I 
113TH CONGRESS 
2D SESSION 
H. R. 4388 
To establish the American Indian Trust Review Commission, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 3, 2014 
Mr. GOSAR (for himself, Mr. DAINES, Mr. SCHWEIKERT, Mr. YOUNG of Alas-
ka, Mr. COLE, Mr. MULLIN, Mr. TIPTON, Mr. CARNEY, Mr. FRANKS of 
Arizona, 
Mr. 
SALMON, 
Ms. 
MCCOLLUM, 
Mr. 
HONDA, 
Mr. 
FALEOMAVAEGA, and Mrs. KIRKPATRICK) introduced the following bill; 
which was referred to the Committee on Natural Resources 
A BILL 
To establish the American Indian Trust Review Commission, 
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. 
This Act may be cited as the ‘‘American Indian Trust 
Responsibility Review Act of 2014’’. 
SEC. 2. CONGRESSIONAL FINDINGS. 
Congress finds as follows: 
(1) The Final Report of the American Indian 
Policy Review Committee, published in 1977, made 
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a number of recommendations regarding the United 
States administration of its trust relationship with 
federally recognized Indian tribes and their mem-
bers, many of which have not been implemented. 
(2) There has been no general, comprehensive 
review of the United States trust relationship with 
federally recognized Indian tribes since the publica-
tion of the Final Report of the American Indian Pol-
icy Review Committee. 
(3) The trust relationship has evolved over time 
and there is a clear need to re-examine the adminis-
tration of the United States constitutional trust re-
sponsibility. 
(4) The duties administered by Federal agen-
cies charged with protecting federally recognized In-
dian tribal trust resources and providing services 
often conflict with other duties discharged by the 
same or separate Federal agencies and departments 
and it is the beneficiaries of the trust relationship 
that suffer as a result. 
(5) In carrying out its trust responsibilities to 
federally recognized Indian tribes and their mem-
bers, it is crucial that Congress have the benefit of 
a review of the United States trust relationship with 
federally recognized Indian tribes to improve its abil-
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ity to exercise oversight over the Executive Branch, 
pursue policies to empower tribal self-determination, 
and better administer the trust relationship. 
SEC. 3. DECLARATION. 
Congress declares that it is timely and essential to 
conduct a review of the current state of the United States 
unique trust relationship with federally recognized Indian 
tribes and their members in order to better administer 
constitutional trust responsibilities and make necessary re-
visions in relevant trust statutes, regulations, and policies 
for the benefit of American Indian people. 
SEC. 4. ESTABLISHMENT OF THE AMERICAN INDIAN TRUST 
REVIEW COMMISSION. 
(a) ESTABLISHMENT.—In order to carry out the pur-
poses of this Act, there is hereby established the American 
Indian Trust Review Commission, hereinafter referred to 
as the ‘‘Commission’’. 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Commission shall be 
composed of 12 members, of whom— 
(A) 4 shall be appointed by the President, 
in consultation with the Secretary of the Inte-
rior; 
(B) 3 shall be appointed by the Speaker of 
the House of Representatives, in consultation 
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with the Chairman of the Committee on Nat-
ural Resources of the House of Representatives; 
(C) 1 shall be appointed by the Minority 
Leader of the House of Representatives, in con-
sultation with the Ranking Member of the Com-
mittee on Natural Resources of the House of 
Representatives; 
(D) 3 shall be appointed by the Majority 
Leader of the Senate, in consultation with the 
Chairman of the Committee on Indian Affairs; 
and 
(E) 1 shall be appointed by the Minority 
Leader of the Senate, in consultation with the 
Vice Chairman of the Committee on Indian Af-
fairs. 
(2) DIVERSITY OF QUALIFICATIONS.—In mak-
ing appointments to the Commission, every effort 
shall be made to select individuals whose qualifica-
tions are not already represented by other members 
of the Commission. 
(3) TERM.—Each member shall be appointed 
for the life of the Commission. 
(4) TIME
FOR
INITIAL
APPOINTMENTS.—The 
appointment of the members of the Commission 
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shall be made no later than 60 days after the date 
of enactment of this Act. 
(c) COMMISSION ORGANIZATION.—At its organiza-
tional meeting, the members of the Commission appointed 
pursuant to subsection (b)(1) of this section shall elect 
from their members, a Chairman and Vice Chairman im-
mediately thereafter. 
(d) VACANCIES.—Vacancies in the membership of the 
Commission shall not affect the power of the remaining 
members to execute the functions of the Commission and 
shall be filled in the same manner as in the case of the 
original appointment of the member whose seat is vacated. 
(e) QUORUM.—Eight members of the Commission 
shall constitute a quorum, but a smaller number, as deter-
mined by the Commission, may conduct hearings. 
SEC. 5. DUTIES OF THE COMMISSION. 
(a) INVESTIGATION; STUDY.—The Commission shall 
conduct a comprehensive review of the unique trust rela-
tionship between the United States and federally recog-
nized Indian tribes. The study shall include— 
(1) a study and analysis of the Constitution, 
and relevant treaties, compacts, statutes, judicial in-
terpretations, and Executive Orders to determine the 
attributes of the unique trust relationship between 
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the Federal Government, and federally recognized 
Indian tribes; 
(2) a review of the policies, practices, and struc-
ture of the Federal agencies charged with protecting 
Indian tribal trust resources and providing services 
to Indians; 
(3) a management study of the Bureau of In-
dian Affairs and its ability to discharge its trust re-
sponsibilities without conflicting with the duties of 
other Federal agencies and departments; 
(4) a review of relevant statutes, regulations, 
and policies to determine the feasibility of author-
izing Indian tribes, in their discretion, to assume 
some or all of the functions, programs, services, and 
activities now currently undertaken and provided by 
the Federal Government; 
(5) a compilation, collection, and analysis of 
data necessary to understand the extent of the needs 
of federally recognized Indian tribes, including the 
adequacy of educational systems, health care, public 
safety, and infrastructure; 
(6) the feasibility of creating high-level posi-
tions within the Executive Branch to provide feder-
ally recognized Indian tribes with maximum partici-
pation in policy formation and program development, 
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and the viability of a mechanism to ensure the con-
tinuation of critical programs for federally recog-
nized Indian tribes; 
(7) an examination of the appropriate role of 
State and local governments involvement in actions 
that permit government and public input and the de-
gree to which the Federal Government can ade-
quately balance those interests without conflicting 
with its trust responsibilities towards federally recog-
nized Indian tribes; and 
(8) the recommendations modifying existing 
laws, procedures, regulations, policies, and practices 
as will, in the judgment of the Commission, best 
serve to carry out the policy and declarations of the 
purposes of the Commission. 
(b) HEARINGS.— 
(1) IN GENERAL.—The Commission shall hold 
hearings, meet, act, take testimony, and receive evi-
dence as the Commission considers to be advisable 
to carry out the duties of the Commission under this 
Act. 
(2) PUBLIC REQUIREMENT.—The hearings of 
the Commission shall be open to the public and held 
in geographically diverse locations. 
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(3) PREFERENCE.—When considering hearing 
witnesses, the Commission shall exercise a pref-
erence to invite elected officials from a federally rec-
ognized Indian tribe before seeking participation 
from any tribal organization. 
SEC. 6. POWERS OF THE COMMISSION. 
(a) COMMISSION
RULES.—The Commission may 
make rules respecting its organization and procedures, as 
it deems necessary, except that no recommendations shall 
be reported from the Commission unless a majority of the 
Commission assents. 
(b) INFORMATION FROM FEDERAL, TRIBAL, STATE, 
AND LOCAL AGENCIES.— 
(1) IN GENERAL.—The Commission may secure 
directly from a Federal agency such information as 
the Commission considers to be necessary to carry 
out this Act. 
(2) TRIBAL, STATE, AND LOCAL AGENCIES.— 
The Commission may request the head of any agen-
cy of a federally recognized Indian tribe, State, or 
unit of local government to provide the Commission 
with such information as the Commission considers 
necessary to carry out this Act. 
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SEC. 7. COMMISSION PERSONNEL. 
(a) TRAVEL EXPENSES.—The members of the Com-
mission shall be allowed travel expenses, including per 
diem in lieu of subsistence, at rates authorized for employ-
ees of agencies under subchapter I of chapter 57 of title 
5, United States Code, while away from their homes or 
regular places of business in the performance of services 
for the Commission. 
(b) STAFF.— 
(1) IN
GENERAL.—The Chairperson of the 
Commission, in consultation with the Vice Chairman 
of the Commission, may— 
(A) without regard to the civil service laws 
and regulations, appoint and terminate an exec-
utive director and such other additional per-
sonnel as may be necessary to enable the Com-
mission to perform its duties; and 
(B) fix the compensation of the executive 
director and other personnel without regard to 
chapter 51 and subchapter III of chapter 53 of 
title 5, United States Code, relating to classi-
fication of positions and General Schedule pay 
rates, except that the rate of pay for the execu-
tive director and other personnel may not ex-
ceed the rate payable for level V of the Execu-
tive Schedule under section 5316 of such title. 
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(2) EXECUTIVE DIRECTOR SUBJECT TO CON-
FIRMATION.—The employment of an executive direc-
tor shall be subject to confirmation by the Commis-
sion by a majority of Commission members voting. 
(c) DETAIL OF GOVERNMENT EMPLOYEES.—At the 
request of the Commission, and in the discretion of the 
relevant agency, any Federal Government employee may 
be detailed to the Commission without reimbursement, 
and such detail shall be without interruption or loss of 
civil service status or privilege. 
(d) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT SERVICES.—The Chairperson of the Commission 
may procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code, at rates 
for individuals that do not exceed the daily equivalent of 
the annual rate of basic pay prescribed for level V of the 
Executive Schedule under section 5316 of such title. 
SEC. 8. REPORT OF THE COMMISSION. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Commission shall sub-
mit to the President and Congress a report that con-
tains— 
(1) a detailed statement of findings and conclu-
sions of the Commission; and 
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(2) the recommendations of the Commission for 
such legislative and administrative actions as the 
Commission considers appropriate. 
(b) EXTENSION.—The President may grant an exten-
sion to allow the report required under subsection (a) to 
be submitted not later than 3 years after the date of the 
enactment of this Act. 
(c) ONLINE ACCESS.—The Commission shall make 
the report required by paragraph (1) publically available 
on the website of the Department of the Interior. 
SEC. 9. NONAPPPLICABILITY OF THE FACA. 
The Federal Advisory Committee Act (5 U.S.C. App. 
2) shall not apply to the Commission. 
SEC. 10. TERMINATION OF THE COMMISSION. 
The Commission shall terminate 30 days after the 
Commission submits its report under section 8. 
Æ 
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