Indian Trust Asset Reform Act
PL 114-178 (H.R.812), enacted 06/22/2016

130 STAT. 432 
PUBLIC LAW 114–178—JUNE 22, 2016 
Public Law 114–178 
114th Congress 
An Act 
To provide for Indian trust asset management reform, and for other purposes. 
Be it enacted by the Senate and House of Representatives 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. Findings. 
Sec. 102. Reaffirmation of policy. 
TITLE II—INDIAN TRUST ASSET MANAGEMENT DEMONSTRATION 
PROJECT 
Sec. 201. Short title. 
Sec. 202. Definitions. 
Sec. 203. Establishment of demonstration project; selection of participating Indian 
Tribes. 
Sec. 204. Indian trust asset management plan. 
Sec. 205. Forest land management and surface leasing activities. 
Sec. 206. Effect of title. 
TITLE III—IMPROVING EFFICIENCY AND STREAMLINING PROCESSES 
Sec. 301. Purpose. 
Sec. 302. Definitions. 
Sec. 303. Under Secretary for Indian Affairs. 
Sec. 304. Office of Special Trustee for American Indians. 
Sec. 305. Appraisals and valuations. 
Sec. 306. Cost savings. 
TITLE I—RECOGNITION OF TRUST 
RESPONSIBILITY 
SEC. 101. FINDINGS. 
Congress finds that— 
(1) there exists a unique relationship between the Govern-
ment of the United States and the governments of Indian 
tribes; 
(2) there exists a unique Federal responsibility to Indians; 
(3) through treaties, statutes, and historical relations with 
Indian tribes, the United States has undertaken a unique trust 
responsibility to protect and support Indian tribes and Indians; 
25 USC 5601. 
25 USC 5601 
note. 
Indian Trust 
Asset Reform 
Act. 
June 22, 2016 
[H.R. 812] 
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130 STAT. 433 
PUBLIC LAW 114–178—JUNE 22, 2016 
(4) the fiduciary responsibilities of the United States to 
Indians also are founded in part on specific commitments made 
through written treaties and agreements securing peace, in 
exchange for which Indians have surrendered claims to vast 
tracts of land, which provided legal consideration for perma-
nent, ongoing performance of Federal trust duties; and 
(5) the foregoing historic Federal-tribal relations and under-
standings have benefitted the people of the United States as 
a whole for centuries and have established enduring and 
enforceable Federal obligations to which the national honor 
has been committed. 
SEC. 102. REAFFIRMATION OF POLICY. 
Pursuant to the constitutionally vested authority of Congress 
over Indian affairs, Congress reaffirms that the responsibility of 
the United States to Indian tribes includes a duty to promote 
tribal self-determination regarding governmental authority and eco-
nomic development. 
TITLE II—INDIAN TRUST ASSET MAN-
AGEMENT DEMONSTRATION PROJECT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Indian Trust Asset Management 
Demonstration Project Act of 2016’’. 
SEC. 202. DEFINITIONS. 
In this title: 
(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning 
given the term in the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450b). 
(2) PROJECT.—The term ‘‘Project’’ means the Indian trust 
asset management demonstration project established under sec-
tion 203(a). 
(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 demonstration project, in accord-
ance with this title. 
(b) SELECTION OF PARTICIPATING INDIAN TRIBES.— 
(1) IN GENERAL.—An Indian tribe shall be eligible to partici-
pate in the project if— 
(A) the Indian tribe submits to the Secretary an 
application under subsection (c); and 
(B) the Secretary approves the application of the Indian 
tribe. 
(2) NOTICE.— 
(A) IN GENERAL.—The Secretary shall provide a written 
notice to each Indian tribe approved to participate in the 
project. 
(B) CONTENTS.—A notice under subparagraph (A) shall 
include— 
25 USC 5612. 
25 USC 5611. 
Indian Trust 
Asset 
Management 
Demonstration 
Project Act 
of 2016. 
25 USC 5601 
note. 
25 USC 5602. 
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130 STAT. 434 
PUBLIC LAW 114–178—JUNE 22, 2016 
(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 proposed 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 applica-
tion in accordance with paragraph (2). 
(2) REQUIREMENTS.—The Secretary shall consider 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 Indian tribe, as deter-
mined by the Secretary, in support of or authorizing the 
application; 
(B) is received by the Secretary after the date of enact-
ment of this Act; and 
(C) states that the Indian tribe is requesting to partici-
pate in the project. 
(d) DURATION.—The project— 
(1) shall remain in effect for a period of 10 years after 
the date of enactment of this Act; but 
(2) may be extended at the discretion of the Secretary. 
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 submit 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 objectives and 
priorities for Indian trust assets that are located within 
the reservation, or otherwise subject to the jurisdiction, 
of the Indian tribe; 
(C) allocate trust asset management funding 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 Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450 et seq.) 
relating to the management of trust assets— 
(i) identify the functions or activities that are being 
or will be performed by the Indian tribe under the 
contracts, compacts, or other agreements under that 
Act, which may include any of the surface leasing 
or forest land management activities authorized by 
the proposed plan pursuant to section 205(b); and 
(ii) describe the practices and procedures that the 
Indian tribe will follow; 
(E) establish procedures for nonbinding mediation or 
resolution of any dispute between the Indian tribe and 
Procedures. 
25 USC 5613. 
Records. 
Plan. 
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130 STAT. 435 
PUBLIC LAW 114–178—JUNE 22, 2016 
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 
(G) identify any Federal regulations that will be super-
seded by the plan. 
(3) TECHNICAL ASSISTANCE AND INFORMATION.—On receipt 
of a written request from an Indian tribe, the Secretary shall 
provide to the Indian tribe any technical assistance and 
information, including budgetary information, that the Indian 
tribe determines to be necessary for preparation of a proposed 
plan. 
(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 management 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 deter-
mines that— 
(i) the proposed plan fails to address a requirement 
under subsection (a)(2); 
(ii) the proposed plan includes 1 or more provisions 
that are inconsistent with subsection (c); or 
(iii) the cost of implementing the proposed plan 
exceeds the amount of funding available for the 
management of trust assets 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 dis-
approved. 
(B) ACTION
BY
TRIBES.—If a proposed plan is dis-
approved under paragraph (1)(B), the Indian tribe may 
resubmit an amended proposed plan by 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 proposed 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 a determination of the Secretary under this subsection 
in accordance with subchapter II of chapter 5, and chapter 
7, of title 5, United States Code (commonly known as the 
‘‘Administrative Procedure Act’’), if— 
(A) the Secretary disapproves the proposed plan of 
the Indian tribe under paragraph (1); and 
(B) the Indian tribe has exhausted all other adminis-
trative remedies available to the Indian tribe. 
(c) APPLICABLE LAWS.—Subject to section 205, an Indian trust 
asset management plan, and any activity carried out under the 
plan, shall not be approved unless the proposed plan is consistent 
Deadline. 
Determination. 
Deadline. 
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130 STAT. 436 
PUBLIC LAW 114–178—JUNE 22, 2016 
with any treaties, statutes, and Executive orders that are applicable 
to the trust assets, or the management of the trust assets, identified 
in the plan. 
(d) TERMINATION OF PLAN.— 
(1) IN GENERAL.—An Indian tribe may terminate 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 termi-
nate 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 Indian 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. FOREST LAND MANAGEMENT AND SURFACE LEASING ACTIVI-
TIES. 
(a) DEFINITIONS.—In this section: 
(1) FOREST LAND MANAGEMENT ACTIVITY.—The term ‘‘forest 
land management activity’’ means any activity described in 
section 304(4) of the National Indian Forest Resources Manage-
ment Act (25 U.S.C. 3103(4)). 
(2) INTERESTED PARTY.—The term ‘‘interested party’’ means 
an Indian or non-Indian individual, entity, or government the 
interests of which could be adversely affected by a tribal trust 
land leasing decision made by an applicable Indian tribe. 
(3) SURFACE
LEASING
TRANSACTION.—The term ‘‘surface 
leasing transaction’’ means a residential, business, agricultural, 
or wind or solar resource lease of land the title to which 
is held— 
(A) in trust by the United States for the benefit of 
an Indian tribe; or 
(B) in fee by an Indian tribe, subject to restrictions 
against alienation under Federal law. 
(b) APPROVAL BY SECRETARY.—The Secretary may approve an 
Indian trust asset management plan that includes a provision 
authorizing the Indian tribe to enter into, approve, and carry out 
a surface leasing transaction or forest land management activity 
without approval of the Secretary, regardless of whether the surface 
leasing transaction or forest land management activity would 
require such an approval under otherwise applicable law (including 
regulations), if— 
(1) the resolution or other action of the governing body 
of the Indian tribe referred to in section 203(c)(2)(A) expressly 
authorizes the inclusion of the provision in the Indian trust 
asset management plan; and 
(2) the Indian tribe has adopted regulations expressly incor-
porated by reference into the Indian trust asset management 
plan that— 
(A) 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)); or 
(ii) have not yet been approved by the Secretary 
in accordance with clause (i), but that the Secretary 
25 USC 5614. 
Notice. 
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130 STAT. 437 
PUBLIC LAW 114–178—JUNE 22, 2016 
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 
(B) with respect to forest land management activities, 
the Secretary determines— 
(i) are consistent with the regulations of the Sec-
retary 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— 
(I) the identification and evaluation of any 
significant effects of the proposed action on the 
environment; and 
(II) a process consistent with the regulations 
referred to in clause (i) for ensuring that— 
(aa) the public is informed of, and has 
a reasonable opportunity to comment on, any 
significant environmental impacts of the pro-
posed forest land management activity identi-
fied by the Indian tribe; and 
(bb) the Indian tribe provides responses 
to relevant and substantive public comments 
on any such impacts before the Indian tribe 
approves the forest land management activity. 
(c) TYPES OF TRANSACTIONS.— 
(1) IN
GENERAL.—At the discretion of the Indian tribe, 
an Indian trust asset management plan may authorize the 
Indian tribe to carry out a surface leasing transaction, a forest 
land management activity, or both. 
(2) SELECTION OF SPECIFIC TRANSACTIONS AND ACTIVITIES.— 
At the discretion of the Indian tribe, the Indian tribe may 
include in the integrated resource management plan any 1 
or more of the transactions and activities authorized to be 
included in the plan under subsection (b). 
(d) TECHNICAL ASSISTANCE.— 
(1) IN
GENERAL.—The Secretary may provide technical 
assistance, on request of an Indian tribe, for development of 
a regulatory environmental review process required under sub-
section (b)(2)(B)(ii). 
(2) INDIAN
SELF-DETERMINATION
AND
EDUCATION
ASSIST-
ANCE
ACT.—The technical assistance to be provided by the 
Secretary pursuant to paragraph (1) may be made available 
through contracts, grants, or agreements entered into in accord-
ance with, and made available to entities eligible for, contracts, 
grants, or agreements under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et seq.). 
(e) FEDERAL ENVIRONMENTAL REVIEW.—Notwithstanding sub-
section (b), if an Indian tribe carries out a project or activity 
funded by a Federal agency, the Indian tribe shall have the 
authority to rely on the environmental review process of the 
applicable Federal agency, rather than any tribal environmental 
review process under this section. 
(f) DOCUMENTATION.—If an Indian tribe executes a surface 
leasing transaction or forest land management activity, pursuant 
Review. 
Determination. 
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130 STAT. 438 
PUBLIC LAW 114–178—JUNE 22, 2016 
to tribal regulations under subsection (b)(2), the Indian tribe shall 
provide to the Secretary 
(1) a copy of the surface leasing transaction or forest land 
management activity documents, including any amendments 
to, or renewals of, the applicable transaction; and 
(2) in the case of tribal regulations, a surface leasing trans-
action, or forest land management activities that allow pay-
ments 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 
subsection (g). 
(g) TRUST RESPONSIBILITY.— 
(1) IN GENERAL.—The United States shall not be liable 
for losses sustained— 
(A) by an Indian tribe as a result of the execution 
of any forest land management activity pursuant to tribal 
regulations under subsection (b); or 
(B) by any party to a lease executed pursuant to tribal 
regulations under subsection (b). 
(2) AUTHORITY OF SECRETARY.—Pursuant to the authority 
of the Secretary to fulfill the trust obligation of the United 
States to Indian tribes under Federal law (including regula-
tions), the Secretary may, on reasonable notice from the 
applicable Indian tribe and at the discretion of the Secretary, 
enforce the provisions of, or cancel, any lease executed by 
the Indian tribe under this section. 
(h) COMPLIANCE.— 
(1) IN GENERAL.—An interested party, after exhausting any 
applicable tribal remedies, may submit to the Secretary a peti-
tion, at such time and in such form as the Secretary determines 
to be appropriate, to review the compliance of an applicable 
Indian tribe with any tribal regulations approved by the Sec-
retary under this subsection. 
(2) VIOLATIONS.—If the Secretary determines under para-
graph (1) that a violation of tribal regulations has occurred, 
the Secretary may take any action the Secretary determines 
to be necessary to remedy the violation, including rescinding 
the approval of the tribal regulations and reassuming responsi-
bility for the approval of leases of tribal trust land. 
(3) DOCUMENTATION.—If the Secretary determines under 
paragraph (1) that a violation of tribal regulations has occurred 
and a remedy is necessary, the Secretary shall— 
(A) make a written determination with respect to the 
regulations that have been violated; 
(B) provide to the applicable Indian tribe a written 
notice of the alleged violation, together with the written 
determination; and 
(C) prior to the exercise of any remedy, the rescission 
of the approval of the regulation involved, or the reassump-
tion of the trust asset transaction approval responsibilities, 
provide to the applicable Indian tribe— 
(i) a hearing on the record; and 
(ii) a reasonable opportunity to cure the alleged 
violation. 
Notice. 
Determination. 
Determination. 
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130 STAT. 439 
PUBLIC LAW 114–178—JUNE 22, 2016 
SEC. 206. EFFECT OF TITLE. 
(a) LIABILITY.—Subject to section 205 and this section, nothing 
in this title or an Indian trust asset management plan approved 
under section 204 shall independently diminish, increase, create, 
or otherwise affect the liability of the United States or an Indian 
tribe participating in the project for any loss resulting from the 
management of an Indian trust asset under an Indian trust asset 
management plan. 
(b) DEVIATION FROM STANDARD PRACTICES.—The United States 
shall not be liable to any party (including any Indian tribe) for 
any term of, or any loss resulting from the terms of, an Indian 
trust asset management plan that provides for management of 
a trust asset at a less-stringent standard than the Secretary would 
otherwise require or adhere to in absence of an Indian trust asset 
management plan. 
(c) EFFECT OF TERMINATION OF PLAN.—Subsection (b) applies 
to losses resulting from a transaction or activity described in that 
subsection even if the Indian trust asset management plan is termi-
nated under section 204(d) or rescinded under section 205(h). 
(d) EFFECT ON OTHER LAWS.— 
(1) IN GENERAL.—Except as provided in sections 204 and 
205 and subsection (e), nothing in this title amends or otherwise 
affects the application of any treaty, statute, regulation, or 
Executive order that is applicable to Indian trust assets or 
the management or administration of Indian trust assets. 
(2) INDIAN SELF-DETERMINATION ACT.—Nothing in this title 
limits or otherwise affects the authority of an Indian tribe, 
including an Indian tribe participating in the project, to enter 
into and carry out a contract, compact, or other agreement 
under the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450 et seq.) (including regulations). 
(e) SEPARATE APPROVAL.—An Indian tribe may submit to the 
Secretary tribal regulations described in section 205(b) governing 
forest land management activities for review and approval under 
this title if the Indian tribe does not submit or intend to submit 
an Indian trust asset management plan. 
(f) TRUST RESPONSIBILITY.—Nothing in this title enhances, 
diminishes, or otherwise affects the trust responsibility of the 
United States to Indian tribes or individual Indians. 
TITLE III—IMPROVING EFFICIENCY 
AND STREAMLINING PROCESSES 
SEC. 301. PURPOSE. 
The purpose of this title is to ensure a more efficient and 
streamlined administration of duties of the Secretary of the Interior 
with respect to providing services and programs to Indians and 
Indian tribes, including the management of Indian trust resources. 
SEC. 302. DEFINITIONS. 
In this title: 
(1) BIA.—The term ‘‘BIA’’ means the Bureau of Indian 
Affairs. 
(2) DEPARTMENT.—The term ‘‘Department’’ means the 
Department of the Interior. 
25 USC 5632. 
25 USC 5631. 
Applicability. 
25 USC 5614. 
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130 STAT. 440 
PUBLIC LAW 114–178—JUNE 22, 2016 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(4) UNDER SECRETARY.—The term ‘‘Under Secretary’’ means 
the Under Secretary for Indian Affairs established under section 
303(a). 
SEC. 303. UNDER SECRETARY FOR INDIAN AFFAIRS. 
(a) ESTABLISHMENT OF POSITION.—Notwithstanding any other 
provision of law, the Secretary may establish in the Department 
the position of Under Secretary for Indian Affairs, who shall report 
directly to the Secretary. 
(b) APPOINTMENT.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
Under Secretary shall be appointed by the President, by and 
with the advice and consent of the Senate. 
(2) EXCEPTION.—The individual serving as the Assistant 
Secretary for Indian Affairs on the date of enactment of this 
Act may assume the position of Under Secretary without 
appointment under paragraph (1), if— 
(A) that individual was appointed as Assistant Sec-
retary for Indian Affairs by the President, by and with 
the advice and consent of the Senate; and 
(B) not later than 180 days after the date of enactment 
of this Act, the Secretary approves the assumption. 
(c) DUTIES.—In addition to any other duties directed by the 
Secretary, the Under Secretary shall— 
(1) coordinate with the Special Trustee for American 
Indians to ensure an orderly transition of the functions of 
the Special Trustee to one or more appropriate agencies, offices, 
or bureaus within the Department, as determined by the Sec-
retary; 
(2) to the maximum extent practicable, supervise and 
coordinate activities and policies of the BIA with activities 
and policies of— 
(A) the Bureau of Reclamation; 
(B) the Bureau of Land Management; 
(C) the Office of Natural Resources Revenue; 
(D) the National Park Service; and 
(E) the United States Fish and Wildlife Service; and 
(3) provide for regular consultation with Indians and Indian 
tribes that own interests in trust resources and trust fund 
accounts. 
(d) PERSONNEL PROVISIONS.— 
(1) APPOINTMENTS.—The Under Secretary may appoint and 
fix the compensation of such officers and employees as the 
Under Secretary determines to be necessary to carry out any 
function transferred under this section. 
(2) REQUIREMENTS.—Except as otherwise provided by law— 
(A) any officer or employee described in paragraph 
(1) shall be appointed in accordance with the civil service 
laws; 
(B) the compensation of such an officer or employee 
shall be fixed in accordance with title 5, United States 
Code; and 
(C) in appointing or otherwise hiring any employee, 
the Under Secretary shall give preference to Indians in 
Deadline. 
President. 
25 USC 5633. 
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130 STAT. 441 
PUBLIC LAW 114–178—JUNE 22, 2016 
accordance with section 12 of the Act of June 18, 1934 
(25 U.S.C. 472). 
SEC. 304. OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS. 
(a) INFORMATION TO CONGRESS.—Notwithstanding sections 302 
and 303 of the American Indian Trust Fund Management Reform 
Act of 1994 (25 U.S.C. 4042 and 4043), not later than 1 year 
after the date of enactment of this Act, the Secretary shall prepare 
and, after consultation with Indian tribes and appropriate Indian 
organizations, submit to the Committee on Natural Resources of 
the House of Representatives, the Committee on Indian Affairs 
of the Senate, and the Committees on Appropriations of the House 
of Representatives and the Senate— 
(1) an identification of all functions, other than the collec-
tion, management, and investment of Indian trust funds, that 
the Office of the Special Trustee performs independently or 
in concert with the BIA or other Federal agencies, specifically 
those functions that affect or relate to management of nonmone-
tary trust resources; 
(2) a description of any functions of the Office of the Special 
Trustee that will be transitioned to other bureaus or agencies 
within the Department prior to the termination date of the 
Office, as described in paragraph (3), together with the time-
frames for those transfers; and 
(3) a transition plan and timetable for the termination 
of the Office of the Special Trustee, to occur not later than 
2 years after the date of submission, unless the Secretary 
determines than an orderly transition cannot be accomplished 
within 2 years, in which case the Secretary shall include— 
(A) a statement of all reasons why the transition cannot 
be effected within that time; and 
(B) an alternative date for completing the transition. 
(b) FIDUCIARY TRUST OFFICERS.—Subject to applicable law and 
regulations, the Secretary, at the request of an Indian tribe or 
a consortium of Indian tribes, shall include fiduciary trust officers 
in a contract, compact, or other agreement under the Indian Self- 
Determination and Education Assistance Act (25 U.S.C. 450 et 
seq.). 
(c) EFFECT OF SECTION.—Nothing in this section or the submis-
sion required by this section— 
(1) shall cause the Office of the Special Trustee to termi-
nate; or 
(2) affect the application of sections 302 and 303 of the 
American Indian Trust Fund Management Reform Act of 1994 
(25 U.S.C. 4042 and 4043). 
SEC. 305. APPRAISALS AND VALUATIONS. 
(a) IN GENERAL.—Notwithstanding section 304, not later than 
18 months after the date of enactment of this Act, the Secretary, 
in consultation with Indian tribes and tribal organizations, shall 
ensure that appraisals and valuations of Indian trust property 
are administered by a single bureau, agency, or other administrative 
entity within the Department. 
(b) MINIMUM QUALIFICATIONS.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall establish 
and publish in the Federal Register minimum qualifications for 
individuals to prepare appraisals and valuations of Indian trust 
property. 
Federal Register, 
publication. 
Deadlines. 
Trust property. 
25 USC 5635. 
Consultation. 
Contracts. 
Plan. 
Deadline. 
Determination. 
Deadline. 
Consultation. 
25 USC 5634. 
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130 STAT. 442 
PUBLIC LAW 114–178—JUNE 22, 2016 
(c) SECRETARIAL APPROVAL.—In any case in which an Indian 
tribe or Indian beneficiary submits to the Secretary an appraisal 
or valuation that satisfies the minimum qualifications described 
in subsection (b), and that submission acknowledges the intent 
of the Indian tribe or beneficiary to have the appraisal or valuation 
considered under this section, the appraisal or valuation— 
(1) shall not require any additional review or approval 
by the Secretary; and 
(2) shall be considered to be final for purposes of effec-
tuating the transaction for which the appraisal or valuation 
is required. 
SEC. 306. COST SAVINGS. 
(a) IN GENERAL.—For any program, function, service, or activity 
(or any portion of a program, function, service, or activity) of the 
Office of the Special Trustee that will not be operated or carried 
out as a result of a transfer of functions and personnel following 
enactment of this Act, the Secretary shall— 
(1) identify the amounts that the Secretary would otherwise 
have expended to operate or carry out each program, function, 
service, and activity (or portion of a program, function, service, 
or activity); and 
(2) provide to the tribal representatives of the Tribal- 
Interior Budget Council or the representative of any other 
appropriate entity that advises the Secretary on Indian program 
budget or funding issues a list that describes— 
(A) the programs, functions, services, and activities 
(or any portion of a program, function, service, or activity) 
identified under paragraph (1); and 
(B) the amounts associated with each program, func-
tion, service, and activity (or portion of a program, function, 
service, or activity). 
(b) TRIBAL RECOMMENDATIONS.—Not later than 90 days after 
the date of receipt of a list under subsection (a)(2), the tribal 
representatives of the Tribal-Interior Budget Council and the rep-
resentatives of any other appropriate entities that advise the Sec-
retary on Indian program budget or funding issues may provide 
recommendations regarding how any amounts or cost savings should 
be reallocated, incorporated into future budget requests, or appro-
priated to— 
(1) the Secretary; 
(2) the Office of Management and Budget; 
(3) the Committee on Appropriations of the House of Rep-
resentatives; 
(4) the Committee on Natural Resources of the House of 
Representatives; 
Deadline. 
List. 
25 USC 5636. 
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130 STAT. 443 
PUBLIC LAW 114–178—JUNE 22, 2016 
LEGISLATIVE HISTORY—H.R. 812 (S. 383): 
HOUSE REPORTS: No. 114–432 (Comm. on Natural Resources). 
SENATE REPORTS: No. 114–207 (Comm. on Indian Affairs) accompanying S. 383. 
CONGRESSIONAL RECORD, Vol. 162 (2016): 
Feb. 24, considered and passed House. 
June 10, considered and passed Senate. 
(5) the Committee on Appropriations of the Senate; and 
(6) the Committee on Indian Affairs of the Senate. 
Approved June 22, 2016. 
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