IB
Union Calendar No. 426
103D CONGRESS
2D SESSION
H. R. 4833
[Report No. 103–778]
To reform the management of Indian Trust Funds, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 26, 1994
Mr. RICHARDSON introduced the following bill; which was referred to the
Committee on Natural Resources
OCTOBER 3, 1994
Additional sponsor: Mr. FALEOMAVAEGA
OCTOBER 3, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on July 26, 1994]
A BILL
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 Return of withdrawn funds.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 eligi-
ble for the special programs and services provided by
the United States to Indians because of their status
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 sec-
tion 302.
(5) The term ‘‘Bureau’’ means the Bureau of In-
dian Affairs within the Department of the Interior.
(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 following 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 performance
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 account-
ing.
‘‘(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 held
in trust by the United States for the benefit of an Indian
tribe or an individual Indian which are deposited or in-
vested pursuant to the Act of June 24, 1938 (25 U.S.C.
162a).
(b) PERIODIC STATEMENT OF PERFORMANCE.—Not
later than 20 business days after the close of a calendar
quarter, the Secretary shall provide a statement of perform-
ance to each Indian tribe and individual with respect to
whom funds are deposited or invested pursuant to the Act
of June 24, 1938 (25 U.S.C. 162a). The statement, for the
period concerned, shall—
(1) identify the source, type, and status of the
funds;
(2) the beginning balance;