[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1459 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1459

 To provide for reform of management of Indian trust funds and assets 
under the jurisdiction of the Department of the Interior, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 25 (legislative day, July 21), 2003

 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 provide for reform of management of Indian trust funds and assets 
under the jurisdiction of the Department of the Interior, 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 ``American Indian Trust Fund 
Management Reform Act Amendments Act of 2003''.

SEC. 2. DEFINITIONS.

    Section 2 of the American Indian Trust Fund Management Reform Act 
of 1994 (25 U.S.C. 4001) is amended--
            (1) by redesignating paragraphs (1), (2), (3), (4), (5), 
        and (6) as paragraphs (7), (4), (6), (5), (2), and (3), 
        respectively, and moving those paragraphs so as to appear in 
        numerical order;
            (2) by inserting before paragraph (2) (as redesignated by 
        paragraph (1)) the following:
            ``(1) Audit.--The term `audit' means an audit using 
        accounting procedures that conform to generally accepted 
        accounting principles and auditing procedures that conform to 
        chapter 75 of title 31, United States Code (commonly known as 
        the `Single Audit Act of 1984').''; and
            (3) by adding at the end the following:
            ``(8) Tribal government--The term `tribal government' means 
        the governing body of an Indian tribe.
            ``(9) Trust asset.--The term `trust asset' means any 
        tangible property (such as land, a mineral, coal, oil or gas, a 
        forest resource, an agricultural resource, water, a water 
        source, fish, or wildlife) held by the Secretary for the 
        benefit of an Indian tribe or an individual member of an Indian 
        tribe in accordance with Federal law.
            ``(10) Trust funds.--The term `trust funds' means--
                    ``(A) all monies or proceeds derived from trust 
                assets; and
                    ``(B) all funds held by the Secretary for the 
                benefit of an Indian tribe or an individual member of 
                an Indian tribe in accordance with Federal law.
            ``(11) Trustee.--The term `trustee' means the Secretary or 
        any other person that is authorized to act as a trustee for 
        trust assets and trust funds.''.

SEC. 3. RESPONSIBILITIES OF SECRETARY.

    Section 102 of the American Indian Trust Fund Management Reform Act 
of 1994 (25 U.S.C. 4011) is amended to read as follows:

``SEC. 102. RESPONSIBILITIES OF SECRETARY.

    ``(a) Accounting for Daily and Annual Balances of Indian Trust 
Funds.--
            ``(1) In general.--The Secretary shall account for the 
        daily and annual balances of all trust funds.
            ``(2) Periodic statement of performance.--
                    ``(A) In general.--Not later than 20 business days 
                after the close of the second calendar quarter after 
                the date of enactment of this paragraph, and not later 
                than 20 business days after the close of each calendar 
                quarter thereafter, the Secretary shall provide to each 
                Indian tribe and individual Indian for whom the 
                Secretary manages trust funds a statement of 
                performance for the trust funds.
                    ``(B) Requirements.--Each statement under 
                subparagraph (A) shall identify, with respect to the 
                period covered by the statement--
                            ``(i) the source, type, and status of the 
                        funds;
                            ``(ii) the beginning balance of the funds;
                            ``(iii) the gains and losses of the funds;
                            ``(iv) receipts and disbursements of the 
                        funds; and
                            ``(v) the ending balance of the funds.
            ``(3) Audits.--With respect to each account containing 
        trust funds, the Secretary shall--
                    ``(A) for accounts with less than $1,000, group 
                accounts separately to allow for statistical sampling 
                audit procedures;
                    ``(B) for accounts containing more than $1,000 at 
                any time during a given fiscal year--
                            ``(i) conduct, for each fiscal year, an 
                        audit of all trust funds; and
                            ``(ii) include, in the first statement of 
                        performance after completion of the audit, a 
                        letter describing the results of the audit.
    ``(b) Additional Responsibilities.--The responsibilities of the 
Secretary in carrying out the trust responsibility of the United States 
include, but are not limited to--
            ``(1) providing for adequate systems for accounting for and 
        reporting trust fund balances;
            ``(2) providing for adequate controls over receipts and 
        disbursements;
            ``(3) providing for periodic, timely reconciliations of 
        financial records to ensure the accuracy of account 
        information;
            ``(4) determining accurate cash balances;
            ``(5) preparing and supplying to account holders periodic 
        account statements;
            ``(6) establishing and publishing in the Federal Register 
        consistent policies and procedures for trust fund management 
        and accounting;
            ``(7) providing adequate staffing, supervision, and 
        training for trust fund management and accounting; and
            ``(8) managing natural resources located within the 
        boundaries of Indian reservations and trust land.''.

SEC. 4. AFFIRMATION OF STANDARDS.

    Title I of the American Indian Trust Fund Management Reform Act of 
1994 (25 U.S.C. 4011 et seq.) is amended by adding at the end the 
following:

``SEC. 105. AFFIRMATION OF STANDARDS.

    ``Congress affirms that the proper discharge of trust 
responsibility of the United States requires, without limitation, that 
the trustee, using the highest degree of care, skill, and loyalty--
            ``(1) protect and preserve Indian trust assets from loss, 
        damage, unlawful alienation, waste, and depletion;
            ``(2) ensure that any management of Indian trust assets 
        required to be carried out by the Secretary--
                    ``(A) promotes the interest of the beneficial 
                owner; and
                    ``(B) supports, to the maximum extent practicable 
                in accordance with the trust responsibility of the 
                Secretary, the beneficial owner's intended use of the 
                assets;
            ``(3)(A) enforce the terms of all leases or other 
        agreements that provide for the use of trust assets; and
            ``(B) take appropriate steps to remedy trespass on trust or 
        restricted land;
            ``(4) promote tribal control and self-determination over 
        tribal trust land and resources without diminishing the trust 
        responsibility of the Secretary;
            ``(5) select and oversee persons that manage Indian trust 
        assets;
            ``(6) confirm that Indian tribes that manage Indian trust 
        assets in accordance with contracts and compacts authorized by 
        the Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450 et seq.) protect and prudently manage those Indian 
        trust assets;
            ``(7) provide oversight and review of the performance of 
        the trust responsibility of the Secretary, including Indian 
        trust asset and investment management programs, operational 
        systems, and information systems;
            ``(8) account for and identify, collect, deposit, invest, 
        and distribute, in a timely manner, income due or held on 
        behalf of tribal and individual Indian account holders;
            ``(9) maintain a verifiable system of records that, at a 
        minimum, is capable of identifying, with respect to a trust 
        asset--
                    ``(A) the location of the trust asset;
                    ``(B) the beneficial owners of the trust asset;
                    ``(C) any legal encumbrances (such as leases or 
                permits) applicable to the trust asset;
                    ``(D) the user of the trust asset;
                    ``(E) any rent or other payments made;
                    ``(F) the value of trust or restricted land and 
                resources associated with the trust asset;
                    ``(G) dates of--
                            ``(i) collections;
                            ``(ii) deposits;
                            ``(iii) transfers;
                            ``(iv) disbursements;
                            ``(v) imposition of third-party obligations 
                        (such as court-ordered child support or 
                        judgments);
                            ``(vi) statements of earnings;
                            ``(vii) investment instruments; and
                            ``(viii) closure of all trust fund accounts 
                        relating to the trust fund asset;
                    ``(H) documents pertaining to actions taken to 
                prevent or compensate for any diminishment of the 
                Indian trust asset; and
                    ``(I) documents that evidence the actions of the 
                Secretary regarding the management and disposition of 
                the Indian trust asset;
            ``(10) establish and maintain a system of records that--
                    ``(A) permits beneficial owners to obtain 
                information regarding Indian trust assets in a timely 
                manner; and
                    ``(B) protects the privacy of that information;
            ``(11) invest tribal and individual Indian trust funds to 
        ensure that the trust account remains reasonably productive for 
        the beneficial owner consistent with market conditions existing 
        at the time at which investment is made;
            ``(12) communicate with beneficial owners regarding the 
        management and administration of Indian trust assets; and
            ``(13) protect treaty-based fishing, hunting, gathering, 
        and similar rights-of-access and resource use on traditional 
        tribal land.''.

SEC. 5. INDIAN PARTICIPATION IN TRUST FUND ACTIVITIES.

    Section 202 of the American Indian Trust Fund Management Reform Act 
of 1994 (25 U.S.C. 4022) is amended by striking subsection (c) and 
inserting the following:
    ``(c) Management Through Self-Determination Authority.--
            ``(1) In general.--An Indian tribe may use authority 
        granted to the Indian tribe under the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 450 et seq.) to manage 
        Indian trust funds and trust assets without terminating--
                    ``(A) the trust responsibility of the Secretary; or
                    ``(B) the trust status of the funds and assets.
            ``(2) No effect on trust responsibility.--Nothing in this 
        subsection diminishes or otherwise impairs the trust 
        responsibility of the United States with respect to the Indian 
        people.''.

SEC. 6. DEPUTY SECRETARY FOR INDIAN AFFAIRS.

    (a) In General.--Section 302 of the American Indian Trust Fund 
Management Reform Act of 1994 (25 U.S.C. 4042) is amended to read as 
follows:

``SEC. 302. DEPUTY SECRETARY FOR INDIAN AFFAIRS.

    ``(a) Establishment.--
            ``(1) In general.--There is established within the 
        Department the position of Deputy Secretary for Indian Affairs 
        (referred to in this section as the `Deputy Secretary'), who 
        shall report directly to the Secretary.
            ``(2) Appointment.--The Deputy Secretary shall be appointed 
        by the President, by and with the advice and consent of the 
        Senate.
    ``(b) Duties.--
            ``(1) In general.--The Deputy Secretary shall--
                    ``(A) oversee the Bureau of Indian Affairs;
                    ``(B) be responsible for carrying out all duties 
                assigned to the Assistant Secretary for Indian Affairs 
                as of the day before the date of enactment of the 
                American Indian Trust Fund Management Reform Act 
                Amendments Act of 2003;
                    ``(C) oversee all trust fund and trust asset 
                matters of the Department, including--
                            ``(i) administration and management of the 
                        Reform Office;
                            ``(ii) financial and human resource matters 
                        of the Reform Office; and
                            ``(iii) all duties relating to trust fund 
                        and trust asset matters;
                    ``(D) 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; 
                and
                    ``(E) carry out such other duties relating to 
                Indian affairs as the Secretary may assign.
            ``(2) Transfer of duties of assistant secretary.--As of the 
        date of enactment of the American Indian Trust Fund Management 
        Reform Act Amendments Act of 2003, all duties assigned to the 
        Assistant Secretary for Indian Affairs shall be transferred to, 
        and become the responsibility of, the Deputy Secretary.
            ``(3) Succession.--Any official who is serving as Assistant 
        Secretary for Indian Affairs on the date of enactment of the 
        American Indian Trust Fund Management Reform Act Amendments Act 
        of 2003 and who was appointed by the President, by and with the 
        advice and consent of the Senate, shall not be required to be 
        reappointed under subsection (a) to the successor position 
        authorized under subsection (a) if the Secretary approves the 
        occupation by the official of the position by the date that is 
        180 days after the date of enactment of the American Indian 
        Trust Fund Management Reform Act Amendments Act of 2003 (or 
        such later date determined by the Secretary if litigation 
        delays rapid succession).
    ``(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 Federal Indian 
law and policy as the Deputy Secretary determines is necessary to carry 
out this title.
    ``(d) Effect on Duties of Other Officials.--
            ``(1) In general.--Except as provided in subsection (c) and 
        paragraph (2), nothing in this section diminishes any 
        responsibility or duty of the Deputy Secretary of the Interior 
        appointed under the Act of May 9, 1935 (43 U.S.C. 1452), or any 
        other Federal official, relating to any duty 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 (including matters that, as of the 
        day before the date of enactment of the Indian Trust Asset and 
        Trust Fund Management and Reform Act of 2003, were carried out 
        by the Commissioner of Indian Affairs).
    ``(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 Deputy Secretary, the Commissioner of 
                Reclamation, the Director of the Bureau of Land 
                Management, and the Director of the Minerals Management 
                Service, to the extent that those officials 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 all trust fund accounts are 
                audited at least annually, and more frequently as 
                determined to be necessary by the Deputy Secretary;
                    ``(F) ensure that the Deputy Secretary, the 
                Director of the Bureau of Land Management, the 
                Commissioner of Reclamation, 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; and
                    ``(G) 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 and a 
                Plan approved under section 202, the greatest return on 
those funds and assets for the trust fund account holders consistent 
with the beneficial owners' intended uses for the trust funds.
            ``(4) Contracts and compacts.--The Reform Office may carry 
        out its duties directly or through 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.''.
    (b) Conforming Amendments.--
            (1) In general.--
                    (A) Section 5313 of title 5, United States Code, is 
                amended by inserting ``Deputy Secretary of the Interior 
                for Indian Affairs'' after ``Deputy Secretary of the 
                Interior''.
                    (B) Section 5315 of title 5, United States Code, is 
                amended by striking ``Assistant Secretaries of the 
                Interior (6)'' and inserting ``Assistant Secretaries of 
                the Interior (5)''.
                    (C) Title III of the American Indian Trust Fund 
                Management Reform Act of 1994 (25 U.S.C. 4041 et seq.) 
                is amended by striking the title heading and inserting 
                the following:

        ``TITLE III--REFORMS RELATING TO TRUST RESPONSIBILITY''.

                    (D) Section 301(1) of the American Indian Trust 
                Fund Management Reform Act of 1994 (25 U.S.C. 4041(1)) 
                is amended by striking ``by establishing in the 
                Department of the Interior an Office of Special Trustee 
                for American Indians'' and inserting ``by directing the 
                Deputy Secretary''.
                    (E) Section 303 of the American Indian Trust Fund 
                Management Reform Act of 1994 (25 U.S.C. 4043) is 
                amended--
                            (i) by striking the section heading and 
                        inserting the following:

``SEC. 303. ADDITIONAL AUTHORITIES AND FUNCTIONS OF THE DEPUTY 
              SECRETARY.'';

                            (ii) in subsection (a)(1), by striking 
                        ``section 302(b) of this title'' and inserting 
                        ``section 302(a)(2)'';
                            (iii) in subsection (e)--
                                    (I) by striking the subsection 
                                heading and inserting the following:
    ``(e) Access of Deputy Secretary.--''; and
                                    (II) by striking ``of his duties'' 
                                and inserting ``of the duties of the 
                                Deputy Secretary''; and
                            (iv) by striking ``Special Trustee'' each 
                        place it appears and inserting ``Deputy 
                        Secretary''.
                    (F) Sections 304 and 305 of the American Indian 
                Trust Fund Management Reform Act of 1994 (25 U.S.C. 
                4044, 4045) are amended by striking ``Special Trustee'' 
                each place it appears and inserting ``Deputy 
                Secretary''.
                    (G) The first section of Public Law 92-22 (43 
                U.S.C. 1453a) is repealed.
                    (H) Any reference in a law, map, regulation, 
                document, paper, or other record of the United States 
                to the Assistant Secretary of the Interior for Indian 
                Affairs shall be deemed to be a reference to the Deputy 
                Secretary of the Interior for Indian Affairs.
            (2) Effective date.--The amendments made by this subsection 
        take effect on the date on which a Deputy Secretary for Indian 
        Affairs is appointed under section 302 of the American Indian 
        Trust Fund Management Reform Act (as amended by subsection 
        (a)).

SEC. 7. COMMISSION FOR REVIEW OF INDIAN TRUST FUND MANAGEMENT 
              RESPONSIBILITIES.

    (a) Establishment.--There is established a commission, to be known 
as the ``Commission for Review of Indian Trust Fund Management 
Responsibilities'' (referred to in this section as the ``Commission''), 
for the purpose of assessing the fiduciary and management 
responsibilities of the Federal Government with respect to Indian 
tribes and individual Indian beneficiaries.
    (b) Membership.--
            (1) In general.--The Commission shall be composed of 12 
        members, of whom--
                    (A) 4 members shall be appointed by the President;
                    (B) 2 members shall be appointed by the Majority 
                Leader of the Senate;
                    (C) 2 members shall be appointed by the Minority 
                Leader of the Senate;
                    (D) 2 members shall be appointed by the Speaker of 
                the House of Representatives; and
                    (E) 2 members shall be appointed by the Minority 
                Leader of the House of Representatives.
            (2) Qualifications.--The membership of the Commission--
                    (A) shall include a majority of individuals who are 
                representatives of federally recognized Indian tribes, 
                including at least 1 representative who is an 
                individual Indian trust fund account holder; and
                    (B) shall include members who have experience in--
                            (i) trust management;
                            (ii) fiduciary investment management;
                            (iii) Federal Indian law and policy; and
                            (iv) financial management.
            (3) Chairperson.--The Commission shall select a Chairperson 
        from among the members of the Commission.
            (4) Date of appointments.--The appointment of a member of 
        the Commission shall be made not later than 90 days after the 
        date of enactment of this Act.
            (5) Term; vacancies.--
                    (A) Term.--A member shall be appointed for the life 
                of the Commission.
                    (B) Vacancies.--A vacancy on the Commission--
                            (i) shall not affect the powers of the 
                        Commission; and
                            (ii) shall be filled in the same manner as 
                        the original appointment was made.
    (c) Meetings.--
            (1) Initial meeting.--Not later than 60 days after the date 
        on which all members of the Commission have been appointed, the 
        Commission shall hold the initial meeting of the Commission.
            (2) Procedures.--The Commission shall--
                    (A) meet at the call of the Chairperson; and
                    (B) establish procedures for conduct of business of 
                the Commission, including public hearings.
            (3) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
    (d) Duties.--The Commission shall--
            (1) review and assess Federal laws and policies relating to 
        the management of Indian trust funds;
            (2) make recommendations (including legislative and 
        administrative recommendations) relating to management of 
        Indian trust funds, including but not limited to options for--
                    (A) historical accounting;
                    (B) settlement of disputed tribal and individual 
                accounts; and
                    (C) revisions of--
                            (i) management standards;
                            (ii) administrative management structure;
                            (iii) investment policies and accounting; 
                        and
                            (iv) reporting procedures; and
            (3) carry out such other duties as the President may assign 
        to the Commission.
    (e) Report.--Not later than 32 months after the date on which the 
Commission holds the initial meeting of the Commission, the Commission 
shall submit to Congress, the Secretary of the Interior, and the 
Secretary of the Treasury a report that includes the results of the 
assessment conducted, and the recommendations made, by the Commission 
under subsection (d).
    (f) Powers of Commission.--
            (1) Hearings.--The Commission may hold such hearings, meet 
        and act at such times and places, take such testimony, and 
        receive such evidence as the Commission considers advisable to 
        carry out this section.
            (2) Information from federal agencies.--
                    (A) In general.--The Commission may secure directly 
                from a Federal agency such information as the 
                Commission considers necessary to carry out this 
                section.
                    (B) Provision of information.--On request of the 
                Chairperson of the Commission, the head of the agency 
                shall provide the information to the Commission.
            (3) Access to personnel.--The Commission shall have 
        reasonable access to staff responsible for Indian trust 
        management in--
                    (A) the Department of the Interior;
                    (B) the Department of Treasury; and
                    (C) the Department of Justice.
            (4) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as other agencies of the Federal Government.
            (5) Gifts.--The Commission may accept, use, and dispose of 
        gifts or donations of services or property.
    (g) Commission Personnel Matters.--
            (1) Compensation of members.--
                    (A) Non-federal employees.--A member of the 
                Commission who is not an officer or employee of the 
                Federal Government shall be compensated at a rate equal 
                to the daily equivalent of the annual rate of basic pay 
                prescribed for level IV of the Executive Schedule under 
                section 5315 of title 5, United States Code, for each 
                day (including travel time) during which the member is 
                engaged in the performance of the duties of the 
                Commission.
                    (B) Federal employees.--A member of the Commission 
                who is an officer or employee of the Federal Government 
                shall serve without compensation in addition to the 
                compensation received for the services of the member as 
                an officer or employee of the Federal Government.
            (2) Travel expenses.--A member of the Commission shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
Code, while away from the home or regular place of business of the 
member in the performance of the duties of the Commission.
            (3) Staff.--
                    (A) In general.--The Chairperson of the Commission 
                may, without regard to the civil service laws 
                (including regulations), appoint and terminate an 
                executive director and such other additional personnel 
                as are necessary to enable the Commission to perform 
                the duties of the Commission.
                    (B) Confirmation of executive director.--The 
                employment of an executive director shall be subject to 
                confirmation by the Commission.
                    (C) Compensation.--
                            (i) In general.--Except as provided in 
                        clause (ii), the Chairperson of the Commission 
                        may fix the compensation of the executive 
                        director and other personnel without regard to 
                        the provisions of chapter 51 and subchapter III 
                        of chapter 53 of title 5, United States Code, 
                        relating to classification of positions and 
                        General Schedule pay rates.
                            (ii) Maximum rate of pay.--The rate of pay 
                        for the executive director and other personnel 
                        shall not exceed the rate payable for level V 
                        of the Executive Schedule under section 5316 of 
                        title 5, United States Code.
    (h) Exemption From FACA.--The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Commission.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.
    (j) Termination of Commission.--The Commission and the authority of 
the Commission under this section terminates on the date that is 3 
years after the date on which the Commission holds the initial meeting 
of the Commission.

SEC. 8. REGULATIONS.

    The Secretary of the Interior, in consultation with interested 
Indian tribes, shall promulgate such regulations as are necessary to 
carry out this Act and amendments made by this Act.

SEC. 9. EFFECT OF ACT.

    (a) Court Proceedings.--Nothing in this Act limits the findings, 
remedies, jurisdiction, authority, or discretion of the courts in the 
matter entitled Cobell v. Norton, Civ. No. 96-1285 (RCL).
    (b) Use of Funds.--No funds appropriated for the purpose of an 
historical accounting of the individual Indian trust funds shall be 
used except as provided in an order of the court in Cobell v. Norton, 
Civ. No. 96-1285 (RCL) entered after the date of enactment of this Act.
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