(B) AUTHORITY OF SECRETARY.—Pursu-
ant to the authority of the Secretary to fulfill 
the trust obligation of the United States to the 
applicable Indian tribe under Federal law (in-
cluding regulations), the Secretary may, upon 
reasonable notice from the applicable Indian 
tribe and at the discretion of the Secretary, en-
force the provisions of, or cancel, any lease exe-
cuted by the Indian tribe under paragraph (1). 
(8) COMPLIANCE.— 
(A) IN
GENERAL.—An interested party, 
after exhausting of any applicable tribal rem-
edies, may submit a petition to the Secretary, 
at such time and in such form as the Secretary 
determines to be appropriate, to review the 
compliance of the applicable Indian tribe with 
any tribal regulations approved by the Sec-
retary under this subsection. 
(B) VIOLATIONS.—If, after carrying out a 
review under subparagraph (A), the Secretary 
determines that the tribal regulations were vio-
lated, the Secretary may take any action the 
Secretary determines to be necessary to remedy 
the violation, including rescinding the approval 
of the tribal regulations and reassuming respon-
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sibility for the approval of leases of tribal trust 
lands. 
(C) DOCUMENTATION.—If the Secretary 
determines that a violation of the tribal regula-
tions has occurred and a remedy is necessary, 
the Secretary shall— 
(i) make a written determination with 
respect to the regulations that have been 
violated; 
(ii) provide the applicable Indian tribe 
with a written notice of the alleged viola-
tion together with such written determina-
tion; and 
(iii) prior to the exercise of any rem-
edy, the rescission of the approval of the 
regulation involved, or the reassumption of 
the trust asset transaction approval re-
sponsibilities, provide the applicable Indian 
tribe with— 
(I) a hearing that is on the 
record; and 
(II) a reasonable opportunity to 
cure the alleged violation. 
(9) DEFINED
TERMS.—As used in this sub-
section, the term— 
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(A) ‘‘interested party’’ means an Indian or 
non-Indian individual or corporation, or tribal 
or non-tribal government whose interests could 
be adversely affected by a tribal trust land leas-
ing decision made by an applicable Indian tribe; 
(B) ‘‘surface leasing transaction’’ means a 
residential, business, agricultural, or wind and 
solar resource lease of tribal land; 
(C) ‘‘forest land management activity’’ 
means any one or more of the activities set 
forth in section 304(4) of the National Indian 
Forest Resources Management Act (25 U.S.C. 
3101 et seq.); and 
(D) ‘‘tribal land’’ means land, the title to 
which is held in trust by the United States for 
the benefit of an Indian tribe or held in fee by 
an Indian tribe subject to restrictions against 
alienation under Federal law. 
SEC. 205. EFFECT OF TITLE. 
(a) LIABILITY.—Subject to subparagraph (b), noth-
ing in this title, or a trust asset management plan ap-
proved under section 204, shall independently diminish, 
increase, create, or otherwise affect the liability of the 
United States or an Indian tribe participating in the 
Project for any loss resulting from the management of an 
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Indian trust asset under an Indian trust asset manage-
ment plan. 
(b) DEVIATION FROM STANDARD PRACTICES.—The 
United States shall not be liable to any party (including 
any Indian tribe) for any term of, or any loss resulting 
from the terms of, an Indian trust asset management plan 
that provides for management of trust assets at a less 
stringent standard than the Secretary would otherwise re-
quire or adhere to in absence of an Indian trust asset 
management plan. 
(c) EFFECT ON OTHER LAWS.—Except for any regu-
lation superseded by a trust asset management plan ap-
proved under section 204(b), or any tribal regulations in-
cluded in or incorporated by reference in such a plan 
under section 204(e), nothing in this title amends or oth-
erwise affects the application of any treaty, statute, regu-
lation, Executive order, or court decision that is applicable 
to Indian trust assets or the management or administra-
tion of Indian trust assets. 
(d) TRUST RESPONSIBILITY.—Nothing in this title 
enhances, diminishes or otherwise affects the trust respon-
sibility of the United States to Indian tribes and individual 
Indians. 
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TITLE III—RESTRUCTURING OF-
FICE OF THE SPECIAL TRUST-
EE 
SEC. 301. PURPOSE. 
The purpose of this title is to ensure a more efficient 
and accountable 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 individual appointed to the po-
sition of Under Secretary for Indian Affairs, estab-
lished by section 303(a). 
SEC. 303. UNDER SECRETARY FOR INDIAN AFFAIRS. 
(a) 
AUTHORIZATION
OF
POSITION.—Notwith-
standing any other provision of law, the Secretary may 
establish in the Department the position of Under Sec-
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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 officer serving as the As-
sistant 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) the officer was appointed as Assistant 
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 
any or all functions of the Special Trustee to the 
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BIA or to any other agency or bureau within the 
Department; 
(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 U.S. 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— 
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(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 8, 1934 (25 U.S.C. 472). 
SEC. 304. OFFICE OF THE SPECIAL TRUSTEE FOR AMER-
ICAN INDIANS. 
(a) REPORT TO CONGRESS.—Notwithstanding sec-
tions 302 and 303 of the American Indian Trust Fund 
Management Reform Act of 1994 (25 U.S.C. 4042; 4043), 
the Secretary shall prepare and, after consultation with 
Indian tribes and appropriate Indian organizations, sub-
mit to the Secretary and the Committee on Natural Re-
sources of the House of Representatives, Committee on 
Indian Affairs of the Senate, and the House and Senate 
Committees on Appropriations, within one year after en-
actment of this Act, a report that includes the following: 
(1) Identification of all functions, other than 
the collection, management, and investment of In-
dian trust funds, that the Office of the Special 
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Trustee performs, either independently or in concert 
with the BIA or other federal agencies, specifically 
those functions that affect or relate to management 
of non-monetary trust resources; 
(2) A description of any functions of the Office 
of the Special Trustee that will be transitioned to 
the BIA or other bureaus or agencies within the De-
partment, together with applicable timeframes; 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 the re-
port. 
(b) FIDUCIARY TRUST OFFICERS.—Subject to appli-
cable law and regulations, the Secretary shall, at the re-
quest of an Indian tribe or consortia of Indian tribes, in-
clude fiduciary trust officers in a contract, compact, or 
cooperative agreement under the Indian Self-Determina-
tion and Education Assistance Act (Public Law 93–638), 
as amended. 
SEC. 305. APPRAISALS AND VALUATIONS. 
(a) IN GENERAL.—Within 18 months of enactment 
of this Act, the Secretary shall, in consultation with Indian 
tribes and tribal organizations, ensure that appraisals and 
valuations of Indian trust property are administered by 
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a single bureau, agency or other administrative entity 
within the Department. 
(b) MINIMUM QUALIFICATIONS.—Within one year of 
enactment of this Act, the Secretary shall establish and 
publish in the Federal Register minimum qualifications 
for persons to prepare appraisals and valuations of Indian 
trust property. 
(c) SECRETARIAL APPROVAL.—When an Indian tribe 
or Indian beneficiary submits an appraisal or valuation to 
the Secretary that satisfies the minimum qualifications in 
paragraph (2) and such submission acknowledges the tribe 
or beneficiary’s intent to have the appraisal or valuation 
considered under this subsection, the appraisal or valu-
ation— 
(1) shall not require any further Secretarial re-
view or approval; and 
(2) shall be considered final for purposes of ef-
fectuating the transaction for which the appraisal or 
valuation is required. 
SEC. 306. COST SAVINGS. 
(a) IN GENERAL.—For any program, function, serv-
ice, or activity (or any portions of programs, functions, 
services, or activities) of the Office of the Special Trustee 
that will not have to operate or carry out as a result of 
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any transfer of functions and personnel under this title, 
the Secretary shall, within 60 days— 
(1) identify the amounts that the Secretary 
would have otherwise expended to operate or carry 
out each program, function, service, and activity (or 
any portion of a program, function, service, or activ-
ity); and 
(2) provide to the Secretary and the tribal rep-
resentatives of the Tribal/Interior Budget Council, 
or the representatives of any other appropriate enti-
ty that advises the Secretary on Indian program 
budget or funding issues, the list of the programs, 
functions, services, and activities (or any portions of 
programs, functions, services, or activities) identified 
pursuant paragraph (1) and the amounts associated 
with each program, function, service, and activity (or 
any portion of a program, function, service, or activ-
ity). 
(b) TRIBAL RECOMMENDATIONS.—Within 90 days of 
receipt of the information in subsection (a)(2), the tribal 
representatives of the Tribal/Interior Budget Council, or 
the representatives of any other appropriate entity that 
advises the Secretary on Indian program budget or fund-
ing issues, may provide recommendations on how any 
amounts or cost savings should be reallocated, incor-
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porated into future budget requests, or appropriated, to 
the— 
(1) Secretary; 
(2) Office of Management and Budget; 
(3) Committee on Appropriations of the House 
of Representatives; 
(4) Committee on Natural Resources of the 
House Representatives; 
(5) Committee on Appropriations of the Senate; 
and 
(6) Committee on Indian Affairs of the Senate. 
Æ 
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