[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 925 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 925

  To require the Secretary of the Interior to pay interest on Indian 
 funds invested, to authorize demonstrations of new approaches for the 
 management of Indian trust funds, to clarify the trust responsibility 
 of the United States with respect to Indians, to establish a program 
for the training and recruitment of Indians in the management of trust 
   funds, to account for daily and annual balances on and to require 
  periodic statements for Indian trust funds, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                May 7 (legislative day, April 19), 1993

   Mr. Inouye (for himself, Mr. McCain, Mr. Simon, Mr. Campbell, Mr. 
 Wellstone, and Mr. Daschle) introduced the following bill; which was 
       read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
  To require the Secretary of the Interior to pay interest on Indian 
 funds invested, to authorize demonstrations of new approaches for the 
 management of Indian trust funds, to clarify the trust responsibility 
 of the United States with respect to Indians, to establish a program 
for the training and recruitment of Indians in the management of trust 
   funds, to account for daily and annual balances on and to require 
  periodic statements for 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.

    This Act may be cited as the ``Native American Trust Fund 
Accounting and Management Reform Act of 1993''.

SEC. 2. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Secretary'' means the Secretary of the 
        Interior; and
            (2) the term ``Bureau'' means the Bureau of Indian Affairs 
        of the Department of the Interior.

                 TITLE I--TRUST FUND INTEREST PAYMENTS

SEC. 101. PAYMENT OF INTEREST ON FUNDS INVESTED.

    (a) Payment of Interest.--(1) The fourth proviso of subsection (a) 
of the first section of the Act of June 24, 1938 (25 U.S.C. 162a), is 
amended by striking ``may invest'' and inserting ``shall invest''.
    (2) 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) Amounts deposited or invested under subsection (a) shall earn 
interest at the appropriate rates, taking into consideration the type 
of deposit or investment. The Secretary shall periodically pay such 
interest to the appropriate Indian tribe or individual Indian or, at 
the election of the Indian tribe or individual Indian, add such 
interest to the principal so deposited or invested.''.
    (b) 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).
    (c) Repeal of Limitation on United States Liability.--Paragraph (2) 
of subsection (c) of the first section of the Act of June 24, 1938, as 
amended by subsection (b), is amended to read as follows:
    ``(2) Amounts deposited or invested under this subsection shall 
generate earnings at the appropriate rates, taking into consideration 
the type of investment concerned. The Secretary shall periodically pay 
such earnings to the appropriate Indian tribe or individual Indian or, 
at the election of the Indian tribe or individual Indian, add such 
earnings to the principal of such funds so invested.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to interest earned on amounts deposited or invested on or after 
the date of the enactment of this Act.

SEC. 102. AUTHORITY FOR PAYMENT OF CLAIMS FOR INTEREST OWED.

    The Secretary is authorized to make payments to an Indian tribe or 
an individual Indian--
            (1) in full satisfaction of any claim of such Indian tribe 
        or individual Indian for interest on amounts deposited or 
        invested on behalf of such Indian tribe or individual Indian 
        before the date of enactment of this Act under the Act of June 
        24, 1938 (25 U.S.C. 162a), and who was not paid the appropriate 
        amount of interest on such funds; and
            (2) in an amount equal to the interest which would have 
        been earned if funds of such Indian tribe or individual Indians 
        which were subject to the Act of June 24, 1938 (25 U.S.C. 
        162a), had been deposited or invested in accordance with such 
        Act.

      TITLE II--INDIAN TRUST FUND MANAGEMENT DEMONSTRATION PROGRAM

SEC. 201. PURPOSE.

    The purpose of this title is to demonstrate new approaches for the 
management of tribal and individual Indian funds 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 and individual Indian 
        account holders greater control over the management of such 
        trust funds;
            (2) pursuant to tribal instructions, involve investment of 
        such trust funds by the Secretary in a manner that will also 
        help to promote economic development in Indian communities; or
            (3) 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. DEFINITION.

    For the purposes of this title, except for the purposes of section 
208, the terms ``Indian tribe'' and ``tribe'' mean--
            (1) an Indian tribe;
            (2) a consortia of Indian tribes; or
            (3) an association of Indians holding individual Indian 
        trust fund accounts managed by the Secretary through the 
        Bureau.

SEC. 203. DEMONSTRATION PLANS.

    An Indian tribe may submit to the Secretary a plan to demonstrate a 
new approach for the management of tribal or individual Indian funds 
held in trust by the United States for such tribe or the members of 
such tribe, and as of the date of the enactment of this Act, managed by 
the Secretary through the Bureau. Such plan may provide for the 
following:
            (1) Management of such funds directly by the Indian tribe 
        in financial institutions selected by the tribe, subject to 
        supervision and oversight by the Secretary. For the purposes of 
        this section, the term ``management'' may include one or more 
        of the functions carried out, as of the date of the enactment 
        of this Act, by the Secretary through the Bureau in managing 
        such funds, such as collection, disbursement, and investment 
        functions.
            (2) Management of such funds by the Secretary in a manner 
        that--
                    (A) involves investment of such funds in financial 
                institutions on or near the reservation;
                    (B) increases tribal access to such institutions;
                    (C) promotes economic development activities on the 
                reservation; or
                    (D) otherwise promotes tribal priorities.
            (3) Management of such funds at the local level through 
        contracts with local financial institutions that meet the 
        purposes of this title.
            (4) Such other approaches, as determined by the Secretary, 
        that meet the purpose of this title.

SEC. 204. APPROVAL OF PLANS BY THE SECRETARY.

    (a) In General.--The Secretary shall approve and implement, or 
provide for the implementation by an Indian tribe of, a plan that meets 
the following conditions:
            (1) Such plan has been approved by the appropriate Indian 
        tribe, as follows:
                    (A) For a plan involving tribal trust funds, such 
                plan is accompanied by a resolution from the tribal 
                governing body approving the plan.
                    (B) For a plan submitted by an Indian tribe (as 
                defined in paragraphs (1) and (2) of section 202) 
                involving individual Indian money accounts, where most 
                or all of the account holders are members of the 
                submitting tribe, it is accompanied by a resolution 
                from the tribal governing body approving the plan, 
                along with a certification that the tribe held no fewer 
                than 2 public meetings to provide an opportunity for 
                account holders to comment on the plan.
                    (C) For a plan submitted by an Indian tribe (as 
                defined in paragraph (3) of section 202), it is 
                accompanied by a written approval signed by each 
                participating account holder, along with a 
                certification that the tribe on whose reservation the 
                trust asset that is the source of the funds is located, 
                has been consulted regarding the plan.
            (2) The Secretary determines such plan to be consistent 
        with standards of reasonable prudence, 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) The rate of return, provided that the plan need 
                not produce the highest rate of return possible if the 
                Indian tribe chooses to accept a lower rate in return 
                for other benefits such as the benefits from investing 
                in local financial institutions.
                    (D) The ability of the Secretary to effectively 
                monitor the demonstration, pursuant to the trust 
                responsibility of the United States as specified in 
                section 205.
            (3) The duration of the plan does not exceed 5 years.
    (b) Investment in Equities.--Nothing in this section shall prohibit 
an Indian tribe submitting a plan for a demonstration under this 
section from providing in such plan for the investment of its trust 
funds in equities, if the Secretary determines that such plan meets the 
standard of reasonable prudence under subsection (a)(2).

SEC. 205. FEDERAL TRUST RESPONSIBILITY.

    (a) In General.--If an Indian tribe assumes management of trust 
funds pursuant to a demonstration under this title, the trust 
responsibility of the United States with respect to such funds shall, 
for the duration of the demonstration, be limited to the following:
            (1) The exercise of reasonable prudence by the Secretary in 
        approving the plan for the demonstration.
            (2) An annual audit provided by the Secretary, directly or 
        by contract, to determine that the tribe is performing in 
        conformance with the plan for the demonstration.
            (3) If the Secretary finds, through such audits, that the 
        tribe is not in compliance with the terms of the plan, the 
        Secretary shall--
                    (A) terminate the demonstration; or
                    (B) prescribe remedial action to be taken by the 
                tribe to achieve compliance with the plan.
    (b) Decrease in Interest and Loss of Principal.--If a plan for a 
demonstration submitted under this title and approved by the Secretary 
provides for the implementation of such demonstration by the Secretary, 
the United States shall not be liable, during the period of such 
demonstration, for any decrease in interest rate or any loss of 
principal that is proximately caused by the Secretary's prudent 
implementation of such demonstration.
    (c) Agreement.--Prior to the implementation of any demonstration 
under this title, the Indian tribe involved shall sign a written 
statement indicating that it understands and accepts the limitations on 
the trust responsibility of the United States as provided in this 
section.

SEC. 206. TECHNICAL AND FINANCIAL ASSISTANCE.

    The Secretary shall, directly or by contract, provide Indian tribes 
with technical and financial assistance in developing, implementing, 
and managing plans for demonstrations under this title.

SEC. 207. NO INCOME TAX CONSEQUENCES.

    Funds managed pursuant to a demonstration program under this title, 
and distributions made from such funds, shall, for purposes of the 
Internal Revenue Code of 1986, be treated in the same manner as such 
funds would be treated if such funds were managed directly by the 
Secretary, through the Bureau.

SEC. 208. VOLUNTARY WITHDRAWAL FROM TRUST FUND 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 a plan under 
this section that meets the requirements specified in section 204(a)(1) 
and subparagraphs (A) and (B) of section 204(a)(2).
    (c) Termination of Trust Responsibility.--Beginning on the date 
funds are withdrawn pursuant to this section, any trust responsibility 
of the United States with respect to such funds shall terminate.

SEC. 209. REPORT TO CONGRESS.

    The Secretary shall, beginning one year after the date of the 
enactment of this Act, submit an annual report to the Congress on the 
implementation of demonstration programs under this title. Such report 
shall include recommendations for changes necessary to effectively 
implement the purpose of this title.

             TITLE III--RECOGNITION OF TRUST RESPONSIBILITY

SEC. 301. AFFIRMATIVE ACTION REQUIRED.

    The first section of the Act of June 24, 1938 (25 U.S.C. 162a), as 
amended by section 101(a)(2), is amended by adding at the end the 
following new subsection:
    ``(e) The Secretary shall properly discharge the trust 
responsibilities of the United States under this section by--
            ``(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 
        meaningful periodic statements of their account balances;
            ``(6) establishing consistent, written policies and 
        procedures for trust fund management and accounting; and
            ``(7) providing adequate staffing, supervision, and 
        training for trust fund management and accounting.''.

SEC. 302. TRUST RESPONSIBILITY WITH RESPECT TO NATURAL RESOURCES.

    The Congress recognizes that the trust responsibility of the United 
States extends to tribal and individual Indian owners of natural 
resources located within the boundaries of Indian reservations and 
trust lands. This includes the fiduciary responsibility to manage funds 
held in trust by the United States for Indian tribes and individual 
Indians derived from actions including, but not limited to, the use and 
sale of leased lands, judgments, mineral leases, oil and gas leases, 
timber permits and sales, and water resources.

                    TITLE IV--TRAINING AND PERSONNEL

SEC. 401. TRAINING.

    (a) Training Program.--The Secretary shall establish a program to 
assist Indians, including, but not limited to, employees of the Bureau 
and members and employees of Indian tribes, to obtain expertise in the 
management of trust funds. Components of such program may include the 
following:
            (1) An outreach program to encourage and assist Indians to 
        obtain employment with private financial institutions.
            (2) Agreements with financial institutions and other 
        entities under which such entities would provide classroom 
        training, on-the-job training, internships, and employment 
        opportunities not to exceed 2 years, for employees and 
        prospective employees of the Bureau.
    (b) Recruitment.--
            (1) Employment descriptions.--The Secretary shall ensure 
        that the employment description for any Federal position 
        related to the management of Indian trust funds contains 
        requirements necessary to ensure that a person filling such 
        position would have the necessary skills, based on industry 
        standards, to fully perform the position's responsibilities in 
        a manner consistent with the responsibility of the United 
        States to properly manage Indian trust funds.
            (2) Pay.--The Secretary, in consultation with the Office of 
        Personnel Management, shall establish the rate of pay payable 
        for a position related to the management of Indian trust funds 
        at a level of the General Schedule appropriate for such 
        position.
    (c) Indian Preference.--Nothing in this title shall authorize or 
permit any waiver of Indian preference laws as such term is defined in 
section 2(f)(2) of Public Law 96-135 (25 U.S.C. 472 et seq.).

       TITLE V--RESPONSIBILITY TO ACCOUNT FOR INDIAN TRUST FUNDS

SEC. 501. 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 10 business 
days after the close of a calendar month, 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 earnings and losses; and
            (4) 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.
    (d) Effective Date.--This section shall take effect October 1, 
1993, but shall only apply with respect to earnings and losses 
occurring on or after October 1, 1993, on funds held in trust by the 
United States for the benefit of an Indian tribe or an individual 
Indian.

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S 925 IS----2