[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 812 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 812

  To provide for Indian trust asset management reform, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 9, 2015

    Mr. Simpson (for himself, Mr. Cole, and Mr. Heck of Washington) 
 introduced the following bill; which was referred to the Committee on 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To provide for Indian trust asset management reform, 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 ``Indian Trust Asset 
Reform Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
              TITLE I--RECOGNITION OF TRUST RESPONSIBILITY

Sec. 101. Congressional statement of findings.
Sec. 102. Congressional reaffirmation of policy.
   TITLE II--INDIAN TRUST ASSET MANAGEMENT DEMONSTRATION PROJECT ACT

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Establishment of demonstration project; selection of 
                            participating Indian tribes.
Sec. 204. Indian trust asset management plan.
Sec. 205. Effect of title.
         TITLE III--RESTRUCTURING OFFICE OF THE SPECIAL TRUSTEE

Sec. 301. Purpose.
Sec. 302. Definitions.
Sec. 303. Under Secretary for Indian Affairs.
Sec. 304. Office of the Special Trustee for American Indians.
Sec. 305. Appraisals and valuations.
Sec. 306. Cost savings.

              TITLE I--RECOGNITION OF TRUST RESPONSIBILITY

SEC. 101. CONGRESSIONAL STATEMENT OF FINDINGS.

    The Congress, after careful review of the Federal Government's 
historical and special legal relationship with, and resulting 
responsibilities to, American Indian people, finds that--
            (1) the relationship of Indian tribes to the United States 
        is founded in part on the settled doctrine of the law of 
        nations that when a stronger sovereign assumes authority over a 
        weaker sovereign, the stronger one assumes a duty of protection 
        for the weaker one, which does not surrender its right to self-
        government;
            (2) the United States fiduciary responsibilities to Indians 
        also are founded in part on specific commitments made through 
        written treaties and agreements securing peace, in exchange for 
        which Indians have surrendered claims to vast tracts of land, 
        which provided legal consideration for permanent, ongoing 
        performance of Federal trust duties; and
            (3) the foregoing historic Federal-tribal relations and 
        understandings have benefitted the people of the United States 
        as a whole for centuries and established enduring and 
        enforceable Federal obligations to which the national honor has 
        been committed.

SEC. 102. CONGRESSIONAL REAFFIRMATION OF POLICY.

    Pursuant to its constitutionally vested authority over Indian 
affairs, the Congress hereby reaffirms that the United States fiduciary 
responsibilities to Indian tribes include and are not limited by a duty 
to promote tribal self-determination regarding governmental authority 
and economic development.

   TITLE II--INDIAN TRUST ASSET MANAGEMENT DEMONSTRATION PROJECT ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Indian Trust Asset Management 
Demonstration Project Act of 2015''.

SEC. 202. DEFINITIONS.

    In this title:
            (1) Project.--The term ``Project'' means the Indian trust 
        asset management demonstration project established under 
        section 203(a).
            (2) Indian tribe.--The term ``Indian tribe'' means an 
        Indian tribe that--
                    (A) is federally recognized; and
                    (B) submits an application under section 203(c).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 203. ESTABLISHMENT OF DEMONSTRATION PROJECT; SELECTION OF 
              PARTICIPATING INDIAN TRIBES.

    (a) In General.--The Secretary shall establish and carry out an 
Indian trust asset management demonstration project, in accordance with 
this title.
    (b) Selection of Participating Indian Tribes.--
            (1) Indian tribes.--
                    (A) In general.--Any Indian tribe shall be eligible 
                to participate in the Project if--
                            (i) the Indian tribe submits to the 
                        Secretary an application under subsection (c); 
                        and
                            (ii) the Secretary approves the application 
                        of the Indian tribe.
            (2) Notice.--
                    (A) In general.--The Secretary shall provide a 
                written notice to each Indian tribe approved to 
                participate in the Project.
                    (B) Contents.--A notice under subparagraph (A) 
                shall include--
                            (i) a statement that the application of the 
                        Indian tribe has been approved by the 
                        Secretary; and
                            (ii) a requirement that the Indian tribe 
                        shall submit to the Secretary a proposed Indian 
                        trust asset management plan in accordance with 
                        section 204.
    (c) Application.--
            (1) In general.--To be eligible to participate in the 
        Project, an Indian tribe shall submit to the Secretary a 
        written application in accordance with paragraph (2).
            (2) Requirements.--The Secretary shall consider an 
        application under this subsection only if the application--
                    (A) includes a copy of a resolution or other 
                appropriate action by the governing body of the Indian 
                tribe, as determined by the Secretary, in support of or 
                authorizing the application;
                    (B) is received by the Secretary after the date of 
                enactment of this Act; and
                    (C) states that the Indian tribe is requesting to 
                participate in the Project.
    (d) Duration.--The Project shall remain in effect for a period of 
10 years after the date of enactment of this Act, but may be extended 
at the discretion of the Secretary.

SEC. 204. INDIAN TRUST ASSET MANAGEMENT PLAN.

    (a) Proposed Plan.--
            (1) Submission.--After the date on which an Indian tribe 
        receives a notice from the Secretary under section 203(b)(2), 
        the Indian tribe shall submit to the Secretary a proposed 
        Indian trust asset management plan in accordance with paragraph 
        (2).
            (2) Contents.--A proposed Indian trust asset management 
        plan shall include provisions that--
                    (A) identify the trust assets that will be subject 
                to the plan;
                    (B) establish trust asset management objectives and 
                priorities for Indian trust assets that are located 
                within the reservation, or otherwise subject to the 
                jurisdiction, of the Indian tribe;
                    (C) allocate trust asset management funding that is 
                available for the Indian trust assets subject to the 
                plan in order to meet the trust asset management 
                objectives and priorities;
                    (D) if the Indian tribe has contracted or compacted 
                functions or activities under the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450 et seq.) relating to the management of trust 
                assets--
                            (i) identify the functions or activities 
                        that are being performed by the Indian tribe 
                        under the contracts or compacts; and
                            (ii) describe the practices and procedures 
                        that the Indian tribe will follow;
                    (E) establish procedures for nonbinding mediation 
                or resolution of any dispute between the Indian tribe 
                and the United States relating to the trust asset 
                management plan;
                    (F) include a process for the Indian tribe and the 
                Federal agencies affected by the trust asset management 
                plan to conduct evaluations to ensure that trust assets 
                are being managed in accordance with the plan; and
                    (G) identify any Federal regulations that will be 
                superseded by the plan;
            (3) Technical assistance and information.--The Secretary 
        shall provide to an Indian tribe any technical assistance and 
        information, including budgetary information, that the Indian 
        tribe determines to be necessary for preparation of a proposed 
        plan on receipt of a written request from the Indian tribe.
    (b) Approval and Disapproval of Proposed Plans.--
            (1) Approval.--
                    (A) In general.--Not later than 120 days after the 
                date on which an Indian tribe submits a proposed Indian 
                trust asset management plan under subsection (a), the 
                Secretary shall approve or disapprove the proposed 
                plan.
                    (B) Requirements for disapproval.--The Secretary 
                shall approve a proposed plan unless the Secretary 
                determines that--
                            (i) the proposed plan fails to address a 
                        requirement under subsection (a)(2);
                            (ii) the proposed plan includes one or more 
                        provisions that are inconsistent with 
                        subsection (c); or
                            (iii) the cost of implementing the proposed 
                        plan exceeds the amount of funding available 
                        for the management of trust assets that would 
                        be subject to the proposed plan.
            (2) Action on disapproval.--
                    (A) Notice.--If the Secretary disapproves a 
                proposed plan under paragraph (1)(B), the Secretary 
                shall provide to the Indian tribe a written notice of 
                the disapproval, including any reason why the proposed 
                plan was disapproved.
                    (B) Action by tribes.--If a proposed plan is 
                disapproved under paragraph (1)(B), the Indian tribe 
                may resubmit an amended proposed plan not later than 90 
                days after the date on which the Indian tribe receives 
                the notice under subparagraph (A).
            (3) Failure to approve or disapprove.--If the Secretary 
        fails to approve or disapprove a proposed plan in accordance 
        with paragraph (1), the plan shall be considered to be 
        approved.
            (4) Judicial review.--An Indian tribe may seek judicial 
        review of the determination of the Secretary in accordance with 
        subchapter II of chapter 5, and chapter 7, of title 5, United 
        States Code (commonly known as the ``Administrative Procedure 
        Act'') if--
                    (A) the Secretary disapproves the proposed plan of 
                the Indian tribe under paragraph (1) or (3); and
                    (B) the Indian tribe has exhausted any other 
                administrative remedy available to the Indian tribe.
    (c) Applicable Laws; Standards; Trust Responsibility.--
            (1) Applicable laws.--Except as provided in subsection (e), 
        an Indian trust asset management plan, and any activity carried 
        out under the plan, shall not be approved unless the proposed 
        plan is consistent with all treaties, statutes, Executive 
        orders, and court decisions that are applicable to the trust 
        assets, or the management of the trust assets, identified in 
        the plan.
            (2) Standards.--Subject to the laws referred to in 
        paragraph (1)(A), an Indian trust asset management plan shall 
        not be approved unless the Secretary determines that the plan 
        will--
                    (A) conform, to the maximum extent practicable, to 
                the preferred use of the trust asset by the beneficial 
                owner, unless the use is inconsistent with a treaty, 
                statute, Executive order, or court decision referred to 
                in paragraph (1)(A); and
                    (B) protect any applicable treaty-based fishing, 
                hunting and gathering, and similar rights relating to 
                the use, access, or enjoyment of a trust asset.
    (d) Termination of Plan.--
            (1) In general.--An Indian tribe may terminate an Indian 
        trust asset management plan on any date after the date on which 
        a proposed Indian trust asset management plan is approved by 
        providing to the Secretary--
                    (A) a notice of the intent of the Indian tribe to 
                terminate the plan; and
                    (B) a resolution of the governing body of the 
                Indian tribe authorizing the termination of the plan.
            (2) Effective date.--A termination of an Indian trust asset 
        management plan under paragraph (1) takes effect on October 1 
        of the first fiscal year following the date on which a notice 
        is provided to the Secretary under paragraph (1)(A).
    (e) Approval of Certain Agreements by Indian Tribe.--
            (1) In general.--Notwithstanding subsection (c)(1), the 
        Secretary may approve an Indian trust asset management plan 
        that includes a provision authorizing the Indian tribe to enter 
        into, approve and carry out a surface leasing transaction or 
        forest land management activity without approval of the 
        Secretary, even though the surface leasing transaction or 
        forest land management activity would require such approval 
        under otherwise applicable law (including regulations), if--
                    (A) the resolution of other action of the governing 
                body of the Indian tribe referred to in section 
                203(c)(2)(B) expressly authorizes the inclusion of such 
                provision in the Indian trust asset management plan;
                    (B) the Indian tribe has adopted regulations 
                expressly incorporated by reference into the Indian 
                trust asset management plan that--
                            (i) with respect to a surface leasing 
                        transaction--
                                    (I) have been approved by the 
                                Secretary pursuant to subsection (h)(4) 
                                of the first section of the Act of 
                                August 9, 1955 (25 U.S.C. 415(h)(4) 
                                titled ``An Act to authorizes the 
                                leasing of restricted Indian lands for 
                                public, religious, educational, 
                                recreational, residential, business, 
                                and other purposes requiring the grant 
                                of long-term leases'' 415(h)(4)), or
                                    (II) have not been approved yet by 
                                the Secretary in accordance with 
                                subclause (I) but that the Secretary 
                                determines at or prior to the time of 
                                approval under this paragraph meet the 
                                requirements of subsection (h)(3) of 
                                the first section of that Act (25 
                                U.S.C. 415(h)(3); or
                            (ii) with respect to forest land management 
                        activities, the Secretary determines--
                                    (I) are consistent with the 
                                regulations of the Secretary adopted 
                                under the National Indian Forest 
                                Resources Management Act (25 U.S.C. 
                                3101 et seq.); and
                                    (II) provide for an environmental 
                                review process that includes--
                                            (aa) the identification and 
                                        evaluation of any significant 
                                        effects of the proposed action 
                                        on the environment; and
                                            (bb) a process for ensuring 
                                        that--

                                                    (AA) the public is 
                                                informed of, and has a 
                                                reasonable opportunity 
                                                to comment on, any 
                                                significant 
                                                environmental impacts 
                                                of the proposed forest 
                                                land management 
                                                activity identified by 
                                                the Indian tribe; and

                                                    (BB) the Indian 
                                                tribe provides 
                                                responses to relevant 
                                                and substantive public 
                                                comments on any such 
                                                impacts before the 
                                                Indian tribe approves 
                                                the timber resource 
                                                transaction.

            (2) Kinds of transactions.--
                    (A) In general.--At the discretion of the Indian 
                tribe, an Indian trust asset management plan may 
                authorize the Indian tribe to carry out either a 
                surface leasing transaction or a forest land management 
                activity, or both of those kinds of transactions and 
                activities.
                    (B) Selection of specific transactions and 
                activities.--At the discretion of the Indian tribe, the 
                Indian tribe may include in the Integrated Resource 
                Management Plan any one, several or all of the kinds of 
                transactions and activities authorized to be included 
                in such plan under subparagraph (A).
            (3) Technical assistance.--The Secretary may provide 
        technical assistance, upon request of the Indian tribe, for 
        development of a regulatory environmental review process 
        required under paragraph (1).
            (4) Indian self-determination act.--The technical 
        assistance to be provided by the Secretary pursuant to 
        paragraph (2) may be made available through contracts, grants, 
        or agreements entered into in accordance with, and made 
        available to entities eligible for, such contracts, grants, or 
        agreements under the Indian Self-Determination Act (25 U.S.C. 
        450 et seq.).
            (5) Federal environmental review.--Notwithstanding 
        paragraph (1), if an Indian tribe carries out a project or 
        activity funded by a Federal agency, the Indian tribe shall 
        have the authority to rely on the environmental review process 
        of the applicable Federal agency rather than any tribal 
        environmental review process under this subsection.
            (6) Documentation.--If an Indian tribe executes a surface 
        leasing transaction or forest land management activity, 
        pursuant to tribal regulations under paragraph (1), the Indian 
        tribe shall provide the Secretary with--
                    (A) a copy of the surface leasing transaction or 
                forest land management activity documents, including 
                any amendments to or renewals of the applicable 
                transaction; and
                    (B) in the case of tribal regulations, a surface 
                leasing transaction, or forest land management 
                activities that allow payments to be made directly to 
                the Indian tribe, documentation of the payments that is 
                sufficient to enable the Secretary to discharge the 
                trust responsibility of the United States under 
                paragraph (7).
            (7) Trust responsibility.--
                    (A) In general.--The United States shall not be 
                liable for losses sustained by any party to a lease 
                executed pursuant to tribal regulations under paragraph 
                (1).
                    (B) Authority of secretary.--Pursuant to the 
                authority of the Secretary to fulfill the trust 
                obligation of the United States to the applicable 
                Indian tribe under Federal law (including regulations), 
                the Secretary may, upon reasonable notice from the 
                applicable Indian tribe and at the discretion of the 
                Secretary, enforce the provisions of, or cancel, any 
                lease executed by the Indian tribe under paragraph (1).
            (8) Compliance.--
                    (A) In general.--An interested party, after 
                exhausting of any applicable tribal remedies, may 
                submit a petition to the Secretary, at such time and in 
                such form as the Secretary determines to be 
                appropriate, to review the compliance of the applicable 
                Indian tribe with any tribal regulations approved by 
                the Secretary under this subsection.
                    (B) Violations.--If, after carrying out a review 
                under subparagraph (A), the Secretary determines that 
                the tribal regulations were violated, the Secretary may 
                take any action the Secretary determines to be 
                necessary to remedy the violation, including rescinding 
                the approval of the tribal regulations and reassuming 
                responsibility for the approval of leases of tribal 
                trust lands.
                    (C) Documentation.--If the Secretary determines 
                that a violation of the tribal regulations has occurred 
                and a remedy is necessary, the Secretary shall--
                            (i) make a written determination with 
                        respect to the regulations that have been 
                        violated;
                            (ii) provide the applicable Indian tribe 
                        with a written notice of the alleged violation 
                        together with such written determination; and
                            (iii) prior to the exercise of any remedy, 
                        the rescission of the approval of the 
                        regulation involved, or the reassumption of the 
                        trust asset transaction approval 
                        responsibilities, provide the applicable Indian 
                        tribe with--
                                    (I) a hearing that is on the 
                                record; and
                                    (II) a reasonable opportunity to 
                                cure the alleged violation.
            (9) Defined terms.--As used in this subsection, the term--
                    (A) ``interested party'' means an Indian or non-
                Indian individual or corporation, or tribal or non-
                tribal government whose interests could be adversely 
                affected by a tribal trust land leasing decision made 
                by an applicable Indian tribe;
                    (B) ``surface leasing transaction'' means a 
                residential, business, agricultural, or wind and solar 
                resource lease of tribal land;
                    (C) ``forest land management activity'' means any 
                one or more of the activities set forth in section 
                304(4) of the National Indian Forest Resources 
                Management Act (25 U.S.C. 3101 et seq.); and
                    (D) ``tribal land'' means land, the title to which 
                is held in trust by the United States for the benefit 
                of an Indian tribe or held in fee by an Indian tribe 
                subject to restrictions against alienation under 
                Federal law.

SEC. 205. EFFECT OF TITLE.

    (a) Liability.--Subject to subparagraph (b), nothing in this title, 
or a trust asset management plan approved under section 204, shall 
independently diminish, increase, create, or otherwise affect the 
liability of the United States or an Indian tribe participating in the 
Project for any loss resulting from the management of an Indian trust 
asset under an Indian trust asset management plan.
    (b) Deviation From Standard Practices.--The United States shall not 
be liable to any party (including any Indian tribe) for any term of, or 
any loss resulting from the terms of, an Indian trust asset management 
plan that provides for management of trust assets at a less stringent 
standard than the Secretary would otherwise require or adhere to in 
absence of an Indian trust asset management plan.
    (c) Effect on Other Laws.--Except for any regulation superseded by 
a trust asset management plan approved under section 204(b), or any 
tribal regulations included in or incorporated by reference in such a 
plan under section 204(e), nothing in this title amends or otherwise 
affects the application of any treaty, statute, regulation, Executive 
order, or court decision that is applicable to Indian trust assets or 
the management or administration of Indian trust assets.
    (d) Trust Responsibility.--Nothing in this title enhances, 
diminishes or otherwise affects the trust responsibility of the United 
States to Indian tribes and individual Indians.

         TITLE III--RESTRUCTURING OFFICE OF THE SPECIAL TRUSTEE

SEC. 301. PURPOSE.

    The purpose of this title is to ensure a more efficient and 
accountable administration of duties of the Secretary of the Interior 
with respect to providing services and programs to Indians and Indian 
tribes, including the management of Indian trust resources.

SEC. 302. DEFINITIONS.

    In this title:
            (1) BIA.--The term ``BIA'' means the Bureau of Indian 
        Affairs.
            (2) Department.--The term ``Department'' means the 
        Department of the Interior.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Under secretary.--The term ``Under Secretary'' means 
        the individual appointed to the position of Under Secretary for 
        Indian Affairs, established by section 303(a).

SEC. 303. UNDER SECRETARY FOR INDIAN AFFAIRS.

    (a) Authorization of Position.--Notwithstanding any other provision 
of law, the Secretary may establish in the Department the position of 
Under Secretary for Indian Affairs, who shall report directly to the 
Secretary.
    (b) Appointment.--
            (1) In general.--Except as provided in paragraph (2), the 
        Under Secretary shall be appointed by the President, by and 
        with the advice and consent of the Senate.
            (2) Exception.--The officer serving as the Assistant 
        Secretary for Indian Affairs on the date of enactment of this 
        Act may assume the position of Under Secretary without 
        appointment under paragraph (1) if--
                    (A) the officer was appointed as Assistant 
                Secretary for Indian Affairs by the President by and 
                with the advice and consent of the Senate; and
                    (B) not later than 180 days after the date of 
                enactment of this Act, the Secretary approves the 
                assumption.
    (c) Duties.--In addition to any other duties directed by the 
Secretary, the Under Secretary shall--
            (1) coordinate with the Special Trustee for American 
        Indians to ensure an orderly transition of any or all functions 
        of the Special Trustee to the BIA or to any other agency or 
        bureau within the Department;
            (2) to the maximum extent practicable, supervise and 
        coordinate activities and policies of the BIA with activities 
        and policies of--
                    (A) the Bureau of Reclamation;
                    (B) the Bureau of Land Management;
                    (C) the Office of Natural Resources Revenue;
                    (D) the National Park Service; and
                    (E) the U.S. Fish and Wildlife Service; and
            (3) provide for regular consultation with Indians and 
        Indian tribes that own interests in trust resources and trust 
        fund accounts.
    (d) Personnel Provisions.--
            (1) Appointments.--The Under Secretary may appoint and fix 
        the compensation of such officers and employees as the Under 
        Secretary determines to be necessary to carry out any function 
        transferred under this section.
            (2) Requirements.--Except as otherwise provided by law--
                    (A) any officer or employee described in paragraph 
                (1) shall be appointed in accordance with the civil 
                service laws;
                    (B) the compensation of such an officer or employee 
                shall be fixed in accordance with title 5, United 
                States Code; and
                    (C) in appointing or otherwise hiring any employee, 
                the Under Secretary shall give preference to Indians in 
                accordance with section 12 of the Act of June 8, 1934 
                (25 U.S.C. 472).

SEC. 304. OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS.

    (a) Report to Congress.--Notwithstanding sections 302 and 303 of 
the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 
4042; 4043), the Secretary 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, Committee on Indian Affairs of the Senate, and the 
House and Senate Committees on Appropriations, within one year after 
enactment of this Act, a report that includes the following:
            (1) Identification of all functions, other than the 
        collection, management, and investment of Indian trust funds, 
        that the Office of the Special Trustee performs, either 
        independently or in concert with the BIA or other federal 
        agencies, specifically those functions that affect or relate to 
        management of non-monetary trust resources;
            (2) A description of any functions of the Office of the 
        Special Trustee that will be transitioned to the BIA or other 
        bureaus or agencies within the Department, together with 
        applicable timeframes; and
            (3) A transition plan and timetable for the termination of 
        the Office of the Special Trustee to occur not later than 2 
        years after the date of the report.
    (b) Fiduciary Trust Officers.--Subject to applicable law and 
regulations, the Secretary shall, at the request of an Indian tribe or 
consortia of Indian tribes, include fiduciary trust officers in a 
contract, compact, or cooperative agreement under the Indian Self-
Determination and Education Assistance Act (Public Law 93-638), as 
amended.

SEC. 305. APPRAISALS AND VALUATIONS.

    (a) In General.--Within 18 months of enactment of this Act, the 
Secretary shall, in consultation with Indian tribes and tribal 
organizations, ensure that appraisals and valuations of Indian trust 
property are administered by a single bureau, agency or other 
administrative entity within the Department.
    (b) Minimum Qualifications.--Within one year of enactment of this 
Act, the Secretary shall establish and publish in the Federal Register 
minimum qualifications for persons to prepare appraisals and valuations 
of Indian trust property.
    (c) Secretarial Approval.--When an Indian tribe or Indian 
beneficiary submits an appraisal or valuation to the Secretary that 
satisfies the minimum qualifications in paragraph (2) and such 
submission acknowledges the tribe or beneficiary's intent to have the 
appraisal or valuation considered under this subsection, the appraisal 
or valuation--
            (1) shall not require any further Secretarial review or 
        approval; and
            (2) shall be considered final for purposes of effectuating 
        the transaction for which the appraisal or valuation is 
        required.

SEC. 306. COST SAVINGS.

    (a) In General.--For any program, function, service, or activity 
(or any portions of programs, functions, services, or activities) of 
the Office of the Special Trustee that will not have to operate or 
carry out as a result of any transfer of functions and personnel under 
this title, the Secretary shall, within 60 days--
            (1) identify the amounts that the Secretary would have 
        otherwise expended to operate or carry out each program, 
        function, service, and activity (or any portion of a program, 
        function, service, or activity); and
            (2) provide to the Secretary and the tribal representatives 
        of the Tribal/Interior Budget Council, or the representatives 
        of any other appropriate entity that advises the Secretary on 
        Indian program budget or funding issues, the list of the 
        programs, functions, services, and activities (or any portions 
        of programs, functions, services, or activities) identified 
        pursuant paragraph (1) and the amounts associated with each 
        program, function, service, and activity (or any portion of a 
        program, function, service, or activity).
    (b) Tribal Recommendations.--Within 90 days of receipt of the 
information in subsection (a)(2), the tribal representatives of the 
Tribal/Interior Budget Council, or the representatives of any other 
appropriate entity that advises the Secretary on Indian program budget 
or funding issues, may provide recommendations on how any amounts or 
cost savings should be reallocated, incorporated into future budget 
requests, or appropriated, to the--
            (1) Secretary;
            (2) Office of Management and Budget;
            (3) Committee on Appropriations of the House of 
        Representatives;
            (4) Committee on Natural Resources of the House 
        Representatives;
            (5) Committee on Appropriations of the Senate; and
            (6) Committee on Indian Affairs of the Senate.
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