I 
114TH CONGRESS 
1ST SESSION 
H. R. 812 
To provide for Indian trust asset management reform, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 9, 2015 
Mr. SIMPSON (for himself, Mr. COLE, and Mr. HECK of Washington) intro-
duced the following bill; which was referred to the Committee on Natural 
Resources 
A BILL 
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, 
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. Congressional statement of findings. 
Sec. 102. Congressional reaffirmation of policy. 
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TITLE II—INDIAN TRUST ASSET MANAGEMENT DEMONSTRATION 
PROJECT ACT 
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. Effect of title. 
TITLE III—RESTRUCTURING OFFICE OF THE SPECIAL TRUSTEE 
Sec. 301. Purpose. 
Sec. 302. Definitions. 
Sec. 303. Under Secretary for Indian Affairs. 
Sec. 304. Office of the Special Trustee for American Indians. 
Sec. 305. Appraisals and valuations. 
Sec. 306. Cost savings. 
TITLE I—RECOGNITION OF 
TRUST RESPONSIBILITY 
SEC. 101. CONGRESSIONAL STATEMENT OF FINDINGS. 
The Congress, after careful review of the Federal 
Government’s historical and special legal relationship 
with, and resulting responsibilities to, American Indian 
people, finds that— 
(1) the relationship of Indian tribes to the 
United States is founded in part on the settled doc-
trine of the law of nations that when a stronger sov-
ereign assumes authority over a weaker sovereign, 
the stronger one assumes a duty of protection for 
the weaker one, which does not surrender its right 
to self-government; 
(2) the United States fiduciary responsibilities 
to Indians also are founded in part on specific com-
mitments made through written treaties and agree-
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ments securing peace, in exchange for which Indians 
have surrendered claims to vast tracts of land, which 
provided legal consideration for permanent, ongoing 
performance of Federal trust duties; and 
(3) the foregoing historic Federal-tribal rela-
tions and understandings have benefitted the people 
of the United States as a whole for centuries and es-
tablished enduring and enforceable Federal obliga-
tions to which the national honor has been com-
mitted. 
SEC. 102. CONGRESSIONAL REAFFIRMATION OF POLICY. 
Pursuant to its constitutionally vested authority over 
Indian affairs, the Congress hereby reaffirms that the 
United States fiduciary responsibilities to Indian tribes in-
clude and are not limited by a duty to promote tribal self- 
determination regarding governmental authority and eco-
nomic development. 
TITLE II—INDIAN TRUST ASSET 
MANAGEMENT 
DEMONSTRA-
TION PROJECT ACT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Indian Trust Asset 
Management Demonstration Project Act of 2015’’. 
SEC. 202. DEFINITIONS. 
In this title: 
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(1) PROJECT.—The term ‘‘Project’’ means the 
Indian trust asset management demonstration 
project established under section 203(a). 
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
means an Indian tribe that— 
(A) is federally recognized; and 
(B) submits an application under section 
203(c). 
(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. 
(b) 
SELECTION
OF
PARTICIPATING
INDIAN 
TRIBES.— 
(1) INDIAN TRIBES.— 
(A) IN GENERAL.—Any Indian tribe shall 
be eligible to participate in the Project if— 
(i) the Indian tribe submits to the 
Secretary an application under subsection 
(c); and 
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(ii) the Secretary approves the appli-
cation 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 
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 
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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 shall remain in effect 
for a period of 10 years after the date of enactment of 
this Act, but may be extended at the discretion of the Sec-
retary. 
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). 
(2) CONTENTS.—A proposed Indian trust asset 
management plan shall include provisions that— 
(A) identify the trust assets that will be 
subject to the plan; 
(B) establish trust asset management ob-
jectives and priorities for Indian trust assets 
that are located within the reservation, or oth-
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erwise subject to the jurisdiction, of the Indian 
tribe; 
(C) allocate trust asset management fund-
ing that is available for the Indian trust assets 
subject to the plan in order to meet the trust 
asset management objectives and priorities; 
(D) if the Indian tribe has contracted or 
compacted functions or activities under the In-
dian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450 et seq.) relating to the 
management of trust assets— 
(i) identify the functions or activities 
that are being performed by the Indian 
tribe under the contracts or compacts; 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 
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(G) identify any Federal regulations that 
will be superseded by the plan; 
(3) TECHNICAL
ASSISTANCE
AND
INFORMA-
TION.—The Secretary shall provide to an 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 on receipt of a written request from the 
Indian tribe. 
(b) APPROVAL
AND DISAPPROVAL
OF PROPOSED 
PLANS.— 
(1) APPROVAL.— 
(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 one or 
more provisions that are inconsistent with 
subsection (c); or 
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(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. 
(B) ACTION
BY
TRIBES.—If a proposed 
plan is disapproved under paragraph (1)(B), 
the Indian tribe may resubmit an amended pro-
posed plan not later than 90 days after the date 
on which the Indian tribe receives the notice 
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 the determination of the Sec-
retary in accordance with subchapter II of chapter 
5, and chapter 7, of title 5, United States Code 
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(commonly known as the ‘‘Administrative Procedure 
Act’’) if— 
(A) the Secretary disapproves the proposed 
plan of the Indian tribe under paragraph (1) or 
(3); and 
(B) the Indian tribe has exhausted any 
other administrative remedy available to the In-
dian tribe. 
(c) APPLICABLE LAWS; STANDARDS; TRUST RE-
SPONSIBILITY.— 
(1) APPLICABLE LAWS.—Except as provided in 
subsection (e), an Indian trust asset management 
plan, and any activity carried out under the plan, 
shall not be approved unless the proposed plan is 
consistent with all treaties, statutes, Executive or-
ders, and court decisions that are applicable to the 
trust assets, or the management of the trust assets, 
identified in the plan. 
(2) STANDARDS.—Subject to the laws referred 
to in paragraph (1)(A), an Indian trust asset man-
agement plan shall not be approved unless the Sec-
retary determines that the plan will— 
(A) conform, to the maximum extent prac-
ticable, to the preferred use of the trust asset 
by the beneficial owner, unless the use is incon-
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sistent with a treaty, statute, Executive order, 
or court decision referred to in paragraph 
(1)(A); and 
(B) protect any applicable treaty-based 
fishing, hunting and gathering, and similar 
rights relating to the use, access, or enjoyment 
of a trust asset. 
(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). 
(e) APPROVAL OF CERTAIN AGREEMENTS BY INDIAN 
TRIBE.— 
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(1) IN GENERAL.—Notwithstanding subsection 
(c)(1), the Secretary may approve an Indian trust 
asset management plan that includes a provision au-
thorizing the Indian tribe to enter into, approve and 
carry out a surface leasing transaction or forest land 
management activity without approval of the Sec-
retary, even though the surface leasing transaction 
or forest land management activity would require 
such approval under otherwise applicable law (in-
cluding regulations), if— 
(A) the resolution of other action of the 
governing body of the Indian tribe referred to 
in section 203(c)(2)(B) expressly authorizes the 
inclusion of such provision in the Indian trust 
asset management plan; 
(B) the Indian tribe has adopted regula-
tions expressly incorporated by reference into 
the Indian trust asset management plan that— 
(i) with respect to a surface leasing 
transaction— 
(I) have been approved by the 
Secretary 
pursuant 
to 
subsection 
(h)(4) of the first section of the Act of 
August 9, 1955 (25 U.S.C. 415(h)(4) 
titled ‘‘An Act to authorizes the leas-
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ing of restricted Indian lands for pub-
lic, religious, educational, recreational, 
residential, business, and other pur-
poses requiring the grant of long-term 
leases’’ 415(h)(4)), or 
(II) have not been approved yet 
by the Secretary in accordance with 
subclause (I) but that the Secretary 
determines at or prior to the time of 
approval under this paragraph meet 
the requirements of subsection (h)(3) 
of the first section of that Act (25 
U.S.C. 415(h)(3); or 
(ii) with respect to forest land man-
agement activities, the Secretary deter-
mines— 
(I) are consistent with the regu-
lations of the Secretary adopted under 
the National Indian Forest Resources 
Management Act (25 U.S.C. 3101 et 
seq.); and 
(II) provide for an environmental 
review process that includes— 
(aa) the identification and 
evaluation of any significant ef-
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fects of the proposed action on 
the environment; and 
(bb) a process for ensuring 
that— 
(AA) the public is in-
formed of, and has a reason-
able opportunity to comment 
on, any significant environ-
mental impacts of the pro-
posed forest land manage-
ment activity identified by 
the Indian tribe; and 
(BB) the Indian tribe 
provides responses to rel-
evant and substantive public 
comments on any such im-
pacts before the Indian tribe 
approves the timber resource 
transaction. 
(2) KINDS OF TRANSACTIONS.— 
(A) IN GENERAL.—At the discretion of the 
Indian tribe, an Indian trust asset management 
plan may authorize the Indian tribe to carry 
out either a surface leasing transaction or a for-
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est land management activity, or both of those 
kinds of transactions and activities. 
(B) SELECTION
OF
SPECIFIC
TRANS-
ACTIONS AND ACTIVITIES.—At the discretion of 
the Indian tribe, the Indian tribe may include 
in the Integrated Resource Management Plan 
any one, several or all of the kinds of trans-
actions and activities authorized to be included 
in such plan under subparagraph (A). 
(3) TECHNICAL
ASSISTANCE.—The Secretary 
may provide technical assistance, upon request of 
the Indian tribe, for development of a regulatory en-
vironmental review process required under para-
graph (1). 
(4) INDIAN
SELF-DETERMINATION
ACT.—The 
technical assistance to be provided by the Secretary 
pursuant to paragraph (2) may be made available 
through contracts, grants, or agreements entered 
into in accordance with, and made available to enti-
ties eligible for, such contracts, grants, or agree-
ments under the Indian Self-Determination Act (25 
U.S.C. 450 et seq.). 
(5) FEDERAL ENVIRONMENTAL REVIEW.—Not-
withstanding paragraph (1), if an Indian tribe car-
ries out a project or activity funded by a Federal 
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agency, the Indian tribe shall have the authority to 
rely on the environmental review process of the ap-
plicable Federal agency rather than any tribal envi-
ronmental review process under this subsection. 
(6) DOCUMENTATION.—If an Indian tribe exe-
cutes a surface leasing transaction or forest land 
management activity, pursuant to tribal regulations 
under paragraph (1), the Indian tribe shall provide 
the Secretary with— 
(A) a copy of the surface leasing trans-
action or forest land management activity docu-
ments, including any amendments to or renew-
als of the applicable transaction; and 
(B) in the case of tribal regulations, a sur-
face leasing transaction, or forest land manage-
ment activities that allow payments to be made 
directly to the Indian tribe, documentation of 
the payments that is sufficient to enable the 
Secretary to discharge the trust responsibility 
of the United States under paragraph (7). 
(7) TRUST RESPONSIBILITY.— 
(A) IN
GENERAL.—The United States 
shall not be liable for losses sustained by any 
party to a lease executed pursuant to tribal reg-
ulations under paragraph (1). 
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