II 
114TH CONGRESS 
2D SESSION 
H. R. 812 
IN THE SENATE OF THE UNITED STATES 
FEBRUARY 25, 2016 
Received 
AN ACT 
To provide for Indian trust asset management reform, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Indian Trust Asset Reform Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—RECOGNITION OF TRUST RESPONSIBILITY 
Sec. 101. Findings. 
Sec. 102. Reaffirmation of policy. 
TITLE II—INDIAN TRUST ASSET MANAGEMENT DEMONSTRATION 
PROJECT 
Sec. 201. Short title. 
Sec. 202. Definitions. 
Sec. 203. Establishment of demonstration project; selection of participating In-
dian Tribes. 
Sec. 204. Indian trust asset management plan. 
Sec. 205. Forest land management and surface leasing activities. 
Sec. 206. Effect of title. 
TITLE III—IMPROVING EFFICIENCY AND STREAMLINING 
PROCESSES 
Sec. 301. Purpose. 
Sec. 302. Definitions. 
Sec. 303. Under Secretary for Indian Affairs. 
Sec. 304. Office of Special Trustee for American Indians. 
Sec. 305. Appraisals and valuations. 
Sec. 306. Cost savings. 
TITLE I—RECOGNITION OF 
TRUST RESPONSIBILITY 
SEC. 101. FINDINGS. 
Congress finds that— 
(1) there exists a unique relationship between 
the Government of the United States and the gov-
ernments of Indian tribes; 
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(2) there exists a unique Federal responsibility 
to Indians; 
(3) through treaties, statutes, and historical re-
lations with Indian tribes, the United States has un-
dertaken a unique trust responsibility to protect and 
support Indian tribes and Indians; 
(4) the fiduciary responsibilities of the United 
States to Indians also are founded in part on spe-
cific commitments made through written treaties 
and agreements securing peace, in exchange for 
which Indians have surrendered claims to vast tracts 
of land, which provided legal consideration for per-
manent, ongoing performance of Federal trust du-
ties; and 
(5) the foregoing historic Federal-tribal rela-
tions and understandings have benefitted the people 
of the United States as a whole for centuries and 
have established enduring and enforceable Federal 
obligations to which the national honor has been 
committed. 
SEC. 102. REAFFIRMATION OF POLICY. 
Pursuant to the constitutionally vested authority of 
Congress over Indian affairs, Congress reaffirms that the 
responsibility of the United States to Indian tribes in-
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cludes a duty to promote tribal self-determination regard-
ing governmental authority and economic development. 
TITLE II—INDIAN TRUST ASSET 
MANAGEMENT 
DEMONSTRA-
TION PROJECT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Indian Trust Asset 
Management Demonstration Project Act of 2016’’. 
SEC. 202. DEFINITIONS. 
In this title: 
(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in the Indian Self- 
Determination and Education Assistance Act (25 
U.S.C. 450b). 
(2) PROJECT.—The term ‘‘Project’’ means the 
Indian trust asset management demonstration 
project established under section 203(a). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 203. ESTABLISHMENT OF DEMONSTRATION PROJECT; 
SELECTION 
OF 
PARTICIPATING 
INDIAN 
TRIBES. 
(a) IN GENERAL.—The Secretary shall establish and 
carry out an Indian trust asset management demonstra-
tion project, in accordance with this title. 
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(b) 
SELECTION
OF
PARTICIPATING
INDIAN 
TRIBES.— 
(1) IN GENERAL.—An Indian tribe shall be eli-
gible to participate in the project if— 
(A) the Indian tribe submits to the Sec-
retary an application under subsection (c); and 
(B) the Secretary approves the application 
of the Indian tribe. 
(2) NOTICE.— 
(A) IN
GENERAL.—The Secretary shall 
provide a written notice to each Indian tribe ap-
proved to participate in the project. 
(B) CONTENTS.—A notice under subpara-
graph (A) shall include— 
(i) a statement that the application of 
the Indian tribe has been approved by the 
Secretary; and 
(ii) a requirement that the Indian 
tribe shall submit to the Secretary a pro-
posed Indian trust asset management plan 
in accordance with section 204. 
(c) APPLICATION.— 
(1) IN GENERAL.—To be eligible to participate 
in the project, an Indian tribe shall submit to the 
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Secretary a written application in accordance with 
paragraph (2). 
(2) REQUIREMENTS.—The Secretary shall con-
sider an application under this subsection only if the 
application— 
(A) includes a copy of a resolution or other 
appropriate action by the governing body of the 
Indian tribe, as determined by the Secretary, in 
support of or authorizing the application; 
(B) is received by the Secretary after the 
date of enactment of this Act; and 
(C) states that the Indian tribe is request-
ing to participate in the project. 
(d) DURATION.—The project— 
(1) shall remain in effect for a period of 10 
years after the date of enactment of this Act; but 
(2) may be extended at the discretion of the 
Secretary. 
SEC. 204. INDIAN TRUST ASSET MANAGEMENT PLAN. 
(a) PROPOSED PLAN.— 
(1) SUBMISSION.—After the date on which an 
Indian tribe receives a notice from the Secretary 
under section 203(b)(2), the Indian tribe shall sub-
mit to the Secretary a proposed Indian trust asset 
management plan in accordance with paragraph (2). 
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ized by the proposed plan pursuant to sec-
tion 205(b); and 
(ii) describe the practices and proce-
dures that the Indian tribe will follow; 
(E) establish procedures for nonbinding 
mediation or resolution of any dispute between 
the Indian tribe and the United States relating 
to the trust asset management plan; 
(F) include a process for the Indian tribe 
and the Federal agencies affected by the trust 
asset management plan to conduct evaluations 
to ensure that trust assets are being managed 
in accordance with the plan; and 
(G) identify any Federal regulations that 
will be superseded by the plan. 
(3) TECHNICAL
ASSISTANCE
AND
INFORMA-
TION.—On receipt of a written request from an In-
dian tribe, the Secretary shall provide to the Indian 
tribe any technical assistance and information, in-
cluding budgetary information, that the Indian tribe 
determines to be necessary for preparation of a pro-
posed plan. 
(b) APPROVAL
AND DISAPPROVAL
OF PROPOSED 
PLANS.— 
(1) APPROVAL.— 
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(A) IN
GENERAL.—Not later than 120 
days after the date on which an Indian tribe 
submits a proposed Indian trust asset manage-
ment plan under subsection (a), the Secretary 
shall approve or disapprove the proposed plan. 
(B) REQUIREMENTS FOR DISAPPROVAL.— 
The Secretary shall approve a proposed plan 
unless the Secretary determines that— 
(i) the proposed plan fails to address 
a requirement under subsection (a)(2); 
(ii) the proposed plan includes 1 or 
more provisions that are inconsistent with 
subsection (c); or 
(iii) the cost of implementing the pro-
posed plan exceeds the amount of funding 
available for the management of trust as-
sets that would be subject to the proposed 
plan. 
(2) ACTION ON DISAPPROVAL.— 
(A) NOTICE.—If the Secretary disapproves 
a proposed plan under paragraph (1)(B), the 
Secretary shall provide to the Indian tribe a 
written notice of the disapproval, including any 
reason why the proposed plan was disapproved. 
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(B) ACTION
BY
TRIBES.—If a proposed 
plan is disapproved under paragraph (1)(B), 
the Indian tribe may resubmit an amended pro-
posed plan by not later than 90 days after the 
date on which the Indian tribe receives the no-
tice under subparagraph (A). 
(3) FAILURE TO APPROVE OR DISAPPROVE.—If 
the Secretary fails to approve or disapprove a pro-
posed plan in accordance with paragraph (1), the 
plan shall be considered to be approved. 
(4) JUDICIAL REVIEW.—An Indian tribe may 
seek judicial review of a determination of the Sec-
retary under this subsection in accordance with sub-
chapter II of chapter 5, and chapter 7, of title 5, 
United States Code (commonly known as the ‘‘Ad-
ministrative Procedure Act’’), if— 
(A) the Secretary disapproves the proposed 
plan of the Indian tribe under paragraph (1); 
and 
(B) the Indian tribe has exhausted all 
other administrative remedies available to the 
Indian tribe. 
(c) APPLICABLE LAWS.—Subject to section 205, an 
Indian trust asset management plan, and any activity car-
ried out under the plan, shall not be approved unless the 
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proposed plan is consistent with any treaties, statutes, and 
Executive orders that are applicable to the trust assets, 
or the management of the trust assets, identified in the 
plan. 
(d) TERMINATION OF PLAN.— 
(1) IN GENERAL.—An Indian tribe may termi-
nate an Indian trust asset management plan on any 
date after the date on which a proposed Indian trust 
asset management plan is approved by providing to 
the Secretary— 
(A) a notice of the intent of the Indian 
tribe to terminate the plan; and 
(B) a resolution of the governing body of 
the Indian tribe authorizing the termination of 
the plan. 
(2) EFFECTIVE DATE.—A termination of an In-
dian trust asset management plan under paragraph 
(1) takes effect on October 1 of the first fiscal year 
following the date on which a notice is provided to 
the Secretary under paragraph (1)(A). 
SEC. 205. FOREST LAND MANAGEMENT AND SURFACE 
LEASING ACTIVITIES. 
(a) DEFINITIONS.—In this section: 
(1) FOREST LAND MANAGEMENT ACTIVITY.— 
The term ‘‘forest land management activity’’ means 
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any activity described in section 304(4) of the Na-
tional Indian Forest Resources Management Act (25 
U.S.C. 3103(4)). 
(2) INTERESTED PARTY.—The term ‘‘interested 
party’’ means an Indian or non-Indian individual, 
entity, or government the interests of which could be 
adversely affected by a tribal trust land leasing deci-
sion made by an applicable Indian tribe. 
(3) SURFACE
LEASING
TRANSACTION.—The 
term ‘‘surface leasing transaction’’ means a residen-
tial, business, agricultural, or wind or solar resource 
lease of land the title to which is held— 
(A) in trust by the United States for the 
benefit of an Indian tribe; or 
(B) in fee by an Indian tribe, subject to re-
strictions against alienation under Federal law. 
(b) APPROVAL BY SECRETARY.—The Secretary may 
approve an Indian trust asset management plan that in-
cludes a provision authorizing the Indian tribe to enter 
into, approve, and carry out a surface leasing transaction 
or forest land management activity without approval of 
the Secretary, regardless of whether the surface leasing 
transaction or forest land management activity would re-
quire such an approval under otherwise applicable law (in-
cluding regulations), if— 
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(1) the resolution or other action of the gov-
erning body of the Indian tribe referred to in section 
203(c)(2)(A) expressly authorizes the inclusion of 
the provision in the Indian trust asset management 
plan; and 
(2) the Indian tribe has adopted regulations ex-
pressly incorporated by reference into the Indian 
trust asset management plan that— 
(A) with respect to a surface leasing trans-
action— 
(i) have been approved by the Sec-
retary pursuant to subsection (h)(4) of the 
first section of the Act of August 9, 1955 
(25 U.S.C. 415(h)(4)); or 
(ii) have not yet been approved by the 
Secretary in accordance with clause (i), but 
that the Secretary determines at or prior 
to the time of approval under this para-
graph meet the requirements of subsection 
(h)(3) of the first section of that Act (25 
U.S.C. 415(h)(3)); or 
(B) with respect to forest land manage-
ment activities, the Secretary determines— 
(i) are consistent with the regulations 
of the Secretary adopted under the Na-
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tional Indian Forest Resources Manage-
ment Act (25 U.S.C. 3101 et seq.); and 
(ii) provide for an environmental re-
view process that includes— 
(I) the identification and evalua-
tion of any significant effects of the 
proposed action on the environment; 
and 
(II) a process consistent with the 
regulations referred to in clause (i) 
for ensuring that— 
(aa) the public is informed 
of, and has a reasonable oppor-
tunity to comment on, any sig-
nificant environmental impacts of 
the proposed forest land manage-
ment activity identified by the In-
dian tribe; and 
(bb) the Indian tribe pro-
vides responses to relevant and 
substantive public comments on 
any such impacts before the In-
dian tribe approves the forest 
land management activity. 
(c) TYPES OF TRANSACTIONS.— 
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(1) IN GENERAL.—At the discretion of the In-
dian tribe, an Indian trust asset management plan 
may authorize the Indian tribe to carry out a sur-
face leasing transaction, a forest land management 
activity, or both. 
(2) SELECTION
OF
SPECIFIC
TRANSACTIONS 
AND ACTIVITIES.—At the discretion of the Indian 
tribe, the Indian tribe may include in the integrated 
resource management plan any 1 or more of the 
transactions and activities authorized to be included 
in the plan under subsection (b). 
(d) TECHNICAL ASSISTANCE.— 
(1) IN GENERAL.—The Secretary may provide 
technical assistance, on request of an Indian tribe, 
for development of a regulatory environmental re-
view process required under subsection (b)(2)(B)(ii). 
(2) INDIAN
SELF-DETERMINATION
AND
EDU-
CATION ASSISTANCE ACT.—The technical assistance 
to be provided by the Secretary pursuant to para-
graph (1) may be made available through contracts, 
grants, or agreements entered into in accordance 
with, and made available to entities eligible for, con-
tracts, grants, or agreements under the Indian Self- 
Determination and Education Assistance Act (25 
U.S.C. 450 et seq.). 
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(e) FEDERAL ENVIRONMENTAL REVIEW.—Notwith-
standing subsection (b), if an Indian tribe carries out a 
project or activity funded by a Federal agency, the Indian 
tribe shall have the authority to rely on the environmental 
review process of the applicable Federal agency, rather 
than any tribal environmental review process under this 
section. 
(f) DOCUMENTATION.—If an Indian tribe executes a 
surface leasing transaction or forest land management ac-
tivity, pursuant to tribal regulations under subsection 
(b)(2), the Indian tribe shall provide to the Secretary 
(1) a copy of the surface leasing transaction or 
forest land management activity documents, includ-
ing any amendments to, or renewals of, the applica-
ble transaction; and 
(2) in the case of tribal regulations, a surface 
leasing transaction, or forest land management ac-
tivities that allow payments to be made directly to 
the Indian tribe, documentation of the payments 
that is sufficient to enable the Secretary to dis-
charge the trust responsibility of the United States 
under subsection (g). 
(g) TRUST RESPONSIBILITY.— 
(1) IN GENERAL.—The United States shall not 
be liable for losses sustained— 
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(A) by an Indian tribe as a result of the 
execution of any forest land management activ-
ity pursuant to tribal regulations under sub-
section (b); or 
(B) by any party to a lease executed pur-
suant to tribal regulations under subsection (b). 
(2) AUTHORITY OF SECRETARY.—Pursuant to 
the authority of the Secretary to fulfill the trust ob-
ligation of the United States to Indian tribes under 
Federal law (including regulations), the Secretary 
may, on reasonable notice from the applicable Indian 
tribe and at the discretion of the Secretary, enforce 
the provisions of, or cancel, any lease executed by 
the Indian tribe under this section. 
(h) COMPLIANCE.— 
(1) IN GENERAL.—An interested party, after 
exhausting any applicable tribal remedies, may sub-
mit to the Secretary a petition, at such time and in 
such form as the Secretary determines to be appro-
priate, to review the compliance of an applicable In-
dian tribe with any tribal regulations approved by 
the Secretary under this subsection. 
(2) VIOLATIONS.—If the Secretary determines 
under paragraph (1) that a violation of tribal regula-
tions has occurred, the Secretary may take any ac-
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tion the Secretary determines to be necessary to 
remedy the violation, including rescinding the ap-
proval of the tribal regulations and reassuming re-
sponsibility for the approval of leases of tribal trust 
land. 
(3) DOCUMENTATION.—If the Secretary deter-
mines under paragraph (1) that a violation of tribal 
regulations has occurred and a remedy is necessary, 
the Secretary shall— 
(A) make a written determination with re-
spect to the regulations that have been violated; 
(B) provide to the applicable Indian tribe 
a written notice of the alleged violation, to-
gether with the written determination; and 
(C) prior to the exercise of any remedy, 
the rescission of the approval of the regulation 
involved, or the reassumption of the trust asset 
transaction approval responsibilities, provide to 
the applicable Indian tribe— 
(i) a hearing on the record; and 
(ii) a reasonable opportunity to cure 
the alleged violation. 
SEC. 206. EFFECT OF TITLE. 
(a) LIABILITY.—Subject to section 205 and this sec-
tion, nothing in this title or an Indian trust asset manage-
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ment plan approved 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 Indian trust asset under an Indian trust asset man-
agement 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 a trust asset 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 OF TERMINATION OF PLAN.—Subsection 
(b) applies to losses resulting from a transaction or activ-
ity described in that subsection even if the Indian trust 
asset management plan is terminated under section 
204(d) or rescinded under section 205(h). 
(d) EFFECT ON OTHER LAWS.— 
(1) IN GENERAL.—Except as provided in sec-
tions 204 and 205 and subsection (e), nothing in 
this title amends or otherwise affects the application 
of any treaty, statute, regulation, or Executive order 
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