I
103D CONGRESS
2D SESSION
H. R. 4833
To reform the management of Indian Trust Funds, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 26, 1994
Mr. RICHARDSON introduced the following bill; which was referred to the
Committee on Natural Resources
A BILL
To reform the management of Indian Trust Funds, 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 of 1994’’.
SEC. 2. STATEMENT OF RESPONSIBILITY.
The Secretary of the Interior is responsible for the
management of Indian trust funds including tribal ac-
counts and Individual Indian money accounts.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) The term ‘‘Special Trustee’’ means the Spe-
cial Trustee for American Indians established by
section 102.
(2) The term ‘‘Indian tribe’’ means any Indian
tribe, band, nation, or other organized group or com-
munity, including any Alaska Native village or re-
gional or village corporation as defined in or estab-
lished pursuant to the Alaska Native Claims Settle-
ment Act (85 Stat. 688), which is recognized as eli-
gible for the special programs and services provided
by the United States to Indians because of their sta-
tus as Indians.
(3) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(4) The term ‘‘Office’’ means the Office of Spe-
cial Trustee for American Indians established by
section 102.
TITLE I—SPECIAL TRUSTEE FOR
AMERICAN INDIANS
SEC. 101. PURPOSES.
The purposes of this title are—
(1) to provide for more effective management
of, and accountability for the proper discharge of,
the Secretary’s trust responsibilities to Indian tribes
and individual Indians by establishing in the Depart-
ment of the Interior an Office of Special Trustee for
American Indians to oversee and coordinate reforms
within the Department of practices relating to the
management and discharge of such responsibilities;
(2) to ensure that reform of such practices in
the Department is carried out in a unified manner
and that reforms of the policies, practices, proce-
dures and systems of the Bureau of Indian Affairs,
Minerals Management Service, and Bureau of Land
Management, which carry out such trust responsibil-
ities, are effective, consistent, and integrated; and
(3) to ensure the implementation of all reforms
necessary for the proper discharge of the Secretary’s
trust responsibilities to Indian tribes and individual
Indians.
SEC. 102. OFFICE OF SPECIAL TRUSTEE FOR AMERICAN IN-
DIANS.
(a) ESTABLISHMENT.—There is hereby established
within the Department of the Interior the Office of Special
Trustee for American Indians. The Office shall be headed
by the Special Trustee who shall report directly to the Sec-
retary of the Interior.
(b) SPECIAL TRUSTEE.—
(1) APPOINTMENT.—The Special Trustee shall
be appointed by the President, by and with the ad-
vice and consent of the Senate, from among individ-
uals who possess demonstrated ability in general
management of large governmental or business enti-
ties and particular knowledge of trust fund manage-
ment, management of financial institutions, and the
investment of large sums of money.
(2) COMPENSATION.—The Special Trustee shall
be paid at a rate determined by the Secretary to be
appropriate for the position, but not less than the
rate of basic pay payable at Level II of the Execu-
tive Schedule under section 5313 of title 5, United
States Code.
(c) CONSULTATION.—It is expected that the Senate,
in offering its advice and consent, will consult with Indian
tribes and appropriate Indian organizations.
(d) TERMINATION OF OFFICE.—
(1) CONDITIONED UPON IMPLEMENTATION OF
REFORMS.—The Special Trustee, in proposing a ter-
mination date under section 103(b)(2)(C), shall en-
sure continuation of the Office until all reforms
identified in the strategic plan have been imple-
mented to the satisfaction of the Special Trustee.
(2) 30-DAY NOTICE.—Thirty days prior to the
termination date proposed in the plan submitted
under this section, the Special Trustee shall notify
and develops necessary systems, that will allow
it—
(i) properly to account for and invest,
as well as maximize, in a manner consist-
ent with the statutory restrictions imposed
on the Secretary’s investment options, the
return on the investment of all trust fund
monies, and
(ii) to prepare accurate and timely re-
ports to account holders (and others, as re-
quired) on a periodic basis regarding all
collections, 
disbursements, 
investments,
and return on investments related to their
accounts.
(C) OWNERSHIP AND LEASE DATA.—The
Special Trustee shall ensure that the Bureau of
Indian Affairs establishes policies and practices
to maintain complete, accurate, and timely data
regarding the ownership and lease of Indian
lands.
(3) BUREAU
OF
LAND
MANAGEMENT.—The
Special Trustee shall ensure that the Bureau of
Land Management establishes policies and practices
adequate to enforce compliance with Federal re-
quirements for drilling, production, accountability,
environmental protection, and safety with respect to
the lease of Indian lands.
(4) MINERALS
MANAGEMENT
SERVICE.—The
Special Trustee shall ensure that the Minerals Man-
agement Service establishes policies and practices to
enforce compliance by lessees of Indian lands with
all requirements for timely and accurate reporting of
production and payment of lease royalties and other
revenues, including the audit of leases to ensure that
lessees are accurately reporting production levels and
calculating royalty payments.
(c) COORDINATION OF POLICIES.—
(1) IN GENERAL.—The Special Trustee shall
ensure that—
(A) the policies, procedures, practices, and
systems of the Bureau of Indian Affairs, the
Bureau of Land Management, and the Minerals
Management Service related to the discharge of
the Secretary’s trust responsibilities are coordi-
nated, consistent, and integrated, and
(B) the Department prepares comprehen-
sive and coordinated written policies and proce-
dures for each phase of the trust management
business cycle.
(2) STANDARDIZED PROCEDURES.—The Special
Trustee shall ensure that the Bureau of Indian Af-
fairs imposes standardized trust fund accounting
procedures throughout the Bureau.
(3) INTEGRATION
OF
LEDGER
WITH
INVEST-
MENT SYSTEM.—The Special Trustee shall ensure
that the trust fund investment, general ledger, and
subsidiary accounting systems of the Bureau of In-
dian Affairs are integrated and that they are ade-
quate to support the trust fund investment needs of
the Bureau.
(4) INTEGRATION OF LAND RECORDS, TRUST
FUNDS ACCOUNTING, AND ASSET MANAGEMENT SYS-
TEMS AMONG AGENCIES.—The Special Trustee shall
ensure that—
(A) the land records system of the Bureau
of Indian Affairs interfaces with the trust fund
accounting system, and
(B) the asset management systems of the
Minerals Management Service and the Bureau
of Land Management interface with the appro-
priate asset management and accounting sys-
tems of the Bureau of Indian Affairs, including
ensuring that—
(i) the Minerals Management Service
establishes policies and procedures that
will allow it to properly collect, account for,
and disburse to the Bureau of Indian Af-
fairs all royalties and other revenues gen-
erated by production from leases on Indian
lands; and
(ii) the Bureau of Land Management
and the Bureau of Indian Affairs provide
Indian landholders with accurate and time-
ly reports on a periodic basis that cover all
transactions related to leases of Indian re-
sources.
(d) PROBLEM RESOLUTION.—The Special Trustee
shall provide such guidance as necessary to assist Depart-
ment personnel in identifying problems and options for re-
solving problems, and in implementing reforms to Depart-
ment, Bureau of Indian Affairs, Bureau of Land Manage-
ment, and Minerals Management Service policies, proce-
dures, systems and practices.
(e) SPECIAL TRUSTEE ACCESS.—The Special Trust-
ee, and his staff and agents, shall have access to all
records, reports, audits, reviews, documents, papers, rec-
ommendations, files and other material, as well as to any
officer and employee, of the Department and any office
or bureau thereof, as the Special Trustee deems necessary
for the accomplishment of his duties under this Act.
(f) ANNUAL REPORT.—The Special Trustee shall re-
port to the Secretary and the Committee on Natural Re-
sources of the House of Representatives and the Commit-
tee on Indian Affairs of the Senate each year on the
progress of the Department, the Bureau of Indian Affairs,
the Bureau of Land Management, and the Minerals Man-
agement Service in implementing the reforms identified in
the comprehensive strategic plan under subsection (a)(1)
and in meeting the timetable established in the strategic
plan under subsection (a)(2)(C).
SEC. 105. STAFF AND CONSULTANTS.
(a) STAFF.—The Special Trustee may employ such
staff as the Special Trustee deems necessary. The Special
Trustee may request staff assistance from within the De-
partment and any office or Bureau thereof as the Special
Trustee deems necessary.
(b) CONTRACTS.—To the extent and in such amounts
as may be provided in advance by appropriations Acts, the
Special Trustee may enter into contracts and other ar-
rangements with public agencies and with private persons
and organizations for consulting services and make such
payments as necessary to carry out the provisions of this
title.
SEC. 106. ADVISORY BOARD.
Notwithstanding any other law, the Special Trustee
shall establish an advisory board to provide advice on all
matters within the jurisdiction of the Special Trustee. The
advisory board shall consist of nine members, appointed
by the Special Trustee after consultation with Indian
tribes and appropriate Indian organizations, of which—
(1) five members shall represent trust fund ac-
count holders, including both tribal and Individual
Indian Money accounts;
(2) two members shall have practical experience
in trust fund or financial management;
(3) one member, from academia, shall have par-
ticular knowledge of trust fund management; and
(4) one member, from academia, shall have
knowledge of general management of large organiza-
tions.
Each member shall serve a term of two years. The Advi-
sory Board shall terminate upon termination of the Office
of Special Trustee.
TITLE II—INDIAN TRUST FUND
MANAGEMENT 
DEMONSTRA-
TION PROGRAM
SEC. 201. PURPOSE.
The purpose of this title is to allow tribes an oppor-
tunity to assess new approaches for the management of
tribal and individual Indian funds currently held in trust
by the United States and managed by the Secretary
through the Bureau, that, consistent with the trust re-
sponsibility of the United States and the principles of self-
determination, will—
(1) give Indian tribal governments and individ-
ual Indian account holders greater control over the
management of such trust funds; or
(2) otherwise demonstrate how the principles of
self-determination can work with respect to the man-
agement of such trust funds, in a manner consistent
with the trust responsibility of the United States.
SEC. 202. INDIAN TRIBE DEFINED.
For the purposes of this title, except for the purposes
of section 204, the terms ‘‘Indian tribe’’ and ‘‘tribe’’ mean
an Indian tribe or a consortia of Indian tribes.
SEC. 203. DEMONSTRATION PLANS.
(a) PLAN.—An Indian tribe may submit to the Sec-
retary a plan for the tribe to directly manage tribal funds
currently held in trust by the United States for such tribe,
and as of the date of the enactment of this Act, managed
by the Secretary through the Bureau, in a manner that
the tribe considers to be more responsive to its financial
needs. The implementation of the plan shall be subject to
supervision and oversight by the Secretary.
(b) SCOPE.—For the purposes of this section, the
term ‘‘manage’’ may include one or more of the functions
carried out, as of the date of the enactment of this Act,
by the Secretary through the Bureau with regard to trust
funds, such as collection, disbursement, and investment
functions.
SEC. 204. APPROVAL OF PLANS BY THE SECRETARY.
(a) IN GENERAL.—The Secretary shall approve with-
in 90 days of receipt a plan submitted under section 203
that meets the following conditions:
(1) Such plan has been approved by the appro-
priate Indian tribe, as follows:
(A) For a plan involving tribal trust funds,
such plan is accompanied by a resolution from
the tribal governing body approving the plan.
(B) For a plan submitted by an Indian
tribe (as defined in paragraphs (1) and (2) of
section 202), it is accompanied by a resolution
from the tribal governing body approving the
plan, along with a certification that the tribe
held no fewer than two public meetings to pro-
vide an opportunity for tribal members to com-
ment on the plan.
(2) The Secretary determines such plan to be
reasonable after considering all appropriate factors,
including (but not limited to) the following:
(A) The capability and experience of the
individuals or institutions that will be managing
the trust funds.
(B) The protection against substantial loss
of principal.
(C) The rate of return, except that the
plan need not produce the highest rate of re-
turn possible if the Indian tribe chooses to ac-
cept a lower rate in return for other benefits
such as the benefits from investing in local fi-
nancial institutions.
(D) The ability of the Secretary to effec-
tively monitor the demonstration, pursuant to
the trust responsibility of the United States as
specified in section 205.
(3) The duration of the plan may not exceed 5
years. At the end of that 5-year period, the tribe
may—
(A) elect to withdraw its funds from the
trust and terminate the trust relationship, in
accordance with section 208,
(B) return management of its funds to the
Secretary, or
(C) request renewal of its demonstration
plan for an additional five years.
(b) INVESTMENT IN EQUITIES OR OTHER FORMS OF
INVESTMENTS.—Nothing in this section shall prohibit an
Indian tribe submitting a plan for a demonstration under
this section from providing in such plan for the investment
of its trust funds in equities or other approved forms of
investments, if the Secretary determines that such plan
meets the standard of subsection (a)(2).
SEC. 205. FEDERAL TRUST RESPONSIBILITY FOR TRUST
FUND DEMONSTRATION PURPOSES.
(a) IN GENERAL.—If an Indian tribe assumes man-
agement of trust funds pursuant to a demonstration under
this title, the trust responsibility of the United States with
respect to such funds shall, for the duration of the dem-
onstration, be limited to the following:
(1) The exercise of reasonable care by the Sec-
retary in approving the plan for the demonstration.
(2) An annual audit provided by the Secretary,
directly or by contract, to determine that the tribe
is performing in conformance with such plan.
(3) If the Secretary finds, through such audits,
that the tribe is not in compliance with the terms of
the plan, the Secretary shall—
(A) terminate the demonstration; or
(B) prescribe remedial action to be taken
by the tribe to achieve compliance with the
plan.
(b) DECREASE IN INTEREST AND LOSS OF PRIN-
CIPAL.—If a plan for a demonstration submitted under
this title and approved by the Secretary provides for the
implementation of such demonstration by the Secretary,
the United States shall not be liable, during the period
of such demonstration, for any decrease in interest rate
or any loss of principal that is proximately caused by the
Secretary’s prudent implementation of such demonstra-
tion.
(c) AGREEMENT.—Prior to the implementation of
any demonstration under this title, the Indian tribe in-
volved shall sign a written statement indicating that it un-
derstands and accepts the limitations on the trust respon-
sibility of the United States as provided in this section.
SEC. 206. TECHNICAL AND FINANCIAL ASSISTANCE.
The Secretary shall, directly or by contract, provide
Indian tribes with technical and financial assistance in de-
veloping, implementing, and managing plans for dem-
onstrations under this title.
SEC. 207. NO INCOME TAX CONSEQUENCES.
Funds managed pursuant to a demonstration pro-
gram under this title, and distributions made from such
funds, shall, for purposes of the Internal Revenue Code
of 1986, be treated in the same manner as such funds
would be treated if such funds were managed directly by
the Secretary, through the Bureau.
SEC. 208. VOLUNTARY WITHDRAWAL FROM TRUST FUND
PROGRAM.
(a) IN GENERAL.—An Indian tribe may, in accord-
ance with this section, submit a plan to withdraw some
or all funds held in trust, including judgment fund ac-
counts, for such tribe by the United States and managed
by the Secretary through the Bureau.
(b) APPROVAL OF PLAN.—The Secretary shall ap-
prove a plan under this section that meets the require-
ments specified in section 204(a)(1) and subparagraphs
(A) and (B) of section 204(a)(2).
(c) TERMINATION OF TRUST RESPONSIBILITY.—Be-
ginning on the date funds are withdrawn pursuant to this
section, any trust responsibility of the United States with
respect to such funds shall terminate.
SEC. 209. REPORT TO CONGRESS.
The Secretary shall, beginning one year after the date
of the enactment of this Act, submit an annual report to
the House Committee on Natural Resources and the Sen-
ate Committee on Indian Affairs on the implementation
of demonstration programs under this title. Such report
shall include recommendations for changes necessary to
effectively implement the purpose of this title.
SEC. 210. SAVINGS PROVISION.
By submitting or approving a plan under this section,
neither the tribe nor the Secretary shall be deemed to have
accepted the account balance as accurate or to have
waived any rights regarding such balance and to seek com-
pensation.
TITLE III—MISCELLANEOUS
SEC. 301. INVESTMENT BY THE SECRETARY OF THE TREAS-
URY OF TRIBAL TRUST FUNDS.
Section 161a of title 25, United States Code, is
amended as follows:
(1) The current text of section 161a is des-
ignated as subsection (a).
(2) A new subsection (b) is added as follows:
‘‘(b)(1) At the election of each individual Indian tribe,
all of the funds, or a portion thereof, as designated by
the tribe, held in trust by the United States and carried
in principal accounts on the books of the United States
Treasury to the credit of the tribe may be invested by the
Secretary of the Interior—
‘‘(A) in accordance with the second subsection
(b) of section 162a of title 25, United States Code;
‘‘(B) in the ‘Common Stock Index Investment
Fund’ established under section 161b(f)(1) of title
25, United States Code; and
‘‘(C) in the ‘Fixed Income Investment Fund’ es-
tablished under section 161b(f)(2) of title 25, United
States Code.
‘‘(2) Twice a year, during time periods designated by
the Tribal Trust Funds Investment Board under section
161b(c)(1) of this title, a tribe may elect to invest in any
one or a combination of the investment options offered in
this subsection. If an election is not made, the Secretary
shall invest all sums held on account of the tribe in accord-
ance with subsection (a) of this section.
‘‘(3) Each tribe who elects to invest any of its funds
in the Common Stock Index Investment Fund or the Fixed
Income Investment Fund shall sign an acknowledgement
which states that the tribe understands that an investment
in either such Fund is made at the tribe’s risk, that the
tribe is not protected by the Government against any loss
on such investment, and that a return on such investment
is not guaranteed by the Government.
‘‘(4) A tribe who elects to invest any of its funds in
the Common Stock Index Investment Fund or the Fixed
Income Investment Fund may make withdrawals of those
funds only twice a year, during those time periods des-
ignated by the Tribal Trust Funds Investment Board for
election of investment options.
‘‘(5) Any management or other fees incurred by the
Secretary in investing amounts under this subsection shall
be paid from the proceeds of the investments.’’.
SEC. 302. TRIBAL TRUST FUND INVESTMENT BOARD.
Section 161b of title 25, United States Code, is redes-
ignated as section 161d, and new sections 161b and 161c
are included as follows:
‘‘SEC. 161b. TRIBAL TRUST FUND INVESTMENT BOARD.
‘‘(a) There is hereby established in the Department
of the Interior a Tribal Trust Fund Investment Board.
‘‘(b) The Board shall be composed of 5 members ap-
pointed by the Secretary of the Interior, after consultation
with Indian tribes and appropriate tribal organizations,
one of whom the Secretary shall designate as Chairman.
The Secretary shall not appoint as a member of the Board
any person who is currently a Federal employee. The Di-
rector of the Office of Trust Fund Management shall serve
as an ex-officio, nonvoting member of the Board.
‘‘(1) Members of the Board shall have substan-
tial practical experience, training, and expertise, in
the management of financial investments.
‘‘(2) A member of the Board shall be appointed
for a term of 4 years, except that of the members
first appointed—
‘‘(A) the Chairman shall be appointed for
a term of 4 years;
‘‘(B) three members, at the Secretary’s
discretion, shall be appointed for terms of 3
years; and
‘‘(C) the remaining two members shall be
appointed for terms of two years.
The term of any member shall not expire before the
date on which the member’s successor takes office.
‘‘(3) A vacancy on the Board shall be filled by
the Secretary; the individual chosen to fill the va-
cancy shall be appointed for the unexpired term of
the member replaced.
‘‘(c) The Board shall—
‘‘(1) establish policies for the investment and
management of all tribal trust funds, to provide for
prudent investments and low administrative costs,
including the designation of two periods of time per
calendar year during which tribes may elect invest-
ment options under section 161a(b)(2) of this title
and during which tribes may make withdrawals
under section 161a(b)(4);
‘‘(2) review the performance of all investments
of tribal trust funds; and
‘‘(3) review and approve the budget of the
Board.
‘‘(d) The members of the Board shall discharge their
responsibilities solely in the interest of tribal trust fund
accountholders, and are held to the same high degree of
fiduciary responsibility to the tribes as is the Secretary.
‘‘(e) The Board shall establish—
‘‘(1) a Common Stock Index Fund, by selecting
an index which is a commonly recognized index com-
prised of common stock the aggregate market value
of which is a reasonably complete representation of
the United States equity markets. The Common
Stock Index Investment Fund shall be invested in a
portfolio designed to replicate the performance of
the index selected. The portfolio shall be designed
such that, to the extent practicable, the percentage
of the Common Stock Index Investment Fund that
is invested in each stock is the same as the percent-
age determined by dividing the aggregate market
value of all shares of that stock by the aggregate
market value of all shares of all stocks included in
such index;
‘‘(2) a Fixed Income Investment Fund under
which sums are invested in—
‘‘(A) insurance contracts;
‘‘(B) certificates of deposit; or
‘‘(C) other instruments of obligations se-
lected by qualified professional asset managers,
which return the amount invested and pay interest
at a specified rate or rates, on that amount during
a specified period of time. For the purposes of this
section, the term ‘qualified professional asset man-
ager’ shall have the same meaning as provided in
section 8438(a)(7) of title 5, United States Code.
‘‘(f) The Board shall meet not less than once a
month, but at additional times at the call of the Chairman.
The Board shall perform the functions and exercise the
powers of the Board on a majority vote of a quorum of
the Board. Three members of the Board shall constitute
a quorum. A vacancy on the Board shall not impair the
authority of a quorum of the Board to perform.
‘‘(g) Each member of the Board who is not an officer
or employee of the Federal Government shall be com-
pensated at the daily rate of basic pay for level IV of the
Executive Schedule for each day during which such mem-
ber is engaged in performing a function of the Board. A
member of the Board shall be paid travel, per diem, and
other necessary expenses under subchapter I of chapter
57 of title 5, United States Code, while traveling away
from such member’s home or regular place of business in
the performance of the duties of the Board. The accrued
annual leave of any Federal employee who is a member
of the Board shall not be charged for any time used in
performing services for the Board.
‘‘SEC. 161c. ACCOUNTING AND INFORMATION.
‘‘(a) The Secretary of the Interior shall establish and
maintain an account for each tribe whose funds are held
in trust by the United States.
‘‘(b) The Director, Office of Trust Funds Manage-
ment, Bureau of Indian Affairs, shall allocate to each ac-
count an amount equal to a pro rata share of the net earn-
ings and net losses from each investment under section
161a of this title attributable to sums credited to such
account, reduced by an appropriate share of management
and other fees paid out of the net earnings from invest-
ments under subsection (b)(5) of section 161a of this title.
‘‘(c)(1) The Director, Office of Trust Funds Manage-
ment shall engage, annually, on behalf of all tribes for
whom an account is maintained, an independent qualified
accountant, who shall conduct an examination of all ac-
counts and other books and records maintained in the ad-
ministration of sections 161a, 161b, and 161c, as the pub-
lic accountant considers necessary to enable the public ac-
countant to make the determination required by para-
graph (2) of this subsection. The examination shall be con-
ducted in accordance with auditing standards established
by the Comptroller General of the United States, and shall
involve such tests of the accounts, books, and records as
the public accountant considers necessary.
‘‘(2) The public accountant conducting an examina-
tion under paragraph (1) of this subsection shall deter-
mine whether the accounts, books, and records referred
to in such paragraph have been maintained in conformity
with generally accepted accounting principles applied on
a basis consistent with the manner in which such prin-
ciples were applied during the examination conducted
under such paragraph during the preceding year. The pub-
lic accountant shall transmit to the Tribal Trust Funds
Investment Board, the Director, Office of Trust Funds
Management, Special Trustee, Secretary of the Interior,
and the Comptroller General of the United States a report
on his examination, including his determination under this
paragraph.
‘‘(3) In making a determination under paragraph (2)
of this subsection, a public accountant may rely on the
correctness of any actuarial matter certified by an enrolled
actuary if the public accountant states his reliance in the
report transmitted under such paragraph.
‘‘(4) For purposes of this subsection, the term ‘‘quali-
fied public accountant’’ shall have the same meaning as
provided in section 103(a)(3)(D) of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C.
1023(a)(3)(D)).
‘‘(d)(1) The Board shall prescribe regulations under
which each tribe for whom an account is maintained shall
be furnished with—
‘‘(A) a periodic statement relating to the tribe’s
account; and
‘‘(B) a summary description of the investment
options under section 161a of this title including an
evaluation of each such option covering the 5-year
period preceding the date as of which such evalua-
tion is made.
‘‘(2) Information under this subsection shall be pro-
vided at least 30 calendar days before the beginning of
each election period under section 161a(b)(2) of this title,
and in a manner designed to facilitate informed decision-
making with respect to such election.’’.
TITLE IV—MISCELLANEOUS
SEC. 401. RECONCILIATION REPORT.
The Secretary of the Interior shall transmit to the
Committee on Natural Resources of the House of Rep-
resentatives and the Committee on Indian Affairs of the
Senate, by September 30, 1995, a report identifying for
each tribal trust fund account for which the Secretary is
responsible a balance reconciled as of that date. The re-
port shall include—
(1) a description of the Secretary’s methodology
in reconciling trust fund accounts;
(2) attestations by each account holder that—
(A) the Secretary has provided the account
holder with a full and complete accounting of
the account holder’s funds to the earliest pos-
sible date, and that the account holder accepts
the balance as reconciled by the Secretary; or
(B) the account holder disputes the bal-
ance of the account holder’s account as rec-
onciled by the Secretary and statement explain-
ing why the account holder disputes the Sec-
retary’s reconciled balance;
(3) a statement by the Secretary with regard to
each account balance disputed by the account holder
outlining efforts the Secretary will undertake to re-
solve the dispute; and
(4) for each account that the Secretary is un-
able to reconcile as of September 30, 1995, a state-
ment explaining why the Secretary is unable to rec-
oncile the account and a statement of the Sec-
retary’s plans to negotiate a balance acceptable to
both the Secretary and the account holder.
SEC. 402. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as
may be necessary to carry out the provisions of this Act.
Æ
HR 4833 IH——2