II 

113TH CONGRESS 

1ST SESSION S. 165 

To provide for Indian trust asset management reform, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 28, 2013 

Mr. CRAPO (for himself and Mr. RISCH) introduced the following bill; which 

was read twice and referred to the Committee on Indian Affairs 

A BILL 

To provide for Indian trust asset management reform, 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 ‘‘Indian Trust Asset Reform Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—RECOGNITION OF TRUST RESPONSIBILITY 

Sec. 101. Congressional statement of findings. 

Sec. 102. Congressional reaffirmation of policy. 

TITLE II—INDIAN TRUST ASSET MANAGEMENT DEMONSTRATION 

PROJECT ACT 


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Sec. 201. Short title. 

Sec. 202. Definitions. 

Sec. 203. Establishment of demonstration project; selection of participating Indian tribes. 

Sec. 204. Indian trust asset management plan. 

Sec. 205. Effect of title. 

TITLE III—RESTRUCTURING BUREAU OF INDIAN AFFAIRS AND 

OFFICE OF SPECIAL TRUSTEE 

Sec. 301. Purpose. 

Sec. 302. Definitions. 

Sec. 303. Under Secretary for Indian Affairs. 

Sec. 304. Transfer of functions of Assistant Secretary for Indian Affairs. 

Sec. 305. Office of Special Trustee for American Indians. 

Sec. 306. Cost savings recommendations. 

Sec. 307. Hiring preference. 

1 TITLE I—RECOGNITION OF 

2 TRUST RESPONSIBILITY 

3 SEC. 101. CONGRESSIONAL STATEMENT OF FINDINGS. 

4 The Congress, after careful review of the Federal 

5 Government’s historical and special legal relationship 

6 with, and resulting responsibilities to, American Indian 

7 people, finds that— 

8 (1) the relationship of Indian tribes to the 

9 United States is founded in part on the settled doc10 trine of the law of nations that when a stronger sov11 ereign assumes authority over a weaker sovereign, 

12 the stronger one assumes a duty of protection for 

13 the weaker one, which does not surrender its right 

14 to self-government; 

15 (2) the United States fiduciary responsibilities 

16 to Indians also constitutes a foundational basis for, 

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1 garding Indians because it constitutes an inherent 

2 presupposition of our constitutional structure, which 

3 provides an inherent limit on the exercise and appli4 cation of the Indian Commerce Clause and the Trea5 ty Clause of the Constitution; 

6 (3) the United States fiduciary responsibilities 

7 to Indians also are founded in part on specific com8 mitments made through written treaties and agree9 ments securing peace, in exchange for which Indians 

10 have surrendered claims to vast tracts of land, which 

11 provided legal consideration for permanent, ongoing 

12 performance of Federal trust duties; and 

13 (4) the foregoing historic Federal-tribal rela14 tions and understandings have benefitted the people 

15 of the United States as a whole for centuries and es16 tablished enduring and enforceable Federal obliga17 tions to which the national honor has been com18 mitted. 

19 SEC. 102. CONGRESSIONAL REAFFIRMATION OF POLICY. 

20 Pursuant to its constitutionally vested authority over 

21 Indian affairs, the Congress hereby reaffirms the following 

22 regarding the proper discharge of the United States fidu23 ciary responsibilities to Indians— 

24 (1) enforceable fiduciary duties necessarily arise 

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1 vision over tribal trust assets even though nothing is 

2 said expressly in the governing statutes or regula3 tions, unless Congress has expressly specified other4 wise; 

5 (2) in general, the most exacting common-law 

6 fiduciary standards which govern private trustees 

7 also govern the United States when it manages In8 dian trust assets, and enforceable Federal trust du9 ties for Indian trust asset management are not lim10 ited to the express terms of statutes and regulations; 

11 (3) the fact that the United States simulta12 neously performs another task for another interest 

13 that Congress has obligated it by statute to do does 

14 not compromise or limit the United States enforce15 able fiduciary obligations to Indians; and 

16 (4) the United States fiduciary responsibilities 

17 to Indian tribes include and are not limited by a 

18 duty to promote tribal self-determination regarding 

19 governmental authority and economic development. 

20 TITLE II—INDIAN TRUST ASSET 

21 MANAGEMENT DEMONSTRA22 TION PROJECT ACT 

23 SEC. 201. SHORT TITLE. 

24 This title may be cited as the ‘‘Indian Trust Asset 

25 Management Demonstration Project Act of 2013’’. 


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1 SEC. 202. DEFINITIONS. 

2 In this title: 

3 (1) PROJECT.—The term ‘‘Project’’ means the 

4 Indian trust asset management demonstration 

5 project established under section 203(a). 

6 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

7 means an Indian tribe that— 

8 (A) is federally recognized; and 

9 (B) submits an application under section 

10 203(c). 

11 (3) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of the Interior. 

13 SEC. 203. ESTABLISHMENT OF DEMONSTRATION PROJECT; 

14 SELECTION OF PARTICIPATING INDIAN 

15 TRIBES. 

16 (a) IN GENERAL.—The Secretary shall establish and 

17 carry out an Indian trust asset management demonstra18 tion project, in accordance with this title. 

19 (b) SELECTION OF PARTICIPATING INDIAN

20 TRIBES.— 

21 (1) INDIAN TRIBES.— 

22 (A) IN GENERAL.—Any Indian tribe shall 

23 be eligible to participate in the Project if— 

24 (i) the Indian tribe submits to the 

25 Secretary an application under subsection 

26 (c); and 


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1 (ii) the Secretary approves the appli2 cation of the Indian tribe. 

3 (2) NOTICE.— 

4 (A) IN GENERAL.—The Secretary shall 

5 provide a written notice to each Indian tribe ap6 proved to participate in the Project. 

7 (B) CONTENTS.—A notice under subpara8 graph (A) shall include— 

9 (i) a statement that the application of 

10 the Indian tribe has been approved by the 

11 Secretary; and 

12 (ii) a requirement that the Indian 

13 tribe shall submit to the Secretary a pro14 posed Indian trust asset management plan 

15 in accordance with section 204. 

16 (c) APPLICATION.— 

17 (1) IN GENERAL.—To be eligible to participate 

18 in the Project, an Indian tribe shall submit to the 

19 Secretary a written application in accordance with 

20 paragraph (2). 

21 (2) REQUIREMENTS.—The Secretary shall take 

22 into consideration an application under this sub23 section only if the application— 

24 (A) includes a copy of a resolution or other 

25 appropriate action by the governing body of the 


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1 Indian tribe, as determined by the Secretary, in 

2 support of or authorizing the application; 

3 (B) is received by the Secretary after the 

4 date of enactment of this Act; and 

5 (C) states that the Indian tribe is request6 ing to participate in the Project. 

7 (d) DURATION.—The Project shall remain in effect 

8 for a period of 8 years after the date of enactment of this 

9 Act. 

10 SEC. 204. INDIAN TRUST ASSET MANAGEMENT PLAN. 

11 (a) PROPOSED PLAN.— 

12 (1) SUBMISSION.—After the date on which an 

13 Indian tribe receives a notice from the Secretary 

14 under section 203(b)(2), the Indian tribe shall sub15 mit to the Secretary a proposed Indian trust asset 

16 management plan in accordance with paragraph (2). 

17 (2) CONTENTS.—A proposed Indian trust asset 

18 management plan shall include provisions that— 

19 (A) identify the trust assets that will be 

20 subject to the plan, including financial and non21 financial trust assets; 

22 (B) establish trust asset management ob23 jectives and priorities for Indian trust assets 

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1 erwise subject to the jurisdiction, of the Indian 

2 tribe; 

3 (C) allocate trust asset management fund4 ing that is available for the Indian trust assets 

5 subject to the plan in order to meet the trust 

6 asset management objectives and priorities; 

7 (D) if the Indian tribe has contracted or 

8 compacted functions or activities under the In9 dian Self-Determination and Education Assist10 ance Act (25 U.S.C. 450 et seq.) relating to the 

11 management of trust assets— 

12 (i) identify the functions or activities 

13 that are being performed by the Indian 

14 tribe under the contracts or compacts; and 

15 (ii) describe the proposed manage16 ment systems, practices, and procedures 

17 that the Indian tribe will follow; 

18 (E) establish procedures for nonbinding 

19 mediation or resolution of any dispute between 

20 the Indian tribe and the United States relating 

21 to the trust asset management plan; 

22 (F) include a process for the Indian tribe 

23 and the Federal agencies affected by the trust 

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1 uations to ensure that trust assets are being 

2 managed in accordance with the plan; and 

3 (G) identify any Federal regulations that 

4 will be superseded by the plan. 

5 (3) AUTHORITY OF INDIAN TRIBES TO DE6 VELOP SYSTEMS, PRACTICES, AND PROCEDURES.— 

7 For purposes of preparing and carrying out a man8 agement plan under this section, an Indian tribe 

9 that has compacted or contracted activities or func10 tions under the Indian Self-Determination and Edu11 cation Assistance Act (25 U.S.C. 450 et seq.), for 

12 purposes of carrying out the activities or functions, 

13 may develop and carry out trust asset management 

14 systems, practices, and procedures that differ from 

15 any such systems, practices, and procedures used by 

16 the Secretary in managing the trust assets if the 

17 systems, practices, and procedures of the Indian 

18 tribe meet the requirements of the laws, standards, 

19 and responsibilities described in subsection (c). 

20 (4) TECHNICAL ASSISTANCE AND INFORMA21 TION.—The Secretary shall provide to an Indian 

22 tribe any technical assistance and information, in23 cluding budgetary information, that the Indian tribe 

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1 posed plan on receipt of a written request from the 

2 Indian tribe. 

3 (b) APPROVAL AND DISAPPROVAL OF PROPOSED

4 PLANS.— 

5 (1) APPROVAL.— 

6 (A) IN GENERAL.—Not later than 120 

7 days after the date on which an Indian tribe 

8 submits a proposed Indian trust asset manage9 ment plan under subsection (a), Secretary shall 

10 approve or disapprove the proposed plan. 

11 (B) REQUIREMENTS FOR DISAPPROVAL.— 

12 The Secretary shall approve a proposed plan 

13 unless the Secretary determines that— 

14 (i) the proposed plan fails to address 

15 a requirement under subsection (a)(2); 

16 (ii) the proposed plan includes one or 

17 more provisions that are inconsistent with 

18 subsection (c); or 

19 (iii) the cost of implementing the pro20 posed plan exceeds the amount of funding 

21 available for the management of trust as22 sets that would be subject to the proposed 

23 plan. 

24 (2) ACTION ON DISAPPROVAL.— 


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1 (A) NOTICE.—If the Secretary disapproves 

2 a proposed plan under paragraph (1)(B), the 

3 Secretary shall provide to the Indian tribe a 

4 written notice of the disapproval, including any 

5 reason why the proposed plan was disapproved. 

6 (B) ACTION BY TRIBES.—If a proposed 

7 plan is disapproved under paragraph (1)(B), 

8 the Indian tribe may resubmit an amended pro9 posed plan not later than 90 days after the date 

10 on which the Indian tribe receives the notice 

11 under subparagraph (A). 

12 (3) FAILURE TO APPROVE OR DISAPPROVE.—If 

13 the Secretary fails to approve or disapprove a pro14 posed plan in accordance with paragraph (1), the 

15 plan shall be considered to be approved. 

16 (4) JUDICIAL REVIEW.—An Indian tribe may 

17 seek judicial review of the determination of the Sec18 retary in accordance with subchapter II of chapter 

19 5, and chapter 7, of title 5, United States Code 

20 (commonly known as the ‘‘Administrative Procedure 

21 Act’’) if— 

22 (A) the Secretary disapproves the proposed 

23 plan of the Indian tribe under paragraph (1) or 

24 (3); and 


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1 (B) the Indian tribe has exhausted any 

2 other administrative remedy available to the In3 dian tribe. 

4 (c) APPLICABLE LAWS; STANDARDS; TRUST RE5 SPONSIBILITY.— 

6 (1) APPLICABLE LAWS.—An Indian trust asset 

7 management plan, and any activity carried out 

8 under the plan, shall not be approved unless the pro9 posed plan is consistent with— 

10 (A) all Federal treaties, statutes, Executive 

11 orders, and court decisions that are applicable 

12 to the trust assets, or the management of the 

13 trust assets, identified in the plan; and 

14 (B) all tribal laws that are applicable to 

15 the trust assets, or the management of trust as16 sets, identified in the plan, except to the extent 

17 that the laws are inconsistent with the treaties, 

18 statutes, Executive orders, and court decisions 

19 referred to in subparagraph (A). 

20 (2) STANDARDS.—Subject to the laws referred 

21 to in paragraph (1)(A), an Indian trust asset man22 agement plan shall not be approved unless the Sec23 retary determines that the plan will— 

24 (A) protect trust assets from loss, waste, 

25 and unlawful alienation; 


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1 (B) promote the interests of the beneficial 

2 owner of the trust asset; 

3 (C) conform, to the maximum extent prac4 ticable, to the preferred use of the trust asset 

5 by the beneficial owner, unless the use is incon6 sistent with a treaty, statute, regulation, Execu7 tive order, or court decision referred to in para8 graph (1)(A); 

9 (D) protect any applicable treaty-based 

10 fishing, hunting and gathering, and similar 

11 rights relating to the use, access, or enjoyment 

12 of a trust asset; and 

13 (E) require that any activity carried out 

14 under the plan be carried out in good faith and 

15 with loyalty to the beneficial owner of the trust 

16 asset. 

17 (3) TRUST RESPONSIBILITY.—An Indian trust 

18 asset management plan shall not be approved unless 

19 the Secretary determines that the plan is consistent 

20 with the trust responsibility of the United States to 

21 the Indian tribe and individual Indians. 

22 (d) TERMINATION OF PLAN.— 

23 (1) IN GENERAL.—An Indian tribe may termi24 nate an Indian trust asset management plan on any 

25 date after the date on which a proposed Indian trust 


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1 asset management plan is approved by providing to 

2 the Secretary— 

3 (A) a notice of the intent of the Indian 

4 tribe to terminate the plan; and 

5 (B) a resolution of the governing body of 

6 the Indian tribe authorizing the termination of 

7 the plan. 

8 (2) EFFECTIVE DATE.—A termination of an In9 dian trust asset management plan under paragraph 

10 (1) takes effect on October 1 of the first fiscal year 

11 following the date on which a notice is provided to 

12 the Secretary under paragraph (1)(A). 

13 SEC. 205. EFFECT OF TITLE. 

14 (a) LIABILITY.—Nothing in this title, or a trust asset 

15 management plan approved under section 204, shall inde16 pendently diminish, increase, create, or otherwise affect 

17 the liability of the United States or an Indian tribe partici18 pating in the Project for any loss resulting from the man19 agement of an Indian trust asset under an Indian trust 

20 asset management plan. 

21 (b) EFFECT ON OTHER LAWS.—Except for any regu22 lation superseded by a trust asset management plan ap23 proved under section 204, nothing in this title amends or 

24 otherwise affects the application of any treaty, statute, 

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1 cable to Indian trust assets or the management or admin2 istration of Indian trust assets. 

3 (c) TRUST RESPONSIBILITY.—Nothing in this title 

4 diminishes or otherwise affects the trust responsibility of 

5 the United States to Indian tribes and individual Indians. 

6 TITLE III—RESTRUCTURING BU7 REAU OF INDIAN AFFAIRS 

8 AND OFFICE OF SPECIAL 

9 TRUSTEE 

10 SEC. 301. PURPOSE. 

11 The purpose of this title is to ensure a more effective 

12 and accountable administration of duties of the Secretary 

13 of the Interior with respect to providing services and pro14 grams to Indians and Indian tribes, including the manage15 ment of Indian trust resources. 

16 SEC. 302. DEFINITIONS. 

17 In this title: 

18 (1) BUREAU.—The term ‘‘Bureau’’ means the 

19 Bureau of Indian Affairs. 

20 (2) OFFICE.—The term ‘‘Office’’ means the Of21 fice of Trust Reform Implementation and Oversight 

22 referred to in section 303(c). 

23 (3) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of the Interior. 


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1 (4) UNDER SECRETARY.—The term ‘‘Under 

2 Secretary’’ means the individual appointed to the po3 sition of Under Secretary for Indian Affairs, estab4 lished by section 303(a). 

5 SEC. 303. UNDER SECRETARY FOR INDIAN AFFAIRS. 

6 (a) ESTABLISHMENT OF POSITION.—There is estab7 lished in the Department of the Interior the position of 

8 Under Secretary for Indian Affairs, who shall report di9 rectly to the Secretary. 

10 (b) APPOINTMENT.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), the Under Secretary shall be appointed 

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

14 of the Senate. 

15 (2) EXCEPTION.—The officer serving as the As16 sistant Secretary for Indian Affairs on the date of 

17 enactment of this Act may assume the position of 

18 Under Secretary without appointment under para19 graph (1) if— 

20 (A) the officer was appointed as Assistant 

21 Secretary for Indian Affairs, by the President 

22 by and with the advice and consent of the Sen23 ate; and 


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1 (B) not later than 180 days after the date 

2 of enactment of this Act, the Secretary ap3 proves the assumption. 

4 (c) DUTIES.—In addition to the duties transferred to 

5 the Under Secretary under sections 304 and 305, the 

6 Under Secretary, acting through an Office of Trust Re7 form Implementation and Oversight, shall— 

8 (1) carry out any activity relating to trust fund 

9 accounts and trust resource management of the Bu10 reau (except any activity carried out under the Of11 fice of the Special Trustee for American Indians be12 fore the date on which the Office of the Special 

13 Trustee is abolished), in accordance with the Amer14 ican Indian Trust Fund Management Reform Act of 

15 1994 (25 U.S.C. 4001 et seq.); 

16 (2) develop and maintain an inventory of Indian 

17 trust assets and resources; 

18 (3) coordinate with the Special Trustee for 

19 American Indians to ensure an orderly transition of 

20 the functions of the Special Trustee under section 

21 305; 

22 (4) supervise any activity carried out by the De23 partment of the Interior relating to Indian affairs, 

24 including— 


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1 (A) to the extent that the activities relate 

2 to Indian affairs, activities carried out by— 

3 (i) the Commissioner of Reclamation; 

4 (ii) the Director of the Bureau of 

5 Land Management; 

6 (iii) the Director of the Office of Nat7 ural Resources Revenue; 

8 (iv) the Director of the National Park 

9 Service; and 

10 (v) the Director of the U.S. Fish and 

11 Wildlife Service; and 

12 (B) intergovernmental relations between 

13 the Bureau and Indian tribal governments; 

14 (5) to the maximum extent practicable, coordi15 nate activities and policies of the Bureau with activi16 ties and policies of— 

17 (A) the Bureau of Reclamation; 

18 (B) the Bureau of Land Management; 

19 (C) the Office of Natural Resources Rev20 enue; 

21 (D) the National Park Service; and 

22 (E) the U.S. Fish and Wildlife Service; 

23 (6) provide for regular consultation with Indi24 ans and Indian tribes that own interests in trust re25 sources and trust fund accounts; 


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1 (7) manage and administer Indian trust re2 sources in accordance with any applicable Federal 

3 law; 

4 (8) take steps to protect the security of data re5 lating to individual Indian and Indian tribal trust 

6 accounts; and 

7 (9) take any other measure the Under Sec8 retary determines to be necessary with respect to In9 dian affairs. 

10 SEC. 304. TRANSFER OF FUNCTIONS OF ASSISTANT SEC11 RETARY FOR INDIAN AFFAIRS. 

12 (a) TRANSFER OF FUNCTIONS.—There is transferred 

13 to the Under Secretary any function of the Assistant Sec14 retary for Indian Affairs that has not been carried out 

15 by the Assistant Secretary as of the date of enactment 

16 of this Act. 

17 (b) DETERMINATIONS OF CERTAIN FUNCTIONS BY

18 THE OFFICE OF MANAGEMENT AND BUDGET.—If nec19 essary, the Office of Management and Budget shall make 

20 any determination relating to the functions transferred 

21 under subsection (a). 

22 (c) PERSONNEL PROVISIONS.— 

23 (1) APPOINTMENTS.—The Under Secretary 

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1 mines to be necessary to carry out any function 

2 transferred under this section. 

3 (2) REQUIREMENTS.—Except as otherwise pro4 vided by law— 

5 (A) an officer or employee described in 

6 paragraph (1) shall be appointed in accordance 

7 with the civil service laws; and 

8 (B) the compensation of the officer or em9 ployee shall be fixed in accordance with title 5, 

10 United States Code. 

11 (d) DELEGATION AND ASSIGNMENT.— 

12 (1) IN GENERAL.—Except as otherwise ex13 pressly prohibited by law or otherwise provided by 

14 this section, the Under Secretary may— 

15 (A) delegate any of the functions trans16 ferred to the Under Secretary by this section 

17 and any function transferred or granted to the 

18 Under Secretary after the date of enactment of 

19 this Act to such officers and employees of the 

20 Office as the Under Secretary may designate; 

21 and 

22 (B) authorize successive redelegations of 

23 such functions as the Under Secretary deter24 mines to be necessary. 


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1 (2) DELEGATION.—No delegation of functions 

2 by the Under Secretary under this section shall re3 lieve the Under Secretary of responsibility for the 

4 administration of the functions. 

5 (e) REORGANIZATION.—The Under Secretary may— 

6 (1) allocate or reallocate any function trans7 ferred under this section among the officers of the 

8 Office; and 

9 (2) establish, consolidate, alter, or discontinue 

10 such organizational entities in the Office, as the 

11 Under Secretary determines to be necessary. 

12 (f) RULES.—The Under Secretary may prescribe, in 

13 accordance with the provisions of chapters 5 and 6 of title 

14 5, United States Code, such rules and regulations as the 

15 Under Secretary determines to be necessary to administer 

16 and manage the functions of the Office. 

17 (g) TRANSFER AND ALLOCATIONS OF APPROPRIA18 TIONS AND PERSONNEL.— 

19 (1) IN GENERAL.—Except as otherwise pro20 vided in this section, the personnel employed in con21 nection with, and the assets, liabilities, contracts, 

22 property, records, and unexpended balances of ap23 propriations, authorizations, allocations, and other 

24 funds employed, used, held, arising from, available 

25 to, or to be made available in connection with, the 


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1 functions transferred by this section, subject to sec2 tion 1531 of title 31, United States Code, shall be 

3 transferred to the Office. 

4 (2) UNEXPENDED FUNDS.—Unexpended funds 

5 transferred pursuant to this subsection shall be used 

6 only for the purposes for which the funds were origi7 nally authorized and appropriated. 

8 (h) INCIDENTAL TRANSFERS.— 

9 (1) IN GENERAL.—To carry out this section, 

10 the Director of the Office of Management and Budg11 et, at any time the Director may provide, may— 

12 (A) make such determinations as are nec13 essary with regard to the functions transferred 

14 by this section; and 

15 (B) make such additional incidental dis16 positions of personnel, assets, liabilities, grants, 

17 contracts, property, records, and unexpended 

18 balances of appropriations, authorizations, allo19 cations, and other funds held, used, arising 

20 from, available to, or to be made available in 

21 connection with such functions, as are nec22 essary. 

23 (2) TERMINATION OF AFFAIRS.—The Director 

24 of the Office of Management and Budget shall pro25 vide for the termination of the affairs of all entities 


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1 terminated by this section and for any further meas2 ures and dispositions as are necessary to effectuate 

3 the purposes of this section. 

4 (i) EFFECT ON PERSONNEL.— 

5 (1) IN GENERAL.—Except as otherwise pro6 vided by this section, the transfer pursuant to this 

7 section of full-time personnel (except special Govern8 ment employees) and part-time personnel holding 

9 permanent positions shall not cause any such em10 ployee to be separated or reduced in grade or com11 pensation for a period of at least 1 year after the 

12 date of transfer of the employee under this section. 

13 (2) EXECUTIVE SCHEDULE POSITIONS.—Except 

14 as otherwise provided in this section, any person 

15 who, on the day preceding the date of enactment of 

16 this Act, held a position compensated in accordance 

17 with the Executive Schedule prescribed in chapter 

18 53 of title 5, United States Code, and who, without 

19 a break in service, is appointed to a position in the 

20 Office having duties comparable to the duties per21 formed immediately preceding such appointment 

22 shall continue to be compensated in the new position 

23 at not less than the rate provided for the previous 

24 position, for the duration of the service of the person 

25 in the new position. 


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1 (3) TERMINATION OF CERTAIN POSITIONS.— 

2 Positions whose incumbents are appointed by the 

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

4 Senate, the functions of which are transferred by 

5 this title, shall terminate on the date of enactment 

6 of this Act. 

7 (j) SEPARABILITY.—If a provision of this section or 

8 the application of this section to any person or cir9 cumstance is held invalid, neither the remainder of this 

10 section nor the application of the provision to other per11 sons or circumstances shall be affected. 

12 (k) TRANSITION.—The Under Secretary may use— 

13 (1) the services of the officers, employees, and 

14 other personnel of the Assistant Secretary for Indian 

15 Affairs relating to functions transferred to the Office 

16 by this section; and 

17 (2) funds appropriated to the functions trans18 ferred to the Office by this section for such period 

19 of time as may reasonably be needed to facilitate the 

20 orderly implementation of this section. 

21 (l) REFERENCES.—Any reference in a Federal law, 

22 Executive order, rule, regulation, delegation of authority, 

23 or document relating to the Assistant Secretary for Indian 

24 Affairs, with respect to functions transferred under this 


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1 section, shall be deemed to be a reference to the Under 

2 Secretary. 

3 (m) RECOMMENDED LEGISLATION.—Not later than 

4 180 days after the effective date of this title, the Under 

5 Secretary, in consultation with the appropriate committees 

6 of Congress and the Director of the Office of Management 

7 and Budget, shall submit to Congress any recommenda8 tions relating to additional technical and conforming 

9 amendments to Federal law to reflect the changes made 

10 by this section. 

11 (n) EFFECT OF SECTION.— 

12 (1) CONTINUING EFFECT OF LEGAL DOCU13 MENTS.—Any legal document relating to a function 

14 transferred by this section that is in effect on the 

15 date of enactment of this Act shall continue in effect 

16 in accordance with the terms of the document until 

17 the document is modified or terminated by— 

18 (A) the President; 

19 (B) the Under Secretary; 

20 (C) a court of competent jurisdiction; or 

21 (D) operation of Federal or State law. 

22 (2) PROCEEDINGS NOT AFFECTED.—This sec23 tion shall not affect any proceeding (including a no24 tice of proposed rulemaking, an administrative pro25 ceeding, and an application for a license, permit, 


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1 certificate, or financial assistance) relating to a 

2 function transferred under this section that is pend3 ing before the Assistant Secretary on the date of en4 actment of this Act. 

5 SEC. 305. OFFICE OF SPECIAL TRUSTEE FOR AMERICAN IN6 DIANS. 

7 (a) TERMINATION.—Notwithstanding sections 302 

8 and 303 of the American Indian Trust Fund Management 

9 Reform Act of 1994 (25 U.S.C. 4042; 4043), the Office 

10 of Special Trustee for American Indians shall terminate 

11 on the effective date of this section. 

12 (b) TRANSFER OF FUNCTIONS.—There is transferred 

13 to the Under Secretary any function of the Special Trustee 

14 for American Indians that has not been carried out by 

15 the Special Trustee as of the effective date of this section. 

16 (c) DETERMINATIONS OF CERTAIN FUNCTIONS BY

17 THE OFFICE OF MANAGEMENT AND BUDGET.—If nec18 essary, the Office of Management and Budget shall make 

19 any determination relating to the functions transferred 

20 under subsection (b). 

21 (d) PERSONNEL PROVISIONS.— 

22 (1) APPOINTMENTS.—The Under Secretary 

23 may appoint and fix the compensation of such offi24 cers and employees as the Under Secretary deterVerDate Mar 15 2010 01:42 Feb 07, 2013 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S165.IS S165

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1 mines to be necessary to carry out any function 

2 transferred under this section. 

3 (2) REQUIREMENTS.—Except as otherwise pro4 vided by law— 

5 (A) any officer or employee described in 

6 paragraph (1) shall be appointed in accordance 

7 with the civil service laws; and 

8 (B) the compensation of such an officer or 

9 employee shall be fixed in accordance with title 

10 5, United States Code. 

11 (e) DELEGATION AND ASSIGNMENT.— 

12 (1) IN GENERAL.—Except as otherwise ex13 pressly prohibited by law or otherwise provided by 

14 this section, the Under Secretary may— 

15 (A) delegate any of the functions trans16 ferred to the Under Secretary under this sec17 tion and any function transferred or granted to 

18 the Under Secretary after the effective date of 

19 this section to such officers and employees of 

20 the Office as the Under Secretary may des21 ignate; and 

22 (B) authorize successive redelegations of 

23 the functions as are necessary. 

24 (2) DELEGATION.—No delegation of functions 

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1 lieve the Under Secretary of responsibility for the 

2 administration of the functions. 

3 (f) REORGANIZATION.—The Under Secretary may— 

4 (1) allocate or reallocate any function trans5 ferred under subsection (b) among the officers of the 

6 Office; and 

7 (2) establish, consolidate, alter, or discontinue 

8 such organizational entities in the Office as the 

9 Under Secretary determines to be necessary. 

10 (g) RULES.—The Under Secretary may prescribe, in 

11 accordance with the provisions of chapters 5 and 6 of title 

12 5, United States Code, such rules and regulations as the 

13 Under Secretary determines to be necessary to administer 

14 and manage the functions of the Office. 

15 (h) TRANSFER AND ALLOCATIONS OF APPROPRIA16 TIONS AND PERSONNEL.—Except as otherwise provided 

17 in this section, the personnel employed in connection with, 

18 and the assets, liabilities, contracts, property, records, and 

19 unexpended balances of appropriations, authorizations, al20 locations, and other funds employed, used, held, arising 

21 from, available to, or to be made available in connection 

22 with the functions transferred by this section, subject to 

23 section 1531 of title 31, United States Code, shall be 

24 transferred to the Office. 

25 (i) INCIDENTAL TRANSFERS.— 


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1 (1) IN GENERAL.—To carry out this section, 

2 the Director of the Office of Management and Budg3 et, at any time the Director may provide, may— 

4 (A) make such determinations as are nec5 essary with regard to the functions transferred 

6 by this section; and 

7 (B) make such additional incidental dis8 positions of personnel, assets, liabilities, grants, 

9 contracts, property, records, and unexpended 

10 balances of appropriations, authorizations, allo11 cations, and other funds held, used, arising 

12 from, available to, or to be made available in 

13 connection with such functions, as are nec14 essary. 

15 (2) TERMINATION OF AFFAIRS.—The Director 

16 of the Office of Management and Budget shall pro17 vide for the termination of the affairs of all entities 

18 terminated by this section and for any further meas19 ures and dispositions as are necessary to effectuate 

20 the purposes of this section. 

21 (j) EFFECT ON PERSONNEL.— 

22 (1) IN GENERAL.—Except as otherwise pro23 vided by this section, the transfer pursuant to this 

24 section of full-time personnel (except special Govern25 ment employees) and part-time personnel holding 


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1 permanent positions shall not cause any such em2 ployee to be separated or reduced in grade or com3 pensation for a period of at least 1 year after the 

4 date of transfer of the employee under this section. 

5 (2) EXECUTIVE SCHEDULE POSITIONS.—Except 

6 as otherwise provided in this section, any person 

7 who, on the day preceding the effective date of this 

8 section, held a position compensated in accordance 

9 with the Executive Schedule prescribed in chapter 

10 53 of title 5, United States Code, and who, without 

11 a break in service, is appointed to a position in the 

12 Office having duties comparable to the duties per13 formed immediately preceding such appointment, 

14 shall continue to be compensated in the new position 

15 at not less than the rate provided for the previous 

16 position, for the duration of the service of the person 

17 in the new position. 

18 (3) TERMINATION OF CERTAIN POSITIONS.— 

19 Positions the incumbents of which are appointed by 

20 the President, by and with the advice and consent 

21 of the Senate, and the functions of which are trans22 ferred by this title, shall terminate on the effective 

23 date of this section. 

24 (k) SEPARABILITY.—If a provision of this section or 

25 the application of this section to any person or cirVerDate Mar 15 2010 01:42 Feb 07, 2013 Jkt 029200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S165.IS S165

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1 cumstance is held invalid, neither the remainder of this 

2 section nor the application of the provision to other per3 sons or circumstances shall be affected. 

4 (l) TRANSITION.—The Under Secretary may use— 

5 (1) the services of the officers, employees, and 

6 other personnel of the Special Trustee relating to 

7 functions transferred to the Office by this section; 

8 and 

9 (2) funds appropriated to those functions for 

10 such period of time as may reasonably be needed to 

11 facilitate the orderly implementation of this section. 

12 (m) REFERENCES.—Any reference in a Federal law, 

13 Executive order, rule, regulation, delegation of authority, 

14 or document relating to the Special Trustee, with respect 

15 to functions transferred under this section, shall be 

16 deemed to be a reference to the Under Secretary. 

17 (n) RECOMMENDED LEGISLATION.—Not later than 

18 180 days after the effective date of this title, the Under 

19 Secretary, in consultation with the appropriate committees 

20 of Congress and the Director of the Office of Management 

21 and Budget, shall submit to Congress any recommenda22 tions relating to additional technical and conforming 

23 amendments to Federal law to reflect the changes made 

24 by this section. 

25 (o) EFFECT OF SECTION.— 


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1 (1) CONTINUING EFFECT OF LEGAL DOCU2 MENTS.—Any legal document relating to a function 

3 transferred by this section that is in effect on the ef4 fective date of this section shall continue in effect in 

5 accordance with the terms of the document until the 

6 document is modified or terminated by— 

7 (A) the President; 

8 (B) the Under Secretary; 

9 (C) a court of competent jurisdiction; or 

10 (D) operation of Federal or State law. 

11 (2) PROCEEDINGS NOT AFFECTED.—This sec12 tion shall not affect any proceeding (including a no13 tice of proposed rulemaking, an administrative pro14 ceeding, and an application for a license, permit, 

15 certificate, or financial assistance) relating to a 

16 function transferred under this section that is pend17 ing before the Special Trustee on the effective date 

18 of this section. 

19 (p) EFFECTIVE DATE.—This section shall take effect 

20 on the earlier of— 

21 (1) April 1, 2014; or 

22 (2) 180 days after the date of enactment of this 

23 Act. 


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1 SEC. 306. COST SAVINGS RECOMMENDATIONS. 

2 (a) COST SAVINGS IDENTIFICATION.—Not later than 

3 60 days after the effective date referred to in section 

4 305(p), the Under Secretary shall initiate procedures to— 

5 (1) identify the programs, functions, services, 

6 and activities (or any portions of programs, func7 tions, services, or activities) that the Under Sec8 retary will not have to operate or carry out as a re9 sult of any transfer of functions and personnel under 

10 section 305; 

11 (2) identify the amounts that the Secretary 

12 would have otherwise expended to operate or carry 

13 out each program, function, service, and activity (or 

14 any portion of a program, function, service, or activ15 ity) identified pursuant to paragraph (1); and 

16 (3) provide to the Secretary and the tribal rep17 resentatives of the Tribal/Interior Budget Council, 

18 not later than 120 days after the effective date re19 ferred to in section 305(p), a list of the programs, 

20 functions, services, and activities (or any portions of 

21 programs, functions, services, or activities) identified 

22 pursuant paragraph (1) and the amounts associated 

23 with each program, function, service, and activity (or 

24 any portion of a program, function, service, or activ25 ity) identified pursuant to paragraph (2). 


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1 (b) TRIBAL RECOMMENDATIONS.—Not later than 

2 120 days after the date on which the tribal representatives 

3 receive the information described in subsection (a)(3), the 

4 tribal representatives of the Tribal/Interior Budget Coun5 cil may provide recommendations to the Secretary and the 

6 Office of Management and Budget on how any amounts 

7 or cost savings should be reallocated and incorporated into 

8 future budget requests. 

9 SEC. 307. HIRING PREFERENCE. 

10 In appointing or otherwise hiring any employee to the 

11 Office, the Under Secretary shall give preference to Indi12 ans in accordance with section 12 of the Act of June 8, 

13 1934 (25 U.S.C. 472). 

Æ 


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