7 REFORMS.—The Special Trustee, in proposing a ter8 mination date under section 303(a)(2)(C), shall en9 sure continuation of the Office until all reforms iden10 tified in the strategic plan have been implemented to

11 the satisfaction of the Special Trustee.

12 (2) 30-DAY NOTICE.—Thirty days prior to the

13 termination date proposed in the plan submitted

14 under this section, the Special Trustee shall notify the

15 Secretary and the Congress in writing of the progress

16 in implementing the reforms identified in the plan.

17 The Special Trustee, at that time, may recommend

18 the continuation, or the permanent establishment, of

19 the Office if the Special Trustee concludes that con20 tinuation or permanent establishment is necessary for

21 the efficient discharge of the Secretary’s trust respon22 sibilities.

23 (3) TERMINATION DATE.—The Office shall termi24 nate 180 legislative days after the date on which the

25 notice to the Congress under paragraph (2) is pro-
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1 vided, unless the Congress extends the authorities of

2 the Special Trustee. For the purposes of this session,

3 a legislative day is a day on which either House of

4 the Congress is in session.

5 SEC. 303. AUTHORITIES AND FUNCTIONS OF THE SPECIAL

6 TRUSTEE.

7 (a) COMPREHENSIVE STRATEGIC PLAN.—

8 (1) IN GENERAL.—The Special Trustee shall pre9 pare and, after consultation with Indian tribes and

10 appropriate Indian organizations, submit to the Sec11 retary and the Committee on Natural Resources of the

12 House of Representatives and the Committee on In13 dian Affairs of the Senate, within one year after the

14 initial appointment is made under section 302(b), a

15 comprehensive strategic plan for all phases of the

16 trust management business cycle that will ensure

17 proper and efficient discharge of the Secretary’s trust

18 responsibilities to Indian tribes and individual Indi19 ans in compliance with this Act.

20 (2) PLAN REQUIREMENTS.—The plan prepared

21 under paragraph (1) shall include the following:

22 (A) Identification of all reforms to the poli23 cies, procedures, practices and systems of the De24 partment, the Bureau, the Bureau of Land Man25 agement, and the Minerals Management Service
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1 necessary to ensure the proper and efficient dis2 charge of the Secretary’s trust responsibilities in

3 compliance with this Act.

4 (B) Provisions for opportunities for Indian

5 tribes to assist in the management of their trust

6 accounts and to identify for the Secretary op7 tions for the investment of their trust accounts,

8 in a manner consistent with the trust respon9 sibilities of the Secretary, in ways that will help

10 promote economic development in their commu11 nities.

12 (C) A timetable for implementing the re13 forms identified in the plan, including a date for

14 the proposed termination of the Office.

15 (b) DUTIES.—

16 (1) GENERAL OVERSIGHT OF REFORM EF17 FORTS.—The Special Trustee shall oversee all reform

18 efforts within the Bureau, the Bureau of Land Man19 agement, and the Minerals Management Service relat20 ing to the trust responsibilities of the Secretary to en21 sure the establishment of policies, procedures, systems

22 and practices to allow the Secretary to discharge his

23 trust responsibilities in compliance with this Act.

24 (2) BUREAU OF INDIAN AFFAIRS.—
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1 (A) MONITOR RECONCILIATION OF TRUST

2 ACCOUNTS.—The Special Trustee shall monitor

3 the reconciliation of tribal and Individual In4 dian Money trust accounts to ensure that the

5 Bureau provides the account holders, with a fair

6 and accurate accounting of all trust accounts.

7 (B) INVESTMENTS.—The Special Trustee

8 shall ensure that the Bureau establishes appro9 priate policies and procedures, and develops nec10 essary systems, that will allow it—

11 (i) properly to account for and invest,

12 as well as maximize, in a manner consist13 ent with the statutory restrictions imposed

14 on the Secretary’s investment options, the

15 return on the investment of all trust fund

16 monies, and

17 (ii) to prepare accurate and timely re18 ports to account holders (and others, as re19 quired) on a periodic basis regarding all

20 collections, disbursements, investments, and

21 return on investments related to their ac22 counts.

23 (C) OWNERSHIP AND LEASE DATA.—The

24 Special Trustee shall ensure that the Bureau es25 tablishes policies and practices to maintain com-
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1 plete, accurate, and timely data regarding the

2 ownership and lease of Indian lands.

3 (3) BUREAU OF LAND MANAGEMENT.—The Spe4 cial Trustee shall ensure that the Bureau of Land

5 Management establishes policies and practices ade6 quate to enforce compliance with Federal require7 ments for drilling, production, accountability, envi8 ronmental protection, and safety with respect to the

9 lease of Indian lands.

10 (4) MINERALS MANAGEMENT SERVICE.—The

11 Special Trustee shall ensure that the Minerals Man12 agement Service establishes policies and practices to

13 enforce compliance by lessees of Indian lands with all

14 requirements for timely and accurate reporting of

15 production and payment of lease royalties and other

16 revenues, including the audit of leases to ensure that

17 lessees are accurately reporting production levels and

18 calculating royalty payments.

19 (c) COORDINATION OF POLICIES.—

20 (1) IN GENERAL.—The Special Trustee shall en21 sure that—

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

23 systems of the Bureau, the Bureau of Land Man24 agement, and the Minerals Management Service

25 related to the discharge of the Secretary’s trust
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1 responsibilities are coordinated, consistent, and

2 integrated, and

3 (B) the Department prepares comprehensive

4 and coordinated written policies and procedures

5 for each phase of the trust management business

6 cycle.

7 (2) STANDARDIZED PROCEDURES.—The Special

8 Trustee shall ensure that the Bureau imposes stand9 ardized trust fund accounting procedures throughout

10 the Bureau.

11 (3) INTEGRATION OF LEDGER WITH INVESTMENT

12 SYSTEM.—The Special Trustee shall ensure that the

13 trust fund investment, general ledger, and subsidiary

14 accounting systems of the Bureau are integrated and

15 that they are adequate to support the trust fund in16 vestment needs of the Bureau.

17 (4) INTEGRATION OF LAND RECORDS, TRUST

18 FUNDS ACCOUNTING, AND ASSET MANAGEMENT SYS19 TEMS AMONG AGENCIES.—The Special Trustee shall

20 ensure that—

21 (A) the land records system of the Bureau

22 interfaces with the trust fund accounting system,

23 and

24 (B) the asset management systems of the

25 Minerals Management Service and the Bureau of
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1 Land Management interface with the appro2 priate asset management and accounting systems

3 of the Bureau, including ensuring that—

4 (i) the Minerals Management Service

5 establishes policies and procedures that will

6 allow it to properly collect, account for, and

7 disburse to the Bureau all royalties and

8 other revenues generated by production from

9 leases on Indian lands; and

10 (ii) the Bureau of Land Management

11 and the Bureau provide Indian landholders

12 with accurate and timely reports on a peri13 odic basis that cover all transactions related

14 to leases of Indian resources.

15 (5) TRUST MANAGEMENT PROGRAM BUDGET.—

16 (A) DEVELOPMENT AND SUBMISSION.—The

17 Special Trustee shall develop for each fiscal year,

18 with the advice of program managers of each of19 fice within the Bureau of Indian Affairs, Bureau

20 of Land Management and Minerals Management

21 Service that participates in trust management,

22 including the management of trust funds or nat23 ural resources, or which is charged with any re24 sponsibility under the comprehensive strategic

25 plan prepared under subsection (a) of this sec-
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1 tion, a consolidated Trust Management program

2 budget proposal that would enable the Secretary

3 to efficiently and effectively discharge his trust

4 responsibilities and to implement the comprehen5 sive strategic plan, and shall submit such budget

6 proposal to the Secretary, the Director of the Of7 fice of Management and Budget, and to the Con8 gress.

9 (B) DUTY OF CERTAIN PROGRAM MAN10 AGERS.—Each program manager participating

11 in trust management or charged with respon12 sibilities under the comprehensive strategic plans

13 shall transmit his office’s budget request to the

14 Special Trustee at the same time as such request

15 is submitted to his superiors (and before submis16 sion to the Office of Management and Budget) in

17 the preparation of the budget of the President

18 submitted to the Congress under section 1105(a)

19 of title 31, United States Code.

20 (C) CERTIFICATION OF ADEQUACY OF BUDG21 ET REQUEST.—The Special Trustee shall—

22 (i) review each budget request submit23 ted under subparagraph (B);

24 (ii) certify in writing as to the ade25 quacy of such request to discharge, effec-
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1 tively and efficiently, the Secretary’s trust

2 responsibilities and to implement the com3 prehensive strategic plan; and

4 (iii) notify the program manager of

5 the Special Trustee’s certification under

6 clause (ii).

7 (D) MAINTENANCE OF RECORDS.—The Spe8 cial Trustee shall maintain records of certifi9 cations made under paragraph (3)(B).

10 (E) LIMITATION ON REPROGRAMMING OR

11 TRANSFER.—No program manager shall submit,

12 and no official of the Department of the Interior

13 may approve or otherwise authorize, a

14 reprogramming or transfer request with respect

15 to any funds appropriated for trust management

16 which is included in the Trust Management Pro17 gram Budget unless such request has been ap18 proved by the Special Trustee.

19 (d) PROBLEM RESOLUTION.—The Special Trustee

20 shall provide such guidance as necessary to assist Depart21 ment personnel in identifying problems and options for re22 solving problems, and in implementing reforms to Depart23 ment, Bureau, Bureau of Land Management, and Minerals

24 Management Service policies, procedures, systems and prac25 tices.
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1 (e) SPECIAL TRUSTEE ACCESS.—The Special Trustee,

2 and his staff, shall have access to all records, reports, audits,

3 reviews, documents, papers, recommendations, files and

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

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

6 Special Trustee deems necessary for the accomplishment of

7 his duties under this Act.

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

9 to the Secretary and the Committee on Natural Resources

10 of the House of Representatives and the Committee on In11 dian Affairs of the Senate each year on the progress of the

12 Department, the Bureau, the Bureau of Land Management,

13 and the Minerals Management Service in implementing the

14 reforms identified in the comprehensive strategic plan

15 under subsection (a)(1) and in meeting the timetable estab16 lished in the strategic plan under subsection (a)(2)(C).

17 SEC. 304. RECONCILIATION REPORT.

18 The Secretary shall transmit to the Committee on Nat19 ural Resources of the House of Representatives and the

20 Committee on Indian Affairs of the Senate, by May 31,

21 1996, a report identifying for each tribal trust fund account

22 for which the Secretary is responsible a balance reconciled

23 as of September 30, 1995. In carrying out this section, the

24 Secretary shall consult with the Special Trustee. The report

25 shall include—
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1 (1) a description of the Secretary’s methodology

2 in reconciling trust fund accounts;

3 (2) attestations by each account holder that—

4 (A) the Secretary has provided the account

5 holder with as full and complete accounting as

6 possible of the account holder’s funds to the earli7 est possible date, and that the account holder ac8 cepts the balance as reconciled by the Secretary;

9 or

10 (B) the account holder disputes the balance

11 of the account holder’s account as reconciled by

12 the Secretary and statement explaining why the

13 account holder disputes the Secretary’s reconciled

14 balance; and

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

16 each account balance disputed by the account holder

17 outlining efforts the Secretary will undertake to re18 solve the dispute.

19 SEC. 305. STAFF AND CONSULTANTS.

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

21 staff as the Special Trustee deems necessary. The Special

22 Trustee may request staff assistance from within the De23 partment and any office or Bureau thereof as the Special

24 Trustee deems necessary.
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1 (b) CONTRACTS.—To the extent and in such amounts

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

3 Special Trustee may enter into contracts and other ar4 rangements with public agencies and with private persons

5 and organizations for consulting services and make such

6 payments as necessary to carry out the provisions of this

7 title.

8 SEC. 306. ADVISORY BOARD.

9 (a) ESTABLISHMENT AND MEMBERSHIP.—Notwith10 standing any other provision of law, the Special Trustee

11 shall establish an advisory board to provide advice on all

12 matters within the jurisdiction of the Special Trustee. The

13 advisory board shall consist of nine members, appointed by

14 the Special Trustee after consultation with Indian tribes

15 and appropriate Indian organizations, of which—

16 (1) five members shall represent trust fund ac17 count holders, including both tribal and Individual

18 Indian Money accounts;

19 (2) two members shall have practical experience

20 in trust fund and financial management;

21 (3) one member shall have practical experience

22 in fiduciary investment management; and

23 (4) one member, from academia, shall have

24 knowledge of general management of large organiza25 tions.
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1 (b) TERM.—Each member shall serve a term of two

2 years.

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

4 to the Federal Advisory Committee Act.

5 (d) TERMINATION.—The Advisory Board shall termi6 nate upon termination of the Office of Special Trustee.

7 TITLE IV—AUTHORIZATION OF

8 APPROPRIATIONS

9 SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

10 There is authorized to be appropriated such sums as

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

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