US Codex
Bill
Notes

H.R. 812 — what changed

Indian Trust Asset Reform Act

From Introduced in House to Reported in House. 13 sections amended and 1 added between Introduced in House and Reported in House.

Sec. 101 Findings

changed The Congress, after careful review of the Federal Government’s historical and special legal relationship with, and resulting responsibilities to, American Indian people, Congress finds that—

(1)
changed the there exists a unique relationship between the Government of Indian tribes to the United States is founded in part on the settled doctrine of the law of nations that when a stronger sovereign assumes authority over a weaker sovereign, and the stronger one assumes a duty governments of protection for the weaker one, which does not surrender its right to self-government;Indian tribes;
(2)
changed the United States fiduciary responsibilities 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 there exists a unique Federal trust duties; andresponsibility to Indians;
(3)
changed the foregoing historic Federal-tribal relations through treaties, statutes, and understandings have benefitted the people of historical relations with Indian tribes, the United States as has undertaken a whole for centuries unique trust responsibility to protect and established enduring support Indian tribes and enforceable Federal obligations to which the national honor has been committed.Indians;
(4)
added 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)
added 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.

Sec. 102 Reaffirmation of policy

changed Pursuant to its the constitutionally vested authority of Congress over Indian affairs, the Congress hereby reaffirms that the responsibility of the United States fiduciary responsibilities to Indian tribes include and are not limited by includes a duty to promote tribal self-determination regarding governmental authority and economic development.

Sec. 201 Short title

changed This title may be cited as the “Indian Trust Asset Management Demonstration Project Act of 2015”.2016”.

Sec. 202 Definitions

In this title:

(1)
added 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)
renumbered was (3) Project— The term “Project” means the Indian trust asset management demonstration project established under section 203(a).
(2)
removed Indian tribe— The term “Indian tribe” means an Indian tribe that—
(A)
removed is federally recognized; and
(B)
removed submits an application under section 203(c).
(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 accordance with this title.
(b)
changed Selection of participating Participating Indian tribes—Tribes—
(1)
added In general— An Indian tribe shall be eligible to participate in the project if—
(1)
removed Indian tribes—
(A)
removed In general— Any Indian tribe shall be eligible to participate in the Project if—
(A)
renumbered was (3)(2)(2)(3) the Indian tribe submits to the Secretary an application under subsection (c); and
(B)
renumbered was (3)(2)(2)(4) the Secretary approves the application of the Indian tribe.
(2)
Notice—
(A)
changed In general— The Secretary shall provide a written notice to each Indian tribe approved to participate in the Project.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)
changed In general— To be eligible to participate in the Project, 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)
changed states that the Indian tribe is requesting to participate in the Project.project.
(d)
changed Duration— The Project shall remain in effect for a period of 10 years after the date of enactment of this Act, but may be extended at the discretion of the Secretary.project—
(1)
added shall remain in effect for a period of 10 years after the date of enactment of this Act; but
(2)
added may be extended at the discretion of the Secretary.

Sec. 204 Indian trust asset management plan

(a)
changed Proposed plan—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)
changed identify the functions or activities that are being or will be performed by the Indian tribe under the contracts contracts, compacts, or compacts; 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)
changed identify any Federal regulations that will be superseded by the plan;plan.
(3)
changed Technical assistance and information— The On receipt of a written request from an Indian tribe, the Secretary shall provide to an 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 on receipt of a written request from the Indian tribe.plan.
(b)
changed Approval and disapproval Disapproval of proposed plans—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)
changed the proposed plan includes one 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)
changed 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)
changed Failure to approve 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)
changed Judicial review— An Indian tribe may seek judicial review of the 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”) Act”), if—
(A)
changed the Secretary disapproves the proposed plan of the Indian tribe under paragraph (1) or (3); (1); and
(B)
changed the Indian tribe has exhausted any all other administrative remedy remedies available to the Indian tribe.
(c)
added 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.
(c)
removed Applicable laws; standards; trust responsibility—
(1)
removed Applicable laws— Except as provided in subsection (e), 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 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.
(2)
removed 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—
(A)
removed 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, Executive order, or court decision referred to in paragraph (1)(A); and
(B)
removed protect any applicable treaty-based fishing, hunting and gathering, and similar rights relating to the use, access, or enjoyment of a trust asset.
(d)
changed Termination of plan—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).
(e)
removed Approval of certain agreements by Indian tribe—
(1)
removed In general— Notwithstanding subsection (c)(1), 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, even though the surface leasing transaction or forest land management activity would require such approval under otherwise applicable law (including regulations), if—
(A)
removed the resolution of other action of the governing body of the Indian tribe referred to in section 203(c)(2)(B) expressly authorizes the inclusion of such provision in the Indian trust asset management plan;
(B)
removed the Indian tribe has adopted regulations expressly incorporated by reference into the Indian trust asset management plan that—
(i)
removed with respect to a surface leasing transaction—
(I)
removed 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) titled “An Act to authorizes the leasing of restricted Indian lands for public, religious, educational, recreational, residential, business, and other purposes requiring the grant of long-term leases” 415(h)(4)), or
(II)
removed have not been approved yet by the Secretary in accordance with subclause (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
(ii)
removed with respect to forest land management activities, the Secretary determines—
(I)
removed 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)
removed provide for an environmental review process that includes—
(aa)
removed the identification and evaluation of any significant effects of the proposed action on the environment; and
(bb)
removed a process for ensuring that—
(AA)
removed 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)
removed the Indian tribe provides responses to relevant and substantive public comments on any such impacts before the Indian tribe approves the timber resource transaction.
(2)
removed Kinds of transactions—
(A)
removed In general— At the discretion of the Indian tribe, an Indian trust asset management plan may authorize the Indian tribe to carry out either a surface leasing transaction or a forest land management activity, or both of those kinds of transactions and activities.
(B)
removed 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 one, several or all of the kinds of transactions and activities authorized to be included in such plan under subparagraph (A).
(3)
removed Technical assistance— The Secretary may provide technical assistance, upon request of the Indian tribe, for development of a regulatory environmental review process required under paragraph (1).
(4)
removed Indian self-determination act— The technical assistance to be provided by the Secretary pursuant to paragraph (2) may be made available through contracts, grants, or agreements entered into in accordance with, and made available to entities eligible for, such contracts, grants, or agreements under the Indian Self-Determination Act (25 U.S.C. 450 et seq.).
(5)
removed Federal environmental review— Notwithstanding paragraph (1), 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 subsection.
(6)
removed Documentation— If an Indian tribe executes a surface leasing transaction or forest land management activity, pursuant to tribal regulations under paragraph (1), the Indian tribe shall provide the Secretary with—
(A)
removed a copy of the surface leasing transaction or forest land management activity documents, including any amendments to or renewals of the applicable transaction; and
(B)
removed 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 paragraph (7).
(7)
removed Trust responsibility—
(A)
removed In general— The United States shall not be liable for losses sustained by any party to a lease executed pursuant to tribal regulations under paragraph (1).
(B)
removed Authority of secretary— Pursuant to the authority of the Secretary to fulfill the trust obligation of the United States to the applicable Indian tribe under Federal law (including regulations), the Secretary may, upon 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 paragraph (1).
(8)
removed Compliance—
(A)
removed In general— An interested party, after exhausting of any applicable tribal remedies, may submit a petition to the Secretary, at such time and in such form as the Secretary determines to be appropriate, to review the compliance of the applicable Indian tribe with any tribal regulations approved by the Secretary under this subsection.
(B)
removed Violations— If, after carrying out a review under subparagraph (A), the Secretary determines that the tribal regulations were violated, 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 lands.
(C)
removed Documentation— If the Secretary determines that a violation of the tribal regulations has occurred and a remedy is necessary, the Secretary shall—
(i)
removed make a written determination with respect to the regulations that have been violated;
(ii)
removed provide the applicable Indian tribe with a written notice of the alleged violation together with such written determination; and
(iii)
removed 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 the applicable Indian tribe with—
(I)
removed a hearing that is on the record; and
(II)
removed a reasonable opportunity to cure the alleged violation.
(9)
removed Defined terms— As used in this subsection, the term—
(A)
removed “interested party” means an Indian or non-Indian individual or corporation, or tribal or non-tribal government whose interests could be adversely affected by a tribal trust land leasing decision made by an applicable Indian tribe;
(B)
removed “surface leasing transaction” means a residential, business, agricultural, or wind and solar resource lease of tribal land;
(C)
removed “forest land management activity” means any one or more of the activities set forth in section 304(4) of the National Indian Forest Resources Management Act (25 U.S.C. 3101 et seq.); and
(D)
removed “tribal land” means land, the title to which is held in trust by the United States for the benefit of an Indian tribe or held in fee by an Indian tribe subject to restrictions against alienation under Federal law.

Sec. 205 Forest land management and surface leasing activities

(a)
changed Liability—Definitions— Subject to subparagraph (b), nothing in 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.section:
(1)
added 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)
added 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)
added 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)
added in trust by the United States for the benefit of an Indian tribe; or
(B)
added in fee by an Indian tribe, subject to restrictions against alienation under Federal law.
(b)
changed Deviation from standard practices—Approval by secretary— 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, Secretary may approve an Indian trust asset management plan that provides for 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 trust assets at a less stringent standard than the Secretary Secretary, regardless of whether the surface leasing transaction or forest land management activity would otherwise require or adhere to in absence of such an Indian trust asset management plan.approval under otherwise applicable law (including regulations), if—
(1)
added 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)
added the Indian tribe has adopted regulations expressly incorporated by reference into the Indian trust asset management plan that—
(A)
added with respect to a surface leasing transaction—
(i)
added 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)
added 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)
added with respect to forest land management activities, the Secretary determines—
(i)
added 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)
added provide for an environmental review process that includes—
(I)
added the identification and evaluation of any significant effects of the proposed action on the environment; and
(II)
added a process consistent with the regulations referred to in clause (i) for ensuring that—
(aa)
added 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)
added 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)
added Types of Transactions—
(1)
added 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)
added 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)
added Technical Assistance—
(1)
added 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)
added 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)
added 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)
added 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)
added 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)
added 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)
added Trust Responsibility—
(1)
added In general— The United States shall not be liable for losses sustained—
(A)
added 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)
added by any party to a lease executed pursuant to tribal regulations under subsection (b).
(2)
added 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)
added Compliance—
(1)
added 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)
added 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)
added 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)
added make a written determination with respect to the regulations that have been violated;
(B)
added provide to the applicable Indian tribe a written notice of the alleged violation, together with the written determination; and
(C)
added 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)
added a hearing on the record; and
(ii)
added a reasonable opportunity to cure the alleged violation.
(c)
removed Effect on other laws— Except for any regulation superseded by a trust asset management plan approved under section 204(b), or any tribal regulations included in or incorporated by reference in such a plan under section 204(e), 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.
(d)
removed Trust responsibility— Nothing in this title enhances, diminishes or otherwise affects the trust responsibility of the United States to Indian tribes and individual Indians.

Sec. 206 Effect of title

added
(a)
added 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)
added 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)
added 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)
added Effect on Other Laws—
(1)
added 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)
added 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)
added 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)
added Trust responsibility— Nothing in this title enhances, diminishes, or otherwise affects the trust responsibility of the United States to Indian tribes or individual Indians.

Sec. 301 Purpose

changed The purpose of this title is to ensure a more efficient and accountable 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.
(3)
Secretary— The term “Secretary” means the Secretary of the Interior.
(4)
changed Under secretary—Secretary— The term “Under Secretary” means the individual appointed to the position of Under Secretary for Indian Affairs, Affairs established by under section 303(a).

Sec. 303 Under Secretary for Indian Affairs

(a)
changed Authorization 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)
changed Exception— The officer 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) (1), if—
(A)
changed the officer that individual was appointed as Assistant Secretary for Indian Affairs by the President 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)
changed coordinate with the Special Trustee for American Indians to ensure an orderly transition of any or all the functions of the Special Trustee to the BIA one or to any other agency more appropriate agencies, offices, or bureau bureaus within the Department;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)
changed the U.S. 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)
changed Personnel provisions—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)
changed 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 8, 18, 1934 (25 U.S.C. 472).

Sec. 304 Office of Special Trustee for American Indians

(a)
changed Report to congress— Notwithstanding sections 302 and 303 of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4042; 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 Secretary and the Committee on Natural Resources of the House of Representatives, the Committee on Indian Affairs of the Senate, and the House and Senate Committees on Appropriations, within one year after enactment Appropriations of this Act, the House of Representatives and the Senate a report that includes the following:includes—
(1)
changed Identification an identification of all functions, other than the collection, management, and investment of Indian trust funds, that the Office of the Special Trustee performs, either performs independently or in concert with the BIA or other federal Federal agencies, specifically those functions that affect or relate to management of non-monetary nonmonetary trust resources;
(2)
changed A a description of any functions of the Office of the Special Trustee that will be transitioned to the BIA or other bureaus or agencies within the Department, Department prior to the termination date of the Office, as described in paragraph (3), together with applicable timeframes; the timeframes for those transfers; and
(3)
changed A a transition plan and timetable for the termination of the Office of the Special Trustee Trustee, to occur not later than 2 years after the date of submission of the report.report, unless the Secretary determines than an orderly transition cannot be accomplished within 2 years, in which case the report shall include—
(A)
added a statement of all reasons why the transition cannot be effected within that time; and
(B)
added an alternative date for completing the transition.
(b)
changed Fiduciary trust officers— Subject to applicable law and regulations, the Secretary shall, Secretary, at the request of an Indian tribe or consortia a consortium of Indian tribes, shall include fiduciary trust officers in a contract, compact, or cooperative other agreement under the Indian Self-Determination and Education Assistance Act (Public Law 93–638), as amended.(25 U.S.C. 450 et seq.).
(c)
added Effect of section— Nothing in this section or the report required by this section—
(1)
added shall cause the Office of the Special Trustee to terminate; or
(2)
added 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)
changed In general— Within Notwithstanding section 304, not later than 18 months after the date of enactment of this Act, the Secretary shall, 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 agency, or other administrative entity within the Department.
(b)
changed Minimum qualifications— Within one 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 persons individuals to prepare appraisals and valuations of Indian trust property.
(c)
changed Secretarial approval—Approval— When In any case in which an Indian tribe or Indian beneficiary submits to the Secretary an appraisal or valuation to the Secretary that satisfies the minimum qualifications described in paragraph (2) subsection (b), and such that submission acknowledges the intent of the Indian tribe or beneficiary’s intent beneficiary to have the appraisal or valuation considered under this subsection, section, the appraisal or valuation—
(1)
changed shall not require any further Secretarial additional review or approval; approval by the Secretary; and
(2)
changed shall be considered to be final for purposes of effectuating the transaction for which the appraisal or valuation is required.

Sec. 306 Cost savings

(a)
changed In general— For any program, function, service, or activity (or any portions portion of programs, functions, services, a program, function, service, or activities) activity) of the Office of the Special Trustee that will not have to operate be operated or carry carried out as a result of any a transfer of functions and personnel under following enactment of this title, Act, the Secretary shall, within 60 days—shall—
(1)
changed identify the amounts that the Secretary would have otherwise have expended to operate or carry out each program, function, service, and activity (or any portion of a program, function, service, or activity); and
(2)
changed provide to the Secretary and the tribal representatives of the Tribal/Interior Tribal-Interior Budget Council, Council or the representatives representative of any other appropriate entity that advises the Secretary on Indian program budget or funding issues, the 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 issues a program, function, service, or activity).list that describes—
(A)
added the programs, functions, services, and activities (or any portion of a program, function, service, or activity) identified under paragraph (1); and
(B)
added the amounts associated with each program, function, service, and activity (or portion of a program, function, service, or activity).
(b)
changed Tribal recommendations— Within Not later than 90 days after the date of receipt of the information in a list under subsection (a)(2), the tribal representatives of the Tribal/Interior Tribal-Interior Budget Council, or Council and the representatives of any other appropriate entity entities that advises advise the Secretary on Indian program budget or funding issues, issues may provide recommendations on regarding how any amounts or cost savings should be reallocated, incorporated into future budget requests, or appropriated, to the—appropriated to—
(1)
changed the Secretary;
(2)
changed the Office of Management and Budget;
(3)
changed the Committee on Appropriations of the House of Representatives;
(4)
changed the Committee on Natural Resources of the House of Representatives;
(5)
changed the Committee on Appropriations of the Senate; and
(6)
changed the Committee on Indian Affairs of the Senate.