II 

114TH CONGRESS 

1ST SESSION S. 383 

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

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 5, 2015 

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

was read twice and referred to the Committee on Indian Affairs 

A BILL 

To provide for Indian trust asset management reform, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Indian Trust Asset Reform Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—RECOGNITION OF TRUST RESPONSIBILITY 

Sec. 101. Findings. 

Sec. 102. Reaffirmation of policy. 

TITLE II—INDIAN TRUST ASSET MANAGEMENT DEMONSTRATION 

PROJECT 


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Sec. 201. Short title. 

Sec. 202. Definitions. 

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

Sec. 204. Indian trust asset management plan. 

Sec. 205. Effect of title. 

TITLE III—RESTRUCTURING THE OFFICE OF THE SPECIAL 

TRUSTEE 

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. 

1 TITLE I—RECOGNITION OF 

2 TRUST RESPONSIBILITY 

3 SEC. 101. FINDINGS. 

4 Congress, after careful review of the historical and 

5 special legal relationship of the United States with, and 

6 resulting responsibilities to, Indians, finds that— 

7 (1) the relationship of Indian tribes to the 

8 United States is founded in part on the settled doc9 trine of the law of nations that when a stronger sov10 ereign assumes authority over a weaker sovereign, 

11 the stronger nation assumes a duty of protection for 

12 the weaker nation, which does not surrender the 

13 right to self-government; 

14 (2) the fiduciary responsibilities of the United 

15 States to Indians also are founded in part on spe16 cific commitments made through written treaties 

17 and agreements securing peace, in exchange for 

18 which Indians have surrendered claims to vast tracts 


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1 of land, which provided legal consideration for per2 manent, ongoing performance of Federal trust du3 ties; and 

4 (3) the foregoing historic Federal-tribal rela5 tions and understandings have benefitted the people 

6 of the United States as a whole for centuries and es7 tablished enduring and enforceable Federal obliga8 tions to which the national honor has been com9 mitted. 

10 SEC. 102. REAFFIRMATION OF POLICY. 

11 Pursuant to the constitutionally vested authority of 

12 Congress over Indian affairs, Congress reaffirms that the 

13 fiduciary responsibilities of the United States to Indian 

14 tribes include a duty to promote tribal self-determination 

15 regarding governmental authority and economic develop16 ment. 

17 TITLE II—INDIAN TRUST ASSET 

18 MANAGEMENT DEMONSTRA19 TION PROJECT 

20 SEC. 201. SHORT TITLE. 

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

22 Management Demonstration Project Act of 2015’’. 

23 SEC. 202. DEFINITIONS. 

24 In this title: 


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

2 means an Indian tribe that— 

3 (A) is federally recognized; and 

4 (B) submits an application under section 

5 203(c). 

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

7 Indian trust asset management demonstration 

8 project established under section 203(a). 

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

10 the Secretary of the Interior. 

11 SEC. 203. ESTABLISHMENT OF DEMONSTRATION PROJECT; 

12 SELECTION OF PARTICIPATING INDIAN 

13 TRIBES. 

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

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

17 (b) SELECTION OF PARTICIPATING INDIAN

18 TRIBES.— 

19 (1) IN GENERAL.—An Indian tribe shall be eli20 gible to participate in the Project if— 

21 (A) the Indian tribe submits to the Sec22 retary an application under subsection (c); and 

23 (B) the Secretary approves the application 

24 of the Indian tribe. 

25 (2) NOTICE.— 


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1 (A) IN GENERAL.—The Secretary shall 

2 provide a written notice to each Indian tribe ap3 proved to participate in the Project. 

4 (B) CONTENTS.—A notice under subpara5 graph (A) shall include— 

6 (i) a statement that the application of 

7 the Indian tribe has been approved by the 

8 Secretary; and 

9 (ii) a requirement that the Indian 

10 tribe shall submit to the Secretary a pro11 posed Indian trust asset management plan 

12 in accordance with section 204. 

13 (c) APPLICATION.— 

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

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

16 Secretary a written application in accordance with 

17 paragraph (2). 

18 (2) REQUIREMENTS.—The Secretary shall con19 sider an application under this subsection only if the 

20 application— 

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

22 appropriate action by the governing body of the 

23 Indian tribe, as determined by the Secretary, in 

24 support of or authorizing the application; 


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1 (B) is received by the Secretary after the 

2 date of enactment of this Act; and 

3 (C) states that the Indian tribe is request4 ing to participate in the Project. 

5 (d) DURATION.—The Project— 

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

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

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

9 Secretary. 

10 SEC. 204. INDIAN TRUST ASSET MANAGEMENT PLAN. 

11 (a) PROPOSED PLAN.— 

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

13 Indian tribe receives a notice from the Secretary 

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

16 management plan in accordance with paragraph (2). 

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

18 management plan shall include provisions that— 

19 (A) identify the trust assets that will be 

20 subject to the plan; 

21 (B) establish trust asset management ob22 jectives and priorities for Indian trust assets 

23 that are located within the reservation, or oth24 erwise subject to the jurisdiction, of the Indian 

25 tribe; 


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1 (C) allocate trust asset management fund2 ing that is available for the Indian trust assets 

3 subject to the plan in order to meet the trust 

4 asset management objectives and priorities; 

5 (D) if the Indian tribe has contracted or 

6 compacted functions or activities under the In7 dian Self-Determination and Education Assist8 ance Act (25 U.S.C. 450 et seq.) relating to the 

9 management of trust assets— 

10 (i) identify the functions or activities 

11 that are being performed by the Indian 

12 tribe under the contracts or compacts; and 

13 (ii) describe the practices and proce14 dures that the Indian tribe will follow; 

15 (E) establish procedures for nonbinding 

16 mediation or resolution of any dispute between 

17 the Indian tribe and the United States relating 

18 to the trust asset management plan; 

19 (F) include a process for the Indian tribe 

20 and the Federal agencies affected by the trust 

21 asset management plan to conduct evaluations 

22 to ensure that trust assets are being managed 

23 in accordance with the plan; and 

24 (G) identify any Federal regulations that 

25 will be superseded by the plan. 


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1 (3) TECHNICAL ASSISTANCE AND INFORMA2 TION.—On receipt of a written request from an In3 dian tribe, the Secretary shall provide to the Indian 

4 tribe any technical assistance and information, in5 cluding budgetary information, that the Indian tribe 

6 determines to be necessary for preparation of a pro7 posed plan. 

8 (b) APPROVAL AND DISAPPROVAL OF PROPOSED

9 PLANS.— 

10 (1) APPROVAL.— 

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

12 days after the date on which an Indian tribe 

13 submits a proposed Indian trust asset manage14 ment plan under subsection (a), the Secretary 

15 shall approve or disapprove the proposed plan. 

16 (B) REQUIREMENTS FOR DISAPPROVAL.— 

17 The Secretary shall approve a proposed plan 

18 unless the Secretary determines that— 

19 (i) the proposed plan fails to address 

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

21 (ii) the proposed plan includes 1 or 

22 more provisions that are inconsistent with 

23 subsection (c); or 

24 (iii) the cost of implementing the pro25 posed plan exceeds the amount of funding 


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1 available for the management of trust as2 sets that would be subject to the proposed 

3 plan. 

4 (2) ACTION ON DISAPPROVAL.— 

5 (A) NOTICE.—If the Secretary disapproves 

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

7 Secretary shall provide to the Indian tribe a 

8 written notice of the disapproval, including any 

9 reason why the proposed plan was disapproved. 

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

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

12 the Indian tribe may resubmit an amended pro13 posed plan by not later than 90 days after the 

14 date on which the Indian tribe receives the no15 tice under subparagraph (A). 

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

17 the Secretary fails to approve or disapprove a pro18 posed plan in accordance with paragraph (1), the 

19 plan shall be considered to be approved. 

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

21 seek judicial review of a determination of the Sec22 retary under this subsection in accordance with sub23 chapter II of chapter 5, and chapter 7, of title 5, 

24 United States Code (commonly known as the ‘‘Ad25 ministrative Procedure Act’’), if— 


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1 (A) the Secretary disapproves the proposed 

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

3 and 

4 (B) the Indian tribe has exhausted all 

5 other administrative remedies available to the 

6 Indian tribe. 

7 (c) APPLICABLE LAWS; STANDARDS; TRUST RE8 SPONSIBILITY.— 

9 (1) APPLICABLE PROVISIONS.—Except as pro10 vided in subsection (e), an Indian trust asset man11 agement plan, and any activity carried out under the 

12 plan, shall not be approved unless the proposed plan 

13 is consistent with all treaties, statutes, Executive or14 ders, and court decisions that are applicable to the 

15 trust assets, or the management of the trust assets, 

16 identified in the plan. 

17 (2) STANDARDS.—Subject to the treaties, stat18 utes, Executive orders, and court decisions referred 

19 to in paragraph (1), an Indian trust asset manage20 ment plan shall not be approved unless the Secretary 

21 determines that the plan will— 

22 (A) conform, to the maximum extent prac23 ticable, to the preferred use of each applicable 

24 trust asset by the beneficial owner, unless the 


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1 use is inconsistent with a provision referred to 

2 in paragraph (1); and 

3 (B) protect any applicable treaty-based 

4 fishing, hunting and gathering, and similar 

5 rights relating to the use, access, or enjoyment 

6 of a trust asset. 

7 (d) TERMINATION OF PLAN.— 

8 (1) IN GENERAL.—An Indian tribe may termi9 nate an Indian trust asset management plan on any 

10 date after the date on which a proposed Indian trust 

11 asset management plan is approved by providing to 

12 the Secretary— 

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

14 tribe to terminate the plan; and 

15 (B) a resolution of the governing body of 

16 the Indian tribe authorizing the termination of 

17 the plan. 

18 (2) EFFECTIVE DATE.—A termination of an In19 dian trust asset management plan under paragraph 

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

21 following the date on which a notice is provided to 

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

23 (e) APPROVAL OF CERTAIN AGREEMENTS BY INDIAN

24 TRIBE.— 

25 (1) DEFINITIONS.—In this subsection: 


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1 (A) FOREST LAND MANAGEMENT ACTIV2 ITY.—The term ‘‘forest land management activ3 ity’’ means any activity described in section 

4 304(4) of the National Indian Forest Resources 

5 Management Act (25 U.S.C. 3103(4)). 

6 (B) INTERESTED PARTY.—The term ‘‘in7 terested party’’ means an Indian or non-Indian 

8 individual, entity, or government the interests 

9 of which could be adversely affected by a tribal 

10 trust land leasing decision made by an applica11 ble Indian tribe. 

12 (C) SURFACE LEASING TRANSACTION.— 

13 The term ‘‘surface leasing transaction’’ means 

14 a residential, business, agricultural, or wind or 

15 solar resource lease of land the title to which is 

16 held— 

17 (i) in trust by the United States for 

18 the benefit of an Indian tribe; or 

19 (ii) in fee by an Indian tribe, subject 

20 to restrictions against alienation under 

21 Federal law. 

22 (2) APPROVAL BY SECRETARY.—Notwith23 standing subsection (c)(1), the Secretary may ap24 prove an Indian trust asset management plan that 

25 includes a provision authorizing the Indian tribe to 


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1 enter into, approve, and carry out a surface leasing 

2 transaction or forest land management activity with3 out approval of the Secretary, regardless of whether 

4 the surface leasing transaction or forest land man5 agement activity would require such an approval 

6 under otherwise applicable law (including regula7 tions), if— 

8 (A) the resolution or other action of the 

9 governing body of the Indian tribe referred to 

10 in section 203(c)(2)(A) expressly authorizes the 

11 inclusion of the provision in the Indian trust 

12 asset management plan; and 

13 (B) the Indian tribe has adopted regula14 tions expressly incorporated by reference into 

15 the Indian trust asset management plan that— 

16 (i) with respect to a surface leasing 

17 transaction— 

18 (I) have been approved by the 

19 Secretary pursuant to subsection 

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

21 August 9, 1955 (25 U.S.C. 

22 415(h)(4)); or 

23 (II) have not yet been approved 

24 by the Secretary in accordance with 

25 subclause (I), but that the Secretary 


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1 determines at or prior to the time of 

2 approval under this paragraph meet 

3 the requirements of subsection (h)(3) 

4 of the first section of that Act (25 

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

6 (ii) with respect to forest land man7 agement activities, the Secretary deter8 mines— 

9 (I) are consistent with the regu10 lations of the Secretary adopted under 

11 the National Indian Forest Resources 

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

13 seq.); and 

14 (II) provide for an environmental 

15 review process that includes— 

16 (aa) the identification and 

17 evaluation of any significant ef18 fects of the proposed action on 

19 the environment; and 

20 (bb) a process for ensuring 

21 that— 

22 (AA) the public is in23 formed of, and has a reason24 able opportunity to comment 

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1 mental impacts of the pro2 posed timber resource trans3 action identified by the In4 dian tribe; and 

5 (BB) the Indian tribe 

6 provides responses to rel7 evant and substantive public 

8 comments on any such im9 pacts before the Indian tribe 

10 approves the timber resource 

11 transaction. 

12 (3) TYPES OF TRANSACTIONS.— 

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

14 Indian tribe, an Indian trust asset management 

15 plan may authorize the Indian tribe to carry 

16 out a surface leasing transaction, a forest land 

17 management activity, or both. 

18 (B) SELECTION OF SPECIFIC TRANS19 ACTIONS AND ACTIVITIES.—At the discretion of 

20 the Indian tribe, the Indian tribe may include 

21 in the integrated resource management plan 

22 any 1 or more of the transactions and activities 

23 authorized to be included in the plan under sub24 paragraph (A). 

25 (4) TECHNICAL ASSISTANCE.— 


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1 (A) IN GENERAL.—The Secretary may 

2 provide technical assistance, on request of an 

3 Indian tribe, for development of a regulatory 

4 environmental review process required under 

5 paragraph (2)(B)(ii)(II). 

6 (B) INDIAN SELF-DETERMINATION AND

7 EDUCATION ASSISTANCE ACT.—The technical 

8 assistance to be provided by the Secretary pur9 suant to subparagraph (A) may be made avail10 able through contracts, grants, or agreements 

11 entered into in accordance with, and made 

12 available to entities eligible for, contracts, 

13 grants, or agreements under the Indian Self14 Determination and Education Assistance Act 

15 (25 U.S.C. 450 et seq.). 

16 (5) FEDERAL ENVIRONMENTAL REVIEW.—Not17 withstanding paragraph (2), if an Indian tribe car18 ries out a project or activity funded by a Federal 

19 agency, the Indian tribe shall have the authority to 

20 rely on the environmental review process of the ap21 plicable Federal agency, rather than any tribal envi22 ronmental review process under this subsection. 

23 (6) DOCUMENTATION.—If an Indian tribe exe24 cutes a surface leasing transaction or timber re25 source transaction pursuant to tribal regulations 


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1 under paragraph (2), the Indian tribe shall provide 

2 to the Secretary— 

3 (A) a copy of the surface leasing trans4 action or timber resource transaction docu5 ments, including any amendments to, or renew6 als of, the applicable transaction; and 

7 (B) in the case of tribal regulations, a sur8 face leasing transaction, or forest land manage9 ment activities that allow payments to be made 

10 directly to the Indian tribe, documentation of 

11 the payments that is sufficient to enable the 

12 Secretary to discharge the trust responsibility 

13 of the United States under paragraph (7). 

14 (7) TRUST RESPONSIBILITY.— 

15 (A) IN GENERAL.—The United States 

16 shall not be liable for losses sustained by any 

17 party to a lease executed pursuant to tribal reg18 ulations under paragraph (2). 

19 (B) AUTHORITY OF SECRETARY.—Pursu20 ant to the authority of the Secretary to fulfill 

21 the trust obligation of the United States to In22 dian tribes under Federal law (including regula23 tions), the Secretary may, on reasonable notice 

24 from the applicable Indian tribe and at the dis25 cretion of the Secretary, enforce the provisions 


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1 of, or cancel, any lease executed by the Indian 

2 tribe under paragraph (2). 

3 (8) COMPLIANCE.— 

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

5 after exhausting any applicable tribal remedies, 

6 may submit to the Secretary a petition, at such 

7 time and in such form as the Secretary deter8 mines to be appropriate, to review the compli9 ance of an applicable Indian tribe with any trib10 al regulations approved by the Secretary under 

11 this subsection. 

12 (B) VIOLATIONS.—If the Secretary deter13 mines under subparagraph (A) that a violation 

14 of tribal regulations has occurred, the Secretary 

15 may take any action the Secretary determines 

16 to be necessary to remedy the violation, includ17 ing rescinding the approval of the tribal regula18 tions and reassuming responsibility for the ap19 proval of leases of tribal trust land. 

20 (C) DOCUMENTATION.—If the Secretary 

21 determines under subparagraph (A) that a vio22 lation of tribal regulations has occurred and a 

23 remedy is necessary, the Secretary shall— 


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1 (i) make a written determination with 

2 respect to the regulations that have been 

3 violated; 

4 (ii) provide to the applicable Indian 

5 tribe a written notice of the alleged viola6 tion, together with the written determina7 tion; and 

8 (iii) prior to the exercise of any rem9 edy, the rescission of the approval of the 

10 regulation involved, or the reassumption of 

11 the trust asset transaction approval re12 sponsibilities, provide to the applicable In13 dian tribe— 

14 (I) a hearing on the record; and 

15 (II) a reasonable opportunity to 

16 cure the alleged violation. 

17 SEC. 205. EFFECT OF TITLE. 

18 (a) LIABILITY.—Subject to subsection (b), nothing in 

19 this title or a trust asset management plan approved 

20 under section 204 shall independently diminish, increase, 

21 create, or otherwise affect the liability of the United States 

22 or an Indian tribe participating in the Project for any loss 

23 resulting from the management of an Indian trust asset 

24 under an Indian trust asset management plan. 


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1 (b) DEVIATION FROM STANDARD PRACTICES.—The 

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

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

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

5 that provides for management of a trust asset at a less6 stringent standard than the Secretary would otherwise re7 quire or adhere to in absence of an Indian trust asset 

8 management plan. 

9 (c) EFFECT ON OTHER LAWS.—Except with respect 

10 to any regulation superseded by a trust asset management 

11 plan approved under section 204(b), or any tribal regula12 tion included or incorporated by reference in such a plan 

13 under section 204(e), nothing in this title amends or oth14 erwise affects the application of any treaty, statute, regu15 lation, Executive order, or court decision that is applicable 

16 to Indian trust assets or the management or administra17 tion of Indian trust assets. 

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

19 enhances, diminishes, or otherwise affects the trust re20 sponsibility of the United States to Indian tribes or indi21 vidual Indians. 


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1 TITLE III—RESTRUCTURING THE 

2 OFFICE OF THE SPECIAL 

3 TRUSTEE 

4 SEC. 301. PURPOSE. 

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

6 and accountable administration of duties of the Secretary 

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

10 SEC. 302. DEFINITIONS. 

11 In this title: 

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

13 of Indian Affairs. 

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

15 means the Department of the Interior. 

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

17 the Secretary of the Interior. 

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

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

22 SEC. 303. UNDER SECRETARY FOR INDIAN AFFAIRS. 

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

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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 the BIA, or 


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1 to any other agency or bureau within the Depart2 ment; 

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

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

16 not later than 1 year after the date of enactment of this 

17 Act, the Secretary shall prepare and, after consultation 

18 with Indian tribes and appropriate Indian organizations, 

19 submit to the Committee on Natural Resources of the 

20 House of Representatives, the Committee on Indian Af21 fairs of the Senate, and the Committees on Appropriations 

22 of the House of Representatives and the Senate a report 

23 that includes— 

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

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1 dian trust funds, that the Office of the Special 

2 Trustee performs independently or in concert with 

3 the BIA or other Federal agencies, specifically those 

4 functions that affect or relate to management of 

5 nonmonetary trust resources; 

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

7 of the Special Trustee that will be transitioned to 

8 the BIA or other bureaus or agencies within the De9 partment, together with the timeframes for those 

10 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 of the report. 

15 (b) FIDUCIARY TRUST OFFICERS.—Subject to appli16 cable law and regulations, the Secretary, at the request 

17 of an Indian tribe or consortia of Indian tribes, shall in18 clude fiduciary trust officers in a contract, compact, or 

19 cooperative agreement under the Indian Self-Determina20 tion and Education Assistance Act (25 U.S.C. 450 et 

21 seq.). 

22 SEC. 305. APPRAISALS AND VALUATIONS. 

23 (a) IN GENERAL.—Not later than 18 months after 

24 the date of enactment of this Act, the Secretary, in con25 sultation with Indian tribes and tribal organizations, shall 


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1 ensure that appraisals and valuations of Indian trust 

2 property are administered by a single bureau, agency, or 

3 other administrative entity within the Department. 

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

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

6 shall establish and publish in the Federal Register min7 imum qualifications for individuals to prepare appraisals 

8 and valuations of Indian trust property. 

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

10 an Indian tribe or Indian beneficiary submits to the Sec11 retary an appraisal or valuation that satisfies the min12 imum qualifications described in subsection (b), and that 

13 submission acknowledges the intent of the Indian tribe or 

14 beneficiary to have the appraisal or valuation considered 

15 under this section, the appraisal or valuation— 

16 (1) shall not require any additional review or 

17 approval by the Secretary; and 

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

19 of effectuating the transaction for which the ap20 praisal or valuation is required. 

21 SEC. 306. COST SAVINGS. 

22 (a) IN GENERAL.—Not later than 60 days after the 

23 date of enactment of this Act, for any program, function, 

24 service, or activity (or any portion of a program, function, 

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


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•S 383 IS

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

2 transfer of functions and personnel under this title, the 

3 Secretary shall— 

4 (1) identify the amounts that the Secretary 

5 would otherwise have expended to operate or carry 

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

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

8 and 

9 (2) provide to the tribal representatives of the 

10 Tribal/Interior Budget Council or the representative 

11 of any other appropriate entity that advises the Sec12 retary on Indian program budget or funding issues 

13 a list that describes— 

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

15 activities (or any portion of a program, func16 tion, service, or activity) identified under para17 graph (1); and 

18 (B) the amounts associated with each pro19 gram, function, service, and activity (or portion 

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

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

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

23 (a)(2), the tribal representatives of the Tribal/Interior 

24 Budget Council and the representatives of any other ap25 propriate entities that advise the Secretary on Indian proVerDate Sep 11 2014 20:33 Feb 20, 2015 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S383.IS S383

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1 gram budget or funding issues may provide recommenda2 tions regarding how any amounts or cost savings should 

3 be reallocated, incorporated into future budget requests, 

4 or appropriated to— 

5 (1) the Secretary; 

6 (2) the Office of Management and Budget; 

7 (3) the Committee on Appropriations of the 

8 House of Representatives; 

9 (4) the Committee on Natural Resources of the 

10 House of Representatives; 

11 (5) the Committee on Appropriations of the 

12 Senate; and 

13 (6) the Committee on Indian Affairs of the Sen14 ate. 

Æ 


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