Sec. 201 Short title
This title may be cited as the “Indian Trust Asset Management Demonstration Project Act of 2013”.
Title II — Indian Trust Asset Management Demonstration Project Act
II Indian Trust Asset Management Demonstration Project Act
Sec. 202 Definitions
In this title:
Project— The term Project means the Indian trust asset management demonstration project established under section 103(a).
Indian tribe— The term Indian tribe means an Indian tribe that—
is federally recognized; and
submits an application under section 203(c).
Secretary— The term Secretary means the Secretary of the Interior.
Sec. 203 Establishment of demonstration project; selection of participating Indian tribes
In general— The Secretary shall establish and carry out an Indian trust asset management demonstration project, in accordance with this title.
Selection of participating Indian tribes—
Indian tribes—
In general— Any Indian tribe shall be eligible to participate in the Project if—
the Indian tribe submits to the Secretary an application under subsection (c); and
the Secretary approves the application of the Indian tribe.
Notice—
In general— The Secretary shall provide a written notice to each Indian tribe approved to participate in the Project.
Contents— A notice under subparagraph (A) shall include—
a statement that the application of the Indian tribe has been approved by the Secretary; and
a requirement that the Indian tribe shall submit to the Secretary a proposed Indian trust asset management plan in accordance with section 104.
Application—
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).
Requirements— The Secretary shall take into consideration an application under this subsection only if the application—
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;
is received by the Secretary after the date of enactment of this Act; and
states that the Indian tribe is requesting to participate in the Project.
Duration— The Project shall remain in effect for a period of 8 years after the date of enactment of this Act.
Sec. 204 Indian trust asset management plan
Proposed plan—
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).
Contents— A proposed Indian trust asset management plan shall include provisions that—
identify the trust assets that will be subject to the plan, including financial and nonfinancial trust assets;
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;
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;
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—
identify the functions or activities that are being performed by the Indian tribe under the contracts or compacts; and
describe the proposed management systems, practices, and procedures that the Indian tribe will follow;
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;
include a process for the Indian tribe and the Federal agencies affected by the trust asset management plan to conduct annual evaluations to ensure that trust assets are being managed in accordance with the plan; and
identify any Federal regulations that will be superseded by the plan.
Authority of Indian tribes to develop systems, practices, and procedures— For purposes of preparing and carrying out a management plan under this section, an Indian tribe that has compacted or contracted activities or functions under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), for purposes of carrying out the activities or functions, may develop and carry out trust asset management systems, practices, and procedures that differ from any such systems, practices, and procedures used by the Secretary in managing the trust assets if the systems, practices, and procedures of the Indian tribe meet the requirements of the laws, standards, and responsibilities described in subsection (c).
Technical assistance and information— The Secretary shall provide to an Indian tribe any technical assistance and information, including budgetary information, that the Indian tribe determines to be necessary for preparation of a proposed plan on receipt of a written request from the Indian tribe.
Approval and disapproval of proposed plans—
Approval—
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.
Requirements for disapproval— The Secretary shall approve a proposed plan unless the Secretary determines that—
the proposed plan fails to address a requirement under subsection (a)(2);
the proposed plan includes one or more provisions that are inconsistent with subsection (c); or
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.
Action on disapproval—
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.
Action by tribes— If a proposed plan is disapproved under paragraph (1)(B), the Indian tribe may resubmit an amended proposed plan not later than 90 days after the date on which the Indian tribe receives the notice under subparagraph (A).
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.
Judicial review— An Indian tribe may seek judicial review of the determination of the Secretary 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—
the Secretary disapproves the proposed plan of the Indian tribe under paragraph (1) or (3); and
the Indian tribe has exhausted any other administrative remedy available to the Indian tribe.
Applicable laws; standards; trust responsibility—
Applicable laws— 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—
all Federal treaties, statutes, Executive orders, and court decisions that are applicable to the trust assets, or the management of the trust assets, identified in the plan; and
all tribal laws that are applicable to the trust assets, or the management of trust assets, identified in the plan, except to the extent that the laws are inconsistent with the treaties, statutes, Executive orders, and court decisions referred to in subparagraph (A).
Standards— Subject to the laws referred to in paragraph (1)(A), an Indian trust asset management plan shall not be approved unless the Secretary determines that the plan will—
protect trust assets from loss, waste, and unlawful alienation;
promote the interests of the beneficial owner of the trust asset;
conform, to the maximum extent practicable, to the preferred use of the trust asset by the beneficial owner, unless the use is inconsistent with a treaty, statute, regulation, Executive order, or court decision referred to in paragraph (1)(A);
protect any applicable treaty-based fishing, hunting and gathering, and similar rights relating to the use, access, or enjoyment of a trust asset; and
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.
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.
Termination of plan—
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 notice of the intent of the Indian tribe to terminate the plan; and
a resolution of the governing body of the Indian tribe authorizing the termination of the plan.
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 Effect of title
Liability— Nothing in this title, or a 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.
Effect on other laws— Except for any regulation superseded by a trust asset management plan approved 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 applicable to Indian trust assets or the management or administration of Indian trust assets.
Trust responsibility— Nothing in this title diminishes or otherwise affects the trust responsibility of the United States to Indian tribes and individual Indians.