I 

114TH CONGRESS 

1ST SESSION H. R. 812 

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

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 9, 2015 

Mr. SIMPSON (for himself, Mr. COLE, and Mr. HECK of Washington) introduced the following bill; which was referred to the Committee on Natural 

Resources 

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. 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 812 IH

TITLE II—INDIAN TRUST ASSET MANAGEMENT DEMONSTRATION 

PROJECT ACT 

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 OFFICE OF THE SPECIAL TRUSTEE 

Sec. 301. Purpose. 

Sec. 302. Definitions. 

Sec. 303. Under Secretary for Indian Affairs. 

Sec. 304. Office of the Special Trustee for American Indians. 

Sec. 305. Appraisals and valuations. 

Sec. 306. Cost savings. 

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 are founded in part on specific com17 mitments made through written treaties and agreeVerDate Sep 11 2014 02:02 Feb 14, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H812.IH H812

SSpencer on DSK4SPTVN1PROD with BILLS
3 

•HR 812 IH

1 ments securing peace, in exchange for which Indians 

2 have surrendered claims to vast tracts of land, which 

3 provided legal consideration for permanent, ongoing 

4 performance of Federal trust duties; and 

5 (3) the foregoing historic Federal-tribal rela6 tions and understandings have benefitted the people 

7 of the United States as a whole for centuries and es8 tablished enduring and enforceable Federal obliga9 tions to which the national honor has been com10 mitted. 

11 SEC. 102. CONGRESSIONAL REAFFIRMATION OF POLICY. 

12 Pursuant to its constitutionally vested authority over 

13 Indian affairs, the Congress hereby reaffirms that the 

14 United States fiduciary responsibilities to Indian tribes in15 clude and are not limited by a duty to promote tribal self16 determination regarding governmental authority and eco17 nomic development. 

18 TITLE II—INDIAN TRUST ASSET 

19 MANAGEMENT DEMONSTRA20 TION PROJECT ACT 

21 SEC. 201. SHORT TITLE. 

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

23 Management Demonstration Project Act of 2015’’. 

24 SEC. 202. DEFINITIONS. 

25 In this title: 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•HR 812 IH

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

2 Indian trust asset management demonstration 

3 project established under section 203(a). 

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

5 means an Indian tribe that— 

6 (A) is federally recognized; and 

7 (B) submits an application under section 

8 203(c). 

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

10 the Secretary of the Interior. 

11 SEC. 203. ESTABLISHMENT OF DEMONSTRATION PROJECT; 

12 SELECTION OF PARTICIPATING INDIAN 

13 TRIBES. 

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

15 carry out an Indian trust asset management demonstra16 tion project, in accordance with this title. 

17 (b) SELECTION OF PARTICIPATING INDIAN

18 TRIBES.— 

19 (1) INDIAN TRIBES.— 

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

21 be eligible to participate in the Project if— 

22 (i) the Indian tribe submits to the 

23 Secretary an application under subsection 

24 (c); and 


SSpencer on DSK4SPTVN1PROD with BILLS
5 

•HR 812 IH

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 con22 sider an application under this subsection only if the 

23 application— 

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

25 appropriate action by the governing body of the 


SSpencer on DSK4SPTVN1PROD with BILLS
6 

•HR 812 IH

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 10 years after the date of enactment of 

9 this Act, but may be extended at the discretion of the Sec10 retary. 

11 SEC. 204. INDIAN TRUST ASSET MANAGEMENT PLAN. 

12 (a) PROPOSED PLAN.— 

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

14 Indian tribe receives a notice from the Secretary 

15 under section 203(b)(2), the Indian tribe shall sub16 mit to the Secretary a proposed Indian trust asset 

17 management plan in accordance with paragraph (2). 

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

19 management plan shall include provisions that— 

20 (A) identify the trust assets that will be 

21 subject to the plan; 

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

24 that are located within the reservation, or othVerDate Sep 11 2014 02:02 Feb 14, 2015 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H812.IH H812

SSpencer on DSK4SPTVN1PROD with BILLS
7 

•HR 812 IH

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 practices and proce16 dures that the Indian tribe will follow; 

17 (E) establish procedures for nonbinding 

18 mediation or resolution of any dispute between 

19 the Indian tribe and the United States relating 

20 to the trust asset management plan; 

21 (F) include a process for the Indian tribe 

22 and the Federal agencies affected by the trust 

23 asset management plan to conduct evaluations 

24 to ensure that trust assets are being managed 

25 in accordance with the plan; and 


SSpencer on DSK4SPTVN1PROD with BILLS
8 

•HR 812 IH

1 (G) identify any Federal regulations that 

2 will be superseded by the plan; 

3 (3) TECHNICAL ASSISTANCE AND INFORMA4 TION.—The Secretary shall provide to an Indian 

5 tribe any technical assistance and information, in6 cluding budgetary information, that the Indian tribe 

7 determines to be necessary for preparation of a pro8 posed plan on receipt of a written request from the 

9 Indian tribe. 

10 (b) APPROVAL AND DISAPPROVAL OF PROPOSED

11 PLANS.— 

12 (1) APPROVAL.— 

13 (A) IN GENERAL.—Not later than 120 

14 days after the date on which an Indian tribe 

15 submits a proposed Indian trust asset manage16 ment plan under subsection (a), the Secretary 

17 shall approve or disapprove the proposed plan. 

18 (B) REQUIREMENTS FOR DISAPPROVAL.— 

19 The Secretary shall approve a proposed plan 

20 unless the Secretary determines that— 

21 (i) the proposed plan fails to address 

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

23 (ii) the proposed plan includes one or 

24 more provisions that are inconsistent with 

25 subsection (c); or 


SSpencer on DSK4SPTVN1PROD with BILLS
9 

•HR 812 IH

1 (iii) the cost of implementing the pro2 posed plan exceeds the amount of funding 

3 available for the management of trust as4 sets that would be subject to the proposed 

5 plan. 

6 (2) ACTION ON DISAPPROVAL.— 

7 (A) NOTICE.—If the Secretary disapproves 

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

9 Secretary shall provide to the Indian tribe a 

10 written notice of the disapproval, including any 

11 reason why the proposed plan was disapproved. 

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

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

14 the Indian tribe may resubmit an amended pro15 posed plan not later than 90 days after the date 

16 on which the Indian tribe receives the notice 

17 under subparagraph (A). 

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

19 the Secretary fails to approve or disapprove a pro20 posed plan in accordance with paragraph (1), the 

21 plan shall be considered to be approved. 

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

23 seek judicial review of the determination of the Sec24 retary in accordance with subchapter II of chapter 

25 5, and chapter 7, of title 5, United States Code 


SSpencer on DSK4SPTVN1PROD with BILLS
10 

•HR 812 IH

1 (commonly known as the ‘‘Administrative Procedure 

2 Act’’) if— 

3 (A) the Secretary disapproves the proposed 

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

5 (3); and 

6 (B) the Indian tribe has exhausted any 

7 other administrative remedy available to the In8 dian tribe. 

9 (c) APPLICABLE LAWS; STANDARDS; TRUST RE10 SPONSIBILITY.— 

11 (1) APPLICABLE LAWS.—Except as provided in 

12 subsection (e), an Indian trust asset management 

13 plan, and any activity carried out under the plan, 

14 shall not be approved unless the proposed plan is 

15 consistent with all treaties, statutes, Executive or16 ders, and court decisions that are applicable to the 

17 trust assets, or the management of the trust assets, 

18 identified in the plan. 

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

20 to in paragraph (1)(A), an Indian trust asset man21 agement plan shall not be approved unless the Sec22 retary determines that the plan will— 

23 (A) conform, to the maximum extent prac24 ticable, to the preferred use of the trust asset 

25 by the beneficial owner, unless the use is inconVerDate Sep 11 2014 02:02 Feb 14, 2015 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H812.IH H812

SSpencer on DSK4SPTVN1PROD with BILLS
11 

•HR 812 IH

1 sistent with a treaty, statute, Executive order, 

2 or court decision referred to in paragraph 

3 (1)(A); and 

4 (B) protect any applicable treaty-based 

5 fishing, hunting and gathering, and similar 

6 rights relating to the use, access, or enjoyment 

7 of a trust asset. 

8 (d) TERMINATION OF PLAN.— 

9 (1) IN GENERAL.—An Indian tribe may termi10 nate an Indian trust asset management plan on any 

11 date after the date on which a proposed Indian trust 

12 asset management plan is approved by providing to 

13 the Secretary— 

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

15 tribe to terminate the plan; and 

16 (B) a resolution of the governing body of 

17 the Indian tribe authorizing the termination of 

18 the plan. 

19 (2) EFFECTIVE DATE.—A termination of an In20 dian trust asset management plan under paragraph 

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

22 following the date on which a notice is provided to 

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

24 (e) APPROVAL OF CERTAIN AGREEMENTS BY INDIAN

25 TRIBE.— 


SSpencer on DSK4SPTVN1PROD with BILLS
12 

•HR 812 IH

1 (1) IN GENERAL.—Notwithstanding subsection 

2 (c)(1), the Secretary may approve an Indian trust 

3 asset management plan that includes a provision au4 thorizing the Indian tribe to enter into, approve and 

5 carry out a surface leasing transaction or forest land 

6 management activity without approval of the Sec7 retary, even though the surface leasing transaction 

8 or forest land management activity would require 

9 such approval under otherwise applicable law (in10 cluding regulations), if— 

11 (A) the resolution of other action of the 

12 governing body of the Indian tribe referred to 

13 in section 203(c)(2)(B) expressly authorizes the 

14 inclusion of such provision in the Indian trust 

15 asset management plan; 

16 (B) the Indian tribe has adopted regula17 tions expressly incorporated by reference into 

18 the Indian trust asset management plan that— 

19 (i) with respect to a surface leasing 

20 transaction— 

21 (I) have been approved by the 

22 Secretary pursuant to subsection 

23 (h)(4) of the first section of the Act of 

24 August 9, 1955 (25 U.S.C. 415(h)(4) 

25 titled ‘‘An Act to authorizes the leasVerDate Sep 11 2014 02:02 Feb 14, 2015 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H812.IH H812

SSpencer on DSK4SPTVN1PROD with BILLS
13 

•HR 812 IH

1 ing of restricted Indian lands for pub2 lic, religious, educational, recreational, 

3 residential, business, and other pur4 poses requiring the grant of long-term 

5 leases’’ 415(h)(4)), or 

6 (II) have not been approved yet 

7 by the Secretary in accordance with 

8 subclause (I) but that the Secretary 

9 determines at or prior to the time of 

10 approval under this paragraph meet 

11 the requirements of subsection (h)(3) 

12 of the first section of that Act (25 

13 U.S.C. 415(h)(3); or 

14 (ii) with respect to forest land man15 agement activities, the Secretary deter16 mines— 

17 (I) are consistent with the regu18 lations of the Secretary adopted under 

19 the National Indian Forest Resources 

20 Management Act (25 U.S.C. 3101 et 

21 seq.); and 

22 (II) provide for an environmental 

23 review process that includes— 

24 (aa) the identification and 

25 evaluation of any significant efVerDate Sep 11 2014 02:02 Feb 14, 2015 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H812.IH H812

SSpencer on DSK4SPTVN1PROD with BILLS
14 

•HR 812 IH

1 fects of the proposed action on 

2 the environment; and 

3 (bb) a process for ensuring 

4 that— 

5 (AA) the public is in6 formed of, and has a reason7 able opportunity to comment 

8 on, any significant environ9 mental impacts of the pro10 posed forest land manage11 ment activity identified by 

12 the Indian tribe; and 

13 (BB) the Indian tribe 

14 provides responses to rel15 evant and substantive public 

16 comments on any such im17 pacts before the Indian tribe 

18 approves the timber resource 

19 transaction. 

20 (2) KINDS OF TRANSACTIONS.— 

21 (A) IN GENERAL.—At the discretion of the 

22 Indian tribe, an Indian trust asset management 

23 plan may authorize the Indian tribe to carry 

24 out either a surface leasing transaction or a forVerDate Sep 11 2014 02:02 Feb 14, 2015 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H812.IH H812

SSpencer on DSK4SPTVN1PROD with BILLS
15 

•HR 812 IH

1 est land management activity, or both of those 

2 kinds of transactions and activities. 

3 (B) SELECTION OF SPECIFIC TRANS4 ACTIONS AND ACTIVITIES.—At the discretion of 

5 the Indian tribe, the Indian tribe may include 

6 in the Integrated Resource Management Plan 

7 any one, several or all of the kinds of trans8 actions and activities authorized to be included 

9 in such plan under subparagraph (A). 

10 (3) TECHNICAL ASSISTANCE.—The Secretary 

11 may provide technical assistance, upon request of 

12 the Indian tribe, for development of a regulatory en13 vironmental review process required under para14 graph (1). 

15 (4) INDIAN SELF-DETERMINATION ACT.—The 

16 technical assistance to be provided by the Secretary 

17 pursuant to paragraph (2) may be made available 

18 through contracts, grants, or agreements entered 

19 into in accordance with, and made available to enti20 ties eligible for, such contracts, grants, or agree21 ments under the Indian Self-Determination Act (25 

22 U.S.C. 450 et seq.). 

23 (5) FEDERAL ENVIRONMENTAL REVIEW.—Not24 withstanding paragraph (1), if an Indian tribe car25 ries out a project or activity funded by a Federal 


SSpencer on DSK4SPTVN1PROD with BILLS
16 

•HR 812 IH

1 agency, the Indian tribe shall have the authority to 

2 rely on the environmental review process of the ap3 plicable Federal agency rather than any tribal envi4 ronmental review process under this subsection. 

5 (6) DOCUMENTATION.—If an Indian tribe exe6 cutes a surface leasing transaction or forest land 

7 management activity, pursuant to tribal regulations 

8 under paragraph (1), the Indian tribe shall provide 

9 the Secretary with— 

10 (A) a copy of the surface leasing trans11 action or forest land management activity docu12 ments, including any amendments to or renew13 als of the applicable transaction; and 

14 (B) in the case of tribal regulations, a sur15 face leasing transaction, or forest land manage16 ment activities that allow payments to be made 

17 directly to the Indian tribe, documentation of 

18 the payments that is sufficient to enable the 

19 Secretary to discharge the trust responsibility 

20 of the United States under paragraph (7). 

21 (7) TRUST RESPONSIBILITY.— 

22 (A) IN GENERAL.—The United States 

23 shall not be liable for losses sustained by any 

24 party to a lease executed pursuant to tribal reg25 ulations under paragraph (1). 


SSpencer on DSK4SPTVN1PROD with BILLS
17 

•HR 812 IH

1 (B) AUTHORITY OF SECRETARY.—Pursu2 ant to the authority of the Secretary to fulfill 

3 the trust obligation of the United States to the 

4 applicable Indian tribe under Federal law (in5 cluding regulations), the Secretary may, upon 

6 reasonable notice from the applicable Indian 

7 tribe and at the discretion of the Secretary, en8 force the provisions of, or cancel, any lease exe9 cuted by the Indian tribe under paragraph (1). 

10 (8) COMPLIANCE.— 

11 (A) IN GENERAL.—An interested party, 

12 after exhausting of any applicable tribal rem13 edies, may submit a petition to the Secretary, 

14 at such time and in such form as the Secretary 

15 determines to be appropriate, to review the 

16 compliance of the applicable Indian tribe with 

17 any tribal regulations approved by the Sec18 retary under this subsection. 

19 (B) VIOLATIONS.—If, after carrying out a 

20 review under subparagraph (A), the Secretary 

21 determines that the tribal regulations were vio22 lated, the Secretary may take any action the 

23 Secretary determines to be necessary to remedy 

24 the violation, including rescinding the approval 

25 of the tribal regulations and reassuming responVerDate Sep 11 2014 02:02 Feb 14, 2015 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H812.IH H812

SSpencer on DSK4SPTVN1PROD with BILLS
18 

•HR 812 IH

1 sibility for the approval of leases of tribal trust 

2 lands. 

3 (C) DOCUMENTATION.—If the Secretary 

4 determines that a violation of the tribal regula5 tions has occurred and a remedy is necessary, 

6 the Secretary shall— 

7 (i) make a written determination with 

8 respect to the regulations that have been 

9 violated; 

10 (ii) provide the applicable Indian tribe 

11 with a written notice of the alleged viola12 tion together with such written determina13 tion; and 

14 (iii) prior to the exercise of any rem15 edy, the rescission of the approval of the 

16 regulation involved, or the reassumption of 

17 the trust asset transaction approval re18 sponsibilities, provide the applicable Indian 

19 tribe with— 

20 (I) a hearing that is on the 

21 record; and 

22 (II) a reasonable opportunity to 

23 cure the alleged violation. 

24 (9) DEFINED TERMS.—As used in this sub25 section, the term— 


SSpencer on DSK4SPTVN1PROD with BILLS
19 

•HR 812 IH

1 (A) ‘‘interested party’’ means an Indian or 

2 non-Indian individual or corporation, or tribal 

3 or non-tribal government whose interests could 

4 be adversely affected by a tribal trust land leas5 ing decision made by an applicable Indian tribe; 

6 (B) ‘‘surface leasing transaction’’ means a 

7 residential, business, agricultural, or wind and 

8 solar resource lease of tribal land; 

9 (C) ‘‘forest land management activity’’ 

10 means any one or more of the activities set 

11 forth in section 304(4) of the National Indian 

12 Forest Resources Management Act (25 U.S.C. 

13 3101 et seq.); and 

14 (D) ‘‘tribal land’’ means land, the title to 

15 which is held in trust by the United States for 

16 the benefit of an Indian tribe or held in fee by 

17 an Indian tribe subject to restrictions against 

18 alienation under Federal law. 

19 SEC. 205. EFFECT OF TITLE. 

20 (a) LIABILITY.—Subject to subparagraph (b), noth21 ing in this title, or a trust asset management plan ap22 proved under section 204, shall independently diminish, 

23 increase, create, or otherwise affect the liability of the 

24 United States or an Indian tribe participating in the 

25 Project for any loss resulting from the management of an 


SSpencer on DSK4SPTVN1PROD with BILLS
20 

•HR 812 IH

1 Indian trust asset under an Indian trust asset manage2 ment plan. 

3 (b) DEVIATION FROM STANDARD PRACTICES.—The 

4 United States shall not be liable to any party (including 

5 any Indian tribe) for any term of, or any loss resulting 

6 from the terms of, an Indian trust asset management plan 

7 that provides for management of trust assets at a less 

8 stringent standard than the Secretary would otherwise re9 quire or adhere to in absence of an Indian trust asset 

10 management plan. 

11 (c) EFFECT ON OTHER LAWS.—Except for any regu12 lation superseded by a trust asset management plan ap13 proved under section 204(b), or any tribal regulations in14 cluded in or incorporated by reference in such a plan 

15 under section 204(e), nothing in this title amends or oth16 erwise affects the application of any treaty, statute, regu17 lation, Executive order, or court decision that is applicable 

18 to Indian trust assets or the management or administra19 tion of Indian trust assets. 

20 (d) TRUST RESPONSIBILITY.—Nothing in this title 

21 enhances, diminishes or otherwise affects the trust respon22 sibility of the United States to Indian tribes and individual 

23 Indians. 


SSpencer on DSK4SPTVN1PROD with BILLS
21 

•HR 812 IH

1 TITLE III—RESTRUCTURING OF2 FICE OF THE SPECIAL TRUST3 EE 

4 SEC. 301. PURPOSE. 

5 The purpose of this title is to ensure a more efficient 

6 and accountable administration of duties of the Secretary 

7 of the Interior with respect to providing services and pro8 grams to Indians and Indian tribes, including the manage9 ment of Indian trust resources. 

10 SEC. 302. DEFINITIONS. 

11 In this title: 

12 (1) BIA.—The term ‘‘BIA’’ means the Bureau 

13 of Indian Affairs. 

14 (2) DEPARTMENT.—The term ‘‘Department’’ 

15 means the Department of the Interior. 

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

17 the Secretary of the Interior. 

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

19 Secretary’’ means the individual appointed to the po20 sition of Under Secretary for Indian Affairs, estab21 lished by section 303(a). 

22 SEC. 303. UNDER SECRETARY FOR INDIAN AFFAIRS. 

23 (a) AUTHORIZATION OF POSITION.—Notwith24 standing any other provision of law, the Secretary may 

25 establish in the Department the position of Under SecVerDate Sep 11 2014 02:02 Feb 14, 2015 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H812.IH H812

SSpencer on DSK4SPTVN1PROD with BILLS
22 

•HR 812 IH

1 retary for Indian Affairs, who shall report directly to the 

2 Secretary. 

3 (b) APPOINTMENT.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), the Under Secretary shall be appointed 

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

7 of the Senate. 

8 (2) EXCEPTION.—The officer serving as the As9 sistant Secretary for Indian Affairs on the date of 

10 enactment of this Act may assume the position of 

11 Under Secretary without appointment under para12 graph (1) if— 

13 (A) the officer was appointed as Assistant 

14 Secretary for Indian Affairs by the President by 

15 and with the advice and consent of the Senate; 

16 and 

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

18 of enactment of this Act, the Secretary ap19 proves the assumption. 

20 (c) DUTIES.—In addition to any other duties directed 

21 by the Secretary, the Under Secretary shall— 

22 (1) coordinate with the Special Trustee for 

23 American Indians to ensure an orderly transition of 

24 any or all functions of the Special Trustee to the 


SSpencer on DSK4SPTVN1PROD with BILLS
23 

•HR 812 IH

1 BIA or to any other agency or bureau within the 

2 Department; 

3 (2) to the maximum extent practicable, super4 vise and coordinate activities and policies of the BIA 

5 with activities and policies of— 

6 (A) the Bureau of Reclamation; 

7 (B) the Bureau of Land Management; 

8 (C) the Office of Natural Resources Rev9 enue; 

10 (D) the National Park Service; and 

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

12 and 

13 (3) provide for regular consultation with Indi14 ans and Indian tribes that own interests in trust re15 sources and trust fund accounts. 

16 (d) PERSONNEL PROVISIONS.— 

17 (1) APPOINTMENTS.—The Under Secretary 

18 may appoint and fix the compensation of such offi19 cers and employees as the Under Secretary deter20 mines to be necessary to carry out any function 

21 transferred under this section. 

22 (2) REQUIREMENTS.—Except as otherwise pro23 vided by law— 


SSpencer on DSK4SPTVN1PROD with BILLS
24 

•HR 812 IH

1 (A) any officer or employee described in 

2 paragraph (1) shall be appointed in accordance 

3 with the civil service laws; 

4 (B) the compensation of such an officer or 

5 employee shall be fixed in accordance with title 

6 5, United States Code; and 

7 (C) in appointing or otherwise hiring any 

8 employee, the Under Secretary shall give pref9 erence to Indians in accordance with section 12 

10 of the Act of June 8, 1934 (25 U.S.C. 472). 

11 SEC. 304. OFFICE OF THE SPECIAL TRUSTEE FOR AMER12 ICAN INDIANS. 

13 (a) REPORT TO CONGRESS.—Notwithstanding sec14 tions 302 and 303 of the American Indian Trust Fund 

15 Management Reform Act of 1994 (25 U.S.C. 4042; 4043), 

16 the Secretary shall prepare and, after consultation with 

17 Indian tribes and appropriate Indian organizations, sub18 mit to the Secretary and the Committee on Natural Re19 sources of the House of Representatives, Committee on 

20 Indian Affairs of the Senate, and the House and Senate 

21 Committees on Appropriations, within one year after en22 actment of this Act, a report that includes the following: 

23 (1) Identification of all functions, other than 

24 the collection, management, and investment of In25 dian trust funds, that the Office of the Special 


SSpencer on DSK4SPTVN1PROD with BILLS
25 

•HR 812 IH

1 Trustee performs, either independently or in concert 

2 with the BIA or other federal agencies, specifically 

3 those functions that affect or relate to management 

4 of non-monetary trust resources; 

5 (2) A description of any functions of the Office 

6 of the Special Trustee that will be transitioned to 

7 the BIA or other bureaus or agencies within the De8 partment, together with applicable timeframes; and 

9 (3) A transition plan and timetable for the ter10 mination of the Office of the Special Trustee to 

11 occur not later than 2 years after the date of the re12 port. 

13 (b) FIDUCIARY TRUST OFFICERS.—Subject to appli14 cable law and regulations, the Secretary shall, at the re15 quest of an Indian tribe or consortia of Indian tribes, in16 clude fiduciary trust officers in a contract, compact, or 

17 cooperative agreement under the Indian Self-Determina18 tion and Education Assistance Act (Public Law 93–638), 

19 as amended. 

20 SEC. 305. APPRAISALS AND VALUATIONS. 

21 (a) IN GENERAL.—Within 18 months of enactment 

22 of this Act, the Secretary shall, in consultation with Indian 

23 tribes and tribal organizations, ensure that appraisals and 

24 valuations of Indian trust property are administered by 


SSpencer on DSK4SPTVN1PROD with BILLS
26 

•HR 812 IH

1 a single bureau, agency or other administrative entity 

2 within the Department. 

3 (b) MINIMUM QUALIFICATIONS.—Within one year of 

4 enactment of this Act, the Secretary shall establish and 

5 publish in the Federal Register minimum qualifications 

6 for persons to prepare appraisals and valuations of Indian 

7 trust property. 

8 (c) SECRETARIAL APPROVAL.—When an Indian tribe 

9 or Indian beneficiary submits an appraisal or valuation to 

10 the Secretary that satisfies the minimum qualifications in 

11 paragraph (2) and such submission acknowledges the tribe 

12 or beneficiary’s intent to have the appraisal or valuation 

13 considered under this subsection, the appraisal or valu14 ation— 

15 (1) shall not require any further Secretarial re16 view or approval; and 

17 (2) shall be considered final for purposes of ef18 fectuating the transaction for which the appraisal or 

19 valuation is required. 

20 SEC. 306. COST SAVINGS. 

21 (a) IN GENERAL.—For any program, function, serv22 ice, or activity (or any portions of programs, functions, 

23 services, or activities) of the Office of the Special Trustee 

24 that will not have to operate or carry out as a result of 


SSpencer on DSK4SPTVN1PROD with BILLS
27 

•HR 812 IH

1 any transfer of functions and personnel under this title, 

2 the Secretary shall, within 60 days— 

3 (1) identify the amounts that the Secretary 

4 would have otherwise expended to operate or carry 

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

6 any portion of a program, function, service, or activ7 ity); and 

8 (2) provide to the Secretary and the tribal rep9 resentatives of the Tribal/Interior Budget Council, 

10 or the representatives of any other appropriate enti11 ty that advises the Secretary on Indian program 

12 budget or funding issues, the list of the programs, 

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

14 programs, functions, services, or activities) identified 

15 pursuant paragraph (1) and the amounts associated 

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

17 any portion of a program, function, service, or activ18 ity). 

19 (b) TRIBAL RECOMMENDATIONS.—Within 90 days of 

20 receipt of the information in subsection (a)(2), the tribal 

21 representatives of the Tribal/Interior Budget Council, or 

22 the representatives of any other appropriate entity that 

23 advises the Secretary on Indian program budget or fund24 ing issues, may provide recommendations on how any 

25 amounts or cost savings should be reallocated, incorVerDate Sep 11 2014 02:02 Feb 14, 2015 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H812.IH H812

SSpencer on DSK4SPTVN1PROD with BILLS
28 

•HR 812 IH

1 porated into future budget requests, or appropriated, to 

2 the— 

3 (1) Secretary; 

4 (2) Office of Management and Budget; 

5 (3) Committee on Appropriations of the House 

6 of Representatives; 

7 (4) Committee on Natural Resources of the 

8 House Representatives; 

9 (5) Committee on Appropriations of the Senate; 

10 and 

11 (6) Committee on Indian Affairs of the Senate. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS