II 

108TH CONGRESS 

1ST SESSION S. 175

To establish a direct line of authority for the Office of Trust Reform Implementation and Oversight to oversee the management and reform of 

Indian trust funds and assets under the jurisdiction of the Department 

of the Interior, and to advance tribal management of such funds and 

assets, pursuant to the Indian Self-Determination Act and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 15, 2003

Mr. MCCAIN (for himself, Mr. DASCHLE, and Mr. JOHNSON) introduced the 

following bill; which was read twice and referred to the Committee on Indian Affairs 

A BILL

To establish a direct line of authority for the Office of 

Trust Reform Implementation and Oversight to oversee 

the management and reform of Indian trust funds and 

assets under the jurisdiction of the Department of the 

Interior, and to advance tribal management of such 

funds and assets, pursuant to the Indian Self-Determination Act 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,
2

•S 175 IS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Indian Trust Asset 

3 and Trust Fund Management and Reform Act of 2003’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds and affirms that the proper discharge 

6 of trust responsibility of the United States requires, with7 out limitation, that the trustee, using a high degree of 

8 care, skill, and loyalty—

9 (1) protect and preserve Indian trust assets 

10 from loss, damage, unlawful alienation, waste, and 

11 depletion; 

12 (2) ensure that any management of Indian 

13 trust assets required to be carried out by the Sec14 retary—

15 (A) promotes the interest of the beneficial 

16 owner; and 

17 (B) supports, to the maximum extent prac18 ticable in accordance with the trust responsi19 bility of the Secretary, the beneficial owner’s in20 tended use of the assets; 

21 (3)(A) enforce the terms of all leases or other 

22 agreements that provide for the use of trust assets; 

23 and 

24 (B) take appropriate steps to remedy trespass 

25 on trust or restricted land; 
3

•S 175 IS 

1 (4) promote tribal control and self-determina2 tion over tribal trust land and resources; 

3 (5) select and oversee persons that manage In4 dian trust assets; 

5 (6) confirm that Indian tribes that manage In6 dian trust assets pursuant to contracts and com7 pacts authorized by the Indian Self-Determination 

8 and Education Assistance Act (25 U.S.C. 450 et 

9 seq.) protect and prudently manage those Indian 

10 trust assets; 

11 (7) provide oversight and review of the perform12 ance of the trust responsibility of the Secretary, in13 cluding Indian trust asset and investment manage14 ment programs, operational systems, and informa15 tion systems; 

16 (8) account for and identify, collect, deposit, in17 vest, and distribute, in a timely manner, income due 

18 or held on behalf of tribal and individual Indian ac19 count holders; 

20 (9) maintain a verifiable system of records that, 

21 at a minimum, is capable of identifying, with respect 

22 to a trust asset—

23 (A) the location of the trust asset; 

24 (B) the beneficial owners of the trust 

25 asset; 
4

•S 175 IS 

1 (C) any legal encumbrances (such as leases 

2 or permits) applicable to the trust asset; 

3 (D) the user of the trust asset; 

4 (E) any rent or other payments made; 

5 (F) the value of trust or restricted land 

6 and resources associated with the trust asset; 

7 (G) dates of—

8 (i) collections; 

9 (ii) deposits; 

10 (iii) transfers; 

11 (iv) disbursements; 

12 (v) imposition of third-party obliga13 tions (such as court-ordered child support 

14 or judgments); 

15 (vi) statements of earnings; 

16 (vii) investment instruments; and 

17 (viii) closure of all trust fund accounts 

18 relating to the trust fund asset; 

19 (H) documents pertaining to actions taken 

20 to prevent or compensate for any diminishment 

21 of the Indian trust asset; and 

22 (I) documents that evidence the actions of 

23 the Secretary regarding the management and 

24 disposition of the Indian trust asset; 
5

•S 175 IS 

1 (10) establish and maintain a system of records 

2 that—

3 (A) permits beneficial owners to obtain in4 formation regarding Indian trust assets in a 

5 timely manner; and 

6 (B) protects the privacy of that informa7 tion; 

8 (11) invest tribal and individual Indian trust 

9 funds to ensure that the trust account remains rea10 sonably productive for the beneficial owner con11 sistent with market conditions existing at the time 

12 at which investment is made; 

13 (12) communicate with beneficial owners re14 garding the management and administration of In15 dian trust assets; and 

16 (13) protect treaty-based fishing, hunting, gath17 ering, and similar rights-of-access and resource use 

18 on traditional tribal land. 

19 SEC. 3. DEFINITIONS. 

20 Section 2 of the American Indian Trust Fund Man21 agement Reform Act of 1994 (25 U.S.C. 4001) is amend22 ed—

23 (1) by striking paragraph (1); 

24 (2) in paragraph (2), by striking ‘‘(2) The 

25 term’’ and inserting the following: 
6

•S 175 IS 

1 ‘‘(5) INDIAN TRIBE.—The term’’; 

2 (3) in paragraph (3), by striking ‘‘(3) The 

3 term’’ and inserting the following: 

4 ‘‘(8) SECRETARY.—The term’’;

5 (4) in paragraph (4), by striking ‘‘(4) The 

6 term’’ and inserting the following: 

7 ‘‘(6) OFFICE.—The term’’; 

8 (5) in paragraph (5), by striking ‘‘(5) The 

9 term’’ and inserting the following: 

10 ‘‘(2) BUREAU.—The term’’; 

11 (6) in paragraph (6), by striking ‘‘(6) The 

12 term’’ and inserting the following: 

13 ‘‘(3) DEPARTMENT.—The term’’; 

14 (7) by moving paragraphs (2), (3), (5), (6), and 

15 (8) (as redesignated by this subsection) so as to ap16 pear in numerical order; 

17 (8) by inserting before paragraph (2) (as redes18 ignated by paragraph (5)) the following: 

19 ‘‘(1) BENEFICIAL OWNER.—The term ‘bene20 ficial owner’ means an Indian tribe or member of an 

21 Indian tribe that is the beneficial owner of Indian 

22 trust assets.’’; 

23 (9) by inserting after paragraph (3) (as redesig24 nated by paragraph (6)) the following: 
7

•S 175 IS 

1 ‘‘(4) DEPUTY SECRETARY.—The term ‘Deputy 

2 Secretary’ means the Deputy Secretary for Trust 

3 Management and Reform appointed under section 

4 307(a)(2).’’; 

5 (10) by inserting after paragraph (6) (as redes6 ignated by paragraph (4)) the following: 

7 ‘‘(7) REFORM OFFICE.—The term ‘Reform Of8 fice’ means the Office of Trust Reform Implementa9 tion and Oversight established by section 307(e).’’; 

10 and 

11 (11) by adding at the end the following: 

12 ‘‘(9) TASK FORCE.—The term ‘Task Force’ 

13 means the Tribal Task Force for Trust Reform es14 tablished under section 307(a). 

15 ‘‘(10) TRUST ASSETS.—The term ‘trust assets’ 

16 means all tangible property including land, minerals, 

17 coal, oil and gas, forest resources, agricultural re18 sources, water and water sources, and fish and wild19 life held by the Secretary for the benefit of an In20 dian tribe or an individual member of an Indian 

21 tribe pursuant to Federal law. 

22 ‘‘(11) TRUST FUNDS.—The term ‘trust funds’ 

23 means all funds held by the Secretary for the benefit 

24 of an Indian tribe or and individual member of an 

25 Indian tribe pursuant to Federal law. 
8

•S 175 IS 

1 ‘‘(12) TRUSTEE.—The term ‘trustee’ means the 

2 Secretary or any other person that is authorized to 

3 act as a trustee for Indian trust assets and trust 

4 funds.’’. 

5 SEC. 4. RESPONSIBILITIES OF SECRETARY. 

6 Section 102 of the American Indian Trust Fund 

7 Management Reform Act of 1994 (25 U.S.C. 4011) is 

8 amended to read as follows: 

9 ‘‘SEC. 4011. RESPONSIBILITIES OF SECRETARY. 

10 ‘‘(a) ACCOUNTING FOR DAILY AND ANNUAL BAL11 ANCES OF INDIAN TRUST FUNDS.—

12 ‘‘(1) IN GENERAL.—The Secretary shall ac13 count for the daily and annual balances of all trust 

14 funds that are deposited or invested pursuant to the 

15 Act of June 24, 1938 (25 U.S.C. 162a). 

16 ‘‘(2) PERIODIC STATEMENT OF PERFORM17 ANCE.—

18 ‘‘(A) IN GENERAL.—Not later than 20 

19 business days after the close of a calendar quar20 ter, the Secretary shall provide a statement of 

21 performance to each Indian tribe and member 

22 of Indian tribe with respect to which funds are 

23 deposited or invested pursuant to the Act of 

24 June 24, 1938 (25 U.S.C. 162a). 
9

•S 175 IS 

1 ‘‘(B) REQUIREMENTS.—Each statement 

2 under subparagraph (A) shall identify, with re3 spect to the period covered by the statement—

4 ‘‘(i) the source, type, and status of the 

5 funds; 

6 ‘‘(ii) the beginning balance of the 

7 funds; 

8 ‘‘(iii) the gains and losses of the 

9 funds; 

10 ‘‘(iv) receipts and disbursements of 

11 the funds; and 

12 ‘‘(v) the ending balance of the funds. 

13 ‘‘(3) ANNUAL AUDIT.—With respect to each ac14 count containing trust funds in an amount in excess 

15 of $1,000, the Secretary shall—

16 ‘‘(A) conduct, for each fiscal year, an audit 

17 of all trust funds described in paragraph (1); 

18 and 

19 ‘‘(B) include, in the first statement of per20 formance completed under paragraph (2) after 

21 completion of the audit, a letter describing the 

22 results of the audit. 

23 ‘‘(b) ADDITIONAL RESPONSIBILITIES.—In addition 

24 to the responsibilities described in subsection (a), subject 

25 to the availability of appropriations, the Secretary, in car-
10

•S 175 IS 

1 rying out the trust responsibility of the United States, 

2 shall, at a minimum—

3 ‘‘(1) provide for adequate systems for account4 ing for and reporting trust fund balances; 

5 ‘‘(2) provide for adequate controls over receipts 

6 and disbursements; 

7 ‘‘(3) provide for periodic, timely reconciliations 

8 of financial records to ensure the accuracy of ac9 count information; 

10 ‘‘(4) determine accurate cash balances; 

11 ‘‘(5) prepare and supply to account holders 

12 periodic account statements; 

13 ‘‘(6) establish and publish in the Federal Reg14 ister consistent policies and procedures for trust 

15 fund management and accounting; 

16 ‘‘(7) provide adequate staffing, supervision, and 

17 training for trust fund management and accounting; 

18 and 

19 ‘‘(8) manage natural resources located within 

20 the boundaries of Indian reservations and trust 

21 land.’’. 
11

•S 175 IS 

1 SEC. 5. INDIAN PARTICIPATION IN TRUST FUND ACTIVI2 TIES. 

3 Title II of the American Indian Trust Fund Manage4 ment Reform Act of 1994 (25 U.S.C. 4021 et seq.) is 

5 amended—

6 (1) by striking sections 202 and 203; and 

7 (2) by inserting after section 201 the following:

8 ‘‘SEC. 202. PARTICIPATION IN TRUST FUND AND TRUST 

9 ASSET MANAGEMENT ACTIVITIES BY INDIAN 

10 TRIBES. 

11 ‘‘(a) PLANNING PROGRAM.—To meet the purposes of 

12 this title, an Indian Trust Fund and Trust Asset Manage13 ment and Monitoring Plan (in this section referred to as 

14 the ‘Plan’) shall be developed and implemented as follows: 

15 ‘‘(1) Pursuant to a self-determination contract 

16 or compact under section 102 of the Indian Self-De17 termination Act (25 U.S.C. 450f) or section 403 of 

18 the Indian Self Determination and Education Assist19 ance Act (25 U.S.C. 458cc), an Indian tribe may de20 velop or implement a Plan to provide for manage21 ment of the trust funds and assets (or portions of 

22 trust funds or assets) of which the Indian tribe is 

23 the beneficial owner. Subject to the provisions of 

24 paragraphs (3) and (4), the tribe shall have broad 

25 discretion in designing and carrying out the plan26 ning process. 
12

•S 175 IS 

1 ‘‘(2) To include in a Plan particular trust funds 

2 or assets held by multiple individuals, an Indian 

3 tribe shall obtain the approval of a majority of the 

4 individuals who hold an interest in any such trust 

5 funds or assets. 

6 ‘‘(3) The Plan shall be submitted to the Sec7 retary for approval pursuant to the Indian Self-De8 termination Act (25 U.S.C. 450f et seq.). 

9 ‘‘(4) If an Indian tribe chooses not to develop 

10 or implement a Plan, the Secretary shall, at the re11 quest of the Indian tribe, develop or implement, as 

12 appropriate, a Plan in close consultation with the af13 fected Indian tribe. 

14 ‘‘(5) Whether developed directly by the Indian 

15 tribe or by the Secretary, the Plan shall—

16 ‘‘(A) determine the amount and source of 

17 funds held in trust; 

18 ‘‘(B) identify and include an inventory of 

19 trust assets based on the information available 

20 to the Indian tribe and the Secretary; 

21 ‘‘(C) identify specific tribal goals and ob22 jectives; 

23 ‘‘(D) establish management objectives for 

24 the funds and assets held in trust; 
13

•S 175 IS 

1 ‘‘(E) define critical values of the Indian 

2 tribe and its members and provide identified 

3 management objectives; 

4 ‘‘(F) identify actions to be taken to reach 

5 established objectives; 

6 ‘‘(G) use existing survey documents, re7 ports and other research from Federal agencies, 

8 tribal community colleges, and land grant uni9 versities; and 

10 ‘‘(H)(i) be completed not later than 3 

11 years after the date of initiation of activity to 

12 establish the Plan; and 

13 ‘‘(ii) be revised periodically thereafter as 

14 necessary to accomplish the purposes of this 

15 Act. 

16 ‘‘(b) MANAGEMENT AND ADMINISTRATION.—Plans 

17 developed and approved under subsection (a) shall govern 

18 the management and administration of funds and assets 

19 (or portions of funds and assets) held in trust by the Bu20 reau and the Indian tribal government. 

21 ‘‘(c) PLAN DOES NOT TERMINATE TRUST.—Devel22 oping or implementing a Plan shall not be construed or 

23 deemed to constitute a termination of the trust status of 

24 the assets or funds that are included in, or subject to, the 

25 Plan. 
14

•S 175 IS 

1 ‘‘(d) LIABILITY.—An Indian tribe managing and ad2 ministering trust funds and trust assets in a manner that 

3 is consistent with an approved Plan shall not be liable for 

4 waste or loss of an asset or funds that are included in 

5 such Plan. 

6 ‘‘(e) INDIAN PARTICIPATION IN MANAGEMENT AC7 TIVITIES.—

8 ‘‘(1) TRIBAL RECOGNITION.—The Secretary 

9 shall conduct all management activities of funds and 

10 assets held in trust in accordance with goals and ob11 jectives set forth in a Plan approved pursuant to 

12 and in accordance with all tribal laws and ordi13 nances, except in specific instances where such com14 pliance would be contrary to the trust responsibility 

15 of the United States. 

16 ‘‘(2) TRIBAL LAWS.—

17 ‘‘(A) IN GENERAL.—Unless otherwise pro18 hibited by Federal law, the Secretary shall com19 ply with tribal law pertaining to the manage20 ment of funds and assets held in trust. 

21 ‘‘(B) DUTIES.—The Secretary shall—

22 ‘‘(i) provide assistance in the enforce23 ment of tribal laws described in subpara24 graph (A); 
15

•S 175 IS 

1 ‘‘(ii) provide notice of such tribal laws 

2 to persons or entities dealing with tribal 

3 funds and assets held in trust; and 

4 ‘‘(iii) upon the request of an Indian 

5 tribe, require appropriate Federal officials 

6 to appear in tribal forums. 

7 ‘‘(3) WAIVER OF REGULATIONS.—In any case 

8 in which a regulation or administrative policy of the 

9 Department of the Interior conflicts with the objec10 tives of the Plan, or with a tribal law, the Secretary 

11 shall waive the application of such regulation or ad12 ministrative policy unless such waiver would con13 stitute a violation of a Federal statute or judicial de14 cision or would conflict with the Secretary’s trust re15 sponsibility under Federal law. 

16 ‘‘(4) SOVEREIGN IMMUNITY.—This section does 

17 not constitute a waiver of the sovereign immunity of 

18 the United States, nor does it authorize tribal justice 

19 systems to review actions of the Secretary. 

20 ‘‘(5) TRUST RESPONSIBILITY.—Nothing in this 

21 section shall be construed to diminish or expand the 

22 trust responsibility of the United States toward In23 dian funds and assets held in trust, or any legal ob24 ligation or remedy resulting from such funds and as25 sets. 
16

•S 175 IS 

1 ‘‘(f) REPORT.—

2 ‘‘(1) IN GENERAL.—Not later than 180 days 

3 after the enactment of this section, and annually 

4 thereafter, the Secretary shall submit a report to the 

5 Committee on Indian Affairs of the Senate and the

6 Committee on Resources of the House of Represent7 atives. 

8 ‘‘(2) CONTENTS.—The report required under 

9 paragraph (1) shall detail the following: 

10 ‘‘(A) The efforts of the Department to im11 plement this section. 

12 ‘‘(B) The nature and extent of consultation 

13 between the Department, Tribes, and individual 

14 Indians with respect to implementation of this 

15 section. 

16 ‘‘(C) Any recommendations of the Depart17 ment for further changes to this Act, accom18 panied by a record of consultation with Tribes 

19 and individual Indians regarding such rec20 ommendations.’’. 

21 SEC. 6. DEPUTY SECRETARY FOR TRUST MANAGEMENT 

22 AND REFORM. 

23 (a) IN GENERAL.—Section 302 of the American In24 dian Trust Fund Management Reform Act of 1994 (25 

25 U.S.C. 4042) is amended to read as follows: 
17

•S 175 IS 

1 ‘‘SEC. 302. DEPUTY SECRETARY FOR TRUST MANAGEMENT 

2 AND REFORM. 

3 ‘‘(a) ESTABLISHMENT.—

4 ‘‘(1) IN GENERAL.—There is established within 

5 the Department the position of Deputy Secretary for 

6 Trust Management and Reform. 

7 ‘‘(2) APPOINTMENT AND REMOVAL.—

8 ‘‘(A) APPOINTMENT.—The Deputy Sec9 retary shall be appointed by the President, by 

10 and with the advice and consent of the Senate. 

11 ‘‘(B) TERM.—The Deputy Secretary shall 

12 be appointed for a term of 6 years. 

13 ‘‘(C) REMOVAL.—The Deputy Secretary 

14 may be removed only for good cause. 

15 ‘‘(3) ADMINISTRATIVE AUTHORITY.—The Dep16 uty Secretary shall report directly to the Secretary. 

17 ‘‘(4) COMPENSATION.—The Deputy Secretary 

18 shall be paid at a rate determined by the Secretary 

19 to be appropriate for the position, but not less than 

20 the rate of basic pay prescribed for Level II of the 

21 Executive Schedule under section 5313 of title 5, 

22 United States Code. 

23 ‘‘(b) DUTIES.—The Deputy Secretary shall—

24 ‘‘(1) oversee all trust fund and trust asset mat25 ters of the Department, including—
18

•S 175 IS 

1 ‘‘(A) administration and management of 

2 the Reform Office; 

3 ‘‘(B) financial and human resource matters 

4 of the Reform Office; and 

5 ‘‘(C) all duties relating to trust fund and 

6 trust asset matters; and 

7 ‘‘(2) engage in appropriate government-to-gov8 ernment relations and consultations with Indian 

9 tribes and individual trust asset and trust fund ac10 count holders on matters involving trust asset and 

11 trust fund management and reform within the De12 partment. 

13 ‘‘(c) STAFF.—In carrying out this section, the Dep14 uty Secretary may hire such staff having expertise in trust 

15 asset and trust fund management, financial organization 

16 and management, and tribal policy as the Deputy Sec17 retary determines is necessary to carry out this title. 

18 ‘‘(d) EFFECT ON DUTIES OF OTHER OFFICIALS.—

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2), nothing in this section shall be construed 

21 to diminish any responsibility or duty of the Assist22 ant Secretary of the Interior for Indian Affairs, or 

23 any other Federal official, relating to any duty of 

24 the Assistant Secretary or official established under 

25 this Act or any other provision of law. 
19

•S 175 IS 

1 ‘‘(2) TRUST ASSET AND TRUST FUND MANAGE2 MENT AND REFORM.—Notwithstanding any other 

3 provision of law, the Deputy Secretary shall have 

4 overall management and oversight authority on mat5 ters of the Department relating to trust asset and 

6 trust fund management and reform (including mat7 ters that, as of the day before the date of enactment 

8 of the Indian Trust Asset and Trust Fund Manage9 ment and Reform Act of 2003, were carried out by 

10 the Commissioner of Indian Affairs). 

11 ‘‘(e) OFFICE OF TRUST REFORM IMPLEMENTATION

12 AND OVERSIGHT.—

13 ‘‘(1) ESTABLISHMENT.—There is established 

14 within the Office of the Secretary the Office of 

15 Trust Reform Implementation and Oversight. 

16 ‘‘(2) REFORM OFFICE HEAD.—The Reform Of17 fice shall be headed by the Deputy Secretary. 

18 ‘‘(3) DUTIES.—The Reform Office shall—

19 ‘‘(A) supervise and direct the day-to-day 

20 activities of the Assistant Secretary of the Inte21 rior for Indian Affairs, the Commissioner of 

22 Reclamation, the Director of the Bureau of 

23 Land Management, and the Director of the 

24 Minerals Management Service, to the extent 
20

•S 175 IS 

1 they administer or manage any Indian trust as2 sets or funds; 

3 ‘‘(B) administer, in accordance with title 

4 II, all trust properties, funds, and other assets 

5 held by the United States for the benefit of In6 dian tribes and individual members of Indian 

7 tribes; 

8 ‘‘(C) require the development and mainte9 nance of an accurate inventory of all trust 

10 funds and trust assets; 

11 ‘‘(D) ensure the prompt posting of revenue 

12 derived from a trust fund or trust asset for the 

13 benefit of each Indian tribe (or individual mem14 ber of each Indian tribe) that owns a beneficial 

15 interest in the trust fund or trust asset; 

16 ‘‘(E) ensure that all trust fund accounts 

17 are audited at least annually, and more fre18 quently as determined to be necessary by the 

19 Deputy Secretary; 

20 ‘‘(F) ensure that the Assistant Secretary 

21 of the Interior for Indian Affairs, the Director 

22 of the Bureau of Land Management, the Com23 missioner of Reclamation, and the Director of 

24 the Minerals Management Service provide to 

25 the Secretary current and accurate information 
21

•S 175 IS 

1 relating to the administration and management 

2 of trust funds and trust assets;

3 ‘‘(G) provide for regular consultation with 

4 trust fund account holders on the administra5 tion of trust funds and trust assets to ensure, 

6 to the maximum extent practicable in accord7 ance with applicable law and a Plan approved 

8 under section 202, the greatest return on those 

9 funds and assets for the trust fund account 

10 holders; and 

11 ‘‘(H) enter into contracts and compacts 

12 under section 102 of the Indian Self-Deter13 mination Act (25 U.S.C. 450f) or section 403 

14 of the Indian Self Determination and Education 

15 Assistance Act (25 U.S.C. 458cc) to provide for 

16 the management of trust assets and trust funds 

17 by Indian tribes pursuant to a Trust Fund and 

18 Trust Asset Management and Monitoring Plan 

19 developed under section 202 of this Act. 

20 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated such sums as are nec22 essary to carry out this section.’’. 

23 (b) CONFORMING AMENDMENTS.—

24 (1) Title III of the American Indian Trust 

25 Fund Management Reform Act of 1994 (25 U.S.C. 
22

•S 175 IS 

1 4041 et seq.) is amended by striking the title head2 ing and inserting the following: 

3 ‘‘TITLE III—REFORMS RELATING 

4 TO TRUST RESPONSIBILITY’’. 

5 (2) Section 301(1) of the American Indian 

6 Trust Fund Management Reform Act of 1994 (25 

7 U.S.C. 4041(1)) is amended by striking ‘‘by estab8 lishing in the Department of this Interior an Office 

9 of Special Trustee for American Indians’’ and in10 serting ‘‘by directing the Deputy Secretary’’. 

11 (3) Section 303 of the American Indian Trust 

12 Fund Management Reform Act of 1994 (25 U.S.C. 

13 4043) is amended—

14 (A) by striking the section heading and in15 serting the following: 

16 ‘‘SEC. 303. ADDITIONAL AUTHORITIES AND FUNCTIONS OF 

17 THE DEPUTY SECRETARY.’’; 

18 (B) in subsection (a)(1), by striking ‘‘sec19 tion 302(b) of this title’’ and inserting ‘‘section 

20 302(a)(2)’’; 

21 (C) in subsection (e)—

22 (i) by striking the subsection heading 

23 and inserting the following: 

24 ‘‘(e) ACCESS OF DEPUTY SECRETARY.—’’; and 
23

•S 175 IS 

1 (ii) by striking ‘‘and his staff’’ and in2 serting ‘‘and staff of the Deputy Sec3 retary’’; and 

4 (D) by striking ‘‘Special Trustee’’ each 

5 place it appears and inserting ‘‘Deputy Sec6 retary’’. 

7 (4) Sections 304 and 305 of the American In8 dian Trust Fund Management Reform Act of 1994 

9 (25 U.S.C. 4044, 4045) are amended by striking 

10 ‘‘Special Trustee’’ each place it appears and insert11 ing ‘‘Deputy Secretary’’. 

12 SEC. 7. ADVISORY BOARD AND TRIBAL TASK FORCE. 

13 The American Indian Trust Fund Management Re14 form Act of 1994 is amended by striking section 306 (25 

15 U.S.C. 4046) and inserting the following: 

16 ‘‘SEC. 306. TRIBAL TASK FORCE ON TRUST REFORM. 

17 ‘‘(a) ESTABLISHMENT.—As soon as practicable after 

18 the date of enactment of this section, the Deputy Sec19 retary shall establish a Tribal Task Force on Trust Re20 form. 

21 ‘‘(b) COMPOSITION.—

22 ‘‘(1) IN GENERAL.—The Task Force shall be 

23 composed of 18 members and 12 alternates, of 

24 which—

25 ‘‘(A) 6 members shall—
24

•S 175 IS 

1 ‘‘(i) serve as primary members; and 

2 ‘‘(ii) be selected by the Deputy Sec3 retary; 

4 ‘‘(B) 12 members shall—

5 ‘‘(i) serve as primary members; and 

6 ‘‘(ii) be selected by members of feder7 ally-recognized Indian tribes located within 

8 the regions of the Bureau represented by 

9 the members; and 

10 ‘‘(C) the 12 alternates shall—

11 ‘‘(i) serve as alternate members for 

12 the members described in subparagraph 

13 (B); and 

14 ‘‘(ii) be selected by members of feder15 ally-recognized Indian tribes located within 

16 the regions of the Bureau represented by 

17 the members. 

18 ‘‘(2) REGIONAL REPRESENTATION.—Each re19 gion of the Bureau shall be represented by a pri20 mary member and alternate member on the Task 

21 Force. 

22 ‘‘(3) TERM.—A member of the Task Force 

23 shall serve for a term of 2 years. 

24 ‘‘(c) DUTIES.—The Task Force, in cooperation with 

25 the Deputy Secretary, shall—
25

•S 175 IS 

1 ‘‘(1) not later than 1 year after the date of en2 actment of this section, conduct and submit to Con3 gress a report on a study of appropriate standards 

4 and procedures for inventorying and management of 

5 trust assets; and 

6 ‘‘(2) not later than 2 years after the date of en7 actment of this section, identify, and submit to Con8 gress a report that includes recommendations relat9 ing to, modifications to existing law relating to trust 

10 reform, including recommendations on matters such 

11 as—

12 ‘‘(A) the need for an independent commis13 sion to oversee the administration of trust 

14 funds and assets; and 

15 ‘‘(B) the most beneficial administrative 

16 structure and procedures. 

17 ‘‘(d) FACA.—The Task Force shall not be subject 

18 to the Federal Advisory Committee Act (5 U.S.C. App.). 

19 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated such sums as are nec21 essary to carry out this section. 

22 ‘‘(f) TERMINATION OF AUTHORITY.—The Task 

23 Force and authority of the Task Force under this section 

24 terminate on the date that is 3 years after the date of 
26

•S 175 IS 

1 enactment of the Indian Trust Asset and Trust Fund 

2 Management and Reform Act of 2003.’’. 

3 SEC. 8. REGULATIONS. 

4 (a) IN GENERAL.—Not later than 1 year after the 

5 date of enactment of this Act, the Secretary of the Interior 

6 shall promulgate regulations to carry out the amendments 

7 made by this Act. 

8 (b) ACTIVE PARTICIPATION.—

9 (1) IN GENERAL.—All regulations promulgated 

10 under subsection (a) shall be developed through a 

11 negotiated rulemaking in accordance with sub12 chapter II of chapter 5, and chapter 7, of title 5, 

13 United States Code (commonly known as the ‘‘Ad14 ministrative Procedures Act’’). 

15 (2) PARTICIPANTS.—With the exception of the 

16 Secretary of the Interior, each participant in the ne17 gotiated rulemaking under paragraph (1) shall be a 

18 federally-recognized Indian tribe. 

19 SEC. 9. NO EFFECT ON CERTAIN JUDICIAL DECISION. 

20 Nothing in this Act or any amendment made by this 

21 Act limits or otherwise affects any finding, remedy, juris22 diction, authority, or discretion of any court with respect 

23 to Cobell v. Norton, Civ. No. 96–1285 (RCL).

Æ