[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4833 Reported in House (RH)]

                                                 Union Calendar No. 426

103d CONGRESS

  2d Session

                               H. R. 4833

                          [Report No. 103-778]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            October 3, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 426
103d CONGRESS
  2d Session
                                H. R. 4833

                          [Report No. 103-778]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 1994

Mr. Richardson introduced the following bill; which was referred to the 
                     Committee on Natural Resources

                            October 3, 1994

                  Additional sponsor: Mr. Faleomavaega

                            October 3, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               26, 1994]

_______________________________________________________________________

                                 A BILL


 
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--
            (1) identify 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 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 the 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.

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 
tribe which has withdrawn trust funds may choose to return any or all 
of the trust funds it 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 session, 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.
HR 4833 RH----2
HR 4833 RH----3