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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 812 Enrolled Bill (ENR)]

        H.R.812

                     One Hundred Fourteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
           the fourth day of January, two thousand and sixteen

                                 An Act

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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``Indian Trust Asset 
Reform Act''.
    (b) Table of Contents.--The table of contents for 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.

              TITLE I--RECOGNITION OF TRUST RESPONSIBILITY

    SEC. 101. FINDINGS.
    Congress finds that--
        (1) there exists a unique relationship between the Government 
    of the United States and the governments of Indian tribes;
        (2) there exists a unique Federal responsibility to Indians;
        (3) through treaties, statutes, and historical relations with 
    Indian tribes, the United States has undertaken a unique trust 
    responsibility to protect and support Indian tribes and Indians;
        (4) the fiduciary responsibilities of the United States to 
    Indians also are founded in part on specific commitments made 
    through written treaties and agreements securing peace, in exchange 
    for which Indians have surrendered claims to vast tracts of land, 
    which provided legal consideration for permanent, ongoing 
    performance of Federal trust duties; and
        (5) the foregoing historic Federal-tribal relations and 
    understandings have benefitted the people of the United States as a 
    whole for centuries and have established enduring and enforceable 
    Federal obligations to which the national honor has been committed.
    SEC. 102. REAFFIRMATION OF POLICY.
    Pursuant to the constitutionally vested authority of Congress over 
Indian affairs, Congress reaffirms that the responsibility of the 
United States to Indian tribes includes a duty to promote tribal self-
determination regarding governmental authority and economic 
development.

     TITLE II--INDIAN TRUST ASSET MANAGEMENT DEMONSTRATION PROJECT

    SEC. 201. SHORT TITLE.
    This title may be cited as the ``Indian Trust Asset Management 
Demonstration Project Act of 2016''.
    SEC. 202. DEFINITIONS.
    In this title:
        (1) Indian tribe.--The term ``Indian tribe'' has the meaning 
    given the term in the Indian Self-Determination and Education 
    Assistance Act (25 U.S.C. 450b).
        (2) Project.--The term ``Project'' means the Indian trust asset 
    management demonstration project established under section 203(a).
        (3) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
    SEC. 203. ESTABLISHMENT OF DEMONSTRATION PROJECT; SELECTION OF 
      PARTICIPATING INDIAN TRIBES.
    (a) In General.--The Secretary shall establish and carry out an 
Indian trust asset management demonstration project, in accordance with 
this title.
    (b) Selection of Participating Indian Tribes.--
        (1) In general.--An Indian tribe shall be eligible to 
    participate in the project if--
            (A) the Indian tribe submits to the Secretary an 
        application under subsection (c); and
            (B) the Secretary approves the application of the Indian 
        tribe.
        (2) Notice.--
            (A) In general.--The Secretary shall provide a written 
        notice to each Indian tribe approved to participate in the 
        project.
            (B) Contents.--A notice under subparagraph (A) shall 
        include--
                (i) a statement that the application of the Indian 
            tribe has been approved by the Secretary; and
                (ii) a requirement that the Indian tribe shall submit 
            to the Secretary a proposed Indian trust asset management 
            plan in accordance with section 204.
    (c) Application.--
        (1) In general.--To be eligible to participate in the project, 
    an Indian tribe shall submit to the Secretary a written application 
    in accordance with paragraph (2).
        (2) Requirements.--The Secretary shall consider an application 
    under this subsection only if the application--
            (A) includes a copy of a resolution or other appropriate 
        action by the governing body of the Indian tribe, as determined 
        by the Secretary, in support of or authorizing the application;
            (B) is received by the Secretary after the date of 
        enactment of this Act; and
            (C) states that the Indian tribe is requesting to 
        participate in the project.
    (d) Duration.--The project--
        (1) shall remain in effect for a period of 10 years after the 
    date of enactment of this Act; but
        (2) may be extended at the discretion of the Secretary.
    SEC. 204. INDIAN TRUST ASSET MANAGEMENT PLAN.
    (a) Proposed Plan.--
        (1) Submission.--After the date on which an Indian tribe 
    receives a notice from the Secretary under section 203(b)(2), the 
    Indian tribe shall submit to the Secretary a proposed Indian trust 
    asset management plan in accordance with paragraph (2).
        (2) Contents.--A proposed Indian trust asset management plan 
    shall include provisions that--
            (A) identify the trust assets that will be subject to the 
        plan;
            (B) establish trust asset management objectives and 
        priorities for Indian trust assets that are located within the 
        reservation, or otherwise subject to the jurisdiction, of the 
        Indian tribe;
            (C) allocate trust asset management funding that is 
        available for the Indian trust assets subject to the plan in 
        order to meet the trust asset management objectives and 
        priorities;
            (D) if the Indian tribe has contracted or compacted 
        functions or activities under the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450 et seq.) relating to 
        the management of trust assets--
                (i) identify the functions or activities that are being 
            or will be performed by the Indian tribe under the 
            contracts, compacts, or other agreements under that Act, 
            which may include any of the surface leasing or forest land 
            management activities authorized by the proposed plan 
            pursuant to section 205(b); and
                (ii) describe the practices and procedures that the 
            Indian tribe will follow;
            (E) establish procedures for nonbinding mediation or 
        resolution of any dispute between the Indian tribe and the 
        United States relating to the trust asset management plan;
            (F) include a process for the Indian tribe and the Federal 
        agencies affected by the trust asset management plan to conduct 
        evaluations to ensure that trust assets are being managed in 
        accordance with the plan; and
            (G) identify any Federal regulations that will be 
        superseded by the plan.
        (3) Technical assistance and information.--On receipt of a 
    written request from an Indian tribe, the Secretary shall provide 
    to the Indian tribe any technical assistance and information, 
    including budgetary information, that the Indian tribe determines 
    to be necessary for preparation of a proposed plan.
    (b) Approval and Disapproval of Proposed Plans.--
        (1) Approval.--
            (A) In general.--Not later than 120 days after the date on 
        which an Indian tribe submits a proposed Indian trust asset 
        management plan under subsection (a), the Secretary shall 
        approve or disapprove the proposed plan.
            (B) Requirements for disapproval.--The Secretary shall 
        approve a proposed plan unless the Secretary determines that--
                (i) the proposed plan fails to address a requirement 
            under subsection (a)(2);
                (ii) the proposed plan includes 1 or more provisions 
            that are inconsistent with subsection (c); or
                (iii) the cost of implementing the proposed plan 
            exceeds the amount of funding available for the management 
            of trust assets that would be subject to the proposed plan.
        (2) Action on disapproval.--
            (A) Notice.--If the Secretary disapproves a proposed plan 
        under paragraph (1)(B), the Secretary shall provide to the 
        Indian tribe a written notice of the disapproval, including any 
        reason why the proposed plan was disapproved.
            (B) Action by tribes.--If a proposed plan is disapproved 
        under paragraph (1)(B), the Indian tribe may resubmit an 
        amended proposed plan by not later than 90 days after the date 
        on which the Indian tribe receives the notice under 
        subparagraph (A).
        (3) Failure to approve or disapprove.--If the Secretary fails 
    to approve or disapprove a proposed plan in accordance with 
    paragraph (1), the plan shall be considered to be approved.
        (4) Judicial review.--An Indian tribe may seek judicial review 
    of a determination of the Secretary under this subsection in 
    accordance with subchapter II of chapter 5, and chapter 7, of title 
    5, United States Code (commonly known as the ``Administrative 
    Procedure Act''), if--
            (A) the Secretary disapproves the proposed plan of the 
        Indian tribe under paragraph (1); and
            (B) the Indian tribe has exhausted all other administrative 
        remedies available to the Indian tribe.
    (c) Applicable Laws.--Subject to section 205, an Indian trust asset 
management plan, and any activity carried out under the plan, shall not 
be approved unless the proposed plan is consistent with any treaties, 
statutes, and Executive orders that are applicable to the trust assets, 
or the management of the trust assets, identified in the plan.
    (d) Termination of Plan.--
        (1) In general.--An Indian tribe may terminate an Indian trust 
    asset management plan on any date after the date on which a 
    proposed Indian trust asset management plan is approved by 
    providing to the Secretary--
            (A) a notice of the intent of the Indian tribe to terminate 
        the plan; and
            (B) a resolution of the governing body of the Indian tribe 
        authorizing the termination of the plan.
        (2) Effective date.--A termination of an Indian trust asset 
    management plan under paragraph (1) takes effect on October 1 of 
    the first fiscal year following the date on which a notice is 
    provided to the Secretary under paragraph (1)(A).
    SEC. 205. FOREST LAND MANAGEMENT AND SURFACE LEASING ACTIVITIES.
    (a) Definitions.--In this section:
        (1) Forest land management activity.--The term ``forest land 
    management activity'' means any activity described in section 
    304(4) of the National Indian Forest Resources Management Act (25 
    U.S.C. 3103(4)).
        (2) Interested party.--The term ``interested party'' means an 
    Indian or non-Indian individual, entity, or government the 
    interests of which could be adversely affected by a tribal trust 
    land leasing decision made by an applicable Indian tribe.
        (3) Surface leasing transaction.--The term ``surface leasing 
    transaction'' means a residential, business, agricultural, or wind 
    or solar resource lease of land the title to which is held--
            (A) in trust by the United States for the benefit of an 
        Indian tribe; or
            (B) in fee by an Indian tribe, subject to restrictions 
        against alienation under Federal law.
    (b) Approval by Secretary.--The Secretary may approve an Indian 
trust asset management plan that includes a provision authorizing the 
Indian tribe to enter into, approve, and carry out a surface leasing 
transaction or forest land management activity without approval of the 
Secretary, regardless of whether the surface leasing transaction or 
forest land management activity would require such an approval under 
otherwise applicable law (including regulations), if--
        (1) the resolution or other action of the governing body of the 
    Indian tribe referred to in section 203(c)(2)(A) expressly 
    authorizes the inclusion of the provision in the Indian trust asset 
    management plan; and
        (2) the Indian tribe has adopted regulations expressly 
    incorporated by reference into the Indian trust asset management 
    plan that--
            (A) with respect to a surface leasing transaction--
                (i) have been approved by the Secretary pursuant to 
            subsection (h)(4) of the first section of the Act of August 
            9, 1955 (25 U.S.C. 415(h)(4)); or
                (ii) have not yet been approved by the Secretary in 
            accordance with clause (i), but that the Secretary 
            determines at or prior to the time of approval under this 
            paragraph meet the requirements of subsection (h)(3) of the 
            first section of that Act (25 U.S.C. 415(h)(3)); or
            (B) with respect to forest land management activities, the 
        Secretary determines--
                (i) are consistent with the regulations of the 
            Secretary adopted under the National Indian Forest 
            Resources Management Act (25 U.S.C. 3101 et seq.); and
                (ii) provide for an environmental review process that 
            includes--

                    (I) the identification and evaluation of any 
                significant effects of the proposed action on the 
                environment; and
                    (II) a process consistent with the regulations 
                referred to in clause (i) for ensuring that--

                        (aa) the public is informed of, and has a 
                    reasonable opportunity to comment on, any 
                    significant environmental impacts of the proposed 
                    forest land management activity identified by the 
                    Indian tribe; and
                        (bb) the Indian tribe provides responses to 
                    relevant and substantive public comments on any 
                    such impacts before the Indian tribe approves the 
                    forest land management activity.
    (c) Types of Transactions.--
        (1) In general.--At the discretion of the Indian tribe, an 
    Indian trust asset management plan may authorize the Indian tribe 
    to carry out a surface leasing transaction, a forest land 
    management activity, or both.
        (2) Selection of specific transactions and activities.--At the 
    discretion of the Indian tribe, the Indian tribe may include in the 
    integrated resource management plan any 1 or more of the 
    transactions and activities authorized to be included in the plan 
    under subsection (b).
    (d) Technical Assistance.--
        (1) In general.--The Secretary may provide technical 
    assistance, on request of an Indian tribe, for development of a 
    regulatory environmental review process required under subsection 
    (b)(2)(B)(ii).
        (2) Indian self-determination and education assistance act.--
    The technical assistance to be provided by the Secretary pursuant 
    to paragraph (1) may be made available through contracts, grants, 
    or agreements entered into in accordance with, and made available 
    to entities eligible for, contracts, grants, or agreements under 
    the Indian Self-Determination and Education Assistance Act (25 
    U.S.C. 450 et seq.).
    (e) Federal Environmental Review.--Notwithstanding subsection (b), 
if an Indian tribe carries out a project or activity funded by a 
Federal agency, the Indian tribe shall have the authority to rely on 
the environmental review process of the applicable Federal agency, 
rather than any tribal environmental review process under this section.
    (f) Documentation.--If an Indian tribe executes a surface leasing 
transaction or forest land management activity, pursuant to tribal 
regulations under subsection (b)(2), the Indian tribe shall provide to 
the Secretary
        (1) a copy of the surface leasing transaction or forest land 
    management activity documents, including any amendments to, or 
    renewals of, the applicable transaction; and
        (2) in the case of tribal regulations, a surface leasing 
    transaction, or forest land management activities that allow 
    payments to be made directly to the Indian tribe, documentation of 
    the payments that is sufficient to enable the Secretary to 
    discharge the trust responsibility of the United States under 
    subsection (g).
    (g) Trust Responsibility.--
        (1) In general.--The United States shall not be liable for 
    losses sustained--
            (A) by an Indian tribe as a result of the execution of any 
        forest land management activity pursuant to tribal regulations 
        under subsection (b); or
            (B) by any party to a lease executed pursuant to tribal 
        regulations under subsection (b).
        (2) Authority of secretary.--Pursuant to the authority of the 
    Secretary to fulfill the trust obligation of the United States to 
    Indian tribes under Federal law (including regulations), the 
    Secretary may, on reasonable notice from the applicable Indian 
    tribe and at the discretion of the Secretary, enforce the 
    provisions of, or cancel, any lease executed by the Indian tribe 
    under this section.
    (h) Compliance.--
        (1) In general.--An interested party, after exhausting any 
    applicable tribal remedies, may submit to the Secretary a petition, 
    at such time and in such form as the Secretary determines to be 
    appropriate, to review the compliance of an applicable Indian tribe 
    with any tribal regulations approved by the Secretary under this 
    subsection.
        (2) Violations.--If the Secretary determines under paragraph 
    (1) that a violation of tribal regulations has occurred, the 
    Secretary may take any action the Secretary determines to be 
    necessary to remedy the violation, including rescinding the 
    approval of the tribal regulations and reassuming responsibility 
    for the approval of leases of tribal trust land.
        (3) Documentation.--If the Secretary determines under paragraph 
    (1) that a violation of tribal regulations has occurred and a 
    remedy is necessary, the Secretary shall--
            (A) make a written determination with respect to the 
        regulations that have been violated;
            (B) provide to the applicable Indian tribe a written notice 
        of the alleged violation, together with the written 
        determination; and
            (C) prior to the exercise of any remedy, the rescission of 
        the approval of the regulation involved, or the reassumption of 
        the trust asset transaction approval responsibilities, provide 
        to the applicable Indian tribe--
                (i) a hearing on the record; and
                (ii) a reasonable opportunity to cure the alleged 
            violation.
    SEC. 206. EFFECT OF TITLE.
    (a) Liability.--Subject to section 205 and this section, nothing in 
this title or an Indian trust asset management plan approved under 
section 204 shall independently diminish, increase, create, or 
otherwise affect the liability of the United States or an Indian tribe 
participating in the project for any loss resulting from the management 
of an Indian trust asset under an Indian trust asset management plan.
    (b) Deviation From Standard Practices.--The United States shall not 
be liable to any party (including any Indian tribe) for any term of, or 
any loss resulting from the terms of, an Indian trust asset management 
plan that provides for management of a trust asset at a less-stringent 
standard than the Secretary would otherwise require or adhere to in 
absence of an Indian trust asset management plan.
    (c) Effect of Termination of Plan.--Subsection (b) applies to 
losses resulting from a transaction or activity described in that 
subsection even if the Indian trust asset management plan is terminated 
under section 204(d) or rescinded under section 205(h).
    (d) Effect on Other Laws.--
        (1) In general.--Except as provided in sections 204 and 205 and 
    subsection (e), nothing in this title amends or otherwise affects 
    the application of any treaty, statute, regulation, or Executive 
    order that is applicable to Indian trust assets or the management 
    or administration of Indian trust assets.
        (2) Indian self-determination act.--Nothing in this title 
    limits or otherwise affects the authority of an Indian tribe, 
    including an Indian tribe participating in the project, to enter 
    into and carry out a contract, compact, or other agreement under 
    the Indian Self-Determination and Education Assistance Act (25 
    U.S.C. 450 et seq.) (including regulations).
    (e) Separate Approval.--An Indian tribe may submit to the Secretary 
tribal regulations described in section 205(b) governing forest land 
management activities for review and approval under this title if the 
Indian tribe does not submit or intend to submit an Indian trust asset 
management plan.
    (f) Trust Responsibility.--Nothing in this title enhances, 
diminishes, or otherwise affects the trust responsibility of the United 
States to Indian tribes or individual Indians.

       TITLE III--IMPROVING EFFICIENCY AND STREAMLINING PROCESSES

    SEC. 301. PURPOSE.
    The purpose of this title is to ensure a more efficient and 
streamlined administration of duties of the Secretary of the Interior 
with respect to providing services and programs to Indians and Indian 
tribes, including the management of Indian trust resources.
    SEC. 302. DEFINITIONS.
    In this title:
        (1) BIA.--The term ``BIA'' means the Bureau of Indian Affairs.
        (2) Department.--The term ``Department'' means the Department 
    of the Interior.
        (3) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
        (4) Under secretary.--The term ``Under Secretary'' means the 
    Under Secretary for Indian Affairs established under section 
    303(a).
    SEC. 303. UNDER SECRETARY FOR INDIAN AFFAIRS.
    (a) Establishment of Position.--Notwithstanding any other provision 
of law, the Secretary may establish in the Department the position of 
Under Secretary for Indian Affairs, who shall report directly to the 
Secretary.
    (b) Appointment.--
        (1) In general.--Except as provided in paragraph (2), the Under 
    Secretary shall be appointed by the President, by and with the 
    advice and consent of the Senate.
        (2) Exception.--The individual serving as the Assistant 
    Secretary for Indian Affairs on the date of enactment of this Act 
    may assume the position of Under Secretary without appointment 
    under paragraph (1), if--
            (A) that individual was appointed as Assistant Secretary 
        for Indian Affairs by the President, by and with the advice and 
        consent of the Senate; and
            (B) not later than 180 days after the date of enactment of 
        this Act, the Secretary approves the assumption.
    (c) Duties.--In addition to any other duties directed by the 
Secretary, the Under Secretary shall--
        (1) coordinate with the Special Trustee for American Indians to 
    ensure an orderly transition of the functions of the Special 
    Trustee to one or more appropriate agencies, offices, or bureaus 
    within the Department, as determined by the Secretary;
        (2) to the maximum extent practicable, supervise and coordinate 
    activities and policies of the BIA with activities and policies 
    of--
            (A) the Bureau of Reclamation;
            (B) the Bureau of Land Management;
            (C) the Office of Natural Resources Revenue;
            (D) the National Park Service; and
            (E) the United States Fish and Wildlife Service; and
        (3) provide for regular consultation with Indians and Indian 
    tribes that own interests in trust resources and trust fund 
    accounts.
    (d) Personnel Provisions.--
        (1) Appointments.--The Under Secretary may appoint and fix the 
    compensation of such officers and employees as the Under Secretary 
    determines to be necessary to carry out any function transferred 
    under this section.
        (2) Requirements.--Except as otherwise provided by law--
            (A) any officer or employee described in paragraph (1) 
        shall be appointed in accordance with the civil service laws;
            (B) the compensation of such an officer or employee shall 
        be fixed in accordance with title 5, United States Code; and
            (C) in appointing or otherwise hiring any employee, the 
        Under Secretary shall give preference to Indians in accordance 
        with section 12 of the Act of June 18, 1934 (25 U.S.C. 472).
    SEC. 304. OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS.
    (a) Information to Congress.--Notwithstanding sections 302 and 303 
of the American Indian Trust Fund Management Reform Act of 1994 (25 
U.S.C. 4042 and 4043), not later than 1 year after the date of 
enactment of this Act, the Secretary shall prepare and, after 
consultation with Indian tribes and appropriate Indian organizations, 
submit to the Committee on Natural Resources of the House of 
Representatives, the Committee on Indian Affairs of the Senate, and the 
Committees on Appropriations of the House of Representatives and the 
Senate--
        (1) an identification of all functions, other than the 
    collection, management, and investment of Indian trust funds, that 
    the Office of the Special Trustee performs independently or in 
    concert with the BIA or other Federal agencies, specifically those 
    functions that affect or relate to management of nonmonetary trust 
    resources;
        (2) a description of any functions of the Office of the Special 
    Trustee that will be transitioned to other bureaus or agencies 
    within the Department prior to the termination date of the Office, 
    as described in paragraph (3), together with the timeframes for 
    those transfers; and
        (3) a transition plan and timetable for the termination of the 
    Office of the Special Trustee, to occur not later than 2 years 
    after the date of submission, unless the Secretary determines than 
    an orderly transition cannot be accomplished within 2 years, in 
    which case the Secretary shall include--
            (A) a statement of all reasons why the transition cannot be 
        effected within that time; and
            (B) an alternative date for completing the transition.
    (b) Fiduciary Trust Officers.--Subject to applicable law and 
regulations, the Secretary, at the request of an Indian tribe or a 
consortium of Indian tribes, shall include fiduciary trust officers in 
a contract, compact, or other agreement under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.).
    (c) Effect of Section.--Nothing in this section or the submission 
required by this section--
        (1) shall cause the Office of the Special Trustee to terminate; 
    or
        (2) affect the application of sections 302 and 303 of the 
    American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 
    4042 and 4043).
    SEC. 305. APPRAISALS AND VALUATIONS.
    (a) In General.--Notwithstanding section 304, not later than 18 
months after the date of enactment of this Act, the Secretary, in 
consultation with Indian tribes and tribal organizations, shall ensure 
that appraisals and valuations of Indian trust property are 
administered by a single bureau, agency, or other administrative entity 
within the Department.
    (b) Minimum Qualifications.--Not later than 1 year after the date 
of enactment of this Act, the Secretary shall establish and publish in 
the Federal Register minimum qualifications for individuals to prepare 
appraisals and valuations of Indian trust property.
    (c) Secretarial Approval.--In any case in which an Indian tribe or 
Indian beneficiary submits to the Secretary an appraisal or valuation 
that satisfies the minimum qualifications described in subsection (b), 
and that submission acknowledges the intent of the Indian tribe or 
beneficiary to have the appraisal or valuation considered under this 
section, the appraisal or valuation--
        (1) shall not require any additional review or approval by the 
    Secretary; and
        (2) shall be considered to be final for purposes of 
    effectuating the transaction for which the appraisal or valuation 
    is required.
    SEC. 306. COST SAVINGS.
    (a) In General.--For any program, function, service, or activity 
(or any portion of a program, function, service, or activity) of the 
Office of the Special Trustee that will not be operated or carried out 
as a result of a transfer of functions and personnel following 
enactment of this Act, the Secretary shall--
        (1) identify the amounts that the Secretary would otherwise 
    have expended to operate or carry out each program, function, 
    service, and activity (or portion of a program, function, service, 
    or activity); and
        (2) provide to the tribal representatives of the Tribal-
    Interior Budget Council or the representative of any other 
    appropriate entity that advises the Secretary on Indian program 
    budget or funding issues a list that describes--
            (A) the programs, functions, services, and activities (or 
        any portion of a program, function, service, or activity) 
        identified under paragraph (1); and
            (B) the amounts associated with each program, function, 
        service, and activity (or portion of a program, function, 
        service, or activity).
    (b) Tribal Recommendations.--Not later than 90 days after the date 
of receipt of a list under subsection (a)(2), the tribal 
representatives of the Tribal-Interior Budget Council and the 
representatives of any other appropriate entities that advise the 
Secretary on Indian program budget or funding issues may provide 
recommendations regarding how any amounts or cost savings should be 
reallocated, incorporated into future budget requests, or appropriated 
to--
        (1) the Secretary;
        (2) the Office of Management and Budget;
        (3) the Committee on Appropriations of the House of 
    Representatives;
        (4) the Committee on Natural Resources of the House of 
    Representatives;
        (5) the Committee on Appropriations of the Senate; and
        (6) the Committee on Indian Affairs of the Senate.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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