I
104TH CONGRESS
1ST SESSION
H. R. 2631
To amend the American Indian Trust Fund Management Reform Act of
1994 to transfer certain authorities to the Office of Special Trustee
for American Indians, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 14, 1995
Mr. GALLEGLY introduced the following bill; which was referred to the
Committee on Resources
A BILL
To amend the American Indian Trust Fund Management
Reform Act of 1994 to transfer certain authorities to
the Office of Special Trustee for American Indians, 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.
This Act may be cited as the ‘‘American Indian Trust
Fund Management Reform Act Amendments of 1995’’.
SEC. 2. ADMINISTRATIVE AUTHORITIES OF THE OFFICE OF
SPECIAL TRUSTEE.
(a) IN GENERAL.—Section 303(b)(2) of the Amer-
ican Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4043(b)(2)) is amended—
(1) by striking the paragraph heading and in-
serting the following new heading: ‘‘ADMINISTRA-
TION OF FINANCIAL TRUST SERVICES.—’’
(2) by redesignating subparagraphs (A) through
(C) as subparagraphs (B) through (D), respectively;
and
(3) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph:
‘‘(A) ADMINISTRATIVE
AUTHORITY.—The
Office of Special Trustee shall have direct ad-
ministrative authority over the human and fi-
nancial resources supporting the provision of fi-
nancial trust services and functions to Indian
tribes and Indian individuals administered by
the Bureau on the day before the date of enact-
ment of the American Indian Trust Fund Man-
agement Reform Act Amendments of 1995.’’.
(b) TRANSFER OF FUNCTIONS.—The Secretary of
the Interior shall transfer to the Office of Special Trustee
for American Indians established under section 302 of the
American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4042) the functions and services of the
Bureau of Indian Affairs relating to the administration
of human and financial resources supporting the provision
of financial trust services and functions to Indian tribes
and Indian individuals in a manner consistent with section
303(b)(2)(A) of that Act, as amended by subsection (a).
(c) ADMINISTRATIVE SUPPORT SERVICES.—
(1) IN GENERAL.—Subject to paragraph (2),
for fiscal year 1996, the Secretary of the Interior
shall ensure that, to the extent practicable, the Bu-
reau of Indian Affairs provides administrative sup-
port services for the financial trust functions and
services transferred to the Office of Special Trustee
for American Indians under subsection (b) at a level
that is comparable to the level of administrative sup-
port services provided by the Bureau of Indian Af-
fairs to support those financial trust functions and
services during fiscal year 1995.
(2) EFFECT OF REDUCTION IN FUNDING.—If,
for fiscal year 1996, the amount of funds made
available by appropriations for the Bureau of Indian
Affairs for general administrative support services is
less than the amount made available for such pur-
poses for fiscal year 1995, the Secretary shall deter-
mine the level of administrative support services de-
scribed in paragraph (1) to be provided for fiscal
year 1996 on a pro rata basis, taking into account
the total amount of funds made available by appro-
priations for the Bureau for general administrative
support services.
SEC. 3. OFFICE OF SPECIAL TRUSTEE.
Section 302(b) of the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4042(b)) is
amended by adding at the end the following new para-
graph:
‘‘(3) TERM OF SPECIAL TRUSTEE.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraphs (B) and (C), the Special Trustee
shall serve for a term of 4 years.
‘‘(B) TERMINATION OF OFFICE.—If, pur-
suant to subsection (c), the Office of Special
Trustee is terminated prior to the expiration of
the term specified in subparagraph (A), the
term of the Special Trustee shall expire on the
termination date determined under that sub-
section.
‘‘(C) VACANCY.—If a vacancy occurs prior
to the expiration of the term of the Special
Trustee, the vacancy shall be filled in the same
manner as the original appointment and, except
as provided in subparagraph (B), the individual
appointed to succeed shall serve for the
unexpired portion of that term.’’.
SEC. 4. CONFORMING AMENDMENTS.
Section 303 of the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4043), as
amended by section 2, is further amended—
(1) in subsection (b)(2)—
(A) in subparagraph (B)—
(i) by striking ‘‘the Bureau’’ and in-
serting ‘‘the Department’’; and
(ii) by striking ‘‘holders,’’ and insert-
ing ‘‘holders’’;
(B) in subparagraph (C), by striking ‘‘that
the Bureau establishes’’ and inserting ‘‘the es-
tablishment of’’; and
(C) in subparagraph (D), by striking ‘‘that
the Bureau establishes’’ and inserting ‘‘the es-
tablishment of’’; and
(2) in subsection (c)—
(A) in paragraph (2), by striking ‘‘Bu-
reau’’ each place it appears and inserting ‘‘Of-
fice’’; and
(B) in paragraph (3), by striking ‘‘Bu-
reau’’ each place it appears and inserting ‘‘Of-
fice’’.
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