[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 812 Enrolled Bill (ENR)]
H.R.812
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
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,

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(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:

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TITLE II

-INDIAN TRUST ASSET MANAGEMENT DEMONSTRATION PROJECT

Congress finds that--
(1) there exists a unique relationship between the Government
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;
(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 permanent, ongoing
performance of Federal trust duties; and
(5) the foregoing historic Federal-tribal relations and
understandings 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.

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TITLE I

-RECOGNITION OF TRUST RESPONSIBILITY

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 economic
development.

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This title may be cited as the ``Indian Trust Asset Management
Demonstration Project Act of 2016''.

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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 section 203(a).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.

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PARTICIPATING INDIAN TRIBES.
(a) In General.--The Secretary shall establish and carry out an
Indian trust asset management demonstration project, in accordance with
this title.
(b) Selection of Participating Indian Tribes.--
(1) In general.--An Indian tribe shall be eligible to
participate 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--
(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 application
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 determined
by the Secretary, in support of or authorizing the application;
(B) is received by the Secretary after the date of
enactment of this Act; and
(C) states that the Indian tribe is requesting to
participate 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.

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(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 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
superseded 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 determines 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 disapproved.
(B) Action by tribes.--If a proposed plan is disapproved
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 administrative
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 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 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 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).

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(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 Management 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
incorporated 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
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
Secretary 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 proposed
forest land management activity identified 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 subsection
(b)(2)(B)(ii).
(2) Indian self-determination and education assistance 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 accordance 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 subsection (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 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
transaction, or forest land management activities that allow
payments 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 regulations), 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 petition,
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 Secretary under this
subsection.
(2) Violations.--If the Secretary determines under paragraph
(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 responsibility
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 reassumption 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.

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(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 terminated
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.

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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.

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TITLE III

-IMPROVING EFFICIENCY AND STREAMLINING PROCESSES

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.
(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).

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(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 Secretary
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 Secretary;
(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 accordance
with section 12 of the Act of June 18, 1934 (25 U.S.C. 472).

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(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
collection, 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 nonmonetary 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 timeframes 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 submission
required by this section--
(1) shall cause the Office of the Special Trustee to terminate;
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).

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(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.
(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
effectuating the transaction for which the appraisal or valuation
is required.

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(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, function,
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
representatives of any other appropriate entities that advise the
Secretary 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 appropriated
to--
(1) the Secretary;
(2) the Office of Management and Budget;
(3) the Committee on Appropriations of the House of
Representatives;
(4) the Committee on Natural Resources of the House of
Representatives;
(5) the Committee on Appropriations of the Senate; and
(6) the Committee on Indian Affairs of the Senate.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Indian Trust Asset Reform Act — HR. 812

Other Sections

TITLE II

TITLE I

TITLE III

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