I 
109TH CONGRESS 
1ST SESSION H. R. 4322 
To provide for Indian trust asset management reform and resolution of 
historical accounting claims, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 15, 2005 
Mr. POMBO (for himself and Mr. RAHALL) introduced the following bill; which 
was referred to the Committee on Resources 
A BILL 
To provide for Indian trust asset management reform and 
resolution of historical accounting claims, 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 
‘‘Indian Trust Reform Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—SETTLEMENT OF LITIGATION CLAIMS 
Sec. 101. Findings. 
Sec. 102. Definitions.
Sec. 103. Individual Indian Accounting Claim Settlement Fund. 
Sec. 104. General distribution. 
Sec. 105. Claims relating to share determination. 
Sec. 106. Claims relating to method of valuation. 
Sec. 107. Claims relating to constitutionality. 
Sec. 108. Attorneys’ fees. 
Sec. 109. Waiver and release of claims. 
Sec. 110. Effect of title. 
TITLE II—INDIAN TRUST ASSET MANAGEMENT POLICY REVIEW 
COMMISSION 
Sec. 201. Establishment. 
Sec. 202. Membership. 
Sec. 203. Meetings and procedures. 
Sec. 204. Duties. 
Sec. 205. Powers. 
Sec. 206. Commission personnel matters. 
Sec. 207. Exemption from FACA. 
Sec. 208. Authorization of appropriations. 
Sec. 209. Termination of Commission. 
TITLE III—INDIAN TRUST ASSET MANAGEMENT 
DEMONSTRATION PROJECT ACT 
Sec. 301. Short title. 
Sec. 302. Definitions. 
Sec. 303. Establishment of demonstration project; selection of participating In-
dian tribes. 
Sec. 304. Indian trust asset management plan. 
Sec. 305. Effect of title. 
TITLE IV—FRACTIONAL INTEREST PURCHASE AND 
CONSOLIDATION PROGRAM 
Sec. 401. Fractional interest program. 
TITLE V—RESTRUCTURING BUREAU OF INDIAN AFFAIRS AND 
OFFICE OF SPECIAL TRUSTEE 
Sec. 501. Purpose. 
Sec. 502. Definitions. 
Sec. 503. Under Secretary for Indian Affairs. 
Sec. 504. Transfer of functions of Assistant Secretary for Indian Affairs. 
Sec. 505. Office of Special Trustee for American Indians. 
Sec. 506. Hiring preference. 
Sec. 507. Authorization of appropriations. 
TITLE VI—AUDIT OF INDIAN TRUST FUNDS 
Sec. 601. Audits and reports. 
Sec. 602. Authorization of appropriations.
TITLE I—SETTLEMENT OF 
LITIGATION CLAIMS 
SEC. 101. FINDINGS. 
Congress finds that— 
(1) Congress has appropriated tens of millions 
of dollars for purposes of providing an historical ac-
counting of funds held in Individual Indian Money 
accounts; 
(2) as of the date of enactment of this Act, the 
efforts of the Federal Government in conducting his-
torical accounting activities have provided informa-
tion regarding the feasibility and cost of providing a 
complete historical accounting of IIM account funds; 
(3) in the case of many IIM accounts, a com-
plete historical accounting— 
(A) may be impossible because necessary 
records and accounting data are missing or de-
stroyed; 
(B) may take several years to perform even 
if necessary records are available; 
(C) may cost the United States hundreds 
of millions and possibly several billion dollars; 
and
(D) may be impossible to complete before 
the deaths of many elderly IIM account bene-
ficiaries; 
(4) without a complete historical accounting, it 
may be difficult or impossible to ascertain the extent 
of losses in an IIM account as a result of accounting 
errors or mismanagement of funds, or the correct 
amount of interest accrued or owned on the IIM ac-
count; 
(5) the total cost to the United States of pro-
viding a complete historical accounting of an IIM ac-
count may exceed— 
(A) the current balance of the IIM ac-
count; 
(B) the total sums of money that have 
passed through the IIM account; and 
(C) the enforceable liability of the United 
States for losses from, and interest in, the IIM 
account; 
(6)(A) the delays in obtaining an accounting 
and in pursuing accounting claims in the case styled 
Cobell v. Norton, Civil Action No. 96–1285 (RCL) 
in the United States District Court for the District 
of Columbia, have created a great hardship on IIM 
account beneficiaries; and
(B) many beneficiaries and their representatives 
have indicated that they would rather receive mone-
tary compensation than experience the continued 
frustration and delay associated with an accounting 
of transactions and funds in their IIM accounts; 
(7) it is appropriate for Congress, taking into 
consideration the findings under paragraphs (1) 
through (6), to provide benefits that are reasonably 
calculated to be fair and appropriate in lieu of per-
forming an accounting of an IIM account, or assum-
ing liability for errors in such an accounting, mis-
management of IIM account funds (including unde-
termined amounts of interest in IIM accounts, losses 
in which may never be discovered or quantified if a 
complete historical accounting cannot be performed), 
or breach of fiduciary duties with respect to the ad-
ministration of IIM accounts, in order to transmute 
claims by the beneficiaries of IIM accounts for unde-
termined or unquantified accounting losses and in-
terest to a fixed amount to be distributed to the 
beneficiaries of IIM accounts; 
(8) in determining the amount of the payments 
to be distributed as described in paragraph (7), Con-
gress should take into consideration, in addition to
the factors described in paragraphs (1) through 
(6)— 
(A) the risks and costs to IIM account 
beneficiaries, as well as any delay, associated 
with the litigation of claims that will be resolved 
by this title; and 
(B) the benefits to IIM account bene-
ficiaries available under this title; 
(9) the situation of the Osage Nation is unique 
because, among other things, income from the min-
eral estate of the Osage Nation is distributed to in-
dividuals through headright interests that belong not 
only to members of the Osage Nation, but also to 
members of other Indian tribes, and to non-Indians; 
and 
(10) due to the unique situation of the Osage 
Nation, the Osage Nation, on its own behalf, has 
filed various actions in Federal district court and the 
United States Court of Federal Claims seeking ac-
countings, money damages, and other legal and equi-
table relief 
SEC. 102. DEFINITIONS. 
In this title: 
(1) ACCOUNTING CLAIM.—The term ‘‘account-
ing claim’’ means any claim for an historical ac-
counting of a claimant against the United States 
under the Litigation. 
(2) CLAIMANT.—The term ‘‘claimant’’ means 
any beneficiary of an IIM account (including an heir 
of such a beneficiary) that was living on the date of 
enactment of the American Indian Trust Fund Man-
agement Reform Act of 1994 (25 U.S.C. 4001 et 
seq.). 
(3) IIM ACCOUNT.—The term ‘‘IIM account’’ 
means an Individual Indian Money account adminis-
tered by the Bureau of Indian Affairs. 
(4) LITIGATION.—The term ‘‘Litigation’’ means 
the case styled Cobell v. Norton, Civil Action No. 
96–1285 (RCL) in the United States District Court 
for the District of Columbia. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Treasury. 
(6) SETTLEMENT
FUND.—The term ‘‘Settle-
ment Fund’’ means the fund established by section 
103(a). 
(7) SPECIAL MASTER.—The term ‘‘Special Mas-
ter’’ means the special master appointed by the Sec-
retary under section 103(b) to administer the Settle-
ment Fund.
SEC. 103. INDIVIDUAL INDIAN ACCOUNTING CLAIM SETTLE-
MENT FUND. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—There is established in the 
general fund of the Treasury a fund, to be known 
as the ‘‘Individual Indian Accounting Claim Settle-
ment Fund’’. 
(2) INITIAL DEPOSIT.—The Secretary shall de-
posit into the Settlement Fund to carry out this title 
not 
less 
than 
$[llllllllll],000,000,000 from funds 
appropriated under section 1304 of title 31, United 
States Code. 
(b) SPECIAL MASTER.—As soon as practicable after 
the date of enactment of this Act, the Secretary shall ap-
point a Special Master to administer the Settlement Fund 
in accordance with this title. 
(c) DISTRIBUTION.— 
(1) IN GENERAL.—The Special Master shall use 
not less than 80 percent of amounts in the Settle-
ment Fund to make payments to claimants in ac-
cordance with section 104. 
(2) METHOD
OF
VALUATION
AND
CONSTITU-
TIONAL CLAIMS.—The Special Master may use not 
to exceed 12 percent of amounts in the Settlement 
Fund to make payments to claimants described in—
(A) section 106; or 
(B) section 107. 
(3) ATTORNEYS’ FEES.—The Special Master 
may 
use 
not 
to 
exceed 
[llllllllll]percent of amounts in the 
Settlement Fund to make payments to claimants for 
attorneys’ fees in accordance with section 108. 
(d) COSTS OF ADMINISTRATION.—The Secretary may 
use not more than [llllllllll]percent of 
amounts in the Settlement Fund to pay the costs of— 
(1) administering the Settlement Fund; and 
(2) otherwise carrying out this title. 
SEC. 104. GENERAL DISTRIBUTION. 
(a) PAYMENTS TO CLAIMANTS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date on which the Secretary publishes in the 
Federal Register the regulations described in sub-
section (d), the Special Master shall distribute to 
each claimant from the Settlement Fund an amount 
equal to the sum of— 
(A) the per capita share of the claimant of 
$[llllllllll],000,000,000 of the 
amounts described in section 103(c)(1); and 
(B) 
of 
$[llllllllll],000,000,000 of the
amounts described in section 103(c)(1), the ad-
ditional share of the claimant, to be determined 
in accordance with a formula established by the 
Secretary under subsection (d)(1). 
(2) HEIRS OF CLAIMANTS.— 
(A) IN GENERAL.—An heir of a claimant 
shall receive the entire amount distributed to 
the claimant under paragraphs (1) and (3). 
(B) MULTIPLE HEIRS.—If a claimant has 
more than 1 heir, the amount distributed to the 
claimant under paragraphs (1) and (3) shall be 
divided equally among the heirs of the claimant. 
(3) RESIDUAL AMOUNTS.—After making each 
distribution required under sections 106, 107, and 
108, the Special Master shall distribute to claimants 
the remainder of the amounts described in para-
graphs (2) and (3) of section 103(c), in accordance 
with paragraph (1)(B). 
(b) REQUIREMENT FOR DISTRIBUTION.—The Special 
Master shall not make a distribution to a claimant under 
subsection (a) until the claimant executes a waiver and 
release of accounting claims against the United States in 
accordance with section 109. 
(c) LOCATION OF CLAIMANTS.—
(1) RESPONSIBILITY
OF
SECRETARY
OF
THE 
INTERIOR.—The Secretary of the Interior shall pro-
vide to the Special Master any information, includ-
ing IIM account information, that the Special Mas-
ter determines to be necessary to— 
(A) identify any claimant under this title; 
or 
(B) apply a formula established by the 
Secretary under subsection (d). 
(2) CLAIMANTS OF UNKNOWN LOCATION.— 
(A) IN
GENERAL.—The Special Master 
shall deposit in an account, for future distribu-
tion, amounts under this title for each claimant 
who— 
(i) is entitled to receive a distribution 
under this title, as determined by the Spe-
cial Master; and 
(ii) has not been located by the Spe-
cial Master as of the date on which a dis-
tribution is required under subsection 
(a)(1). 
(B) LOCATION OF CLAIMANTS.— 
(i) RESPONSIBILITY
OF
SECRETARY 
OF THE INTERIOR.—The Secretary of the 
Interior shall provide to the Special Master
any information and assistance necessary 
to locate a claimant described in subpara-
graph (A)(ii). 
(ii) CONTRACTS.—The Special Master 
may enter into contracts with an Indian 
tribe or an organization representing indi-
vidual Indians in order to locate a claimant 
described in subparagraph (A)(ii). 
(d) REGULATIONS.— 
(1) IN GENERAL.—The Secretary shall promul-
gate any regulations that the Secretary determines 
to be necessary to carry out this title, including reg-
ulations establishing a formula to determine the 
share of each claimant of payments under subsection 
(a)(1). 
(2) FACTORS FOR CONSIDERATION.—In devel-
oping the formula described in paragraph (1), the 
Secretary shall take into consideration the amount 
of funds that have passed through the IIM account 
of each claimant during the period beginning on 
January 1, 1980, and ending on December 31, 
2005, or another period, as the Secretary determines 
to be appropriate.
SEC. 105. CLAIMS RELATING TO SHARE DETERMINATION. 
(a) IN GENERAL.—Subject to subsection (b), any 
claimant may seek judicial review of the determination of 
the Special Master with respect to the amount of a share 
payment of a claimant under section 104(a)(1). 
(b) REQUIREMENTS.—A claimant shall file a claim 
under subsection (a)— 
(1) not later than 180 days after the date of re-
ceipt of a notice by the claimant under subsection 
(c); and 
(2) in the United States district court for the 
district in which the claimant resides. 
(c) NOTICE.—The Secretary shall provide to each 
claimant a notice of the right of any claimant to seek judi-
cial review of a determination of the Special Master with 
respect to the amount of the share payment of the claim-
ant under section 105. 
(d) SUBSEQUENT APPEALS.—A claim relating to a 
determination of a United States district court relating 
to an appeal under subsection (a) shall be filed only in 
the United States Court of Appeals for the District of Co-
lumbia. 
SEC. 106. CLAIMS RELATING TO METHOD OF VALUATION. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, a claimant may seek judicial
review of the method of distribution of a payment to the 
claimant under section 104(a). 
(b) REQUIREMENTS.—A claim under subsection 
(a)— 
(1) shall not be filed as part of a class action 
claim against any party; and 
(2) shall be filed only in the United States 
Court of Federal Claims. 
(c) AVAILABLE AMOUNTS.— 
(1) IN GENERAL.—The Special Master shall use 
only amounts described in section 103(c)(2)(A) to 
satisfy an award under a claim under this section. 
(2) PAYMENTS
TO
CLAIMANTS.—A claimant 
that files a claim under this subsection shall not be 
eligible to receive a distribution under section 
104(a). 
(d) EFFECT OF CLAIM.—The filing of a claim under 
this section shall be considered to be a waiver by the claim-
ant of any right to an award under section 104. 
SEC. 107. CLAIMS RELATING TO CONSTITUTIONALITY. 
(a) IN GENERAL.—Any claimant may seek judicial 
review in the United States District Court for the District 
of Columbia of the constitutionality of the application of 
this title to an individual claimant. 
(b) PROCEDURE.—
(1) JUDICIAL PANEL.—A claim under this sec-
tion shall be determined by a panel of 3 judges, to 
be appointed by the chief judge of the United States 
District Court for the District of Columbia. 
(2) CONSOLIDATION OF CLAIMS.— 
(A) IN GENERAL.—The judicial panel may 
consolidate claims under this section, as the ju-
dicial panel determines to be appropriate. 
(B) 
PROHIBITION
OF
CLASS
ACTION 
CASES.—A claim under this section shall not be 
filed as part of a class action claim against any 
party. 
(3) DETERMINATION.—The judicial panel may 
award a claimant such relief as the judicial panel de-
termines to be appropriate, including monetary com-
pensation. 
(c) AVAILABLE AMOUNTS.— 
(1) IN GENERAL.—The Special Master shall use 
only amounts described in section 103(c)(2)(B) to 
satisfy an award under a claim under this section. 
(2) PAYMENTS
TO
CLAIMANTS.—A claimant 
that files a claim under this subsection shall not be 
eligible to receive a distribution under section 
104(a).
(d) EFFECT OF CLAIM.—The filing of a claim under 
this section shall be considered to be a waiver by the claim-
ant of any right to an award under section 104. 
SEC. 108. ATTORNEYS’ FEES. 
(a) IN GENERAL.—The Special Master may use 
amounts described in section 103(c)(3) to make payments 
to claimants for costs and attorneys’ fees incurred under 
the Litigation before the date of enactment of this Act, 
or in connection with a claim under section 104, at a rate 
not to exceed $[llllllllll] per hour. 
(b) REQUIREMENTS.— 
(1) IN
GENERAL.—The Special Master may 
make a payment under subsection (a) only if, as of 
the date on which the Special Master makes the pay-
ment, the applicable costs and attorneys’ fees have 
not been paid by the United States pursuant to a 
court order. 
(2) ACTION BY ATTORNEYS.—To receive a pay-
ment under subsection (a), an attorney of the claim-
ant shall submit to the Special Master a written 
claim for costs or fees under the Litigation. 
SEC. 109. WAIVER AND RELEASE OF CLAIMS. 
(a) IN GENERAL.—In order to receive an award 
under this title, a claimant shall execute and submit to
the Special Master a waiver and release of claims under 
this section. 
(b) CONTENTS.—A waiver and release under sub-
section (a) shall contain a statement that the claimant 
waives and releases the United States (including any offi-
cer, official, employee, or contractor of the United States) 
from any legal or equitable claim under Federal, State, 
or other law (including common law) relating to any ac-
counting of funds in the IIM account of the claimant on 
or before the date of enactment of this Act. 
SEC. 110. EFFECT OF TITLE. 
(a) SUBSTITUTION OF BENEFITS.— 
(1) IN GENERAL.—The benefits provided under 
this title shall be considered to be provided in lieu 
of any claims under Federal, State, or other law 
originating before the date of enactment of this Act 
for— 
(A) losses as a result of accounting errors 
relating to funds in an IIM account; 
(B) mismanagement of funds in an IIM 
account; or 
(C) interest accrued or owed in connection 
with funds in an IIM account. 
(2) LIMITATION OF CLAIMS.—Except as pro-
vided in this title, and notwithstanding any other
provision of law, a claimant shall not maintain an 
action in any Federal, State, or other court for an 
accounting claim originating before the date of en-
actment of this Act. 
(3) JURISDICTION OF COURTS.— 
(A) IN
GENERAL.—Except as otherwise 
provided in this title, no court shall have juris-
diction over a claim filed by an individual or 
group for the historical accounting of funds in 
an IIM account on or before the date of enact-
ment of this Act, including any such claim that 
is pending on the date of enactment of this Act. 
(B) LIMITATION.—This paragraph does 
not prevent a court from ordering an account-
ing in connection with an action relating to the 
mismanagement of trust resources that are not 
funds in an IIM account on or before the date 
of enactment of this Act. 
(b) ACCEPTANCE AS WAIVER.—The acceptance by a 
claimant of a benefit under this title shall be considered 
to be a waiver by the claimant of any accounting claim 
that the claimant has or may have relating to the IIM 
account of the claimant. 
(c) RECEIPT OF PAYMENTS HAVE NO IMPACT ON 
BENEFITS UNDER OTHER FEDERAL PROGRAMS.—The
receipt of a payment by a claimant under this title shall 
not be— 
(1) subject to Federal or State income tax; or 
(2) treated as benefits or otherwise taken into 
account in determining the eligibility of the claimant 
for, or the amount of benefits under, any other Fed-
eral program, including the social security program, 
the medicare program, the medicaid program, the 
State children’s health insurance program, the food 
stamp program, or the Temporary Assistance for 
Needy Families program. 
(d) CERTAIN CLAIMS.—Nothing in this title pre-
cludes any court from granting any legal or equitable relief 
in an action by an Indian tribe or Indian nation against 
the United States, or an officer of the United States, filed 
or pending on or before the date of enactment of this Act, 
seeking an accounting, money damages, or any other relief 
relating to a tribal trust account or trust asset or resource. 
TITLE II—INDIAN TRUST ASSET 
MANAGEMENT 
POLICY 
RE-
VIEW COMMISSION 
SEC. 201. ESTABLISHMENT. 
There is established a commission, to be known as 
the ‘‘Indian Trust Asset Management Policy Review Com-
mission,’’ (referred to in this title as the ‘‘Commission’’), 
for the purposes of— 
(1) reviewing trust asset management laws (in-
cluding regulations) in existence on the date of en-
actment of this Act governing the management and 
administration of individual Indian and Indian tribal 
trust assets; 
(2) reviewing the management and administra-
tion practices of the Department of the Interior with 
respect to individual Indian and Indian tribal trust 
assets; and 
(3) making recommendations to the Secretary 
of the Interior and Congress for improving those 
laws and practices. 
SEC. 202. MEMBERSHIP. 
(a) IN GENERAL.—The Commission shall be com-
posed of 12 members, of whom— 
(1) 4 shall be appointed by the President; 
(2) 2 shall be appointed by the Majority Leader 
of the Senate; 
(3) 2 shall be appointed by the Minority Leader 
of the Senate; 
(4) 2 shall be appointed by the Speaker of the 
House of Representatives; and
(5) 2 shall be appointed by the Minority Leader 
of the House of Representatives. 
(b) QUALIFICATIONS.—The membership of the Com-
mission shall include— 
(1) at least 6 members who are representatives 
of federally recognized Indian tribes with reservation 
land or other trust land that is managed for— 
(A) grazing; 
(B) fishing; or 
(C) crop, timber, mineral, or other re-
source production purposes; 
(2) at least 1 member (including any member 
described in paragraph (1)) who is or has been the 
beneficial owner of an individual Indian monies ac-
count; and 
(3) at least 4 members who have experience 
in— 
(A) Indian trust resource (excluding a fi-
nancial resource) management; 
(B) fiduciary investment management; 
(C) financial asset management; and 
(D) Federal law and policy relating to In-
dians. 
(c) DATE OF APPOINTMENTS.—
(1) IN GENERAL.—The appointment of a mem-
ber of the Commission shall be made not later than 
90 days after the date of enactment of this Act. 
(2) FAILURES TO APPOINT.—A failure to make 
an appointment in accordance with paragraph (1) 
shall not affect the powers or duties of the Commis-
sion if sufficient members are appointed to establish 
a quorum. 
(d) TERM; VACANCIES.— 
(1) TERM.—A member shall be appointed for 
the life of the Commission. 
(2) VACANCIES.—A vacancy on the Commis-
sion— 
(A) shall not affect the powers or duties of 
the Commission; and 
(B) shall be filled in the same manner as 
the original appointment was made. 
SEC. 203. MEETINGS AND PROCEDURES. 
(a) INITIAL MEETING.—Not later than 150 days 
after the date of enactment of this Act, the Commission 
shall hold the initial meeting of the Commission to— 
(1) elect a Chairperson; and 
(2) establish procedures for the conduct of busi-
ness of the Commission, including public hearings.