that is applicable to Indian trust assets or the man-
agement or administration of Indian trust assets. 
(2) INDIAN SELF-DETERMINATION ACT.—Noth-
ing in this title limits or otherwise affects the au-
thority of an Indian tribe, including an Indian tribe 
participating in the project, to enter into and carry 
out a contract, compact, or other agreement under 
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450 et seq.) (including regula-
tions). 
(e) SEPARATE APPROVAL.—An Indian tribe may sub-
mit to the Secretary tribal regulations described in section 
205(b) governing forest land management activities for re-
view and approval under this title if the Indian tribe does 
not submit or intend to submit an Indian trust asset man-
agement plan. 
(f) TRUST RESPONSIBILITY.—Nothing in this title 
enhances, diminishes, or otherwise affects the trust re-
sponsibility of the United States to Indian tribes or indi-
vidual Indians.
TITLE 
III—IMPROVING 
EFFI-
CIENCY AND STREAMLINING 
PROCESSES 
SEC. 301. PURPOSE. 
The purpose of this title is to ensure a more efficient 
and streamlined administration of duties of the Secretary 
of the Interior with respect to providing services and pro-
grams to Indians and Indian tribes, including the manage-
ment of Indian trust resources. 
SEC. 302. DEFINITIONS. 
In this title: 
(1) BIA.—The term ‘‘BIA’’ means the Bureau 
of Indian Affairs. 
(2) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of the Interior. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(4) UNDER
SECRETARY.—The term ‘‘Under 
Secretary’’ means the Under Secretary for Indian 
Affairs established under section 303(a). 
SEC. 303. UNDER SECRETARY FOR INDIAN AFFAIRS. 
(a) 
ESTABLISHMENT
OF
POSITION.—Notwith-
standing any other provision of law, the Secretary may 
establish in the Department the position of Under Sec-
retary for Indian Affairs, who shall report directly to the 
Secretary. 
(b) APPOINTMENT.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Under Secretary shall be appointed 
by the President, by and with the advice and consent 
of the Senate. 
(2) EXCEPTION.—The individual serving as the 
Assistant Secretary for Indian Affairs on the date of 
enactment of this Act may assume the position of 
Under Secretary without appointment under para-
graph (1), if— 
(A) that individual was appointed as As-
sistant Secretary for Indian Affairs by the 
President, by and with the advice and consent 
of the Senate; and 
(B) not later than 180 days after the date 
of enactment of this Act, the Secretary ap-
proves the assumption. 
(c) DUTIES.—In addition to any other duties directed 
by the Secretary, the Under Secretary shall— 
(1) coordinate with the Special Trustee for 
American Indians to ensure an orderly transition of 
the functions of the Special Trustee to one or more
appropriate agencies, offices, or bureaus within the 
Department, as determined by the Secretary; 
(2) to the maximum extent practicable, super-
vise and coordinate activities and policies of the BIA 
with activities and policies of— 
(A) the Bureau of Reclamation; 
(B) the Bureau of Land Management; 
(C) the Office of Natural Resources Rev-
enue; 
(D) the National Park Service; and 
(E) the United States Fish and Wildlife 
Service; and 
(3) provide for regular consultation with Indi-
ans and Indian tribes that own interests in trust re-
sources and trust fund accounts. 
(d) PERSONNEL PROVISIONS.— 
(1) APPOINTMENTS.—The Under Secretary 
may appoint and fix the compensation of such offi-
cers and employees as the Under Secretary deter-
mines to be necessary to carry out any function 
transferred under this section. 
(2) REQUIREMENTS.—Except as otherwise pro-
vided by law—
(A) any officer or employee described in 
paragraph (1) shall be appointed in accordance 
with the civil service laws; 
(B) the compensation of such an officer or 
employee shall be fixed in accordance with title 
5, United States Code; and 
(C) in appointing or otherwise hiring any 
employee, the Under Secretary shall give pref-
erence to Indians in accordance with section 12 
of the Act of June 18, 1934 (25 U.S.C. 472). 
SEC. 304. OFFICE OF SPECIAL TRUSTEE FOR AMERICAN IN-
DIANS. 
(a) INFORMATION TO CONGRESS.—Notwithstanding 
sections 302 and 303 of the American Indian Trust Fund 
Management Reform Act of 1994 (25 U.S.C. 4042 and 
4043), not later than 1 year after the date of enactment 
of this Act, the Secretary shall prepare and, after con-
sultation with Indian tribes and appropriate Indian orga-
nizations, submit to the Committee on Natural Resources 
of the House of Representatives, the Committee on Indian 
Affairs of the Senate, and the Committees on Appropria-
tions of the House of Representatives and the Senate— 
(1) an identification of all functions, other than 
the collection, management, and investment of In-
dian trust funds, that the Office of the Special
Trustee performs independently or in concert with 
the BIA or other Federal agencies, specifically those 
functions that affect or relate to management of 
nonmonetary trust resources; 
(2) a description of any functions of the Office 
of the Special Trustee that will be transitioned to 
other bureaus or agencies within the Department 
prior to the termination date of the Office, as de-
scribed in paragraph (3), together with the time-
frames for those transfers; and 
(3) a transition plan and timetable for the ter-
mination of the Office of the Special Trustee, to 
occur not later than 2 years after the date of sub-
mission, unless the Secretary determines than an or-
derly transition cannot be accomplished within 2 
years, in which case the Secretary shall include— 
(A) a statement of all reasons why the 
transition cannot be effected within that time; 
and 
(B) an alternative date for completing the 
transition. 
(b) FIDUCIARY TRUST OFFICERS.—Subject to appli-
cable law and regulations, the Secretary, at the request 
of an Indian tribe or a consortium of Indian tribes, shall 
include fiduciary trust officers in a contract, compact, or
other agreement under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et seq.). 
(c) EFFECT OF SECTION.—Nothing in this section or 
the submission required by this section— 
(1) shall cause the Office of the Special Trustee 
to terminate; or 
(2) affect the application of sections 302 and 
303 of the American Indian Trust Fund Manage-
ment Reform Act of 1994 (25 U.S.C. 4042 and 
4043). 
SEC. 305. APPRAISALS AND VALUATIONS. 
(a) IN GENERAL.—Notwithstanding section 304, not 
later than 18 months after the date of enactment of this 
Act, the Secretary, in consultation with Indian tribes and 
tribal organizations, shall ensure that appraisals and valu-
ations of Indian trust property are administered by a sin-
gle bureau, agency, or other administrative entity within 
the Department. 
(b) MINIMUM QUALIFICATIONS.—Not later than 1 
year after the date of enactment of this Act, the Secretary 
shall establish and publish in the Federal Register min-
imum qualifications for individuals to prepare appraisals 
and valuations of Indian trust property. 
(c) SECRETARIAL APPROVAL.—In any case in which 
an Indian tribe or Indian beneficiary submits to the Sec-
retary an appraisal or valuation that satisfies the min-
imum qualifications described in subsection (b), and that 
submission acknowledges the intent of the Indian tribe or 
beneficiary to have the appraisal or valuation considered 
under this section, the appraisal or valuation— 
(1) shall not require any additional review or 
approval by the Secretary; and 
(2) shall be considered to be final for purposes 
of effectuating the transaction for which the ap-
praisal or valuation is required. 
SEC. 306. COST SAVINGS. 
(a) IN GENERAL.—For any program, function, serv-
ice, or activity (or any portion of a program, function, 
service, or activity) of the Office of the Special Trustee 
that will not be operated or carried out as a result of a 
transfer of functions and personnel following enactment 
of this Act, the Secretary shall— 
(1) identify the amounts that the Secretary 
would otherwise have expended to operate or carry 
out each program, function, service, and activity (or 
portion of a program, function, service, or activity); 
and 
(2) provide to the tribal representatives of the 
Tribal-Interior Budget Council or the representative 
of any other appropriate entity that advises the Sec-
retary on Indian program budget or funding issues 
a list that describes— 
(A) the programs, functions, services, and 
activities (or any portion of a program, func-
tion, service, or activity) identified under para-
graph (1); and 
(B) the amounts associated with each pro-
gram, function, service, and activity (or portion 
of a program, function, service, or activity). 
(b) TRIBAL RECOMMENDATIONS.—Not later than 90 
days after the date of receipt of a list under subsection 
(a)(2), the tribal representatives of the Tribal-Interior 
Budget Council and the representatives of any other ap-
propriate entities that advise the Secretary on Indian pro-
gram budget or funding issues may provide recommenda-
tions regarding how any amounts or cost savings should 
be reallocated, incorporated into future budget requests, 
or appropriated to— 
(1) the Secretary; 
(2) the Office of Management and Budget; 
(3) the Committee on Appropriations of the 
House of Representatives; 
(4) the Committee on Natural Resources of the 
House of Representatives;
(5) the Committee on Appropriations of the 
Senate; and 
(6) the Committee on Indian Affairs of the Sen-
ate. 
Passed the House of Representatives February 24, 
2016. 
Attest: 
Clerk.
114TH CONGRESS 
2D SESSION 
H. R. 812 
AN ACT 
To provide for Indian trust asset management 
reform, and for other purposes.