Title III — Restructuring Bureau of Indian Affairs and Office of Special Trustee

H.R. 409 · 113th Congress · Jan 23, 2013 · Lineage

III Restructuring Bureau of Indian Affairs and Office of Special Trustee

Sec. 301 Purpose

The purpose of this title is to ensure a more effective and accountable administration of duties of the Secretary of the Interior with respect to providing services and programs to Indians and Indian tribes, including the management of Indian trust resources.

Sec. 302 Definitions

In this title:

(1)

Bureau— The term Bureau means the Bureau of Indian Affairs.

(2)

Office— The term Office means the Office of Trust Reform Implementation and Oversight referred to in section 303(c).

(3)

Secretary— The term Secretary means the Secretary of the Interior.

(4)

Under secretary— The term Under Secretary means the individual appointed to the position of Under Secretary for Indian Affairs, established by section 303(a).

Sec. 303 Under Secretary for Indian Affairs

(a)

Establishment of position— There is established in the Department of the Interior 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 officer 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)

the officer 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 the duties transferred to the Under Secretary under sections 304 and 305, the Under Secretary, acting through an Office of Trust Reform Implementation and Oversight, shall—

(1)

carry out any activity relating to trust fund accounts and trust resource management of the Bureau (except any activity carried out under the Office of the Special Trustee for American Indians before the date on which the Office of the Special Trustee is abolished), in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.);

(2)

develop and maintain an inventory of Indian trust assets and resources;

(3)

coordinate with the Special Trustee for American Indians to ensure an orderly transition of the functions of the Special Trustee under section 305;

(4)

supervise any activity carried out by the Department of the Interior, including but not limited to—

(A)

to the extent that the activities relate to Indian affairs, activities carried out by—

(i)

the Commissioner of Reclamation;

(ii)

the Director of the Bureau of Land Management;

(iii)

the Director of the Office of Natural Resources Revenue;

(iv)

the Director of the National Park Service; and

(v)

the Director of the U.S. Fish and Wildlife Service; and

(B)

intergovernmental relations between the Bureau and Indian tribal governments;

(5)

to the maximum extent practicable, coordinate activities and policies of the Bureau 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 U.S. Fish and Wildlife Service;

(6)

provide for regular consultation with Indians and Indian tribes that own interests in trust resources and trust fund accounts;

(7)

manage and administer Indian trust resources in accordance with any applicable Federal law;

(8)

take steps to protect the security of data relating to individual Indian and Indian tribal trust accounts; and

(9)

take any other measure the Under Secretary determines to be necessary with respect to Indian affairs.

Sec. 304 Transfer of functions of Assistant Secretary for Indian Affairs

(a)

Transfer of functions— There is transferred to the Under Secretary any function of the Assistant Secretary for Indian Affairs that has not been carried out by the Assistant Secretary as of the date of enactment of this Act.

(b)

Determinations of certain functions by the office of management and budget— If necessary, the Office of Management and Budget shall make any determination relating to the functions transferred under subsection (a).

(c)

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)

an officer or employee described in paragraph (1) shall be appointed in accordance with the civil service laws; and

(B)

the compensation of the officer or employee shall be fixed in accordance with title 5, United States Code.

(d)

Delegation and assignment—

(1)

In general— Except as otherwise expressly prohibited by law or otherwise provided by this section, the Under Secretary may—

(A)

delegate any of the functions transferred to the Under Secretary by this section and any function transferred or granted to the Under Secretary after the date of enactment of this Act to such officers and employees of the Office as the Under Secretary may designate; and

(B)

authorize successive redelegations of such functions as the Under Secretary determines to be necessary or appropriate.

(2)

Delegation— No delegation of functions by the Under Secretary under this section shall relieve the Under Secretary of responsibility for the administration of the functions.

(e)

Reorganization— The Under Secretary may allocate or reallocate any function transferred under this section among the officers of the Office, and establish, consolidate, alter, or discontinue such organizational entities in the Office, as the Under Secretary determines to be necessary or appropriate.

(f)

Rules— The Under Secretary may prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as the Under Secretary determines to be necessary or appropriate to administer and manage the functions of the Office.

(g)

Transfer and allocations of appropriations and personnel—

(1)

In general— Except as otherwise provided in this section, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with, the functions transferred by this section, subject to section 1531 of title 31, United States Code, shall be transferred to the Office.

(2)

Unexpended funds— Unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated.

(h)

Incidental transfers—

(1)

In general— The Director of the Office of Management and Budget, at any time the Director may provide, may make such determinations as are necessary with regard to the functions transferred by this section, and make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as are necessary, to carry out this section.

(2)

Termination of affairs— The Director of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this section and for any further measures and dispositions as are necessary to effectuate the purposes of this section.

(i)

Effect on personnel—

(1)

In general— Except as otherwise provided by this section, the transfer pursuant to this section of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for a period of at least 1 year after the date of transfer of the employee under this section.

(2)

Executive schedule positions— Except as otherwise provided in this section, any person who, on the day preceding the date of enactment of this Act, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed to a position in the Office having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in the new position at not less than the rate provided for the previous position, for the duration of the service of the person in the new position.

(3)

Termination of certain positions— Positions whose incumbents are appointed by the President, by and with the advice and consent of the Senate, the functions of which are transferred by this title, shall terminate on the date of enactment of this Act.

(j)

Separability— If a provision of this section or the application of this section to any person or circumstance is held invalid, neither the remainder of this section nor the application of the provision to other persons or circumstances shall be affected.

(k)

Transition— The Under Secretary may use—

(1)

the services of the officers, employees, and other personnel of the Assistant Secretary for Indian Affairs relating to functions transferred to the Office by this section; and

(2)

funds appropriated to the functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this section.

(l)

References— Any reference in a Federal law, Executive order, rule, regulation, delegation of authority, or document relating to the Assistant Secretary for Indian Affairs, with respect to functions transferred under this section, shall be deemed to be a reference to the Under Secretary.

(m)

Recommended legislation— Not later than 180 days after the effective date of this title, the Under Secretary, in consultation with the appropriate committees of Congress and the Director of the Office of Management and Budget, shall submit to Congress any recommendations relating to additional technical and conforming amendments to Federal law to reflect the changes made by this section.

(n)

Effect of section—

(1)

Continuing effect of legal documents— Any legal document relating to a function transferred by this section that is in effect on the date of enactment of this Act shall continue in effect in accordance with the terms of the document until the document is modified or terminated by—

(A)

the President;

(B)

the Under Secretary;

(C)

a court of competent jurisdiction; or

(D)

operation of Federal or State law.

(2)

Proceedings not affected— This section shall not affect any proceeding (including a notice of proposed rulemaking, an administrative proceeding, and an application for a license, permit, certificate, or financial assistance) relating to a function transferred under this section that is pending before the Assistant Secretary on the date of enactment of this Act.

Sec. 305 Office of Special Trustee for American Indians

(a)

Termination— Notwithstanding sections 302 and 303 of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4042; 4043), the Office of Special Trustee for American Indians shall terminate on the effective date of this section.

(b)

Transfer of functions— There is transferred to the Under Secretary any function of the Special Trustee for American Indians that has not been carried out by the Special Trustee as of the effective date of this section.

(c)

(d)

Personnel provisions—

(1)

(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; and

(B)

the compensation of such an officer or employee shall be fixed in accordance with title 5, United States Code.

(e)

Delegation and assignment—

(1)

In general— Except as otherwise expressly prohibited by law or otherwise provided by this section, the Under Secretary may—

(A)

delegate any of the functions transferred to the Under Secretary under this section and any function transferred or granted to the Under Secretary after the effective date of this section to such officers and employees of the Office as the Under Secretary may designate; and

(B)

authorize successive redelegations of the functions as are necessary or appropriate.

(2)

Delegation— No delegation of functions by the Under Secretary under this section shall relieve the Under Secretary of responsibility for the administration of the functions.

(f)

Reorganization— The Under Secretary may allocate or reallocate any function transferred under subsection (b) among the officers of the Office, and establish, consolidate, alter, or discontinue such organizational entities in the Office as the Under Secretary determines to be necessary or appropriate.

(g)

(h)

Transfer and Allocations of Appropriations and Personnel— Except as otherwise provided in this section, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred by this section, subject to section 1531 of title 31, United States Code, shall be transferred to the Office.

(i)

Incidental transfers—

(1)

(2)

(j)

Effect on personnel—

(1)

(2)

Executive schedule positions— Except as otherwise provided in this section, any person who, on the day preceding the effective date of this section, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed to a position in the Office having duties comparable to the duties performed immediately preceding such appointment, shall continue to be compensated in the new position at not less than the rate provided for the previous position, for the duration of the service of the person in the new position.

(3)

Termination of certain positions— Positions the incumbents of which are appointed by the President, by and with the advice and consent of the Senate, and the functions of which are transferred by this title, shall terminate on the effective date of this section.

(k)

(l)

Transition— The Under Secretary may use—

(1)

the services of the officers, employees, and other personnel of the Special Trustee relating to functions transferred to the Office by this section; and

(2)

funds appropriated to those functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this section.

(m)

References— Any reference in a Federal law, Executive order, rule, regulation, delegation of authority, or document relating to the Special Trustee, with respect to functions transferred under this section, shall be deemed to be a reference to the Under Secretary.

(n)

(o)

Effect of section—

(1)

Continuing effect of legal documents— Any legal document relating to a function transferred by this section that is in effect on the effective date of this section shall continue in effect in accordance with the terms of the document until the document is modified or terminated by—

(A)

the President;

(B)

the Under Secretary;

(C)

a court of competent jurisdiction; or

(D)

operation of Federal or State law.

(2)

Proceedings not affected— This section shall not affect any proceeding (including a notice of proposed rulemaking, an administrative proceeding, and an application for a license, permit, certificate, or financial assistance) relating to a function transferred under this section that is pending before the Special Trustee on the effective date of this section.

(p)

Effective date— This section shall take effect on April 1, 2014, or 180 days following enactment of this Act into law, whichever is earlier.

Sec. 306 Cost savings recommendations

(a)

Cost savings identification— Within 60 days of the effective date in section 305(p), the Under Secretary shall initiate procedures to—

(1)

identify the programs, functions, services, and activities (or any portions of programs, functions, services, or activities) that will not have to operate or carry out as a result of any transfer of functions and personnel under section 305;

(2)

identify the amounts that the Secretary would have otherwise expended to operate or carry out each program, function, service, and activity (or any portion of a program, function, service, or activity) identified pursuant to paragraph (1); and

(3)

provide to the Secretary and the tribal representatives of the Tribal/Interior Budget Council, within 120 days of the effective date in section 305(p), a list of the programs, functions, services, and activities (or any portions of programs, functions, services, or activities) identified pursuant paragraph (1) and the amounts associated with each program, function, service, and activity (or any portion of a program, function, service, or activity) identified pursuant to paragraph (2).

(b)

Tribal recommendations— Within 120 days of receipt of the information in subsection (a)(3), the tribal representatives of the Tribal/Interior Budget Council may provide recommendations to the Secretary and the Office of Management and Budget on how any amounts or cost savings should be reallocated and/or incorporated into future budget requests.

Sec. 307 Hiring preference

In appointing or otherwise hiring any employee to the Office, the Under Secretary shall give preference to Indians in accordance with section 12 of the Act of June 8, 1934 (25 U.S.C. 472).