(B) promote the interests of the beneficial 
owner of the trust asset; 
(C) conform, to the maximum extent prac-
ticable, to the preferred use of the trust asset 
by the beneficial owner, unless the use is incon-
sistent with a treaty, statute, regulation, Execu-
tive order, or court decision referred to in para-
graph (1)(A); 
(D) protect any applicable treaty-based 
fishing, hunting and gathering, and similar 
rights relating to the use, access, or enjoyment 
of a trust asset; and 
(E) require that any activity carried out 
under the plan be carried out in good faith and 
with loyalty to the beneficial owner of the trust 
asset. 
(3) TRUST RESPONSIBILITY.—An Indian trust 
asset management plan shall not be approved unless 
the Secretary determines that the plan is consistent 
with the trust responsibility of the United States to 
the Indian tribe and individual Indians. 
(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 
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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. EFFECT OF TITLE. 
(a) LIABILITY.—Nothing in this title, or a trust asset 
management plan approved under section 204, shall inde-
pendently diminish, increase, create, or otherwise affect 
the liability of the United States or an Indian tribe partici-
pating in the Project for any loss resulting from the man-
agement of an Indian trust asset under an Indian trust 
asset management plan. 
(b) EFFECT ON OTHER LAWS.—Except for any regu-
lation superseded by a trust asset management plan ap-
proved under section 204, nothing in this title amends or 
otherwise affects the application of any treaty, statute, 
regulation, Executive order, or court decision that is appli-
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cable to Indian trust assets or the management or admin-
istration of Indian trust assets. 
(c) TRUST RESPONSIBILITY.—Nothing in this title 
diminishes or otherwise affects the trust responsibility of 
the United States to Indian tribes and individual Indians. 
TITLE III—RESTRUCTURING BU-
REAU 
OF 
INDIAN 
AFFAIRS 
AND 
OFFICE 
OF 
SPECIAL 
TRUSTEE 
SEC. 301. PURPOSE. 
The purpose of this title is to ensure a more effective 
and accountable administration of duties of the Secretary 
of the Interior with respect to providing services and pro-
grams to Indians and Indian tribes, including the manage-
ment of Indian trust resources. 
SEC. 302. DEFINITIONS. 
In this title: 
(1) BUREAU.—The term ‘‘Bureau’’ means the 
Bureau of Indian Affairs. 
(2) OFFICE.—The term ‘‘Office’’ means the Of-
fice of Trust Reform Implementation and Oversight 
referred to in section 303(c). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
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(4) UNDER
SECRETARY.—The term ‘‘Under 
Secretary’’ means the individual appointed to the po-
sition of Under Secretary for Indian Affairs, estab-
lished by section 303(a). 
SEC. 303. UNDER SECRETARY FOR INDIAN AFFAIRS. 
(a) ESTABLISHMENT OF POSITION.—There is estab-
lished in the Department of the Interior the position of 
Under Secretary for Indian Affairs, who shall report di-
rectly to the Secretary. 
(b) APPOINTMENT.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Under Secretary shall be appointed 
by the President, by and with the advice and consent 
of the Senate. 
(2) EXCEPTION.—The officer serving as the As-
sistant Secretary for Indian Affairs on the date of 
enactment of this Act may assume the position of 
Under Secretary without appointment under para-
graph (1) if— 
(A) the officer was appointed as Assistant 
Secretary for Indian Affairs by the President by 
and with the advice and consent of the Senate; 
and 
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(B) not later than 180 days after the date 
of enactment of this Act, the Secretary ap-
proves the assumption. 
(c) DUTIES.—In addition to the duties transferred to 
the Under Secretary under sections 304 and 305, the 
Under Secretary, acting through an Office of Trust Re-
form Implementation and Oversight, shall— 
(1) carry out any activity relating to trust fund 
accounts and trust resource management of the Bu-
reau (except any activity carried out under the Of-
fice of the Special Trustee for American Indians be-
fore the date on which the Office of the Special 
Trustee is abolished), in accordance with the Amer-
ican Indian Trust Fund Management Reform Act of 
1994 (25 U.S.C. 4001 et seq.); 
(2) develop and maintain an inventory of Indian 
trust assets and resources; 
(3) coordinate with the Special Trustee for 
American Indians to ensure an orderly transition of 
the functions of the Special Trustee under section 
305; 
(4) supervise any activity carried out by the De-
partment of the Interior, including but not limited 
to— 
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(A) to the extent that the activities relate 
to Indian affairs, activities carried out by— 
(i) the Commissioner of Reclamation; 
(ii) the Director of the Bureau of 
Land Management; 
(iii) the Director of the Office of Nat-
ural Resources Revenue; 
(iv) the Director of the National Park 
Service; and 
(v) the Director of the U.S. Fish and 
Wildlife Service; and 
(B) intergovernmental relations between 
the Bureau and Indian tribal governments; 
(5) to the maximum extent practicable, coordi-
nate activities and policies of the Bureau with activi-
ties and policies of— 
(A) the Bureau of Reclamation; 
(B) the Bureau of Land Management; 
(C) the Office of Natural Resources Rev-
enue; 
(D) the National Park Service; and 
(E) the U.S. Fish and Wildlife Service; 
(6) provide for regular consultation with Indi-
ans and Indian tribes that own interests in trust re-
sources and trust fund accounts; 
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