[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2212 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2212

To establish a direct line of authority for the Office of Trust Reform 
 Implementation and Oversight to oversee the management and reform of 
Indian trust funds and assets under the jurisdiction of the Department 
  of the Interior, and to advance tribal management of such funds and 
  assets, pursuant to the Indian Self-Determination Act and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 18, 2002

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

_______________________________________________________________________

                                 A BILL


 
To establish a direct line of authority for the Office of Trust Reform 
 Implementation and Oversight to oversee the management and reform of 
Indian trust funds and assets under the jurisdiction of the Department 
  of the Interior, and to advance tribal management of such funds and 
  assets, pursuant to the Indian Self-Determination Act 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 ``Indian Trust Asset and Trust Fund 
Management and Reform Act of 2002''.

SEC. 2. DEPUTY SECRETARY FOR TRUST MANAGEMENT AND REFORM.

    (a) Definitions.--Section 2 of the American Indian Trust Fund 
Management Reform Act of 1994 (25 U.S.C. 4001) is amended--
            (1) in paragraph (1), by striking ``(1) The term'' and 
        inserting the following:
            ``(8) Special trustee.--The term'';
            (2) in paragraph (2), by striking ``(2) The term'' and 
        inserting the following:
            ``(4) Indian tribe.--The term'';
            (3) in paragraph (3), by striking ``(3) The term'' and 
        inserting the following:
            ``(7) Secretary.--The term'';
            (4) in paragraph (4), by striking ``(4) The term'' and 
        inserting the following:
            ``(5) Office.--The term'';
            (5) in paragraph (5), by striking ``(5) The term'' and 
        inserting the following:
            ``(1) Bureau.--The term'';
            (6) in paragraph (6), by striking ``(6) The term'' and 
        inserting the following:
            ``(2) Department.--The term'';
            (7) by adding at the end the following:
            ``(3) Deputy secretary.--The term `Deputy Secretary' means 
        the Deputy Secretary for Trust Management and Reform appointed 
        under section 307(a)(2).
            ``(6) Reform office.--The term `Reform Office' means the 
        Office of Trust Reform Implementation and Oversight established 
        by section 307(e).'';
            (8) by moving paragraphs (1) through (8) (as redesignated 
        by this subsection) so as to appear in numerical order; and
            (9) by adding at the end the following:
            ``(9) Trust assets.--The term `trust assets' means all 
        tangible property including land, minerals, coal, oil and gas, 
        forest resources, agricultural resources, water and water 
        sources, and fish and wildlife held by the Secretary for the 
        benefit of an Indian tribe or an individual member of an Indian 
        tribe pursuant to Federal law.
            ``(10) Trust funds.--The term `trust funds' means all funds 
        held by the Secretary for the benefit of an Indian tribe or and 
        individual member of an Indian tribe pursuant to Federal 
        law.''.
    (b) Deputy Secretary for Trust Management and Reform.--Title III of 
the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 
4041 et seq.) is amended by adding at the end the following:

``SEC. 307. DEPUTY SECRETARY FOR TRUST MANAGEMENT AND REFORM.

    ``(a) Establishment.--
            ``(1) In general.--There is established within the 
        Department the position of Deputy Secretary for Trust 
        Management and Reform.
            ``(2) Appointment and removal.--
                    ``(A) Appointment.--The Deputy Secretary shall be 
                appointed by the President, by and with the advice and 
                consent of the Senate.
                    ``(B) Term.--The Deputy Secretary shall be 
                appointed for a term of 6 years.
                    ``(C) Removal.--The Deputy Secretary may be removed 
                only for good cause.
            ``(3) Administrative authority.--The Deputy Secretary shall 
        report directly to the Secretary.
            ``(4) Compensation.--The Deputy Secretary 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 prescribed 
        for Level II of the Executive Schedule under section 5313 of 
        title 5, United States Code.
    ``(b) Duties.--The Deputy Secretary shall--
            ``(1) oversee all trust fund and trust asset matters of the 
        Department, including--
                    ``(A) administration and management of the Reform 
                Office; and
                    ``(B) financial and human resource matters of the 
                Reform Office; and
            ``(2) engage in appropriate government-to-government 
        relations and consultations with Indian tribes and individual 
        trust asset and trust fund account holders on matters involving 
        trust asset and trust fund management and reform within the 
        Department.
    ``(c) Staff.--In carrying out this section, the Deputy Secretary 
may hire such staff having expertise in trust asset and trust fund 
management, financial organization and management, and tribal policy as 
the Deputy Secretary determines is necessary to carry out this section.
    ``(d) Effect on Duties of Other Officials.--
            ``(1) In general.--Except as provided in paragraph (2), 
        nothing in this section shall be construed to diminish any 
        responsibility or duty of the Assistant Secretary of the 
        Interior for Indian Affairs or the Special Trustee relating to 
        any duty of the Assistant Secretary or Special Trustee 
        established under this Act or any other provision of law.
            ``(2) Trust asset and trust fund management and reform.--
        Notwithstanding any other provision of law, the Deputy 
        Secretary shall have overall management and oversight authority 
        on matters of the Department relating to trust asset and trust 
        fund management and reform.
    ``(e) Office of Trust Reform Implementation and Oversight.--
            ``(1) Establishment.--There is established within the 
        Office of the Secretary the Office of Trust Reform 
        Implementation and Oversight.
            ``(2) Reform office head.--The Reform Office shall be 
        headed by the Deputy Secretary.
            ``(3) Duties.--The Reform Office shall--
                    ``(A) supervise and direct the day-to-day 
                activities of the Assistant Secretary of the Interior 
                for Indian Affairs, the Special Trustee, the Director 
                of the Bureau of Land Management, and the Director of 
                the Minerals Management Service, to the extent they 
                administer or manage any Indian trust assets or funds;
                    ``(B) administer, in accordance with title II, all 
                trust properties, funds, and other assets held by the 
                United States for the benefit of Indian tribes and 
                individual members of Indian tribes;
                    ``(C) require the development and maintenance of an 
                accurate inventory of all trust funds and trust assets;
                    ``(D) ensure the prompt posting of revenue derived 
                from a trust fund or trust asset for the benefit of 
                each Indian tribe (or individual member of each Indian 
                tribe) that owns a beneficial interest in the trust 
                fund or trust asset;
                    ``(E) ensure that monthly statements of accounts 
                are provided to all trust fund account holders;
                    ``(F) ensure that all trust fund accounts are 
                audited at least annually, and more frequently as 
                determined to be necessary by the Deputy Secretary;
                    ``(G) ensure that the Assistant Secretary of the 
                Interior for Indian Affairs, the Special Trustee, the 
                Director of the Bureau of Land Management, and the 
                Director of the Minerals Management Service provide to 
                the Secretary current and accurate information relating 
                to the administration and management of trust funds and 
                trust assets;
                    ``(H) provide for regular consultation with trust 
                fund account holders on the administration of trust 
                funds and trust assets to ensure, to the maximum extent 
                practicable in accordance with applicable law, the 
                greatest return on those funds and assets for the trust 
                fund account holders; and
                    ``(I) enter into contracts and compacts under 
                section 102 of the Indian Self-Determination Act (25 
                U.S.C. 450f) or section 403 of the Indian Self 
                Determination and Education Assistance Act (25 U.S.C. 
                458cc) to provide for the management of trust assets 
                and trust funds by Indian tribes pursuant to a Trust 
                Fund and Trust Asset Management and Monitoring Plan 
                developed under section 202 of this Act.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.''.
    (c) Advisory Board.--
            (1) In general.--Section 306 of the American Indian Trust 
        Fund Management Reform Act of 1994 (25 U.S.C. 4046) is amended 
        to read as follows:

``SEC. 306. ADVISORY BOARD.

    ``(a) Establishment and Membership.--Notwithstanding any other 
provision of law, the Deputy Secretary described in section 307 shall 
establish an advisory board to provide advice on all matters within the 
jurisdiction of the Office of Trust Reform. The advisory board shall 
consist of 9 members, appointed by the Deputy Secretary after 
consultation with Indian tribes and appropriate Indian organizations, 
of which--
            ``(1) 5 members shall represent trust fund account holders, 
        including both tribal and Individual Indian Money accounts;
            ``(2) 2 members shall have practical experience in trust 
        fund and financial management;
            ``(3) 1 member shall have practical experience in fiduciary 
        investment management; and
            ``(4) 1 member, from academia, shall have knowledge of 
        general management of large organizations.
    ``(b) Term.--Each member shall serve a term of 2 years.
    ``(c) FACA.--The advisory board shall not be subject to the Federal 
Advisory Committee Act.''.
            (2) Previous advisory board.--The advisory board authorized 
        under section 306 of the American Indian Trust Fund Management 
        Reform Act of 1994 (25 U.S.C. 4046) as in effect on the day 
        before the date of enactment of this Act shall terminate on the 
        date of enactment of this Act.
    (d) Conforming Amendments.--
            (1) Section 302 of the American Indian Trust Fund 
        Management Reform Act of 1994 (25 U.S.C. 4042) is amended--
                    (A) in the second sentence of subsection (a), by 
                striking ``who shall'' and inserting ``who, except as 
                provided in subsection (b)(3), shall''; and
                    (B) in subsection (b), by adding at the end the 
                following:
            ``(3) Trust fund management.--The Special Trustee shall 
        report directly to the Deputy Secretary with respect to matters 
        relating to trust fund management and reform.''.
            (2) Section 303 of the American Indian Trust Fund 
        Management Reform Act of 1994 (25 U.S.C. 4043) is amended--
                    (A) by striking subsection (a);
                    (B) in subsection (b)(1), by striking ``The Special 
                Trustee'' and inserting ``Except as provided in section 
                307(d), the Special Trustee'';
                    (C) in subsection (c)(5)(A), by striking ``or which 
                is charged with any responsibility under the 
                comprehensive strategic plan prepared under subsection 
                (a) of this section,'';
                    (D) by striking subsection (f); and
                    (E) by redesignating subsections (b) through (e) as 
                subsections (a) through (d), respectively.

SEC. 3. INDIAN PARTICIPATION IN TRUST FUND ACTIVITIES.

    Title II of the American Indian Trust Fund Management Reform Act of 
1994 (25 U.S.C. 4021 et seq.) is amended--
            (1) by striking sections 202 and 203; and
            (2) by inserting after section 201 the following:

``SEC. 202. PARTICIPATION IN TRUST FUND AND TRUST ASSET MANAGEMENT 
              ACTIVITIES BY INDIAN TRIBES.

    ``(a) Planning Program.--To meet the purposes of this title, a 10-
year Indian Trust Fund and Trust Asset Management and Monitoring Plan 
(in this section referred to as the `Plan') shall be developed and 
implemented as follows:
            ``(1) Pursuant to a self-determination contract or compact 
        under section 102 of the Indian Self-Determination Act (25 
        U.S.C. 450f) or section 403 of the Indian Self Determination 
        and Education Assistance Act (25 U.S.C. 458cc), an Indian tribe 
        may develop or implement a Plan. Subject to the provisions of 
        paragraphs (3) and (4), the tribe shall have broad discretion 
        in designing and carrying out the planning process.
            ``(2) To include in a Plan particular trust funds or assets 
        held by multiple individuals, an Indian tribe shall obtain the 
        approval of a majority of the individuals who hold an interest 
        in any such trust funds or assets.
            ``(3) The Plan shall be submitted to the Secretary for 
        approval pursuant to the Indian Self-Determination Act (25 
        U.S.C. 450f et seq.).
            ``(4) If a tribe chooses not to develop or implement a 
        Plan, the Secretary shall develop or implement, as appropriate, 
        a Plan in close consultation with the affected tribe.
            ``(5) Whether developed directly by the tribe or by the 
        Secretary, the Plan shall--
                    ``(A) determine the amount and source of funds held 
                in trust;
                    ``(B) identify and prepare an inventory of all 
                trust assets;
                    ``(C) identify specific tribal goals and 
                objectives;
                    ``(D) establish management objectives for the funds 
                and assets held in trust;
                    ``(E) define critical values of the Indian tribe 
                and its members and provide identified management 
                objectives;
                    ``(F) identify actions to be taken to reach 
                established objectives;
                    ``(G) use existing survey documents, reports and 
                other research from Federal agencies, tribal community 
                colleges, and land grant universities; and
                    ``(H) be completed within 3 years of the initiation 
                of activity to establish the Plan.
    ``(b) Management and Administration.--Plans developed and approved 
under subsection (a) shall govern the management and administration of 
funds and assets held in trust by the Bureau and the Indian tribal 
government.
    ``(c) No Termination Requirement.--Indian tribes implementing an 
approved Plan shall not be required to terminate the trust relationship 
in order to implement such Plan.
    ``(d) Plan Does Not Terminate Trust.--Developing or implementing a 
Plan shall not be construed or deemed to constitute a termination of 
the trust status of the assets or funds that are included in, or 
subject to, the Plan.
    ``(e) Liability.--An Indian tribe managing and administering trust 
funds and trust assets in a manner that is consistent with a Plan shall 
not be liable for waste or loss of an asset or funds that are included 
in such Plan.
    ``(f) Indian Participation in Management Activities.--
            ``(1) Tribal recognition.--The Secretary shall conduct all 
        management activities of funds and assets held in trust in 
        accordance with goals and objectives set forth in a Plan 
        approved pursuant to and in accordance with all tribal laws and 
        ordinances, except in specific instances where such compliance 
        would be contrary to the trust responsibility of the United 
        States.
            ``(2) Tribal laws.--
                    ``(A) In general.--Unless otherwise prohibited by 
                Federal law, the Secretary shall comply with tribal law 
                pertaining to the management of funds and assets held 
                in trust.
                    ``(B) Duties.--The Secretary shall--
                            ``(i) provide assistance in the enforcement 
                        of tribal laws described in subparagraph (A);
                            ``(ii) provide notice of such tribal laws 
                        to persons or entities dealing with tribal 
                        funds and assets held in trust; and
                            ``(iii) upon the request of an Indian 
                        tribe, require appropriate Federal officials to 
                        appear in tribal forums.
            ``(3) Waiver of regulations.--In any case in which a 
        regulation or administrative policy of the Department of the 
        Interior conflicts with the objectives of the Plan, or with a 
        tribal law, the Secretary may waive the application of such 
        regulation or administrative policy unless such waiver would 
        constitute a violation of a Federal statute or judicial 
        decision or would conflict with the Secretary's trust 
        responsibility under Federal law.
            ``(4) Sovereign immunity.--This section does not constitute 
        a waiver of the sovereign immunity of the United States, nor 
        does it authorize tribal justice systems to review actions of 
        the Secretary.
            ``(5) Trust responsibility.--Nothing in this section shall 
        be construed to diminish or expand the trust responsibility of 
        the United States toward Indian funds and assets held in trust, 
        or any legal obligation or remedy resulting from such funds and 
        assets.
    ``(g) Report.--
            ``(1) In general.--Not later than 180 days after the 
        enactment of this section, and annually thereafter, the 
        Secretary shall submit a report to the Committee on Indian 
        Affairs of the Senate and the Committee on Resources of the 
        House of Representatives.
            ``(2) Contents.--The report required under paragraph (1) 
        shall detail the following:
                    ``(A) The efforts of the Department to implement 
                this section.
                    ``(B) The nature and extent of consultation between 
                the Department, Tribes, and individual Indians with 
                respect to implementation of this section.
                    ``(C) Any recommendations of the Department for 
                further changes to this Act, accompanied by a record of 
                consultation with Tribes and individual Indians 
                regarding such recommendations.''.

SEC. 4. REGULATIONS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of the Interior shall promulgate regulations 
to carry out the amendments made by this Act.
    (b) Active Participation.--All regulations promulgated in 
accordance with subsection (a) shall be developed with the full and 
active participation of Indian tribes that have trust funds and assets 
held by the Secretary.
                                 <all>