II 

Calendar No. 364 

114TH CONGRESS 

2D SESSION S. 383 

[Report No. 114–207] 

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, Mr. RISCH, and Mrs. MURRAY) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs 

FEBRUARY 8, 2016 

Reported by Mr. BARRASSO, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
2 

•S 383 RS

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

2 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. 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. 

3 TITLE I—RECOGNITION OF 

4 TRUST RESPONSIBILITY 

5 SEC. 101. FINDINGS. 

6 Congress, after careful review of the historical and 

7 special legal relationship of the United States with, and 

8 resulting responsibilities to, Indians, finds that— 

9 (1) the relationship of Indian tribes to the 

10 United States is founded in part on the settled doc11 trine of the law of nations that when a stronger sov12 ereign assumes authority over a weaker sovereign, 

13 the stronger nation assumes a duty of protection for 


asabaliauskas on DSK5VPTVN1PROD with BILLS
3 

•S 383 RS

1 the weaker nation, which does not surrender the 

2 right to self-government; 

3 (2) the fiduciary responsibilities of the United 

4 States to Indians also are founded in part on spe5 cific commitments made through written treaties 

6 and agreements securing peace, in exchange for 

7 which Indians have surrendered claims to vast tracts 

8 of land, which provided legal consideration for per9 manent, ongoing performance of Federal trust du10 ties; and 

11 (3) the foregoing historic Federal-tribal rela12 tions and understandings have benefitted the people 

13 of the United States as a whole for centuries and es14 tablished enduring and enforceable Federal obliga15 tions to which the national honor has been com16 mitted. 

17 SEC. 102. REAFFIRMATION OF POLICY. 

18 Pursuant to the constitutionally vested authority of 

19 Congress over Indian affairs, Congress reaffirms that the 

20 fiduciary responsibilities of the United States to Indian 

21 tribes include a duty to promote tribal self-determination 

22 regarding governmental authority and economic develop23 ment. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
4 

•S 383 RS

1 TITLE II—INDIAN TRUST ASSET 

2 MANAGEMENT DEMONSTRA3 TION PROJECT 

4 SEC. 201. SHORT TITLE. 

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

6 Management Demonstration Project Act of 2015’’. 

7 SEC. 202. DEFINITIONS. 

8 In this title: 

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

10 means an Indian tribe that— 

11 (A) is federally recognized; and 

12 (B) submits an application under section 

13 203(c). 

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

15 Indian trust asset management demonstration 

16 project established under section 203(a). 

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

18 the Secretary of the Interior. 

19 SEC. 203. ESTABLISHMENT OF DEMONSTRATION PROJECT; 

20 SELECTION OF PARTICIPATING INDIAN 

21 TRIBES. 

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

23 carry out an Indian trust asset management demonstra24 tion project, in accordance with this title. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
5 

•S 383 RS

1 (b) SELECTION OF PARTICIPATING INDIAN

2 TRIBES.— 

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

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

7 (B) the Secretary approves the application 

8 of the Indian tribe. 

9 (2) NOTICE.— 

10 (A) IN GENERAL.—The Secretary shall 

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

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

15 (i) a statement that the application of 

16 the Indian tribe has been approved by the 

17 Secretary; and 

18 (ii) a requirement that the Indian 

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

21 in accordance with section 204. 

22 (c) APPLICATION.— 

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

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
6 

•S 383 RS

1 Secretary a written application in accordance with 

2 paragraph (2). 

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

5 application— 

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

7 appropriate action by the governing body of the 

8 Indian tribe, as determined by the Secretary, in 

9 support of or authorizing the application; 

10 (B) is received by the Secretary after the 

11 date of enactment of this Act; and 

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

14 (d) DURATION.—The Project— 

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

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

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

18 Secretary. 

19 SEC. 204. INDIAN TRUST ASSET MANAGEMENT PLAN. 

20 (a) PROPOSED PLAN.— 

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

22 Indian tribe receives a notice from the Secretary 

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

25 management plan in accordance with paragraph (2). 


asabaliauskas on DSK5VPTVN1PROD with BILLS
7 

•S 383 RS

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

2 management plan shall include provisions that— 

3 (A) identify the trust assets that will be 

4 subject to the plan; 

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

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

9 tribe; 

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

12 subject to the plan in order to meet the trust 

13 asset management objectives and priorities; 

14 (D) if the Indian tribe has contracted or 

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

18 management of trust assets— 

19 (i) identify the functions or activities 

20 that are being performed by the Indian 

21 tribe under the contracts or compacts; and 

22 (ii) describe the practices and proce23 dures that the Indian tribe will follow; 

24 (E) establish procedures for nonbinding 

25 mediation or resolution of any dispute between 


asabaliauskas on DSK5VPTVN1PROD with BILLS
8 

•S 383 RS

1 the Indian tribe and the United States relating 

2 to the trust asset management plan; 

3 (F) include a process for the Indian tribe 

4 and the Federal agencies affected by the trust 

5 asset management plan to conduct evaluations 

6 to ensure that trust assets are being managed 

7 in accordance with the plan; and 

8 (G) identify any Federal regulations that 

9 will be superseded by the plan. 

10 (3) TECHNICAL ASSISTANCE AND INFORMA11 TION.—On receipt of a written request from an In12 dian tribe, the Secretary shall provide to the Indian 

13 tribe any technical assistance and information, in14 cluding budgetary information, that the Indian tribe 

15 determines to be necessary for preparation of a pro16 posed plan. 

17 (b) APPROVAL AND DISAPPROVAL OF PROPOSED

18 PLANS.— 

19 (1) APPROVAL.— 

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

21 days after the date on which an Indian tribe 

22 submits a proposed Indian trust asset manage23 ment plan under subsection (a), the Secretary 

24 shall approve or disapprove the proposed plan. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
9 

•S 383 RS

1 (B) REQUIREMENTS FOR DISAPPROVAL.— 

2 The Secretary shall approve a proposed plan 

3 unless the Secretary determines that— 

4 (i) the proposed plan fails to address 

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

6 (ii) the proposed plan includes 1 or 

7 more provisions that are inconsistent with 

8 subsection (c); or 

9 (iii) the cost of implementing the pro10 posed plan exceeds the amount of funding 

11 available for the management of trust as12 sets that would be subject to the proposed 

13 plan. 

14 (2) ACTION ON DISAPPROVAL.— 

15 (A) NOTICE.—If the Secretary disapproves 

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

17 Secretary shall provide to the Indian tribe a 

18 written notice of the disapproval, including any 

19 reason why the proposed plan was disapproved. 

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

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

22 the Indian tribe may resubmit an amended pro23 posed plan by not later than 90 days after the 

24 date on which the Indian tribe receives the no25 tice under subparagraph (A). 


asabaliauskas on DSK5VPTVN1PROD with BILLS
10 

•S 383 RS

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

2 the Secretary fails to approve or disapprove a pro3 posed plan in accordance with paragraph (1), the 

4 plan shall be considered to be approved. 

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

6 seek judicial review of a determination of the Sec7 retary under this subsection in accordance with sub8 chapter II of chapter 5, and chapter 7, of title 5, 

9 United States Code (commonly known as the ‘‘Ad10 ministrative Procedure Act’’), if— 

11 (A) the Secretary disapproves the proposed 

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

13 and 

14 (B) the Indian tribe has exhausted all 

15 other administrative remedies available to the 

16 Indian tribe. 

17 (c) APPLICABLE LAWS; STANDARDS; TRUST RE18 SPONSIBILITY.— 

19 (1) APPLICABLE PROVISIONS.—Except as pro20 vided in subsection (e), an Indian trust asset man21 agement plan, and any activity carried out under the 

22 plan, shall not be approved unless the proposed plan 

23 is consistent with all treaties, statutes, Executive or24 ders, and court decisions that are applicable to the 


asabaliauskas on DSK5VPTVN1PROD with BILLS
11 

•S 383 RS

1 trust assets, or the management of the trust assets, 

2 identified in the plan. 

3 (2) STANDARDS.—Subject to the treaties, stat4 utes, Executive orders, and court decisions referred 

5 to in paragraph (1), an Indian trust asset manage6 ment plan shall not be approved unless the Secretary 

7 determines that the plan will— 

8 (A) conform, to the maximum extent prac9 ticable, to the preferred use of each applicable 

10 trust asset by the beneficial owner, unless the 

11 use is inconsistent with a provision referred to 

12 in paragraph (1); and 

13 (B) protect any applicable treaty-based 

14 fishing, hunting and gathering, and similar 

15 rights relating to the use, access, or enjoyment 

16 of a trust asset. 

17 (d) TERMINATION OF PLAN.— 

18 (1) IN GENERAL.—An Indian tribe may termi19 nate an Indian trust asset management plan on any 

20 date after the date on which a proposed Indian trust 

21 asset management plan is approved by providing to 

22 the Secretary— 

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

24 tribe to terminate the plan; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
12 

•S 383 RS

1 (B) a resolution of the governing body of 

2 the Indian tribe authorizing the termination of 

3 the plan. 

4 (2) EFFECTIVE DATE.—A termination of an In5 dian trust asset management plan under paragraph 

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

7 following the date on which a notice is provided to 

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

9 (e) APPROVAL OF CERTAIN AGREEMENTS BY INDIAN

10 TRIBE.— 

11 (1) DEFINITIONS.—In this subsection: 

12 (A) FOREST LAND MANAGEMENT ACTIV13 ITY.—The term ‘‘forest land management activ14 ity’’ means any activity described in section 

15 304(4) of the National Indian Forest Resources 

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

17 (B) INTERESTED PARTY.—The term ‘‘in18 terested party’’ means an Indian or non-Indian 

19 individual, entity, or government the interests 

20 of which could be adversely affected by a tribal 

21 trust land leasing decision made by an applica22 ble Indian tribe. 

23 (C) SURFACE LEASING TRANSACTION.— 

24 The term ‘‘surface leasing transaction’’ means 

25 a residential, business, agricultural, or wind or 


asabaliauskas on DSK5VPTVN1PROD with BILLS
13 

•S 383 RS

1 solar resource lease of land the title to which is 

2 held— 

3 (i) in trust by the United States for 

4 the benefit of an Indian tribe; or 

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

6 to restrictions against alienation under 

7 Federal law. 

8 (2) APPROVAL BY SECRETARY.—Notwith9 standing subsection (c)(1), the Secretary may ap10 prove an Indian trust asset management plan that 

11 includes a provision authorizing the Indian tribe to 

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

13 transaction or forest land management activity with14 out approval of the Secretary, regardless of whether 

15 the surface leasing transaction or forest land man16 agement activity would require such an approval 

17 under otherwise applicable law (including regula18 tions), if— 

19 (A) the resolution or other action of the 

20 governing body of the Indian tribe referred to 

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

22 inclusion of the provision in the Indian trust 

23 asset management plan; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
14 

•S 383 RS

1 (B) the Indian tribe has adopted regula2 tions expressly incorporated by reference into 

3 the Indian trust asset management plan that— 

4 (i) with respect to a surface leasing 

5 transaction— 

6 (I) have been approved by the 

7 Secretary pursuant to subsection 

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

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

10 415(h)(4)); or 

11 (II) have not yet been approved 

12 by the Secretary in accordance with 

13 subclause (I), but that the Secretary 

14 determines at or prior to the time of 

15 approval under this paragraph meet 

16 the requirements of subsection (h)(3) 

17 of the first section of that Act (25 

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

19 (ii) with respect to forest land man20 agement activities, the Secretary deter21 mines— 

22 (I) are consistent with the regu23 lations of the Secretary adopted under 

24 the National Indian Forest Resources 


asabaliauskas on DSK5VPTVN1PROD with BILLS
15 

•S 383 RS

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

2 seq.); and 

3 (II) provide for an environmental 

4 review process that includes— 

5 (aa) the identification and 

6 evaluation of any significant ef7 fects of the proposed action on 

8 the environment; and 

9 (bb) a process for ensuring 

10 that— 

11 (AA) the public is in12 formed of, and has a reason13 able opportunity to comment 

14 on, any significant environ15 mental impacts of the pro16 posed timber resource trans17 action identified by the In18 dian tribe; and 

19 (BB) the Indian tribe 

20 provides responses to rel21 evant and substantive public 

22 comments on any such im23 pacts before the Indian tribe 

24 approves the timber resource 

25 transaction. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
16 

•S 383 RS

1 (3) TYPES OF TRANSACTIONS.— 

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

3 Indian tribe, an Indian trust asset management 

4 plan may authorize the Indian tribe to carry 

5 out a surface leasing transaction, a forest land 

6 management activity, or both. 

7 (B) SELECTION OF SPECIFIC TRANS8 ACTIONS AND ACTIVITIES.—At the discretion of 

9 the Indian tribe, the Indian tribe may include 

10 in the integrated resource management plan 

11 any 1 or more of the transactions and activities 

12 authorized to be included in the plan under sub13 paragraph (A). 

14 (4) TECHNICAL ASSISTANCE.— 

15 (A) IN GENERAL.—The Secretary may 

16 provide technical assistance, on request of an 

17 Indian tribe, for development of a regulatory 

18 environmental review process required under 

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

20 (B) INDIAN SELF-DETERMINATION AND

21 EDUCATION ASSISTANCE ACT.—The technical 

22 assistance to be provided by the Secretary pur23 suant to subparagraph (A) may be made avail24 able through contracts, grants, or agreements 

25 entered into in accordance with, and made 


asabaliauskas on DSK5VPTVN1PROD with BILLS
17 

•S 383 RS

1 available to entities eligible for, contracts, 

2 grants, or agreements under the Indian Self3 Determination and Education Assistance Act 

4 (25 U.S.C. 450 et seq.). 

5 (5) FEDERAL ENVIRONMENTAL REVIEW.—Not6 withstanding paragraph (2), if an Indian tribe car7 ries out a project or activity funded by a Federal 

8 agency, the Indian tribe shall have the authority to 

9 rely on the environmental review process of the ap10 plicable Federal agency, rather than any tribal envi11 ronmental review process under this subsection. 

12 (6) DOCUMENTATION.—If an Indian tribe exe13 cutes a surface leasing transaction or timber re14 source transaction pursuant to tribal regulations 

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

16 to the Secretary— 

17 (A) a copy of the surface leasing trans18 action or timber resource transaction docu19 ments, including any amendments to, or renew20 als of, the applicable transaction; and 

21 (B) in the case of tribal regulations, a sur22 face leasing transaction, or forest land manage23 ment activities that allow payments to be made 

24 directly to the Indian tribe, documentation of 

25 the payments that is sufficient to enable the 


asabaliauskas on DSK5VPTVN1PROD with BILLS
18 

•S 383 RS

1 Secretary to discharge the trust responsibility 

2 of the United States under paragraph (7). 

3 (7) TRUST RESPONSIBILITY.— 

4 (A) IN GENERAL.—The United States 

5 shall not be liable for losses sustained by any 

6 party to a lease executed pursuant to tribal reg7 ulations under paragraph (2). 

8 (B) AUTHORITY OF SECRETARY.—Pursu9 ant to the authority of the Secretary to fulfill 

10 the trust obligation of the United States to In11 dian tribes under Federal law (including regula12 tions), the Secretary may, on reasonable notice 

13 from the applicable Indian tribe and at the dis14 cretion of the Secretary, enforce the provisions 

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

16 tribe under paragraph (2). 

17 (8) COMPLIANCE.— 

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

19 after exhausting any applicable tribal remedies, 

20 may submit to the Secretary a petition, at such 

21 time and in such form as the Secretary deter22 mines to be appropriate, to review the compli23 ance of an applicable Indian tribe with any trib24 al regulations approved by the Secretary under 

25 this subsection. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
19 

•S 383 RS

1 (B) VIOLATIONS.—If the Secretary deter2 mines under subparagraph (A) that a violation 

3 of tribal regulations has occurred, the Secretary 

4 may take any action the Secretary determines 

5 to be necessary to remedy the violation, includ6 ing rescinding the approval of the tribal regula7 tions and reassuming responsibility for the ap8 proval of leases of tribal trust land. 

9 (C) DOCUMENTATION.—If the Secretary 

10 determines under subparagraph (A) that a vio11 lation of tribal regulations has occurred and a 

12 remedy is necessary, the Secretary shall— 

13 (i) make a written determination with 

14 respect to the regulations that have been 

15 violated; 

16 (ii) provide to the applicable Indian 

17 tribe a written notice of the alleged viola18 tion, together with the written determina19 tion; and 

20 (iii) prior to the exercise of any rem21 edy, the rescission of the approval of the 

22 regulation involved, or the reassumption of 

23 the trust asset transaction approval re24 sponsibilities, provide to the applicable In25 dian tribe— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
20 

•S 383 RS

1 (I) a hearing on the record; and 

2 (II) a reasonable opportunity to 

3 cure the alleged violation. 

4 SEC. 205. EFFECT OF TITLE. 

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

6 this title or a trust asset management plan approved 

7 under section 204 shall independently diminish, increase, 

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

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

10 resulting from the management of an Indian trust asset 

11 under an Indian trust asset management plan. 

12 (b) DEVIATION FROM STANDARD PRACTICES.—The 

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

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

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

16 that provides for management of a trust asset at a less17 stringent standard than the Secretary would otherwise re18 quire or adhere to in absence of an Indian trust asset 

19 management plan. 

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

21 to any regulation superseded by a trust asset management 

22 plan approved under section 204(b), or any tribal regula23 tion included or incorporated by reference in such a plan 

24 under section 204(e), nothing in this title amends or oth25 erwise affects the application of any treaty, statute, reguVerDate Sep 11 2014 21:38 Feb 08, 2016 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6401 E:\BILLS\S383.RS S383

asabaliauskas on DSK5VPTVN1PROD with BILLS
21 

•S 383 RS

1 lation, Executive order, or court decision that is applicable 

2 to Indian trust assets or the management or administra3 tion of Indian trust assets. 

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

5 enhances, diminishes, or otherwise affects the trust re6 sponsibility of the United States to Indian tribes or indi7 vidual Indians. 

8 TITLE III—RESTRUCTURING THE 

9 OFFICE OF THE SPECIAL 

10 TRUSTEE 

11 SEC. 301. PURPOSE. 

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

13 and accountable administration of duties of the Secretary 

14 of the Interior with respect to providing services and pro15 grams to Indians and Indian tribes, including the manage16 ment of Indian trust resources. 

17 SEC. 302. DEFINITIONS. 

18 In this title: 

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

20 of Indian Affairs. 

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

22 means the Department of the Interior. 

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

24 the Secretary of the Interior. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
22 

•S 383 RS

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

2 Secretary’’ means the individual appointed to the po3 sition of Under Secretary for Indian Affairs estab4 lished under section 303(a). 

5 SEC. 303. UNDER SECRETARY FOR INDIAN AFFAIRS. 

6 (a) ESTABLISHMENT OF POSITION.—Notwith7 standing any other provision of law, the Secretary may 

8 establish in the Department the position of Under Sec9 retary for Indian Affairs, who shall report directly to the 

10 Secretary. 

11 (b) APPOINTMENT.— 

12 (1) IN GENERAL.—Except as provided in para13 graph (2), the Under Secretary shall be appointed 

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

15 of the Senate. 

16 (2) EXCEPTION.—The individual serving as the 

17 Assistant Secretary for Indian Affairs on the date of 

18 enactment of this Act may assume the position of 

19 Under Secretary without appointment under para20 graph (1), if— 

21 (A) that individual was appointed as As22 sistant Secretary for Indian Affairs by the 

23 President, by and with the advice and consent 

24 of the Senate; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
23 

•S 383 RS

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

2 of enactment of this Act, the Secretary ap3 proves the assumption. 

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

5 by the Secretary, the Under Secretary shall— 

6 (1) coordinate with the Special Trustee for 

7 American Indians to ensure an orderly transition of 

8 the functions of the Special Trustee to the BIA, or 

9 to any other agency or bureau within the Depart10 ment; 

11 (2) to the maximum extent practicable, super12 vise and coordinate activities and policies of the BIA 

13 with activities and policies of— 

14 (A) the Bureau of Reclamation; 

15 (B) the Bureau of Land Management; 

16 (C) the Office of Natural Resources Rev17 enue; 

18 (D) the National Park Service; and 

19 (E) the United States Fish and Wildlife 

20 Service; and 

21 (3) provide for regular consultation with Indi22 ans and Indian tribes that own interests in trust re23 sources and trust fund accounts. 

24 (d) PERSONNEL PROVISIONS.— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
24 

•S 383 RS

1 (1) APPOINTMENTS.—The Under Secretary 

2 may appoint and fix the compensation of such offi3 cers and employees as the Under Secretary deter4 mines to be necessary to carry out any function 

5 transferred under this section. 

6 (2) REQUIREMENTS.—Except as otherwise pro7 vided by law— 

8 (A) any officer or employee described in 

9 paragraph (1) shall be appointed in accordance 

10 with the civil service laws; 

11 (B) the compensation of such an officer or 

12 employee shall be fixed in accordance with title 

13 5, United States Code; and 

14 (C) in appointing or otherwise hiring any 

15 employee, the Under Secretary shall give pref16 erence to Indians in accordance with section 12 

17 of the Act of June 18, 1934 (25 U.S.C. 472). 

18 SEC. 304. OFFICE OF SPECIAL TRUSTEE FOR AMERICAN IN19 DIANS. 

20 (a) REPORT TO CONGRESS.—Notwithstanding sec21 tions 302 and 303 of the American Indian Trust Fund 

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

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

24 Act, the Secretary shall prepare and, after consultation 

25 with Indian tribes and appropriate Indian organizations, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
25 

•S 383 RS

1 submit to the Committee on Natural Resources of the 

2 House of Representatives, the Committee on Indian Af3 fairs of the Senate, and the Committees on Appropriations 

4 of the House of Representatives and the Senate a report 

5 that includes— 

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

7 the collection, management, and investment of In8 dian trust funds, that the Office of the Special 

9 Trustee performs independently or in concert with 

10 the BIA or other Federal agencies, specifically those 

11 functions that affect or relate to management of 

12 nonmonetary trust resources; 

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

14 of the Special Trustee that will be transitioned to 

15 the BIA or other bureaus or agencies within the De16 partment, together with the timeframes for those 

17 transfers; and 

18 (3) a transition plan and timetable for the ter19 mination of the Office of the Special Trustee, to 

20 occur not later than 2 years after the date of sub21 mission of the report. 

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

24 of an Indian tribe or consortia of Indian tribes, shall in25 clude fiduciary trust officers in a contract, compact, or 


asabaliauskas on DSK5VPTVN1PROD with BILLS
26 

•S 383 RS

1 cooperative agreement under the Indian Self-Determina2 tion and Education Assistance Act (25 U.S.C. 450 et 

3 seq.). 

4 SEC. 305. APPRAISALS AND VALUATIONS. 

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

6 the date of enactment of this Act, the Secretary, in con7 sultation with Indian tribes and tribal organizations, shall 

8 ensure that appraisals and valuations of Indian trust 

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

10 other administrative entity within the Department. 

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

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

13 shall establish and publish in the Federal Register min14 imum qualifications for individuals to prepare appraisals 

15 and valuations of Indian trust property. 

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

17 an Indian tribe or Indian beneficiary submits to the Sec18 retary an appraisal or valuation that satisfies the min19 imum qualifications described in subsection (b), and that 

20 submission acknowledges the intent of the Indian tribe or 

21 beneficiary to have the appraisal or valuation considered 

22 under this section, the appraisal or valuation— 

23 (1) shall not require any additional review or 

24 approval by the Secretary; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
27 

•S 383 RS

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

2 of effectuating the transaction for which the ap3 praisal or valuation is required. 

4 SEC. 306. COST SAVINGS. 

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

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

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

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

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

10 transfer of functions and personnel under this title, the 

11 Secretary shall— 

12 (1) identify the amounts that the Secretary 

13 would otherwise have expended to operate or carry 

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

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

16 and 

17 (2) provide to the tribal representatives of the 

18 Tribal/Interior Budget Council or the representative 

19 of any other appropriate entity that advises the Sec20 retary on Indian program budget or funding issues 

21 a list that describes— 

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

23 activities (or any portion of a program, func24 tion, service, or activity) identified under para25 graph (1); and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
28 

•S 383 RS

1 (B) the amounts associated with each pro2 gram, function, service, and activity (or portion 

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

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

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

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

7 Budget Council and the representatives of any other ap8 propriate entities that advise the Secretary on Indian pro9 gram budget or funding issues may provide recommenda10 tions regarding how any amounts or cost savings should 

11 be reallocated, incorporated into future budget requests, 

12 or appropriated to— 

13 (1) the Secretary; 

14 (2) the Office of Management and Budget; 

15 (3) the Committee on Appropriations of the 

16 House of Representatives; 

17 (4) the Committee on Natural Resources of the 

18 House of Representatives; 

19 (5) the Committee on Appropriations of the 

20 Senate; and 

21 (6) the Committee on Indian Affairs of the Sen22 ate. 

23 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

24 (a) SHORT TITLE.—This Act may be cited as the ‘‘In25 dian Trust Asset Reform Act’’. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
29 

•S 383 RS

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

2 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. 

3 TITLE I—RECOGNITION OF 

4 TRUST RESPONSIBILITY 

5 SEC. 101. FINDINGS. 

6 Congress finds that— 

7 (1) there exists a unique relationship between the 

8 Government of the United States and the governments 

9 of Indian tribes; 

10 (2) there exists a unique Federal responsibility 

11 to Indians; 

12 (3) through treaties, statutes, and historical rela13 tions with Indian tribes, the United States has underVerDate Sep 11 2014 21:38 Feb 08, 2016 Jkt 059200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6203 E:\BILLS\S383.RS S383

asabaliauskas on DSK5VPTVN1PROD with BILLS
30 

•S 383 RS

1 taken a unique trust responsibility to protect and 

2 support Indian tribes and Indians; 

3 (4) the fiduciary responsibilities of the United 

4 States to Indians also are founded in part on specific 

5 commitments made through written treaties and 

6 agreements securing peace, in exchange for which In7 dians have surrendered claims to vast tracts of land, 

8 which provided legal consideration for permanent, on9 going performance of Federal trust duties; and 

10 (5) the foregoing historic Federal-tribal relations 

11 and understandings have benefitted the people of the 

12 United States as a whole for centuries and have estab13 lished enduring and enforceable Federal obligations to 

14 which the national honor has been committed. 

15 SEC. 102. REAFFIRMATION OF POLICY. 

16 Pursuant to the constitutionally vested authority of 

17 Congress over Indian affairs, Congress reaffirms that the 

18 fiduciary responsibilities of the United States to Indian 

19 tribes include a duty to promote tribal self-determination 

20 regarding governmental authority and economic develop21 ment. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
31 

•S 383 RS

1 TITLE II—INDIAN TRUST ASSET 

2 MANAGEMENT DEMONSTRA3 TION PROJECT 

4 SEC. 201. SHORT TITLE. 

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

6 Management Demonstration Project Act of 2015’’. 

7 SEC. 202. DEFINITIONS. 

8 In this title: 

9 (1) INDIAN TRIBE.—‘‘Indian tribe’’ has the 

10 meaning given the term in the Indian Self-Deter11 mination and Education Assistance Act (25 U.S.C. 

12 450b). 

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

14 Indian trust asset management demonstration project 

15 established under section 203(a). 

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

17 the Secretary of the Interior. 

18 SEC. 203. ESTABLISHMENT OF DEMONSTRATION PROJECT; 

19 SELECTION OF PARTICIPATING INDIAN 

20 TRIBES. 

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

22 carry out an Indian trust asset management demonstration 

23 project, in accordance with this title. 

24 (b) SELECTION OF PARTICIPATING INDIAN TRIBES.— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
32 

•S 383 RS

1 (1) IN GENERAL.—An Indian tribe shall be eligi2 ble to participate in the Project if— 

3 (A) the Indian tribe submits to the Sec4 retary an application under subsection (c); and 

5 (B) the Secretary approves the application 

6 of the Indian tribe. 

7 (2) NOTICE.— 

8 (A) IN GENERAL.—The Secretary shall pro9 vide a written notice to each Indian tribe ap10 proved to participate in the Project. 

11 (B) CONTENTS.—A notice under subpara12 graph (A) shall include— 

13 (i) a statement that the application of 

14 the Indian tribe has been approved by the 

15 Secretary; and 

16 (ii) a requirement that the Indian 

17 tribe shall submit to the Secretary a pro18 posed Indian trust asset management plan 

19 in accordance with section 204. 

20 (c) APPLICATION.— 

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

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

23 Secretary a written application in accordance with 

24 paragraph (2). 


asabaliauskas on DSK5VPTVN1PROD with BILLS
33 

•S 383 RS

1 (2) REQUIREMENTS.—The Secretary shall con2 sider an application under this subsection only if the 

3 application— 

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

5 appropriate action by the governing body of the 

6 Indian tribe, as determined by the Secretary, in 

7 support of or authorizing the application; 

8 (B) is received by the Secretary after the 

9 date of enactment of this Act; and 

10 (C) states that the Indian tribe is requesting 

11 to participate in the Project. 

12 (d) DURATION.—The Project— 

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

14 after the date of enactment of this Act; but 

15 (2) may be extended at the discretion of the Sec16 retary. 

17 SEC. 204. INDIAN TRUST ASSET MANAGEMENT PLAN. 

18 (a) PROPOSED PLAN.— 

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

20 Indian tribe receives a notice from the Secretary 

21 under section 203(b)(2), the Indian tribe shall submit 

22 to the Secretary a proposed Indian trust asset man23 agement plan in accordance with paragraph (2). 

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

25 management plan shall include provisions that— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
34 

•S 383 RS

1 (A) identify the trust assets that will be sub2 ject to the plan; 

3 (B) establish trust asset management objec4 tives and priorities for Indian trust assets that 

5 are located within the reservation, or otherwise 

6 subject to the jurisdiction, of the Indian tribe; 

7 (C) allocate trust asset management funding 

8 that is available for the Indian trust assets sub9 ject to the plan in order to meet the trust asset 

10 management objectives and priorities; 

11 (D) if the Indian tribe has contracted or 

12 compacted functions or activities under the In13 dian Self-Determination and Education Assist14 ance Act (25 U.S.C. 450 et seq.) relating to the 

15 management of trust assets— 

16 (i) identify the functions or activities 

17 that are being or will be performed by the 

18 Indian tribe under the contracts, compacts, 

19 or other agreements under that Act, which 

20 may include any of the surface leasing or 

21 forest land management activities author22 ized by the proposed plan pursuant to sec23 tion 205(b); and 

24 (ii) describe the practices and proce25 dures that the Indian tribe will follow; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
35 

•S 383 RS

1 (E) establish procedures for nonbinding me2 diation or resolution of any dispute between the 

3 Indian tribe and the United States relating to 

4 the trust asset management plan; 

5 (F) include a process for the Indian tribe 

6 and the Federal agencies affected by the trust 

7 asset management plan to conduct evaluations to 

8 ensure that trust assets are being managed in ac9 cordance with the plan; and 

10 (G) identify any Federal regulations that 

11 will be superseded by the plan. 

12 (3) TECHNICAL ASSISTANCE AND INFORMA13 TION.—On receipt of a written request from an In14 dian tribe, the Secretary shall provide to the Indian 

15 tribe any technical assistance and information, in16 cluding budgetary information, that the Indian tribe 

17 determines to be necessary for preparation of a pro18 posed plan. 

19 (b) APPROVAL AND DISAPPROVAL OF PROPOSED

20 PLANS.— 

21 (1) APPROVAL.— 

22 (A) IN GENERAL.—Not later than 120 days 

23 after the date on which an Indian tribe submits 

24 a proposed Indian trust asset management plan 


asabaliauskas on DSK5VPTVN1PROD with BILLS
36 

•S 383 RS

1 under subsection (a), the Secretary shall approve 

2 or disapprove the proposed plan. 

3 (B) REQUIREMENTS FOR DISAPPROVAL.— 

4 The Secretary shall approve a proposed plan un5 less the Secretary determines that— 

6 (i) the proposed plan fails to address a 

7 requirement under subsection (a)(2); 

8 (ii) the proposed plan includes 1 or 

9 more provisions that are inconsistent with 

10 subsection (c); or 

11 (iii) the cost of implementing the pro12 posed plan exceeds the amount of funding 

13 available for the management of trust assets 

14 that would be subject to the proposed plan. 

15 (2) ACTION ON DISAPPROVAL.— 

16 (A) NOTICE.—If the Secretary disapproves 

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

18 Secretary shall provide to the Indian tribe a 

19 written notice of the disapproval, including any 

20 reason why the proposed plan was disapproved. 

21 (B) ACTION BY TRIBES.—If a proposed plan 

22 is disapproved under paragraph (1)(B), the In23 dian tribe may resubmit an amended proposed 

24 plan by not later than 90 days after the date on 


asabaliauskas on DSK5VPTVN1PROD with BILLS
37 

•S 383 RS

1 which the Indian tribe receives the notice under 

2 subparagraph (A). 

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

4 the Secretary fails to approve or disapprove a pro5 posed plan in accordance with paragraph (1), the 

6 plan shall be considered to be approved. 

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

8 seek judicial review of a determination of the Sec9 retary under this subsection in accordance with sub10 chapter II of chapter 5, and chapter 7, of title 5, 

11 United States Code (commonly known as the ‘‘Admin12 istrative Procedure Act’’), if— 

13 (A) the Secretary disapproves the proposed 

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

15 and 

16 (B) the Indian tribe has exhausted all other 

17 administrative remedies available to the Indian 

18 tribe. 

19 (c) APPLICABLE LAWS.—Subject to section 205, an In20 dian trust asset management plan, and any activity car21 ried out under the plan, shall not be approved unless the 

22 proposed plan is consistent with any treaties, statutes, and 

23 Executive orders that are applicable to the trust assets, or 

24 the management of the trust assets, identified in the plan. 

25 (d) TERMINATION OF PLAN.— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
38 

•S 383 RS

1 (1) IN GENERAL.—An Indian tribe may termi2 nate an Indian trust asset management plan on any 

3 date after the date on which a proposed Indian trust 

4 asset management plan is approved by providing to 

5 the Secretary— 

6 (A) a notice of the intent of the Indian tribe 

7 to terminate the plan; and 

8 (B) a resolution of the governing body of the 

9 Indian tribe authorizing the termination of the 

10 plan. 

11 (2) EFFECTIVE DATE.—A termination of an In12 dian trust asset management plan under paragraph 

13 (1) takes effect on October 1 of the first fiscal year fol14 lowing the date on which a notice is provided to the 

15 Secretary under paragraph (1)(A). 

16 SEC. 205. FOREST LAND MANAGEMENT AND SURFACE LEAS17 ING ACTIVITIES. 

18 (a) DEFINITIONS.—In this section: 

19 (1) FOREST LAND MANAGEMENT ACTIVITY.—The 

20 term ‘‘forest land management activity’’ means any 

21 activity described in section 304(4) of the National 

22 Indian Forest Resources Management Act (25 U.S.C. 

23 3103(4)). 

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

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
39 

•S 383 RS

1 entity, or government the interests of which could be 

2 adversely affected by a tribal trust land leasing deci3 sion made by an applicable Indian tribe. 

4 (3) SURFACE LEASING TRANSACTION.—The term 

5 ‘‘surface leasing transaction’’ means a residential, 

6 business, agricultural, or wind or solar resource lease 

7 of land the title to which is held— 

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

9 benefit of an Indian tribe; or 

10 (B) in fee by an Indian tribe, subject to re11 strictions against alienation under Federal law. 

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

13 approve an Indian trust asset management plan that in14 cludes a provision authorizing the Indian tribe to enter 

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

16 or forest land management activity without approval of the 

17 Secretary, regardless of whether the surface leasing trans18 action or forest land management activity would require 

19 such an approval under otherwise applicable law (including 

20 regulations), if— 

21 (1) the resolution or other action of the governing 

22 body of the Indian tribe referred to in section 

23 203(c)(2)(A) expressly authorizes the inclusion of the 

24 provision in the Indian trust asset management plan; 

25 and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
40 

•S 383 RS

1 (2) the Indian tribe has adopted regulations ex2 pressly incorporated by reference into the Indian 

3 trust asset management plan that— 

4 (A) with respect to a surface leasing trans5 action— 

6 (i) have been approved by the Sec7 retary pursuant to subsection (h)(4) of the 

8 first section of the Act of August 9, 1955 (25 

9 U.S.C. 415(h)(4)); or 

10 (ii) have not yet been approved by the 

11 Secretary in accordance with clause (i), but 

12 that the Secretary determines at or prior to 

13 the time of approval under this paragraph 

14 meet the requirements of subsection (h)(3) of 

15 the first section of that Act (25 U.S.C. 

16 415(h)(3)); or 

17 (B) with respect to forest land management 

18 activities, the Secretary determines— 

19 (i) are consistent with the regulations 

20 of the Secretary adopted under the National 

21 Indian Forest Resources Management Act 

22 (25 U.S.C. 3101 et seq.); and 

23 (ii) provide for an environmental re24 view process that includes— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
41 

•S 383 RS

1 (I) the identification and evalua2 tion of any significant effects of the 

3 proposed action on the environment; 

4 and 

5 (II) a process consistent with the 

6 regulations described in clause (i) for 

7 ensuring that— 

8 (aa) the public is informed 

9 of, and has a reasonable oppor10 tunity to comment on, any sig11 nificant environmental impacts of 

12 the proposed forest land manage13 ment activity identified by the In14 dian tribe; and 

15 (bb) the Indian tribe pro16 vides responses to relevant and 

17 substantive public comments on 

18 any such impacts before the In19 dian tribe approves the forest land 

20 management activity. 

21 (c) TYPES OF TRANSACTIONS.— 

22 (1) IN GENERAL.—At the discretion of the In23 dian tribe, an Indian trust asset management plan 

24 may authorize the Indian tribe to carry out a surface 


asabaliauskas on DSK5VPTVN1PROD with BILLS
42 

•S 383 RS

1 leasing transaction, a forest land management activ2 ity, or both. 

3 (2) SELECTION OF SPECIFIC TRANSACTIONS AND

4 ACTIVITIES.—At the discretion of the Indian tribe, the 

5 Indian tribe may include in the integrated resource 

6 management plan any 1 or more of the transactions 

7 and activities authorized to be included in the plan 

8 under subsection (b). 

9 (d) TECHNICAL ASSISTANCE.— 

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

11 technical assistance, on request of an Indian tribe, for 

12 development of a regulatory environmental review 

13 process required under subsection (b)(2)(B)(ii). 

14 (2) INDIAN SELF-DETERMINATION AND EDU15 CATION ASSISTANCE ACT.—The technical assistance to 

16 be provided by the Secretary pursuant to paragraph 

17 (1) may be made available through contracts, grants, 

18 or agreements entered into in accordance with, and 

19 made available to entities eligible for, contracts, 

20 grants, or agreements under the Indian Self-Deter21 mination and Education Assistance Act (25 U.S.C. 

22 450 et seq.). 

23 (e) FEDERAL ENVIRONMENTAL REVIEW.—Notwith24 standing subsection (b), if an Indian tribe carries out a 

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
43 

•S 383 RS

1 tribe shall have the authority to rely on the environmental 

2 review process of the applicable Federal agency, rather than 

3 any tribal environmental review process under this sub4 section. 

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

6 surface leasing transaction or forest land management ac7 tivity pursuant to tribal regulations under paragraph (2), 

8 the Indian tribe shall provide to the Secretary— 

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

10 forest land management activity documents, includ11 ing any amendments to, or renewals of, the applicable 

12 transaction; and 

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

14 leasing transaction, or forest land management ac15 tivities that allow payments to be made directly to the 

16 Indian tribe, documentation of the payments that is 

17 sufficient to enable the Secretary to discharge the 

18 trust responsibility of the United States under para19 graph (7). 

20 (g) TRUST RESPONSIBILITY.— 

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

22 liable for losses sustained— 

23 (A) by an Indian tribe as a result of the 

24 execution of any forest land management activVerDate Sep 11 2014 21:38 Feb 08, 2016 Jkt 059200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6203 E:\BILLS\S383.RS S383

asabaliauskas on DSK5VPTVN1PROD with BILLS
44 

•S 383 RS

1 ity pursuant to tribal regulations under sub2 section (b); or 

3 (B) by any party to a lease executed pursu4 ant to tribal regulations under subsection (b). 

5 (2) AUTHORITY OF SECRETARY.—Pursuant to 

6 the authority of the Secretary to fulfill the trust obli7 gation of the United States to Indian tribes under 

8 Federal law (including regulations), the Secretary 

9 may, on reasonable notice from the applicable Indian 

10 tribe and at the discretion of the Secretary, enforce 

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

12 Indian tribe under this section. 

13 (h) COMPLIANCE.— 

14 (1) IN GENERAL.—An interested party, after ex15 hausting any applicable tribal remedies, may submit 

16 to the Secretary a petition, at such time and in such 

17 form as the Secretary determines to be appropriate, 

18 to review the compliance of an applicable Indian 

19 tribe with any tribal regulations approved by the Sec20 retary under this subsection. 

21 (2) VIOLATIONS.—If the Secretary determines 

22 under paragraph (1) that a violation of tribal regula23 tions has occurred, the Secretary may take any action 

24 the Secretary determines to be necessary to remedy 

25 the violation, including rescinding the approval of the 


asabaliauskas on DSK5VPTVN1PROD with BILLS
45 

•S 383 RS

1 tribal regulations and reassuming responsibility for 

2 the approval of leases of tribal trust land. 

3 (3) DOCUMENTATION.—If the Secretary deter4 mines under paragraph (1) that a violation of tribal 

5 regulations has occurred and a remedy is necessary, 

6 the Secretary shall— 

7 (A) make a written determination with re8 spect to the regulations that have been violated; 

9 (B) provide to the applicable Indian tribe a 

10 written notice of the alleged violation, together 

11 with the written determination; and 

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

13 rescission of the approval of the regulation in14 volved, or the reassumption of the trust asset 

15 transaction approval responsibilities, provide to 

16 the applicable Indian tribe— 

17 (i) a hearing on the record; and 

18 (ii) a reasonable opportunity to cure 

19 the alleged violation. 

20 SEC. 206. EFFECT OF TITLE. 

21 (a) LIABILITY.—Subject to section 205 and this sec22 tion, nothing in this title or an Indian trust asset manage23 ment plan approved under section 204 shall independently 

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

25 of the United States or an Indian tribe participating in 


asabaliauskas on DSK5VPTVN1PROD with BILLS
46 

•S 383 RS

1 the Project for any loss resulting from the management of 

2 an Indian trust asset under an Indian trust asset manage3 ment plan. 

4 (b) DEVIATION FROM STANDARD PRACTICES.—The 

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

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

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

8 that provides for management of a trust asset at a less9 stringent standard than the Secretary would otherwise re10 quire or adhere to in absence of an Indian trust asset man11 agement plan. 

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

13 (b) applies to losses resulting from a transaction or activity 

14 described in that subsection even if the Indian trust asset 

15 management plan is terminated under section 204(d) or re16 scinded under section 205(h). 

17 (d) EFFECT ON OTHER LAWS.— 

18 (1) IN GENERAL.—Except as provided in sub19 section (e) and sections 204 and 205, nothing in this 

20 title amends or otherwise affects the application of 

21 any treaty, statute, regulation, or Executive order 

22 that is applicable to Indian trust assets or the man23 agement or administration of Indian trust assets. 

24 (2) INDIAN SELF-DETERMINATION ACT.—Nothing 

25 in this title limits or otherwise affects the authority 


asabaliauskas on DSK5VPTVN1PROD with BILLS
47 

•S 383 RS

1 of an Indian tribe, including an Indian tribe partici2 pating in the Project, to enter into and carry out a 

3 contract, compact, or other agreement under the In4 dian Self-Determination and Education Assistance 

5 Act (25 U.S.C. 450 et seq.) (including regulations). 

6 (e) SEPARATE APPROVAL.—An Indian tribe may sub7 mit to the Secretary tribal regulations described in section 

8 205(b) governing forest land management activities for re9 view and approval under this title if the Indian tribe does 

10 not submit or intend to submit an Indian trust asset man11 agement plan. 

12 (f) TRUST RESPONSIBILITY.—Nothing in this title en13 hances, diminishes, or otherwise affects the trust responsi14 bility of the United States to Indian tribes or individual 

15 Indians. 

16 TITLE III—IMPROVING EFFI17 CIENCY AND STREAMLINING 

18 PROCESSES 

19 SEC. 301. PURPOSE. 

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

21 and streamlined administration of duties of the Secretary 

22 of the Interior with respect to providing services and pro23 grams to Indians and Indian tribes, including the manage24 ment of Indian trust resources. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
48 

•S 383 RS

1 SEC. 302. DEFINITIONS. 

2 In this title: 

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

4 Indian Affairs. 

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

6 means the Department of the Interior. 

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

8 the Secretary of the Interior. 

9 (4) UNDER SECRETARY.—The term ‘‘Under Sec10 retary’’ means the individual appointed to the posi11 tion of Under Secretary for Indian Affairs established 

12 under section 303(a). 

13 SEC. 303. UNDER SECRETARY FOR INDIAN AFFAIRS. 

14 (a) ESTABLISHMENT OF POSITION.—Notwithstanding 

15 any other provision of law, the Secretary may establish in 

16 the Department the position of Under Secretary for Indian 

17 Affairs, who shall report directly to the Secretary. 

18 (b) APPOINTMENT.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (2), the Under Secretary shall be appointed by 

21 the President, by and with the advice and consent of 

22 the Senate. 

23 (2) EXCEPTION.—The individual serving as the 

24 Assistant Secretary for Indian Affairs on the date of 

25 enactment of this Act may assume the position of 


asabaliauskas on DSK5VPTVN1PROD with BILLS
49 

•S 383 RS

1 Under Secretary without appointment under para2 graph (1), if— 

3 (A) that individual was appointed as As4 sistant Secretary for Indian Affairs by the Presi5 dent, by and with the advice and consent of the 

6 Senate; and 

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

8 of enactment of this Act, the Secretary approves 

9 the assumption. 

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

11 by the Secretary, the Under Secretary shall— 

12 (1) coordinate with the Special Trustee for 

13 American Indians to ensure an orderly transition of 

14 the functions of the Special Trustee to 1 or more ap15 propriate agencies, offices, or bureaus within the De16 partment, as determined by the Secretary; 

17 (2) to the maximum extent practicable, supervise 

18 and coordinate activities and policies of the BIA with 

19 activities and policies of— 

20 (A) the Bureau of Reclamation; 

21 (B) the Bureau of Land Management; 

22 (C) the Office of Natural Resources Revenue; 

23 (D) the National Park Service; and 

24 (E) the United States Fish and Wildlife 

25 Service; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
50 

•S 383 RS

1 (3) provide for regular consultation with Indians 

2 and Indian tribes that own interests in trust re3 sources and trust fund accounts. 

4 (d) PERSONNEL PROVISIONS.— 

5 (1) APPOINTMENTS.—The Under Secretary may 

6 appoint and fix the compensation of such officers and 

7 employees as the Under Secretary determines to be 

8 necessary to carry out any function transferred under 

9 this section. 

10 (2) REQUIREMENTS.—Except as otherwise pro11 vided by law— 

12 (A) any officer or employee described in 

13 paragraph (1) shall be appointed in accordance 

14 with the civil service laws; 

15 (B) the compensation of such an officer or 

16 employee shall be fixed in accordance with title 

17 5, United States Code; and 

18 (C) in appointing or otherwise hiring any 

19 employee, the Under Secretary shall give pref20 erence to Indians in accordance with section 12 

21 of the Act of June 18, 1934 (25 U.S.C. 472). 

22 SEC. 304. OFFICE OF SPECIAL TRUSTEE FOR AMERICAN IN23 DIANS. 

24 (a) REPORT TO CONGRESS.—Notwithstanding sections 

25 302 and 303 of the American Indian Trust Fund ManageVerDate Sep 11 2014 21:38 Feb 08, 2016 Jkt 059200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6203 E:\BILLS\S383.RS S383

asabaliauskas on DSK5VPTVN1PROD with BILLS
51 

•S 383 RS

1 ment Reform Act of 1994 (25 U.S.C. 4042, 4043), not later 

2 than 1 year after the date of enactment of this Act, the Sec3 retary shall prepare and, after consultation with Indian 

4 tribes and appropriate Indian organizations, submit to the 

5 Committee on Natural Resources of the House of Represent6 atives, the Committee on Indian Affairs of the Senate, and 

7 the Committees on Appropriations of the House of Rep8 resentatives and the Senate a report that includes— 

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

10 the collection, management, and investment of Indian 

11 trust funds, that the Office of the Special Trustee per12 forms independently or in concert with the BIA or 

13 other Federal agencies, specifically those functions 

14 that affect or relate to management of nonmonetary 

15 trust resources; 

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

17 of the Special Trustee that will be transitioned to 

18 other bureaus or agencies within the Department 

19 prior to the termination date of the Office, as de20 scribed in paragraph (3), together with the time21 frames for those transfers; and 

22 (3) a transition plan and timetable for the ter23 mination of the Office of the Special Trustee, to occur 

24 not later than 2 years after the date of submission of 

25 the report, unless the Secretary determines that an orVerDate Sep 11 2014 21:38 Feb 08, 2016 Jkt 059200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6203 E:\BILLS\S383.RS S383

asabaliauskas on DSK5VPTVN1PROD with BILLS
52 

•S 383 RS

1 derly transition cannot be accomplished during that 

2 time period, in which case the report shall include— 

3 (A) a statement of all reasons why the tran4 sition cannot be effected within that time period; 

5 and 

6 (B) an alternative date for completing the 

7 transition. 

8 (b) FIDUCIARY TRUST OFFICERS.—Subject to applica9 ble law and regulations, the Secretary, at the request of an 

10 Indian tribe or consortia of Indian tribes, shall include fi11 duciary trust officers in a contract, compact, or other agree12 ment under the Indian Self-Determination and Education 

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

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

15 the report under this section— 

16 (1) terminates the Office of the Special Trustee; 

17 or 

18 (2) affects the application of sections 302 and 

19 303 of the American Indian Trust Fund Management 

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

21 SEC. 305. APPRAISALS AND VALUATIONS. 

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

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

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

25 tribal organizations, shall ensure that appraisals and valuVerDate Sep 11 2014 21:38 Feb 08, 2016 Jkt 059200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6203 E:\BILLS\S383.RS S383

asabaliauskas on DSK5VPTVN1PROD with BILLS
53 

•S 383 RS

1 ations of Indian trust property are administered by a single 

2 bureau, agency, or other administrative entity within the 

3 Department. 

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

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

6 establish and publish in the Federal Register minimum 

7 qualifications for individuals to prepare appraisals and 

8 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 of 

19 effectuating the transaction for which the appraisal or 

20 valuation is required. 

21 SEC. 306. COST SAVINGS. 

22 (a) IN GENERAL.—For any program, function, service, 

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

24 or activity) of the Office of the Special Trustee that will 

25 not be operated or carried out after the date of enactment 


asabaliauskas on DSK5VPTVN1PROD with BILLS
54 

•S 383 RS

1 of this Act as a result of a transfer of functions and per2 sonnel, the Secretary shall— 

3 (1) identify the amounts that the Secretary 

4 would otherwise have expended to operate or carry 

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

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

7 and 

8 (2) provide to the tribal representatives of the 

9 Tribal/Interior Budget Council or the representative 

10 of any other appropriate entity that advises the Sec11 retary on Indian program budget or funding issues a 

12 list that describes— 

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

14 activities (or any portion of a program, func15 tion, service, or activity) identified under para16 graph (1); and 

17 (B) the amounts associated with each pro18 gram, function, service, and activity (or portion 

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

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

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

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

23 Budget Council and the representatives of any other appro24 priate entities that advise the Secretary on Indian program 

25 budget or funding issues may provide recommendations reVerDate Sep 11 2014 21:38 Feb 08, 2016 Jkt 059200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6203 E:\BILLS\S383.RS S383

asabaliauskas on DSK5VPTVN1PROD with BILLS
55 

•S 383 RS

1 garding how any amounts or cost savings should be reallo2 cated, incorporated into future budget requests, or appro3 priated to— 

4 (1) the Secretary; 

5 (2) the Office of Management and Budget; 

6 (3) the Committee on Appropriations of the 

7 House of Representatives; 

8 (4) the Committee on Natural Resources of the 

9 House of Representatives; 

10 (5) the Committee on Appropriations of the Sen11 ate; and 

12 (6) the Committee on Indian Affairs of the Sen13 ate. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
Calendar No. 364 

114TH CONGRESS 

2D SESSION S. 383 

[Report No. 114–207] 

A BILL 

To provide for Indian trust asset management 

reform, and for other purposes. 

FEBRUARY 8, 2016 

Reported with an amendment 


asabaliauskas on DSK5VPTVN1PROD with BILLS