[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4833 Enrolled Bill (ENR)]

        H.R.4833

                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
 the twenty-fifth day of January, one thousand nine hundred and ninety-
                                  four


                                 An Act

  
 
  To reform the management of Indian Trust Funds, and for other 
purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``American Indian 
Trust Fund Management Reform Act of 1994''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

              TITLE I--RECOGNITION OF TRUST RESPONSIBILITY

Sec. 101. Affirmative action required.
Sec. 102. Responsibility of Secretary to account for the daily and 
          annual balances of Indian trust funds.
Sec. 103. Payment of interest on individual Indian money accounts.
Sec. 104. Authority for payment of claims for interest owed.

             TITLE II--INDIAN TRUST FUND MANAGEMENT PROGRAM

Sec. 201. Purpose.
Sec. 202. Voluntary withdrawal from trust funds program.
Sec. 203. Judgment funds.
Sec. 204. Technical assistance.
Sec. 205. Grant program.
Sec. 206. Return of withdrawn funds.
Sec. 207. Savings provision.
Sec. 208. Report to Congress.
Sec. 209. Regulations.

             TITLE III--SPECIAL TRUSTEE FOR AMERICAN INDIANS

Sec. 301. Purposes.
Sec. 302. Office of Special Trustee for American Indians.
Sec. 303. Authorities and functions of the Special Trustee.
Sec. 304. Reconciliation report.
Sec. 305. Staff and consultants.
Sec. 306. Advisory board.

                TITLE IV--AUTHORIZATION OF APPROPRIATIONS

Sec. 401. Authorization of appropriations.

SEC. 2. DEFINITIONS.

    For the purposes of this Act:
        (1) The term ``Special Trustee'' means the Special Trustee for 
    American Indians appointed under section 302.
        (2) The term ``Indian tribe'' means any Indian tribe, band, 
    nation, or other organized group or community, including any Alaska 
    Native village or regional or village corporation as defined in or 
    established pursuant to the Alaska Native Claims Settlement Act (85 
    Stat. 688), which is recognized as eligible for the special 
    programs and services provided by the United States to Indians 
    because of their status as Indians.
        (3) The term ``Secretary'' means the Secretary of the Interior.
        (4) The term ``Office'' means the Office of Special Trustee for 
    American Indians established by section 302.
        (5) The term ``Bureau'' means the Bureau of Indian Affairs 
    within the Department of the Interior.
        (6) The term ``Department'' means the Department of the 
    Interior.

              TITLE I--RECOGNITION OF TRUST RESPONSIBILITY

SEC. 101. AFFIRMATIVE ACTION REQUIRED.

    The first section of the Act of June 24, 1938 (25 U.S.C. 162a), is 
amended by adding at the end the following new subsection:
    ``(d) The Secretary's proper discharge of the trust 
responsibilities of the United States shall include (but are not 
limited to) the following:
        ``(1) Providing adequate systems for accounting for and 
    reporting trust fund balances.
        ``(2) Providing adequate controls over receipts and 
    disbursements.
        ``(3) Providing periodic, timely reconciliations to assure the 
    accuracy of accounts.
        ``(4) Determining accurate cash balances.
        ``(5) Preparing and supplying account holders with periodic 
    statements of their account performance and with balances of their 
    account which shall be available on a daily basis.
        ``(6) Establishing consistent, written policies and procedures 
    for trust fund management and accounting.
        ``(7) Providing adequate staffing, supervision, and training 
    for trust fund management and accounting.
        ``(8) Appropriately managing the natural resources located 
    within the boundaries of Indian reservations and trust lands.''.
    SEC. 102. RESPONSIBILITY OF SECRETARY TO ACCOUNT FOR THE DAILY AND 
      ANNUAL BALANCES OF INDIAN TRUST FUNDS.
    (a) Requirement To Account.--The Secretary shall account for the 
daily and annual balance of all funds held in trust by the United 
States for the benefit of an Indian tribe or an individual Indian which 
are deposited or invested pursuant to the Act of June 24, 1938 (25 
U.S.C. 162a).
    (b) Periodic Statement of Performance.--Not later than 20 business 
days after the close of a calendar quarter, the Secretary shall provide 
a statement of performance to each Indian tribe and individual with 
respect to whom funds are deposited or invested pursuant to the Act of 
June 24, 1938 (25 U.S.C. 162a). The statement, for the period 
concerned, shall identify--
        (1) the source, type, and status of the funds;
        (2) the beginning balance;
        (3) the gains and losses;
        (4) receipts and disbursements; and
        (5) the ending balance.
    (c) Annual Audit.--The Secretary shall cause to be conducted an 
annual audit on a fiscal year basis of all funds held in trust by the 
United States for the benefit of an Indian tribe or an individual 
Indian which are deposited or invested pursuant to the Act of June 24, 
1938 (25 U.S.C. 162a), and shall include a letter relating to the audit 
in the first statement of performance provided under subsection (b) 
after the completion of the audit.
    SEC. 103. PAYMENT OF INTEREST ON INDIVIDUAL INDIAN MONEY ACCOUNTS.
    (a) Payment of Interest.--The first section of the Act of February 
12, 1929 (25 U.S.C. 161a), is amended--
        (1) by striking out ``That all'' and inserting in lieu thereof 
    ``That (a) all''; and
        (2) by adding after subsection (a) (as designated by paragraph 
    (1) of this subsection) the following:
    ``(b) All funds held in trust by the United States and carried in 
principal accounts on the books of the United States Treasury to the 
credit of individual Indians shall be invested by the Secretary of the 
Treasury, at the request of the Secretary of the Interior, in public 
debt securities with maturities suitable to the needs of the fund 
involved, as determined by the Secretary of the Interior, and bearing 
interest at rates determined by the Secretary of the Treasury, taking 
into consideration current market yields on outstanding marketable 
obligations of the United States of comparable securities.''.
    (b) Withdrawal Authority.--The second sentence of subsection (a) of 
the first section of the Act of June 24, 1938 (25 U.S.C. 162a), is 
amended by inserting ``to withdraw from the United States Treasury 
and'' after ``prescribe,''.
    (c) Technical Correction.--The second subsection (b) of the first 
section of the Act of June 24, 1938 (25 U.S.C. 162a), as added by 
section 302 of Public Law 101-644 (104 Stat. 4667), is hereby 
redesignated as subsection (c).
    (d) Effective Date.--The amendment made by subsection (a) shall 
apply to interest earned on amounts deposited or invested on or after 
the date of the enactment of this Act.
    SEC. 104. AUTHORITY FOR PAYMENT OF CLAIMS FOR INTEREST OWED.
    The Secretary shall make payments to an individual Indian in full 
satisfaction of any claim of such individual for interest on amounts 
deposited or invested on behalf of such individual before the date of 
enactment of this Act retroactive to the date that the Secretary began 
investing individual Indian monies on a regular basis, to the extent 
that the claim is identified--
        (1) by a reconciliation process of individual Indian money 
    accounts, or
        (2) by the individual and presented to the Secretary with 
    supporting documentation, and is verified by the Secretary pursuant 
    to the Department's policy for addressing accountholder losses.

             TITLE II--INDIAN TRUST FUND MANAGEMENT PROGRAM

SEC. 201. PURPOSE.

    The purpose of this title is to allow tribes an opportunity to 
manage tribal funds currently held in trust by the United States and 
managed by the Secretary through the Bureau, that, consistent with the 
trust responsibility of the United States and the principles of self-
determination, will--
        (1) give Indian tribal governments greater control over the 
    management of such trust funds; or
        (2) otherwise demonstrate how the principles of self-
    determination can work with respect to the management of such trust 
    funds, in a manner consistent with the trust responsibility of the 
    United States.

SEC. 202. VOLUNTARY WITHDRAWAL FROM TRUST FUNDS PROGRAM.

    (a) In General.--An Indian tribe may, in accordance with this 
section, submit a plan to withdraw some or all funds held in trust for 
such tribe by the United States and managed by the Secretary through 
the Bureau.
    (b) Approval of Plan.--The Secretary shall approve such plan within 
90 days of receipt and when approving the plan, the Secretary shall 
obtain the advice of the Special Trustee or prior to the appointment of 
such Special Trustee, the Director of the Office of Trust Fund 
Management within the Bureau. Such plan shall meet the following 
conditions:
        (1) Such plan has been approved by the appropriate Indian tribe 
    and is accompanied by a resolution from the tribal governing body 
    approving the plan.
        (2) The Secretary determines such plan to be reasonable after 
    considering all appropriate factors, including (but not limited to) 
    the following:
            (A) The capability and experience of the individuals or 
        institutions that will be managing the trust funds.
            (B) The protection against substantial loss of principal.
    (c) Dissolution of Trust Responsibility.--Beginning on the date 
funds are withdrawn pursuant to this section, any trust responsibility 
or liability of the United States with respect to such funds shall 
cease except as provided for in section 207 of this title.

SEC. 203. JUDGMENT FUNDS.

    (a) In General.--The Secretary is authorized to approve plans under 
section 202 of this title for the withdrawal of judgment funds held by 
the Secretary.
    (b) Limitation.--Only such funds held by the Secretary under the 
terms of the Indian Judgment Funds Use or Distribution Act (25 U.S.C. 
1401) or an Act of Congress which provides for the secretarial 
management of such judgment funds shall be included in such plans.
    (c) Secretarial Duties.--In approving such plans, the Secretary 
shall ensure--
        (1) that the purpose and use of the judgment funds identified 
    in the previously approved judgment fund plan will continue to be 
    followed by the Indian tribe in the management of the judgment 
    funds; and
        (2) that only funds held for Indian tribes may be withdrawn and 
    that any funds held for individual tribal members are not to be 
    included in the plan.

SEC. 204. TECHNICAL ASSISTANCE.

    The Secretary shall--
        (1) directly or by contract, provide Indian tribes with 
    technical assistance in developing, implementing, and managing 
    Indian trust fund investment plans; and
        (2) among other things, ensure that legal, financial, and other 
    expertise of the Department of the Interior has been made fully 
    available in an advisory capacity to the Indian tribes to assist in 
    the development, implementation, and management of investment 
    plans.

SEC. 205. GRANT PROGRAM.

    (a) General Authority.--The Secretary is authorized to award grants 
to Indian tribes for the purpose of developing and implementing plans 
for the investment of Indian tribal trust funds.
    (b) Use of Funds.--The purposes for which funds provided under this 
section may be used include (but are not limited to)--
        (1) the training and education of employees responsible for 
    monitoring the investment of trust funds;
        (2) the building of tribal capacity for the investment and 
    management of trust funds;
        (3) the development of a comprehensive tribal investment plan;
        (4) the implementation and management of tribal trust fund 
    investment plans; and
        (5) such other purposes related to this title that the 
    Secretary deems appropriate.

SEC. 206. RETURN OF WITHDRAWN FUNDS.

    Subject to such conditions as the Secretary may prescribe, any 
Indian tribe which has withdrawn trust funds may choose to return any 
or all of the trust funds such tribe has withdrawn by notifying the 
Secretary in writing of its intention to return the funds to the 
control and management of the Secretary.

SEC. 207. SAVINGS PROVISION.

    By submitting or approving a plan under this title, neither the 
tribe nor the Secretary shall be deemed to have accepted the account 
balance as accurate or to have waived any rights regarding such balance 
and to seek compensation.

SEC. 208. REPORT TO CONGRESS.

    The Secretary shall, beginning one year after the date of the 
enactment of this Act, submit an annual report to the Committee on 
Natural Resources of the House of Representatives and the Committee on 
Indian Affairs of the Senate on the implementation of programs under 
this title. Such report shall include recommendations (if any) for 
changes necessary to better implement the purpose of this title.

SEC. 209. REGULATIONS.

    (a) In General.--Not later than 12 months after the date of 
enactment of this title, the Secretary shall promulgate final 
regulations for the implementation of this title. All regulations 
promulgated pursuant to this title shall be developed by the Secretary 
with the full and active participation of the Indian tribes with trust 
funds held by the Secretary and other affected Indian tribes.
    (b) Effect.--The lack of promulgated regulations shall not limit 
the effect of this title.

            TITLE III--SPECIAL TRUSTEE FOR AMERICAN INDIANS

SEC. 301. PURPOSES.

    The purposes of this title are--
        (1) to provide for more effective management of, and 
    accountability for the proper discharge of, the Secretary's trust 
    responsibilities to Indian tribes and individual Indians by 
    establishing in the Department of the Interior an Office of Special 
    Trustee for American Indians to oversee and coordinate reforms 
    within the Department of practices relating to the management and 
    discharge of such responsibilities;
        (2) to ensure that reform of such practices in the Department 
    is carried out in a unified manner and that reforms of the 
    policies, practices, procedures and systems of the Bureau, Minerals 
    Management Service, and Bureau of Land Management, which carry out 
    such trust responsibilities, are effective, consistent, and 
    integrated; and
        (3) to ensure the implementation of all reforms necessary for 
    the proper discharge of the Secretary's trust responsibilities to 
    Indian tribes and individual Indians.

SEC. 302. OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS.

    (a) Establishment.--There is hereby established within the 
Department of the Interior the Office of Special Trustee for American 
Indians. The Office shall be headed by the Special Trustee who shall 
report directly to the Secretary.
    (b) Special Trustee.--
        (1) Appointment.--The Special Trustee shall be appointed by the 
    President, by and with the advice and consent of the Senate, from 
    among individuals who possess demonstrated ability in general 
    management of large governmental or business entities and 
    particular knowledge of trust fund management, management of 
    financial institutions, and the investment of large sums of money.
        (2) Compensation.--The Special Trustee shall be paid at a rate 
    determined by the Secretary to be appropriate for the position, but 
    not less than the rate of basic pay payable at Level II of the 
    Executive Schedule under section 5313 of title 5, United States 
    Code.
    (c) Termination of Office.--
        (1) Conditioned upon implementation of reforms.--The Special 
    Trustee, in proposing a termination date under section 
    303(a)(2)(C), shall ensure continuation of the Office until all 
    reforms identified in the strategic plan have been implemented to 
    the satisfaction of the Special Trustee.
        (2) 30-day notice.--Thirty days prior to the termination date 
    proposed in the plan submitted under this section, the Special 
    Trustee shall notify the Secretary and the Congress in writing of 
    the progress in implementing the reforms identified in the plan. 
    The Special Trustee, at that time, may recommend the continuation, 
    or the permanent establishment, of the Office if the Special 
    Trustee concludes that continuation or permanent establishment is 
    necessary for the efficient discharge of the Secretary's trust 
    responsibilities.
        (3) Termination date.--The Office shall terminate 180 
    legislative days after the date on which the notice to the Congress 
    under paragraph (2) is provided, unless the Congress extends the 
    authorities of the Special Trustee. For the purposes of this 
    section, a legislative day is a day on which either House of the 
    Congress is in session.

SEC. 303. AUTHORITIES AND FUNCTIONS OF THE SPECIAL TRUSTEE.

    (a) Comprehensive Strategic Plan.--
        (1) In general.--The Special Trustee 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 and the Committee on 
    Indian Affairs of the Senate, within one year after the initial 
    appointment is made under section 302(b), a comprehensive strategic 
    plan for all phases of the trust management business cycle that 
    will ensure proper and efficient discharge of the Secretary's trust 
    responsibilities to Indian tribes and individual Indians in 
    compliance with this Act.
        (2) Plan requirements.--The plan prepared under paragraph (1) 
    shall include the following:
            (A) Identification of all reforms to the policies, 
        procedures, practices and systems of the Department, the 
        Bureau, the Bureau of Land Management, and the Minerals 
        Management Service necessary to ensure the proper and efficient 
        discharge of the Secretary's trust responsibilities in 
        compliance with this Act.
            (B) Provisions for opportunities for Indian tribes to 
        assist in the management of their trust accounts and to 
        identify for the Secretary options for the investment of their 
        trust accounts, in a manner consistent with the trust 
        responsibilities of the Secretary, in ways that will help 
        promote economic development in their communities.
            (C) A timetable for implementing the reforms identified in 
        the plan, including a date for the proposed termination of the 
        Office.
    (b) Duties.--
        (1) General oversight of reform efforts.--The Special Trustee 
    shall oversee all reform efforts within the Bureau, the Bureau of 
    Land Management, and the Minerals Management Service relating to 
    the trust responsibilities of the Secretary to ensure the 
    establishment of policies, procedures, systems and practices to 
    allow the Secretary to discharge his trust responsibilities in 
    compliance with this Act.
        (2) Bureau of indian affairs.--
            (A) Monitor reconciliation of trust accounts.--The Special 
        Trustee shall monitor the reconciliation of tribal and 
        Individual Indian Money trust accounts to ensure that the 
        Bureau provides the account holders, with a fair and accurate 
        accounting of all trust accounts.
            (B) Investments.--The Special Trustee shall ensure that the 
        Bureau establishes appropriate policies and procedures, and 
        develops necessary systems, that will allow it--
                (i) properly to account for and invest, as well as 
            maximize, in a manner consistent with the statutory 
            restrictions imposed on the Secretary's investment options, 
            the return on the investment of all trust fund monies, and
                (ii) to prepare accurate and timely reports to account 
            holders (and others, as required) on a periodic basis 
            regarding all collections, disbursements, investments, and 
            return on investments related to their accounts.
            (C) Ownership and lease data.--The Special Trustee shall 
        ensure that the Bureau establishes policies and practices to 
        maintain complete, accurate, and timely data regarding the 
        ownership and lease of Indian lands.
        (3) Bureau of land management.--The Special Trustee shall 
    ensure that the Bureau of Land Management establishes policies and 
    practices adequate to enforce compliance with Federal requirements 
    for drilling, production, accountability, environmental protection, 
    and safety with respect to the lease of Indian lands.
        (4) Minerals management service.--The Special Trustee shall 
    ensure that the Minerals Management Service establishes policies 
    and practices to enforce compliance by lessees of Indian lands with 
    all requirements for timely and accurate reporting of production 
    and payment of lease royalties and other revenues, including the 
    audit of leases to ensure that lessees are accurately reporting 
    production levels and calculating royalty payments.
    (c) Coordination of Policies.--
        (1) In general.--The Special Trustee shall ensure that--
            (A) the policies, procedures, practices, and systems of the 
        Bureau, the Bureau of Land Management, and the Minerals 
        Management Service related to the discharge of the Secretary's 
        trust responsibilities are coordinated, consistent, and 
        integrated, and
            (B) the Department prepares comprehensive and coordinated 
        written policies and procedures for each phase of the trust 
        management business cycle.
        (2) Standardized procedures.--The Special Trustee shall ensure 
    that the Bureau imposes standardized trust fund accounting 
    procedures throughout the Bureau.
        (3) Integration of ledger with investment system.--The Special 
    Trustee shall ensure that the trust fund investment, general 
    ledger, and subsidiary accounting systems of the Bureau are 
    integrated and that they are adequate to support the trust fund 
    investment needs of the Bureau.
        (4) Integration of land records, trust funds accounting, and 
    asset management systems among agencies.--The Special Trustee shall 
    ensure that--
            (A) the land records system of the Bureau interfaces with 
        the trust fund accounting system, and
            (B) the asset management systems of the Minerals Management 
        Service and the Bureau of Land Management interface with the 
        appropriate asset management and accounting systems of the 
        Bureau, including ensuring that--
                (i) the Minerals Management Service establishes 
            policies and procedures that will allow it to properly 
            collect, account for, and disburse to the Bureau all 
            royalties and other revenues generated by production from 
            leases on Indian lands; and
                (ii) the Bureau of Land Management and the Bureau 
            provide Indian landholders with accurate and timely reports 
            on a periodic basis that cover all transactions related to 
            leases of Indian resources.
        (5) Trust management program budget.--
            (A) Development and submission.--The Special Trustee shall 
        develop for each fiscal year, with the advice of program 
        managers of each office within the Bureau of Indian Affairs, 
        Bureau of Land Management and Minerals Management Service that 
        participates in trust management, including the management of 
        trust funds or natural resources, or which is charged with any 
        responsibility under the comprehensive strategic plan prepared 
        under subsection (a) of this section, a consolidated Trust 
        Management program budget proposal that would enable the 
        Secretary to efficiently and effectively discharge his trust 
        responsibilities and to implement the comprehensive strategic 
        plan, and shall submit such budget proposal to the Secretary, 
        the Director of the Office of Management and Budget, and to the 
        Congress.
            (B) Duty of certain program managers.--Each program manager 
        participating in trust management or charged with 
        responsibilities under the comprehensive strategic plans shall 
        transmit his office's budget request to the Special Trustee at 
        the same time as such request is submitted to his superiors 
        (and before submission to the Office of Management and Budget) 
        in the preparation of the budget of the President submitted to 
        the Congress under section 1105(a) of title 31, United States 
        Code.
            (C) Certification of adequacy of budget request.--The 
        Special Trustee shall--
                (i) review each budget request submitted under 
            subparagraph (B);
                (ii) certify in writing as to the adequacy of such 
            request to discharge, effectively and efficiently, the 
            Secretary's trust responsibilities and to implement the 
            comprehensive strategic plan; and
                (iii) notify the program manager of the Special 
            Trustee's certification under clause (ii).
            (D) Maintenance of records.--The Special Trustee shall 
        maintain records of certifications made under paragraph (3)(B).
            (E) Limitation on reprogramming or transfer.--No program 
        manager shall submit, and no official of the Department of the 
        Interior may approve or otherwise authorize, a reprogramming or 
        transfer request with respect to any funds appropriated for 
        trust management which is included in the Trust Management 
        Program Budget unless such request has been approved by the 
        Special Trustee.
    (d) Problem Resolution.--The Special Trustee shall provide such 
guidance as necessary to assist Department personnel in identifying 
problems and options for resolving problems, and in implementing 
reforms to Department, Bureau, Bureau of Land Management, and Minerals 
Management Service policies, procedures, systems and practices.
    (e) Special Trustee Access.--The Special Trustee, and his staff, 
shall have access to all records, reports, audits, reviews, documents, 
papers, recommendations, files and other material, as well as to any 
officer and employee, of the Department and any office or bureau 
thereof, as the Special Trustee deems necessary for the accomplishment 
of his duties under this Act.
    (f) Annual report.--The Special Trustee shall report to the 
Secretary and the Committee on Natural Resources of the House of 
Representatives and the Committee on Indian Affairs of the Senate each 
year on the progress of the Department, the Bureau, the Bureau of Land 
Management, and the Minerals Management Service in implementing the 
reforms identified in the comprehensive strategic plan under subsection 
(a)(1) and in meeting the timetable established in the strategic plan 
under subsection (a)(2)(C).

SEC. 304. RECONCILIATION REPORT.

    The Secretary shall transmit to the Committee on Natural Resources 
of the House of Representatives and the Committee on Indian Affairs of 
the Senate, by May 31, 1996, a report identifying for each tribal trust 
fund account for which the Secretary is responsible a balance 
reconciled as of September 30, 1995. In carrying out this section, the 
Secretary shall consult with the Special Trustee. The report shall 
include--
        (1) a description of the Secretary's methodology in reconciling 
    trust fund accounts;
        (2) attestations by each account holder that--
            (A) the Secretary has provided the account holder with as 
        full and complete accounting as possible of the account 
        holder's funds to the earliest possible date, and that the 
        account holder accepts the balance as reconciled by the 
        Secretary; or
            (B) the account holder disputes the balance of the account 
        holder's account as reconciled by the Secretary and statement 
        explaining why the account holder disputes the Secretary's 
        reconciled balance; and
        (3) a statement by the Secretary with regard to each account 
    balance disputed by the account holder outlining efforts the 
    Secretary will undertake to resolve the dispute.

SEC. 305. STAFF AND CONSULTANTS.

    (a) Staff.--The Special Trustee may employ such staff as the 
Special Trustee deems necessary. The Special Trustee may request staff 
assistance from within the Department and any office or Bureau thereof 
as the Special Trustee deems necessary.
    (b) Contracts.--To the extent and in such amounts as may be 
provided in advance by appropriations Acts, the Special Trustee may 
enter into contracts and other arrangements with public agencies and 
with private persons and organizations for consulting services and make 
such payments as necessary to carry out the provisions of this title.

SEC. 306. ADVISORY BOARD.

    (a) Establishment and Membership.--Notwithstanding any other 
provision of law, the Special Trustee shall establish an advisory board 
to provide advice on all matters within the jurisdiction of the Special 
Trustee. The advisory board shall consist of nine members, appointed by 
the Special Trustee after consultation with Indian tribes and 
appropriate Indian organizations, of which--
        (1) five members shall represent trust fund account holders, 
    including both tribal and Individual Indian Money accounts;
        (2) two members shall have practical experience in trust fund 
    and financial management;
        (3) one member shall have practical experience in fiduciary 
    investment management; and
        (4) one member, from academia, shall have knowledge of general 
    management of large organizations.
    (b) Term.--Each member shall serve a term of two years.
    (c) FACA.--The advisory board shall not be subject to the Federal 
Advisory Committee Act.
    (d) Termination.--The Advisory Board shall terminate upon 
termination of the Office of Special Trustee.

               TITLE IV--AUTHORIZATION OF APPROPRIATIONS

SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act.







                               Speaker of the House of Representatives.







                            Vice President of the United States and    
                                               President of the Senate.