114TH CONGRESS 

2D SESSION H. R. 812 

AN ACT 

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

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

3 ‘‘Indian Trust Asset Reform Act’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—RECOGNITION OF TRUST RESPONSIBILITY 

Sec. 101. Findings. 

Sec. 102. Reaffirmation of policy. 

TITLE II—INDIAN TRUST ASSET MANAGEMENT DEMONSTRATION 

PROJECT 

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. Forest land management and surface leasing activities. 

Sec. 206. Effect of title. 

TITLE III—IMPROVING EFFICIENCY AND STREAMLINING 

PROCESSES 

Sec. 301. Purpose. 

Sec. 302. Definitions. 

Sec. 303. Under Secretary for Indian Affairs. 

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

Sec. 305. Appraisals and valuations. 

Sec. 306. Cost savings. 

6 TITLE I—RECOGNITION OF 

7 TRUST RESPONSIBILITY 

8 SEC. 101. FINDINGS. 

9 Congress finds that— 

10 (1) there exists a unique relationship between 

11 the Government of the United States and the gov12 ernments of Indian tribes; 
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1 (2) there exists a unique Federal responsibility 

2 to Indians; 

3 (3) through treaties, statutes, and historical re4 lations with Indian tribes, the United States has un5 dertaken a unique trust responsibility to protect and 

6 support Indian tribes and Indians; 

7 (4) the fiduciary responsibilities of the United 

8 States to Indians also are founded in part on spe9 cific commitments made through written treaties 

10 and agreements securing peace, in exchange for 

11 which Indians have surrendered claims to vast tracts 

12 of land, which provided legal consideration for per13 manent, ongoing performance of Federal trust du14 ties; and 

15 (5) the foregoing historic Federal-tribal rela16 tions and understandings have benefitted the people 

17 of the United States as a whole for centuries and 

18 have established enduring and enforceable Federal 

19 obligations to which the national honor has been 

20 committed. 

21 SEC. 102. REAFFIRMATION OF POLICY. 

22 Pursuant to the constitutionally vested authority of 

23 Congress over Indian affairs, Congress reaffirms that the 

24 responsibility of the United States to Indian tribes in-
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1 cludes a duty to promote tribal self-determination regard2 ing governmental authority and economic development. 

3 TITLE II—INDIAN TRUST ASSET 

4 MANAGEMENT DEMONSTRA5 TION PROJECT 

6 SEC. 201. SHORT TITLE. 

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

8 Management Demonstration Project Act of 2016’’. 

9 SEC. 202. DEFINITIONS. 

10 In this title: 

11 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

12 has the meaning given the term in the Indian Self13 Determination and Education Assistance Act (25 

14 U.S.C. 450b). 

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

16 Indian trust asset management demonstration 

17 project established under section 203(a). 

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

19 the Secretary of the Interior. 

20 SEC. 203. ESTABLISHMENT OF DEMONSTRATION PROJECT; 

21 SELECTION OF PARTICIPATING INDIAN 

22 TRIBES. 

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

24 carry out an Indian trust asset management demonstra25 tion project, in accordance with this title. 
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1 (b) SELECTION OF PARTICIPATING INDIAN

2 TRIBES.— 

3 (1) IN GENERAL.—An Indian tribe shall be eli4 gible to participate in the project if— 

5 (A) the Indian tribe submits to the Sec6 retary an application under subsection (c); and 

7 (B) the Secretary approves the application 

8 of the Indian tribe. 

9 (2) NOTICE.— 

10 (A) IN GENERAL.—The Secretary shall 

11 provide a written notice to each Indian tribe ap12 proved to participate in the project. 

13 (B) CONTENTS.—A notice under subpara14 graph (A) shall include— 

15 (i) a statement that the application of 

16 the Indian tribe has been approved by the 

17 Secretary; and 

18 (ii) a requirement that the Indian 

19 tribe shall submit to the Secretary a pro20 posed Indian trust asset management plan 

21 in accordance with section 204. 

22 (c) APPLICATION.— 

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

24 in the project, an Indian tribe shall submit to the 
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1 Secretary a written application in accordance with 

2 paragraph (2). 

3 (2) REQUIREMENTS.—The Secretary shall con4 sider an application under this subsection only if the 

5 application— 

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

7 appropriate action by the governing body of the 

8 Indian tribe, as determined by the Secretary, in 

9 support of or authorizing the application; 

10 (B) is received by the Secretary after the 

11 date of enactment of this Act; and 

12 (C) states that the Indian tribe is request13 ing to participate in the project. 

14 (d) DURATION.—The project— 

15 (1) shall remain in effect for a period of 10 

16 years after the date of enactment of this Act; but 

17 (2) may be extended at the discretion of the 

18 Secretary. 

19 SEC. 204. INDIAN TRUST ASSET MANAGEMENT PLAN. 

20 (a) PROPOSED PLAN.— 

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

22 Indian tribe receives a notice from the Secretary 

23 under section 203(b)(2), the Indian tribe shall sub24 mit to the Secretary a proposed Indian trust asset 

25 management plan in accordance with paragraph (2). 
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1 (2) CONTENTS.—A proposed Indian trust asset 

2 management plan shall include provisions that— 

3 (A) identify the trust assets that will be 

4 subject to the plan; 

5 (B) establish trust asset management ob6 jectives and priorities for Indian trust assets 

7 that are located within the reservation, or oth8 erwise subject to the jurisdiction, of the Indian 

9 tribe; 

10 (C) allocate trust asset management fund11 ing that is available for the Indian trust assets 

12 subject to the plan in order to meet the trust 

13 asset management objectives and priorities; 

14 (D) if the Indian tribe has contracted or 

15 compacted functions or activities under the In16 dian Self-Determination and Education Assist17 ance Act (25 U.S.C. 450 et seq.) relating to the 

18 management of trust assets— 

19 (i) identify the functions or activities 

20 that are being or will be performed by the 

21 Indian tribe under the contracts, compacts, 

22 or other agreements under that Act, which 

23 may include any of the surface leasing or 

24 forest land management activities author-
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1 ized by the proposed plan pursuant to sec2 tion 205(b); and 

3 (ii) describe the practices and proce4 dures that the Indian tribe will follow; 

5 (E) establish procedures for nonbinding 

6 mediation or resolution of any dispute between 

7 the Indian tribe and the United States relating 

8 to the trust asset management plan; 

9 (F) include a process for the Indian tribe 

10 and the Federal agencies affected by the trust 

11 asset management plan to conduct evaluations 

12 to ensure that trust assets are being managed 

13 in accordance with the plan; and 

14 (G) identify any Federal regulations that 

15 will be superseded by the plan. 

16 (3) TECHNICAL ASSISTANCE AND INFORMA17 TION.—On receipt of a written request from an In18 dian tribe, the Secretary shall provide to the Indian 

19 tribe any technical assistance and information, in20 cluding budgetary information, that the Indian tribe 

21 determines to be necessary for preparation of a pro22 posed plan. 

23 (b) APPROVAL AND DISAPPROVAL OF PROPOSED

24 PLANS.— 

25 (1) APPROVAL.— 
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1 (A) IN GENERAL.—Not later than 120 

2 days after the date on which an Indian tribe 

3 submits a proposed Indian trust asset manage4 ment plan under subsection (a), the Secretary 

5 shall approve or disapprove the proposed plan. 

6 (B) REQUIREMENTS FOR DISAPPROVAL.— 

7 The Secretary shall approve a proposed plan 

8 unless the Secretary determines that— 

9 (i) the proposed plan fails to address 

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

11 (ii) the proposed plan includes 1 or 

12 more provisions that are inconsistent with 

13 subsection (c); or 

14 (iii) the cost of implementing the pro15 posed plan exceeds the amount of funding 

16 available for the management of trust as17 sets that would be subject to the proposed 

18 plan. 

19 (2) ACTION ON DISAPPROVAL.— 

20 (A) NOTICE.—If the Secretary disapproves 

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

22 Secretary shall provide to the Indian tribe a 

23 written notice of the disapproval, including any 

24 reason why the proposed plan was disapproved. 
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1 (B) ACTION BY TRIBES.—If a proposed 

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

3 the Indian tribe may resubmit an amended pro4 posed plan by not later than 90 days after the 

5 date on which the Indian tribe receives the no6 tice under subparagraph (A). 

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

8 the Secretary fails to approve or disapprove a pro9 posed plan in accordance with paragraph (1), the 

10 plan shall be considered to be approved. 

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

12 seek judicial review of a determination of the Sec13 retary under this subsection in accordance with sub14 chapter II of chapter 5, and chapter 7, of title 5, 

15 United States Code (commonly known as the ‘‘Ad16 ministrative Procedure Act’’), if— 

17 (A) the Secretary disapproves the proposed 

18 plan of the Indian tribe under paragraph (1); 

19 and 

20 (B) the Indian tribe has exhausted all 

21 other administrative remedies available to the 

22 Indian tribe. 

23 (c) APPLICABLE LAWS.—Subject to section 205, an 

24 Indian trust asset management plan, and any activity car25 ried out under the plan, shall not be approved unless the 
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1 proposed plan is consistent with any treaties, statutes, and 

2 Executive orders that are applicable to the trust assets, 

3 or the management of the trust assets, identified in the 

4 plan. 

5 (d) TERMINATION OF PLAN.— 

6 (1) IN GENERAL.—An Indian tribe may termi7 nate an Indian trust asset management plan on any 

8 date after the date on which a proposed Indian trust 

9 asset management plan is approved by providing to 

10 the Secretary— 

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

12 tribe to terminate the plan; and 

13 (B) a resolution of the governing body of 

14 the Indian tribe authorizing the termination of 

15 the plan. 

16 (2) EFFECTIVE DATE.—A termination of an In17 dian trust asset management plan under paragraph 

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

19 following the date on which a notice is provided to 

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

21 SEC. 205. FOREST LAND MANAGEMENT AND SURFACE 

22 LEASING ACTIVITIES. 

23 (a) DEFINITIONS.—In this section: 

24 (1) FOREST LAND MANAGEMENT ACTIVITY.— 

25 The term ‘‘forest land management activity’’ means 
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1 any activity described in section 304(4) of the Na2 tional Indian Forest Resources Management Act (25 

3 U.S.C. 3103(4)). 

4 (2) INTERESTED PARTY.—The term ‘‘interested 

5 party’’ means an Indian or non-Indian individual, 

6 entity, or government the interests of which could be 

7 adversely affected by a tribal trust land leasing deci8 sion made by an applicable Indian tribe. 

9 (3) SURFACE LEASING TRANSACTION.—The 

10 term ‘‘surface leasing transaction’’ means a residen11 tial, business, agricultural, or wind or solar resource 

12 lease of land the title to which is held— 

13 (A) in trust by the United States for the 

14 benefit of an Indian tribe; or 

15 (B) in fee by an Indian tribe, subject to re16 strictions against alienation under Federal law. 

17 (b) APPROVAL BY SECRETARY.—The Secretary may 

18 approve an Indian trust asset management plan that in19 cludes a provision authorizing the Indian tribe to enter 

20 into, approve, and carry out a surface leasing transaction 

21 or forest land management activity without approval of 

22 the Secretary, regardless of whether the surface leasing 

23 transaction or forest land management activity would re24 quire such an approval under otherwise applicable law (in25 cluding regulations), if— 
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1 (1) the resolution or other action of the gov2 erning body of the Indian tribe referred to in section 

3 203(c)(2)(A) expressly authorizes the inclusion of 

4 the provision in the Indian trust asset management 

5 plan; and 

6 (2) the Indian tribe has adopted regulations ex7 pressly incorporated by reference into the Indian 

8 trust asset management plan that— 

9 (A) with respect to a surface leasing trans10 action— 

11 (i) have been approved by the Sec12 retary pursuant to subsection (h)(4) of the 

13 first section of the Act of August 9, 1955 

14 (25 U.S.C. 415(h)(4)); or 

15 (ii) have not yet been approved by the 

16 Secretary in accordance with clause (i), but 

17 that the Secretary determines at or prior 

18 to the time of approval under this para19 graph meet the requirements of subsection 

20 (h)(3) of the first section of that Act (25 

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

22 (B) with respect to forest land manage23 ment activities, the Secretary determines— 

24 (i) are consistent with the regulations 

25 of the Secretary adopted under the Na-
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1 tional Indian Forest Resources Manage2 ment Act (25 U.S.C. 3101 et seq.); and 

3 (ii) provide for an environmental re4 view process that includes— 

5 (I) the identification and evalua6 tion of any significant effects of the 

7 proposed action on the environment; 

8 and 

9 (II) a process consistent with the 

10 regulations referred to in clause (i) 

11 for ensuring that— 

12 (aa) the public is informed 

13 of, and has a reasonable oppor14 tunity to comment on, any sig15 nificant environmental impacts of 

16 the proposed forest land manage17 ment activity identified by the In18 dian tribe; and 

19 (bb) the Indian tribe pro20 vides responses to relevant and 

21 substantive public comments on 

22 any such impacts before the In23 dian tribe approves the forest 

24 land management activity. 

25 (c) TYPES OF TRANSACTIONS.— 
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1 (1) IN GENERAL.—At the discretion of the In2 dian tribe, an Indian trust asset management plan 

3 may authorize the Indian tribe to carry out a sur4 face leasing transaction, a forest land management 

5 activity, or both. 

6 (2) SELECTION OF SPECIFIC TRANSACTIONS

7 AND ACTIVITIES.—At the discretion of the Indian 

8 tribe, the Indian tribe may include in the integrated 

9 resource management plan any 1 or more of the 

10 transactions and activities authorized to be included 

11 in the plan under subsection (b). 

12 (d) TECHNICAL ASSISTANCE.— 

13 (1) IN GENERAL.—The Secretary may provide 

14 technical assistance, on request of an Indian tribe, 

15 for development of a regulatory environmental re16 view process required under subsection (b)(2)(B)(ii). 

17 (2) INDIAN SELF-DETERMINATION AND EDU18 CATION ASSISTANCE ACT.—The technical assistance 

19 to be provided by the Secretary pursuant to para20 graph (1) may be made available through contracts, 

21 grants, or agreements entered into in accordance 

22 with, and made available to entities eligible for, con23 tracts, grants, or agreements under the Indian Self24 Determination and Education Assistance Act (25 

25 U.S.C. 450 et seq.). 
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1 (e) FEDERAL ENVIRONMENTAL REVIEW.—Notwith2 standing subsection (b), if an Indian tribe carries out a 

3 project or activity funded by a Federal agency, the Indian 

4 tribe shall have the authority to rely on the environmental 

5 review process of the applicable Federal agency, rather 

6 than any tribal environmental review process under this 

7 section. 

8 (f) DOCUMENTATION.—If an Indian tribe executes a 

9 surface leasing transaction or forest land management ac10 tivity, pursuant to tribal regulations under subsection 

11 (b)(2), the Indian tribe shall provide to the Secretary 

12 (1) a copy of the surface leasing transaction or 

13 forest land management activity documents, includ14 ing any amendments to, or renewals of, the applica15 ble transaction; and 

16 (2) in the case of tribal regulations, a surface 

17 leasing transaction, or forest land management ac18 tivities that allow payments to be made directly to 

19 the Indian tribe, documentation of the payments 

20 that is sufficient to enable the Secretary to dis21 charge the trust responsibility of the United States 

22 under subsection (g). 

23 (g) TRUST RESPONSIBILITY.— 

24 (1) IN GENERAL.—The United States shall not 

25 be liable for losses sustained— 
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1 (A) by an Indian tribe as a result of the 

2 execution of any forest land management activ3 ity pursuant to tribal regulations under sub4 section (b); or 

5 (B) by any party to a lease executed pur6 suant to tribal regulations under subsection (b). 

7 (2) AUTHORITY OF SECRETARY.—Pursuant to 

8 the authority of the Secretary to fulfill the trust ob9 ligation of the United States to Indian tribes under 

10 Federal law (including regulations), the Secretary 

11 may, on reasonable notice from the applicable Indian 

12 tribe and at the discretion of the Secretary, enforce 

13 the provisions of, or cancel, any lease executed by 

14 the Indian tribe under this section. 

15 (h) COMPLIANCE.— 

16 (1) IN GENERAL.—An interested party, after 

17 exhausting any applicable tribal remedies, may sub18 mit to the Secretary a petition, at such time and in 

19 such form as the Secretary determines to be appro20 priate, to review the compliance of an applicable In21 dian tribe with any tribal regulations approved by 

22 the Secretary under this subsection. 

23 (2) VIOLATIONS.—If the Secretary determines 

24 under paragraph (1) that a violation of tribal regula25 tions has occurred, the Secretary may take any ac-
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1 tion the Secretary determines to be necessary to 

2 remedy the violation, including rescinding the ap3 proval of the tribal regulations and reassuming re4 sponsibility for the approval of leases of tribal trust 

5 land. 

6 (3) DOCUMENTATION.—If the Secretary deter7 mines under paragraph (1) that a violation of tribal 

8 regulations has occurred and a remedy is necessary, 

9 the Secretary shall— 

10 (A) make a written determination with re11 spect to the regulations that have been violated; 

12 (B) provide to the applicable Indian tribe 

13 a written notice of the alleged violation, to14 gether with the written determination; and 

15 (C) prior to the exercise of any remedy, 

16 the rescission of the approval of the regulation 

17 involved, or the reassumption of the trust asset 

18 transaction approval responsibilities, provide to 

19 the applicable Indian tribe— 

20 (i) a hearing on the record; and 

21 (ii) a reasonable opportunity to cure 

22 the alleged violation. 

23 SEC. 206. EFFECT OF TITLE. 

24 (a) LIABILITY.—Subject to section 205 and this sec25 tion, nothing in this title or an Indian trust asset manage-
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1 ment plan approved under section 204 shall independently 

2 diminish, increase, create, or otherwise affect the liability 

3 of the United States or an Indian tribe participating in 

4 the project for any loss resulting from the management 

5 of an Indian trust asset under an Indian trust asset man6 agement plan. 

7 (b) DEVIATION FROM STANDARD PRACTICES.—The 

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

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

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

11 that provides for management of a trust asset at a less12 stringent standard than the Secretary would otherwise re13 quire or adhere to in absence of an Indian trust asset 

14 management plan. 

15 (c) EFFECT OF TERMINATION OF PLAN.—Subsection 

16 (b) applies to losses resulting from a transaction or activ17 ity described in that subsection even if the Indian trust 

18 asset management plan is terminated under section 

19 204(d) or rescinded under section 205(h). 

20 (d) EFFECT ON OTHER LAWS.— 

21 (1) IN GENERAL.—Except as provided in sec22 tions 204 and 205 and subsection (e), nothing in 

23 this title amends or otherwise affects the application 

24 of any treaty, statute, regulation, or Executive order 
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1 that is applicable to Indian trust assets or the man2 agement or administration of Indian trust assets. 

3 (2) INDIAN SELF-DETERMINATION ACT.—Noth4 ing in this title limits or otherwise affects the au5 thority of an Indian tribe, including an Indian tribe 

6 participating in the project, to enter into and carry 

7 out a contract, compact, or other agreement under 

8 the Indian Self-Determination and Education Assist9 ance Act (25 U.S.C. 450 et seq.) (including regula10 tions). 

11 (e) SEPARATE APPROVAL.—An Indian tribe may sub12 mit to the Secretary tribal regulations described in section 

13 205(b) governing forest land management activities for re14 view and approval under this title if the Indian tribe does 

15 not submit or intend to submit an Indian trust asset man16 agement plan. 

17 (f) TRUST RESPONSIBILITY.—Nothing in this title 

18 enhances, diminishes, or otherwise affects the trust re19 sponsibility of the United States to Indian tribes or indi20 vidual Indians. 
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1 TITLE III—IMPROVING EFFI2 CIENCY AND STREAMLINING 

3 PROCESSES 

4 SEC. 301. PURPOSE. 

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

6 and streamlined 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 Under Secretary for Indian 

20 Affairs established under section 303(a). 

21 SEC. 303. UNDER SECRETARY FOR INDIAN AFFAIRS. 

22 (a) ESTABLISHMENT OF POSITION.—Notwith23 standing any other provision of law, the Secretary may 

24 establish in the Department the position of Under Sec-
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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 individual serving as the 

9 Assistant 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) that individual was appointed as As14 sistant Secretary for Indian Affairs by the 

15 President, by and with the advice and consent 

16 of the Senate; 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 the functions of the Special Trustee to one or more 
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1 appropriate agencies, offices, or bureaus within the 

2 Department, as determined by the Secretary; 

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 United States Fish and Wildlife 

12 Service; 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— 
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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 18, 1934 (25 U.S.C. 472). 

11 SEC. 304. OFFICE OF SPECIAL TRUSTEE FOR AMERICAN IN12 DIANS. 

13 (a) INFORMATION TO CONGRESS.—Notwithstanding 

14 sections 302 and 303 of the American Indian Trust Fund 

15 Management Reform Act of 1994 (25 U.S.C. 4042 and 

16 4043), not later than 1 year after the date of enactment 

17 of this Act, the Secretary shall prepare and, after con18 sultation with Indian tribes and appropriate Indian orga19 nizations, submit to the Committee on Natural Resources 

20 of the House of Representatives, the Committee on Indian 

21 Affairs of the Senate, and the Committees on Appropria22 tions of the House of Representatives and the Senate— 

23 (1) an identification of all functions, other than 

24 the collection, management, and investment of In25 dian trust funds, that the Office of the Special 
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1 Trustee performs independently or in concert with 

2 the BIA or other Federal agencies, specifically those 

3 functions that affect or relate to management of 

4 nonmonetary trust resources; 

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

6 of the Special Trustee that will be transitioned to 

7 other bureaus or agencies within the Department 

8 prior to the termination date of the Office, as de9 scribed in paragraph (3), together with the time10 frames for those transfers; and 

11 (3) a transition plan and timetable for the ter12 mination of the Office of the Special Trustee, to 

13 occur not later than 2 years after the date of sub14 mission, unless the Secretary determines than an or15 derly transition cannot be accomplished within 2 

16 years, in which case the Secretary shall include— 

17 (A) a statement of all reasons why the 

18 transition cannot be effected within that time; 

19 and 

20 (B) an alternative date for completing the 

21 transition. 

22 (b) FIDUCIARY TRUST OFFICERS.—Subject to appli23 cable law and regulations, the Secretary, at the request 

24 of an Indian tribe or a consortium of Indian tribes, shall 

25 include fiduciary trust officers in a contract, compact, or 
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1 other agreement under the Indian Self-Determination and 

2 Education Assistance Act (25 U.S.C. 450 et seq.). 

3 (c) EFFECT OF SECTION.—Nothing in this section or 

4 the submission required by this section— 

5 (1) shall cause the Office of the Special Trustee 

6 to terminate; or 

7 (2) affect the application of sections 302 and 

8 303 of the American Indian Trust Fund Manage9 ment Reform Act of 1994 (25 U.S.C. 4042 and 

10 4043). 

11 SEC. 305. APPRAISALS AND VALUATIONS. 

12 (a) IN GENERAL.—Notwithstanding section 304, not 

13 later than 18 months after the date of enactment of this 

14 Act, the Secretary, in consultation with Indian tribes and 

15 tribal organizations, shall ensure that appraisals and valu16 ations of Indian trust property are administered by a sin17 gle bureau, agency, or other administrative entity within 

18 the Department. 

19 (b) MINIMUM QUALIFICATIONS.—Not later than 1 

20 year after the date of enactment of this Act, the Secretary 

21 shall establish and publish in the Federal Register min22 imum qualifications for individuals to prepare appraisals 

23 and valuations of Indian trust property. 

24 (c) SECRETARIAL APPROVAL.—In any case in which 

25 an Indian tribe or Indian beneficiary submits to the Sec-
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1 retary an appraisal or valuation that satisfies the min2 imum qualifications described in subsection (b), and that 

3 submission acknowledges the intent of the Indian tribe or 

4 beneficiary to have the appraisal or valuation considered 

5 under this section, the appraisal or valuation— 

6 (1) shall not require any additional review or 

7 approval by the Secretary; and 

8 (2) shall be considered to be final for purposes 

9 of effectuating the transaction for which the ap10 praisal or valuation is required. 

11 SEC. 306. COST SAVINGS. 

12 (a) IN GENERAL.—For any program, function, serv13 ice, or activity (or any portion of a program, function, 

14 service, or activity) of the Office of the Special Trustee 

15 that will not be operated or carried out as a result of a 

16 transfer of functions and personnel following enactment 

17 of this Act, the Secretary shall— 

18 (1) identify the amounts that the Secretary 

19 would otherwise have expended to operate or carry 

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

21 portion of a program, function, service, or activity); 

22 and 

23 (2) provide to the tribal representatives of the 

24 Tribal-Interior Budget Council or the representative 

25 of any other appropriate entity that advises the Sec-
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1 retary on Indian program budget or funding issues 

2 a list that describes— 

3 (A) the programs, functions, services, and 

4 activities (or any portion of a program, func5 tion, service, or activity) identified under para6 graph (1); and 

7 (B) the amounts associated with each pro8 gram, function, service, and activity (or portion 

9 of a program, function, service, or activity). 

10 (b) TRIBAL RECOMMENDATIONS.—Not later than 90 

11 days after the date of receipt of a list under subsection 

12 (a)(2), the tribal representatives of the Tribal-Interior 

13 Budget Council and the representatives of any other ap14 propriate entities that advise the Secretary on Indian pro15 gram budget or funding issues may provide recommenda16 tions regarding how any amounts or cost savings should 

17 be reallocated, incorporated into future budget requests, 

18 or appropriated to— 

19 (1) the Secretary; 

20 (2) the Office of Management and Budget; 

21 (3) the Committee on Appropriations of the 

22 House of Representatives; 

23 (4) the Committee on Natural Resources of the 

24 House of Representatives; 
29 

•HR 812 EH

1 (5) the Committee on Appropriations of the 

2 Senate; and 

3 (6) the Committee on Indian Affairs of the Sen4 ate. 

Passed the House of Representatives February 24, 

2016. 

Attest: 

Clerk. 
114TH CONGRESS 

2D SESSION H. R. 812 

AN ACT 

To provide for Indian trust asset management 

reform, and for other purposes.