II
103D CONGRESS
2D SESSION
H. R. 4833
IN THE SENATE OF THE UNITED STATES
OCTOBER 4 (legislative day, SEPTEMBER 12), 1994
Received
AN ACT
To reform the management of Indian Trust Funds, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘American Indian Trust Fund Management Reform Act
of 1994’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—RECOGNITION OF TRUST RESPONSIBILITY
Sec. 101. Affirmative action required.
Sec. 102. Responsibility of Secretary to account for the daily and annual bal-
ances of Indian trust funds.
Sec. 103. Payment of interest on individual Indian money accounts.
Sec. 104. Authority for payment of claims for interest owed.
TITLE II—INDIAN TRUST FUND MANAGEMENT PROGRAM
Sec. 201. Purpose.
Sec. 202. Voluntary withdrawal from trust funds program.
Sec. 203. Judgment funds.
Sec. 204. Technical assistance.
Sec. 205. Grant program.
Sec. 206. Return of withdrawn funds.
Sec. 207. Savings provision.
Sec. 208. Report to Congress.
Sec. 209. Regulations.
TITLE III—SPECIAL TRUSTEE FOR AMERICAN INDIANS
Sec. 301. Purposes.
Sec. 302. Office of Special Trustee for American Indians.
Sec. 303. Authorities and functions of the special trustee.
Sec. 304. Reconciliation report.
Sec. 305. Staff and consultants.
Sec. 306. Advisory board.
TITLE IV—AUTHORIZATION OF APPROPRIATIONS
Sec. 401. Authorization of appropriations.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) The term ‘‘Special Trustee’’ means the Spe-
cial Trustee for American Indians appointed under
section 302.
(2) The term ‘‘Indian tribe’’ means any Indian
tribe, band, nation, or other organized group or com-
munity, including any Alaska Native village or re-
gional or village corporation as defined in or estab-
lished pursuant to the Alaska Native Claims Settle-
ment Act (85 Stat. 688), which is recognized as eli-
gible for the special programs and services provided
by the United States to Indians because of their sta-
tus as Indians.
(3) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(4) The term ‘‘Office’’ means the Office of Spe-
cial Trustee for American Indians established by
section 302.
(5) The term ‘‘Bureau’’ means the Bureau of
Indian Affairs within the Department of the Inte-
rior.
(6) The term ‘‘Department’’ means the Depart-
ment of the Interior.
TITLE I—RECOGNITION OF
TRUST RESPONSIBILITY
SEC. 101. AFFIRMATIVE ACTION REQUIRED.
The first section of the Act of June 24, 1938 (25
U.S.C. 162a), is amended by adding at the end the follow-
ing new subsection:
‘‘(d) The Secretary’s proper discharge of the trust re-
sponsibilities of the United States shall include (but are
not limited to) the following:
‘‘(1) Providing adequate systems for accounting
for and reporting trust fund balances.
‘‘(2) Providing adequate controls over receipts
and disbursements.
‘‘(3) Providing periodic, timely reconciliations
to assure the accuracy of accounts.
‘‘(4) Determining accurate cash balances.
‘‘(5) Preparing and supplying account holders
with periodic statements of their account perform-
ance and with balances of their account which shall
be available on a daily basis.
‘‘(6) Establishing consistent, written policies
and procedures for trust fund management and ac-
counting.
‘‘(7) Providing adequate staffing, supervision,
and training for trust fund management and ac-
counting.
‘‘(8) Appropriately managing the natural re-
sources located within the boundaries of Indian res-
ervations and trust lands.’’.
SEC. 102. RESPONSIBILITY OF SECRETARY TO ACCOUNT
FOR THE DAILY AND ANNUAL BALANCES OF
INDIAN TRUST FUNDS.
(a) REQUIREMENT
TO ACCOUNT.—The Secretary
shall account for the daily and annual balance of all funds