[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4388 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4388

To establish the American Indian Trust Review Commission, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 3, 2014

   Mr. Gosar (for himself, Mr. Daines, Mr. Schweikert, Mr. Young of 
  Alaska, Mr. Cole, Mr. Mullin, Mr. Tipton, Mr. Carney, Mr. Franks of 
  Arizona, Mr. Salmon, Ms. McCollum, Mr. Honda, Mr. Faleomavaega, and 
Mrs. Kirkpatrick) introduced the following bill; which was referred to 
                   the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To establish the American Indian Trust Review Commission, 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 Responsibility 
Review Act of 2014''.

SEC. 2. CONGRESSIONAL FINDINGS.

    Congress finds as follows:
            (1) The Final Report of the American Indian Policy Review 
        Committee, published in 1977, made a number of recommendations 
        regarding the United States administration of its trust 
        relationship with federally recognized Indian tribes and their 
        members, many of which have not been implemented.
            (2) There has been no general, comprehensive review of the 
        United States trust relationship with federally recognized 
        Indian tribes since the publication of the Final Report of the 
        American Indian Policy Review Committee.
            (3) The trust relationship has evolved over time and there 
        is a clear need to re-examine the administration of the United 
        States constitutional trust responsibility.
            (4) The duties administered by Federal agencies charged 
        with protecting federally recognized Indian tribal trust 
        resources and providing services often conflict with other 
        duties discharged by the same or separate Federal agencies and 
        departments and it is the beneficiaries of the trust 
        relationship that suffer as a result.
            (5) In carrying out its trust responsibilities to federally 
        recognized Indian tribes and their members, it is crucial that 
        Congress have the benefit of a review of the United States 
        trust relationship with federally recognized Indian tribes to 
        improve its ability to exercise oversight over the Executive 
        Branch, pursue policies to empower tribal self-determination, 
        and better administer the trust relationship.

SEC. 3. DECLARATION.

    Congress declares that it is timely and essential to conduct a 
review of the current state of the United States unique trust 
relationship with federally recognized Indian tribes and their members 
in order to better administer constitutional trust responsibilities and 
make necessary revisions in relevant trust statutes, regulations, and 
policies for the benefit of American Indian people.

SEC. 4. ESTABLISHMENT OF THE AMERICAN INDIAN TRUST REVIEW COMMISSION.

    (a) Establishment.--In order to carry out the purposes of this Act, 
there is hereby established the American Indian Trust Review 
Commission, hereinafter referred to as the ``Commission''.
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 12 
        members, of whom--
                    (A) 4 shall be appointed by the President, in 
                consultation with the Secretary of the Interior;
                    (B) 3 shall be appointed by the Speaker of the 
                House of Representatives, in consultation with the 
                Chairman of the Committee on Natural Resources of the 
                House of Representatives;
                    (C) 1 shall be appointed by the Minority Leader of 
                the House of Representatives, in consultation with the 
                Ranking Member of the Committee on Natural Resources of 
                the House of Representatives;
                    (D) 3 shall be appointed by the Majority Leader of 
                the Senate, in consultation with the Chairman of the 
                Committee on Indian Affairs; and
                    (E) 1 shall be appointed by the Minority Leader of 
                the Senate, in consultation with the Vice Chairman of 
                the Committee on Indian Affairs.
            (2) Diversity of qualifications.--In making appointments to 
        the Commission, every effort shall be made to select 
        individuals whose qualifications are not already represented by 
        other members of the Commission.
            (3) Term.--Each member shall be appointed for the life of 
        the Commission.
            (4) Time for initial appointments.--The appointment of the 
        members of the Commission shall be made no later than 60 days 
        after the date of enactment of this Act.
    (c) Commission Organization.--At its organizational meeting, the 
members of the Commission appointed pursuant to subsection (b)(1) of 
this section shall elect from their members, a Chairman and Vice 
Chairman immediately thereafter.
    (d) Vacancies.--Vacancies in the membership of the Commission shall 
not affect the power of the remaining members to execute the functions 
of the Commission and shall be filled in the same manner as in the case 
of the original appointment of the member whose seat is vacated.
    (e) Quorum.--Eight members of the Commission shall constitute a 
quorum, but a smaller number, as determined by the Commission, may 
conduct hearings.

SEC. 5. DUTIES OF THE COMMISSION.

    (a) Investigation; Study.--The Commission shall conduct a 
comprehensive review of the unique trust relationship between the 
United States and federally recognized Indian tribes. The study shall 
include--
            (1) a study and analysis of the Constitution, and relevant 
        treaties, compacts, statutes, judicial interpretations, and 
        Executive Orders to determine the attributes of the unique 
        trust relationship between the Federal Government, and 
        federally recognized Indian tribes;
            (2) a review of the policies, practices, and structure of 
        the Federal agencies charged with protecting Indian tribal 
        trust resources and providing services to Indians;
            (3) a management study of the Bureau of Indian Affairs and 
        its ability to discharge its trust responsibilities without 
        conflicting with the duties of other Federal agencies and 
        departments;
            (4) a review of relevant statutes, regulations, and 
        policies to determine the feasibility of authorizing Indian 
        tribes, in their discretion, to assume some or all of the 
        functions, programs, services, and activities now currently 
        undertaken and provided by the Federal Government;
            (5) a compilation, collection, and analysis of data 
        necessary to understand the extent of the needs of federally 
        recognized Indian tribes, including the adequacy of educational 
        systems, health care, public safety, and infrastructure;
            (6) the feasibility of creating high-level positions within 
        the Executive Branch to provide federally recognized Indian 
        tribes with maximum participation in policy formation and 
        program development, and the viability of a mechanism to ensure 
        the continuation of critical programs for federally recognized 
        Indian tribes;
            (7) an examination of the appropriate role of State and 
        local governments involvement in actions that permit government 
        and public input and the degree to which the Federal Government 
        can adequately balance those interests without conflicting with 
        its trust responsibilities towards federally recognized Indian 
        tribes; and
            (8) the recommendations modifying existing laws, 
        procedures, regulations, policies, and practices as will, in 
        the judgment of the Commission, best serve to carry out the 
        policy and declarations of the purposes of the Commission.
    (b) Hearings.--
            (1) In general.--The Commission shall hold hearings, meet, 
        act, take testimony, and receive evidence as the Commission 
        considers to be advisable to carry out the duties of the 
        Commission under this Act.
            (2) Public requirement.--The hearings of the Commission 
        shall be open to the public and held in geographically diverse 
        locations.
            (3) Preference.--When considering hearing witnesses, the 
        Commission shall exercise a preference to invite elected 
        officials from a federally recognized Indian tribe before 
        seeking participation from any tribal organization.

SEC. 6. POWERS OF THE COMMISSION.

    (a) Commission Rules.--The Commission may make rules respecting its 
organization and procedures, as it deems necessary, except that no 
recommendations shall be reported from the Commission unless a majority 
of the Commission assents.
    (b) Information From Federal, Tribal, State, and Local Agencies.--
            (1) In general.--The Commission may secure directly from a 
        Federal agency such information as the Commission considers to 
        be necessary to carry out this Act.
            (2) Tribal, state, and local agencies.--The Commission may 
        request the head of any agency of a federally recognized Indian 
        tribe, State, or unit of local government to provide the 
        Commission with such information as the Commission considers 
        necessary to carry out this Act.

SEC. 7. COMMISSION PERSONNEL.

    (a) Travel Expenses.--The members of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of services for the 
Commission.
    (b) Staff.--
            (1) In general.--The Chairperson of the Commission, in 
        consultation with the Vice Chairman of the Commission, may--
                    (A) without regard to the civil service laws and 
                regulations, appoint and terminate an executive 
                director and such other additional personnel as may be 
                necessary to enable the Commission to perform its 
                duties; and
                    (B) fix the compensation of the executive director 
                and other personnel without regard to chapter 51 and 
                subchapter III of chapter 53 of title 5, United States 
                Code, relating to classification of positions and 
                General Schedule pay rates, except that the rate of pay 
                for the executive director and other personnel may not 
                exceed the rate payable for level V of the Executive 
                Schedule under section 5316 of such title.
            (2) Executive director subject to confirmation.--The 
        employment of an executive director shall be subject to 
        confirmation by the Commission by a majority of Commission 
        members voting.
    (c) Detail of Government Employees.--At the request of the 
Commission, and in the discretion of the relevant agency, any Federal 
Government employee may be detailed to the Commission without 
reimbursement, and such detail shall be without interruption or loss of 
civil service status or privilege.
    (d) Procurement of Temporary and Intermittent Services.--The 
Chairperson of the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals that do not exceed the daily equivalent of the annual 
rate of basic pay prescribed for level V of the Executive Schedule 
under section 5316 of such title.

SEC. 8. REPORT OF THE COMMISSION.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Commission shall submit to the President and Congress 
a report that contains--
            (1) a detailed statement of findings and conclusions of the 
        Commission; and
            (2) the recommendations of the Commission for such 
        legislative and administrative actions as the Commission 
        considers appropriate.
    (b) Extension.--The President may grant an extension to allow the 
report required under subsection (a) to be submitted not later than 3 
years after the date of the enactment of this Act.
    (c) Online Access.--The Commission shall make the report required 
by paragraph (1) publically available on the website of the Department 
of the Interior.

SEC. 9. NONAPPPLICABILITY OF THE FACA.

    The Federal Advisory Committee Act (5 U.S.C. App. 2) shall not 
apply to the Commission.

SEC. 10. TERMINATION OF THE COMMISSION.

    The Commission shall terminate 30 days after the Commission submits 
its report under section 8.
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