American Indian Trust Fund Management Reform Act of 1994
PL 103-412 (H.R.4833), enacted 10/25/1994

PUBLIC LAW 103-412—OCT. 25, 1994 
108 STAT. 4239 
Public Law 103-412 
103d Congress 
An Act 
Oct. 25, 1994 
To reform the management of Indian Trust Funds, and for other purposes. 
[H.R. 4833] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
American 
Indian Trust 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
Fund 
(a) SHORT TiTLE.—This Act may be cited as the "American ^Sa^dtlt 
Indian Trust Fund Management Reform Act of 1994". 
1994. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
25 use 400i 
is as follows: 
^°^-
Sec. 1. Short title; table of contents. 
* 
Sec. 2. Definitions. 
TITLE I—RECOGNITION OF TRUST RESPONSIBILITY 
Sec. 101. Affirmative action required. 
Sec. 102. Responsibility of Secretary to account for the daily and annual balances 
-
of Indian trust funds. 
Sec. 103. Payment of interest on individual Indian money accounts. 
Sec. 104. Authority for payment of claims for interest owed. 
TITLE II—INDIAN TRUST FUND MANAGEMENT PROGRAM 
" 
Sec. 201. Purpose. 
Sec. 202. Voluntary withdrawal from trust funds program. 
Sec. 203. Judgment fiinds. 
Sec. 204. Technical assistance. 
-
Sec. 205. Grant program. 
Sec. 206. Return of withdrawn funds. 
Sec. 207. Savings provision. 
Sec. 208. Report to Congress. 
Sec. 209. Regulations. 
TITLE III—SPECIAL TRUSTEE FOR AMERICAN INDIANS 
\ 
Sec. 301. Purposes. 
Sec. 302. Office of Special Trustee for American Indians. 
Sec. 303. Authorities and functions of the Special Trustee. 
* 
Sec. 304. Reconciliation report. 
Sec. 305. Staff and consultants. 
Sec. 306. Advisory board. 
TITLE IV—AUTHORIZATION OF APPROPRIATIONS 
Sec. 401. Authorization of appropriations. 
SEC. 2. DEFINITIONS. 
25 USC 4001. 
For the purposes of this Act: 
(1) The term "Special Trustee" means the Special Trustee 
for American Indians appointed under section 302. 
(2) The term "Indian tribe" means any Indian tribe, band, 
nation, or other organized group or community, including any 
Alaska Native village or regional or village corporation as 
defined in or established pursuant to the Alaska Native Claims 
108 STAT. 4240 
PUBLIC LAW 103-412—OCT. 25, 1994 
Settlement Act (85 Stat. 688), which is recognized as eligible 
for the special programs and services provided by the United 
States to Indians because of their status as Indians. 
(3) The term "Secretary" means the Secretary of the 
Interior. 
(4) The term "Office" means the Office of Special Trustee 
for American Indians established by section 302. 
(5) The term "Bureau" means the Bureau of Indian Affairs 
within the Department of the Interior. 
(6) The term "Department" means the Department of the 
Interior. 
TITLE I—RECOGNITION OF TRUST 
RESPONSIBILITY 
SEC. 101. AFFIRMATIVE ACTION REQUIRED. 
The first section of the Act of June 24, 1938 (25 U.S.C. 162a), 
is amended by adding at the end the following new subsection: 
"(d) The Secretary's proper discharge of the trust responsibil-
ities of the United States shall include (but are not limited to) 
the following: 
"(1) Providing adequate systems for accounting for and 
reporting trust fund balances. 
"(2) Providing adequate controls over receipts and disburse-
ments. 
"(3) Providing periodic, timely reconciliations to assure the 
accuracy of accounts. 
"(4) Determining accurate cash balances. 
"(5) Preparing and supplying account holders with periodic 
statements of their account performance and with balances 
of their account which shall be available on a daily basis. 
"(6) Establishing consistent, written policies and procedures 
for trust fund management and accounting. 
"(7) Providing adequate staffing, supervision, and training 
for trust fund management and accounting. 
"(8) Appropriately managing the natural resources located 
within the boundaries of Indian reservations and trust lands.". 
25 use 4011. 
SEC. 102. RESPONSIBILITY OF SECRETARY TO ACCOUNT FOR THE 
DAILY AND ANNUAL BALANCES OF INDIAN TRUST FUNDS. 
(a) REQUIREMENT TO ACCOUNT.—The Secretary shall account 
for the daily and annual balance of all funds held in trust by 
the United States for the benefit of an Indian tribe or an individual 
Indian which are deposited or invested pursuant to the Act of 
June 24, 1938 (25 U.S.C. 162a). 
(b) PERIODIC STATEMENT OF PERFORMANCE.—Not later than 
20 business days after the close of a calendar quarter, the Secretary 
shall provide a statement of performance to each Indian tribe and 
individual with respect to whom funds are deposited or invested 
pursuant to the Act of June 24, 1938 (25 U.S.C. 162a). The state-
ment, for the period concerned, shall identify— 
(1) the source, tjrpe, and status of the funds; 
(2) the beginning balance; 
(3) the gains and losses; 
(4) receipts and disbursements; and 
(5) the ending balsm^ce. 
PUBLIC LAW 103-412—OCT. 25, 1994 
108 STAT. 4241 
(c) ANNUAL AUDIT.—The Secretary shall cause to be conducted 
an annual audit on a fiscal year basis of all funds held in trust 
by the United States for the benefit of an Indian tribe or an 
individual Indian which are deposited or invested pursuant to the 
Act of June 24, 1938 (25 U.S.C. 162a), and shall include a letter 
relating to the audit in the first statement of performance provided 
under subsection (b) after the completion of the audit. 
SEC. 103. PAYMENT OF INTEREST ON INDIVTOUAL INDIAN MONEY 
ACCOUNTS. 
(a) PAYMENT OF INTEREST.—The first section of the Act of 
February 12, 1929 (25 U.S.C. 161a), is amended— 
(1) by striking out 'That all" and inserting in lieu thereof 
'That (a) all"; and 
(2) by adding after subsection (a) (as designated by para-
graph (1) of this subsection) the following: 
"(b) All funds held in trust by the United States and carried 
in principal accounts on the books of the United States Treasury 
to the credit of individual Indians shall be invested by the Secretary 
« 
of the Treasury, at the request of the Secretary of the Interior, 
in public debt securities with maturities suitable to the needs 
of the fund involved, as determined by the Secretary of the Interior, 
and bearing interest at rates determined by the Secretary of the 
Treasury, taking into consideration current market yields on 
outstanding marketable obligations of the United States of com-
parable securities.". 
(b) WITHDRAWAL AUTHORITY.—^The second sentence of sub-
section (a) of the first section of the Act of June 24, 1938 (25 
U.S.C. 162a), is amended by inserting "to withdraw from the United . 
States Treasury and" after "prescribe,". 
(c) TECHNICAL CORRECTION.—The second subsection (b) of the 
first section of the Act of June 24, 1938 (25 U.S.C. 162a), as 
added by section 302 of Pubhc Law 101-644 (104 Stat. 4667), 
is hereby redesignated as subsection (c). 
(d) EFFECTIVE DATE.—The amendment made by subsection (a) 
25 use I6la 
shall apply to interest earned on amounts deposited or invested 
on or after the date of the enactment of this Act. 
note. 
SEC. 104. AUTHORITY FOR PAYMENT OF CLAIMS FOR INTEREST 
25 USC 4012. 
OWED. 
The Secretary shall make payments to an individual Indian 
in full satisfaction of any claim of such individual for interest 
on amounts deposited or invested on behalf of such individual 
before the date of enactment of this Act retroactive to the date 
that the Secretary began investing individual Indian monies on 
a regular basis, to the extent that the claim is identified— 
(1) by a reconciliation process of individual Indian money 
accounts, or 
(2) by the individual and presented to the Secretary with 
supporting documentation, and is verified by the Secretary 
pursuant 
to 
the 
Department's 
policy 
for 
addressing 
accountholder losses. 
108 STAT. 4242 
PUBLIC LAW 103-412—OCT. 25, 1994 
TITLE II—INDIAN TRUST FUND 
MANAGEMENT PROGRAM 
25 u s e 4021. 
SEC. 201. PURPOSE. 
The purpose of this title is to allow tribes an oppori;unity 
to manage tribal funds currently held in trust by the United States 
and managed by the Secretary through the Bureau, that, consistent 
with the trust responsibility of the United States and the principles 
of self-determination, will— 
(1) give Indian tribal governments greater control over 
the management of such trust funds; or 
(2) otherwise demonstrate how the principles of self-deter-
mination can work with respect to the management of such 
trust funds, in a manner consistent with the trust responsibility 
of the United States. 
25 u s e 4022. 
SEC. 202. VOLUNTARY WITHDRAWAL FROM TRUST FUNDS PROGRAM. 
(a) IN GENERAL.—^An Indian tribe may, in accordance with 
this section, submit a plan to withdraw some or all funds held 
in trust for such tribe by the United States and managed by 
the Secretary through the Bureau. 
(b) APPROVAL OF PLAN.—^The Secretary shall approve such plan 
within 90 days of receipt and when approving the plan, the Sec-
retary shall obtain the advice of the Special Trustee or prior to 
the appointment of such Special Trustee, the Director of the Office 
of Trust Fund Management within the Bureau. Such plan shall 
meet the following conditions: 
(1) Such plan has been approved by the appropriate Indian 
tribe and is accompanied by a resolution from the tribal govern-
ing body approving 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) DISSOLUTION OF TRUST RESPONSIBILITY.—Beginning on the 
date funds are withdrawn pursuant to this section, any trust respon-
sibility or liability of the United States with respect to such funds 
shall cease except as provided for in section 207 of this title. 
25 u s e 4023. 
SEC. 203. JUDGMENT FUNDS. 
(a) IN GENERAL.—^The Secretary is authorized to approve plans 
under section 202 of this title for the withdrawal of judgment 
funds held by the Secretary. 
(b) LIMITATION.—Only such funds held by the Secretary under 
the terms of the Indian Judgment Funds Use or Distribution Act 
(25 U.S.C. 1401) or an Act of Congress which provides for the 
secretarial management of such judgment funds shall be included 
in such plans. 
(c) SECRETARIAL DUTIES.—In approving such plans, the Sec-
retary shall ensure— 
(1) that the purpose and use of the judgment funds identi-
fied in the previously approved judgment fund plan will con-
tinue to be followed by the Indian tribe in the management 
of the judgment funds; and 
PUBLIC LAW 103-412—OCT. 25, 1994 
108 STAT. 4243 
(2) that only funds held for Indian tribes may be withdrawn 
and that any funds held for individual tribal members are 
not to be included in the plan. 
SEC. 204. TECHNICAL ASSISTANCE. 
25 USC 4024. 
The Secretary shall— 
(1) directly or by contract, provide Indian tribes with tech-
nical assistance in developing, implementing, and managing 
Indian trust fund investment plans; and 
(2) among other things, ensure that legal, financial, and 
other expertise of the Department of the Interior has been 
made fully available in an advisory capacity to the Indian 
tribes to assist in the development, implementation, and 
management of investment plans. 
SEC. 205. GRANT PROGRAM. 
25 USC 4025. 
(a) GENERAL AUTHORITY.—^The Secretary is authorized to award 
grants to Indian tribes for the purpose of developing and implement-
ing plans for the investment of Indian tribal trust funds. 
(b) USE OF FUNDS.—^The purposes for which funds provided 
under this section may be used include (but are not limited to)— 
(1) the training and education of employees responsible 
for monitoring the investment of trust funds; 
(2) the building of tribal capacity for the investment and 
management of trust funds; 
(3) the development of a comprehensive tribal investment 
plan; 
(4) the implementation and management of tribal trust 
fund investment plans; and 
(5) such other purposes related to this title that the Sec-
retary deems appropriate. 
SEC. 206. RETURN OF WITHDRAWN FUNDS. 
25 USC 4026. 
Subject to such conditions as the Secretary may prescribe, 
any Indian tribe which has withdrawn trust funds may choose 
to return any or all of the trust funds such tribe has withdrawn 
by notifying the Secretary in writing of its intention to return 
the funds to the control and management of the Secretary. 
SEC. 207. SAVINGS PROVISION. 
25 USC 4027. 
By submitting or approving a plan under this title, 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 compensation. 
SEC. 208. REPORT TO CONGRESS. 
25 USC 4028. 
The Secretary shall, beginning one year after the date of the 
enactment of this Act, submit an annual report to the Committee 
on Natural Resources of the House of Representatives and the 
Committee on Indian Affairs of the Senate on the implementation 
of programs under this title. Such report shall include recommenda-
tions (if any) for changes necessary to better implement the purpose 
of this title. 
SEC. 209. REGULATIONS. 
25 USC 4029. 
(a) IN GENERAL.—Not later than 12 months after the date 
of enactment of this title, the Secretary shall promulgate final 
regulations for the implementation of this title. All regulations 
promulgated pursuant to this title shall be developed by the Sec-
108 STAT. 4244 
PUBLIC LAW 103-412—OCT. 25, 1994 
retary with the full and active participation of the Indian tribes 
with trust funds held by the Secretary and other affected Indian 
tribes. 
(b) EFFECT.—^The lack of promulgated regulations shall not 
limit the effect of this title. 
TITLE III—SPECIAL TRUSTEE FOR 
AMERICAN INDIANS 
26 use 4041. 
SEC. 301. 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 Department 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 Depart-
ment is carried out in a unified manner and that reforms 
of the policies, practices, procedures and systems of the Bureau, 
Minerals Management Service, and Bureau of Land Manage-
ment, which carry out such trust responsibilities, 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. 
25 use 4042. 
SEC. 302. OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS. 
(a) ESTABLISHMENT.—There is hereby established within the 
Department of the Interior the Office of Special Trustee for Amer-
ican Indians. The Office shall be headed by the Special Trustee 
who shall report directly to the Secretary, 
(b) SPECL\L TRUSTEE.— 
President. 
(1) APPOINTMENT.—The Special Trustee shall be appointed 
by the President, by and with the advice and consent of the 
Senate, from among individuals who possess demonstrated abil-
ity in general management of large governmental or business 
entities and particular knowledge of trust fund management, 
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 Executive Schedule under section 5313 of title 
5, United States Code. 
(c) TERMINATION OF OFFICE.— 
(1) CONDITIONED UPON IMPLEMENTATION OF REFORMS.— 
The Special Trustee, in proposing a termination date under 
section 303(a)(2)(C), shall ensure continuation of the Office 
until all reforms identified in the strategic plan have been 
implemented 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 the Secretary and the Congress 
in writing of the progress in implementing the reforms identi-
PUBLIC LAW 103-412—OCT. 25, 1994 
108 STAT. 4245 
fled in the plan. The Special Trustee, at that time, may rec-
ommend the continuation, or the permanent establishment, 
of the Office if the Special Trustee concludes that continuation 
or permanent establishment is necessary for the efficient dis-
charge of the Secretary's trust responsibilities. 
(3) TERMINATION DATE.—The Office shall terminate 180 
legislative days after the date on which the notice to the Con-
gress under paragraph (2) is provided, unless the Congress 
extends the authorities of the Special Trustee. For the purposes 
of this section, a legislative day is a day on which either 
House of the Congress is in session. 
SEC. 303. AUTHORITIES AND FUNCTIONS OF THE SPECIAL TRUSTEE. 
25 USC 4043. 
(a) COMPREHENSIVE STRATEGIC PLAN.— 
(1) IN GENERAL.—^The Special Trustee shall prepare and, 
after consultation with Indian tribes and appropriate Indian 
organizations, submit to the Secretary and the Committee on 
Natural Resources of the House of Representatives and the 
Committee on Indian Affairs of the Senate, within one year 
after the initial appointment is made under section 302(b), 
a comprehensive strategic plan for all phases of the trust 
management business cycle that will ensure proper and efficient 
discharge of the Secretary's trust responsibilities to Indian 
tribes and individual Indians in compliance with this Act. 
(2) PLAN REQUIREMENTS.—^The plan prepared under para-
graph (1) shall include the following: 
(A) Identification of all reforms to the policies, proce-
dures, practices and systems of the Department, the 
Bureau, the Bureau of Land Management, and the Min-
erals Management Service necessary to ensure the proper 
and efficient discharge of the Secretary's trust responsibil-
ities in compliance with this Act. 
(B) Provisions for opportunities for Indian tribes to 
assist in the management of their trust accounts and to 
identify for the Secretary options for the investment of 
their trust accounts, in a manner consistent with the trust 
responsibilities of the Secretary, in ways that will help 
promote economic development in their communities. 
(C) A timetable for implementing the reforms identified 
in the plan, including a date for the proposed termination 
of the Office. 
(b) DUTIES.— 
(1) GENERAL OVERSIGHT OF REFORM EFFORTS.—The Special 
Trustee shall oversee all reform efforts within the Bureau, 
the Bureau of Land Management, and the Minerals Manage-
ment Service relating to the trust responsibilities of the Sec-
retary to ensure the establishment of policies, procedures, sys-
tems and practices to allow the Secretary to discharge his 
trust responsibilities in compliance with this Act. 
(2) BUREAU OF INDIAN AFFAIRS.— 
(A) MONITOR RECONCILIATION OF TRUST ACCOUNTS.— 
The Special Trustee shall monitor the reconciliation of 
tribal and Individual Indian Money trust accounts to 
ensure that the Bureau provides the account holders, with 
a fair and accurate accounting of all trust accounts. 
(B) INVESTMENTS.—The Special Trustee shall ensure 
that the Bureau establishes appropriate policies and proce-
108 STAT. 4246 
PUBLIC LAW 103-412—OCT. 25, 1994 
dures, and develops necessary systems, that will allow 
it— 
(i) properly to account for and invest, as well as 
maximize, in a manner consistent 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 reports to 
account holders (and others, as required) on a periodic 
basis regarding all collections, disbursements, invest-
ments, and return on investments related to their 
accounts. 
(C) OWNERSHIP AND LEASE DATA.—The Special Trustee 
shall ensure that the Bureau establishes policies and prac-
tices 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 Fed-
eral requirements 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 Management Service establishes 
policies and practices to enforce compliance by lessees of Indian 
lands with all requirements for timely 2ind accurate reporting 
of production and payment of lease royalties and other reve-
nues, including the audit of leases to ensure that lessees are 
accurately reporting production levels and calculating royalty 
pa3rments. 
(c) COORDINATION OF POLICIES.— 
(1) IN GENERAL.—^The Special Trustee shall ensure that— 
(A) the policies, procedures, practices, and systems of 
the Bureau, the Bureau of Land Management, and the 
Minerals Management Service related to the discharge of 
the Secretary's trust responsibilities are coordinated, 
consistent, and integrated, and 
(B) the Department prepares comprehensive and 
coordinated written policies and p cedures for each phase 
of the trust management business /cle. 
(2) STANDARDIZED PROCEDURES.—The Special Trustee shall 
ensure that the Bureau imposes standardized trust fund 
accounting procedures throughout the Bureau. 
(3) INTEGRATION OF LEDGER WITH INVESTMENT SYSTEM.— 
The Special Trustee shall ensure that the trust fund invest-
ment, general ledger, and subsidiary accounting systems of 
the Bureau are integrated and that they are adequate to sup-
port the trust fund investment needs of the Bureau. 
(4) INTEGRATION OF LAND RECORDS, TRUST FUNDS ACCOUNT-
ING, AND ASSET MANAGEMENT SYSTEMS AMONG AGENCIES.—The 
Special Trustee shall ensure that— 
(A) the land records system of the Bureau 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 appropriate asset management and 
PUBLIC LAW 103-412—OCT. 25, 1994 
108 STAT. 4247 
accounting systems of the Bureau, 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 all 
royalties and other revenues generated by production 
from leases on Indian lands; and 
(ii) the Bureau of Land Management and the 
Bureau provide Indian landholders with accurate and 
timely reports on a periodic basis that cover all trans-
actions related to leases of Indian resources. 
(5) TRUST MANAGEMENT PROGRAM BUDGET.— 
(A) 
DEVELOPMENT AND 
SUBMISSION.—The 
Special 
Trustee shall develop for each fiscal year, with the advice 
of program managers of each office within the Bureau 
of Indian Affairs, Bureau of Land Management and Min-
erals Management Service that participates in trust 
management, including the management of trust funds 
or natural resources, or which is charged with any respon-
sibility under the comprehensive strategic plan prepared 
under subsection (a) of this section, a consolidated Trust 
Management program budget proposal that would enable 
the Secretary to efficiently and effectively discharge his 
trust responsibilities and to implement the comprehensive 
strategic plan, and shall submit such budget proposal to 
the Secretary, the Director of the Office of Management 
and Budget, and to the Congress. 
(B) DUTY OF CERTAIN PROGRAM MANAGERS.—Each pro-
gram manager participating in trust management or 
charged with responsibilities under the comprehensive 
strategic plans shall transmit his office's budget request 
to the Special Trustee at the same time as such request 
is submitted to his superiors (and before submission to 
the Office of Management and Budget) in the preparation 
of the budget of the President submitted to the Congress 
under section 1105(a) of title 31, United States Code. 
(C) 
CERTIFICATION 
OF 
ADEQUACY 
OF 
BUDGET 
REQUEST.—The Special Trustee shall— 
(i) review each budget request submitted under 
subparagraph (B); 
(ii) certify in writing as to the adequacy of such 
request to discharge, effectively and efficiently, the 
Secretary's trust responsibilities and to implement the 
comprehensive strategic plan; and 
(iii) notify the program manager of the Special 
Trustee's certification under clause (ii). 
(D) MAINTENANCE OF RECORDS.—The Special Trustee 
shall maintain records of certifications made under para-
graph (3)(B). 
(E) LIMITATION ON REPROGRAMMING OR TRANSFER.— 
No program manager shall submit, and no official of the 
Department of the Interior may approve or otherwise 
authorize, a reprogramming or transfer request with 
respect to any funds appropriated for trust management 
which is included in the Trust Management Program 
Budget unless such request has been approved by the 
Special Trustee. 
108 STAT. 4248 
PUBLIC LAW 103-412—OCT. 25, 1994 
(d) PROBLEM RESOLUTION.—The Special Trustee shall provide 
such guidance as necessary to assist Department personnel in 
identifying problems and options for resolving problems, and in 
implementing reforms to Department, Bureau, Bureau of Land 
Management, and Minerals Management Service policies, proce-
dures, systems and practices. 
(e) SPECIAL TRUSTEE ACCESS.—The Special Trustee, and his 
staff, shall have access to all records, reports, audits, reviews, 
documents, papers, recommendations, 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 report to the 
Secretary and the Committee on Natural Resources of the House 
of Representatives and the Committee on Indian Affairs of the 
Senate each year on the progress of the Department, the Bureau, 
the Bureau of Land Management, and the Minerals Management 
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). 
25 use 4044. 
SEC. 304. RECONCILIATION REPORT. 
The Secretary shall transmit to the Committee on Natural 
Resources of the House of Representatives and the Committee on 
Indian Affairs of the Senate, by May 31, 1996, a report identifying 
for each tribal trust fund account for which the Secretary is respon-
sible a balance reconciled as of September 30, 1995. In carrying 
out this section, the Secretary shall consult with the Special 
Trustee. The report shall include— 
(1) a description of the Secretary's methodology in reconcil-
ing trust fund accounts; 
(2) attestations by each account holder that— 
(A) the Secretary has provided the account holder with 
as full and complete accounting as possible of the account 
holder's funds to the earliest possible date, and that the 
account holder accepts the balance as reconciled by the 
Secretary; or 
(B) the account holder disputes the balance of the 
account holder's account as reconciled by the Secretary 
and statement explaining why the account holder disputes 
' the Secretary's reconciled balance; and 
(3) a statement by the Secretary with regard to each 
account balance disputed by the account holder outlining efforts 
the Secretary will undert£ike to resolve the dispute. 
25 use 4045. 
SEC. 305. STAFF AND CONSXH^TANTS. 
(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 Department 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 arrangements with public agen-
cies and with private persons and organizations for consulting serv-
ices and make such payments as necessary to carry out the 
provisions of this title. 
PUBLIC LAW 103-412—OCT. 25, 1994 
108 STAT. 4249 
SEC. 306. ADVISORY BOARD. 
25 USC 4046. 
(a) ESTABLISHMENT AND MEMBERSHIP.—Notwithstanding any 
other provision of law, the Special Trustee shall establish an 
advisory board to provide advice on all matters within the jurisdic-
tion 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 account holders, 
including both tribal and Individual Indian Money accounts; 
(2) two members shall have practical experience in trust 
fund and financial management; 
(3) one member shall have practical experience in fiduciary 
investment management; and 
(4) one member, from academia, shall have knowledge of 
general management of large organizations. 
(b) TERM.—Each member shall serve a term of two years. 
(c) FACA.—^The advisory board shall not be subject to the 
Federal Advisory Committee Act. 
(d) TERMINATION.—^The Advisory Board shall terminate upon 
termination of the Office of Special Trustee. 
TITLE IV—AUTHORIZATION OF 
APPROPRIATIONS 
SEC. 401. AUTHORIZATION OF APPROPRIATIONS. 
25 USC 4061. 
There is authorized to be appropriated such sums as may 
be necessary to carry out the provisions of this Act. 
Approved October 25, 1994. 
LEGISLATIVE HISTORY—H.R. 4833: 
HOUSE REPORTS: No. 103-778 (Comm. on Natural Resources). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
Oct. 3, considered and passed House. 
Oct. 7, considered and passed Senate.