[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 383 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 383

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 5, 2015

 Mr. Crapo (for himself and Mr. Risch) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 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. Findings.
Sec. 102. Reaffirmation of policy.
     TITLE II--INDIAN TRUST ASSET MANAGEMENT DEMONSTRATION PROJECT

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 THE OFFICE OF THE SPECIAL TRUSTEE

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

              TITLE I--RECOGNITION OF TRUST RESPONSIBILITY

SEC. 101. FINDINGS.

    Congress, after careful review of the historical and special legal 
relationship of the United States with, and resulting responsibilities 
to, Indians, 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 nation assumes a duty of 
        protection for the weaker nation, which does not surrender the 
        right to self-government;
            (2) the fiduciary responsibilities of the United States 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. REAFFIRMATION OF POLICY.

    Pursuant to the constitutionally vested authority of Congress over 
Indian affairs, Congress reaffirms that the fiduciary responsibilities 
of the United States to Indian tribes include a duty to promote tribal 
self-determination regarding governmental authority and economic 
development.

     TITLE II--INDIAN TRUST ASSET MANAGEMENT DEMONSTRATION PROJECT

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) Indian tribe.--The term ``Indian tribe'' means an 
        Indian tribe that--
                    (A) is federally recognized; and
                    (B) submits an application under section 203(c).
            (2) Project.--The term ``Project'' means the Indian trust 
        asset management demonstration project established under 
        section 203(a).
            (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) In general.--An Indian tribe shall be eligible to 
        participate in the Project if--
                    (A) the Indian tribe submits to the Secretary an 
                application under subsection (c); and
                    (B) 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--
            (1) shall remain in effect for a period of 10 years after 
        the date of enactment of this Act; but
            (2) 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.--On receipt of a 
        written request from an Indian tribe, the Secretary shall 
        provide to the Indian tribe any technical assistance and 
        information, including budgetary information, that the Indian 
        tribe determines to be necessary for preparation of a proposed 
        plan.
    (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 1 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 by 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 a determination of the Secretary under this 
        subsection 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); and
                    (B) the Indian tribe has exhausted all other 
                administrative remedies available to the Indian tribe.
    (c) Applicable Laws; Standards; Trust Responsibility.--
            (1) Applicable provisions.--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 treaties, statutes, 
        Executive orders, and court decisions referred to in paragraph 
        (1), 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 each applicable trust asset by the 
                beneficial owner, unless the use is inconsistent with a 
                provision referred to in paragraph (1); 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) Definitions.--In this subsection:
                    (A) Forest land management activity.--The term 
                ``forest land management activity'' means any activity 
                described in section 304(4) of the National Indian 
                Forest Resources Management Act (25 U.S.C. 3103(4)).
                    (B) Interested party.--The term ``interested 
                party'' means an Indian or non-Indian individual, 
                entity, or government the interests of which could be 
                adversely affected by a tribal trust land leasing 
                decision made by an applicable Indian tribe.
                    (C) Surface leasing transaction.--The term 
                ``surface leasing transaction'' means a residential, 
                business, agricultural, or wind or solar resource lease 
                of land the title to which is held--
                            (i) in trust by the United States for the 
                        benefit of an Indian tribe; or
                            (ii) in fee by an Indian tribe, subject to 
                        restrictions against alienation under Federal 
                        law.
            (2) Approval by secretary.--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, regardless of whether the surface 
        leasing transaction or forest land management activity would 
        require such an approval under otherwise applicable law 
        (including regulations), if--
                    (A) the resolution or other action of the governing 
                body of the Indian tribe referred to in section 
                203(c)(2)(A) expressly authorizes the inclusion of the 
                provision in the Indian trust asset management plan; 
                and
                    (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)); 
                                or
                                    (II) have not yet been approved 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 timber 
                                                resource transaction 
                                                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.

            (3) Types 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 a surface 
                leasing transaction, a forest land management activity, 
                or both.
                    (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 1 or more of the transactions and 
                activities authorized to be included in the plan under 
                subparagraph (A).
            (4) Technical assistance.--
                    (A) In general.--The Secretary may provide 
                technical assistance, on request of an Indian tribe, 
                for development of a regulatory environmental review 
                process required under paragraph (2)(B)(ii)(II).
                    (B) Indian self-determination and education 
                assistance act.--The technical assistance to be 
                provided by the Secretary pursuant to subparagraph (A) 
                may be made available through contracts, grants, or 
                agreements entered into in accordance with, and made 
                available to entities eligible for, contracts, grants, 
                or agreements under the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450 et seq.).
            (5) Federal environmental review.--Notwithstanding 
        paragraph (2), 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 timber resource transaction pursuant to 
        tribal regulations under paragraph (2), the Indian tribe shall 
        provide to the Secretary--
                    (A) a copy of the surface leasing transaction or 
                timber resource transaction 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 
                (2).
                    (B) Authority of secretary.--Pursuant to the 
                authority of the Secretary to fulfill the trust 
                obligation of the United States to Indian tribes under 
                Federal law (including regulations), the Secretary may, 
                on 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 (2).
            (8) Compliance.--
                    (A) In general.--An interested party, after 
                exhausting any applicable tribal remedies, may submit 
                to the Secretary a petition, at such time and in such 
                form as the Secretary determines to be appropriate, to 
                review the compliance of an applicable Indian tribe 
                with any tribal regulations approved by the Secretary 
                under this subsection.
                    (B) Violations.--If the Secretary determines under 
                subparagraph (A) that a violation of tribal regulations 
                has occurred, 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 land.
                    (C) Documentation.--If the Secretary determines 
                under subparagraph (A) that a violation of 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 to the applicable Indian tribe 
                        a written notice of the alleged violation, 
                        together with the 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 to the applicable 
                        Indian tribe--
                                    (I) a hearing on the record; and
                                    (II) a reasonable opportunity to 
                                cure the alleged violation.

SEC. 205. EFFECT OF TITLE.

    (a) Liability.--Subject to subsection (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 a trust asset 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 with respect to any regulation 
superseded by a trust asset management plan approved under section 
204(b), or any tribal regulation included 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 or individual Indians.

       TITLE III--RESTRUCTURING THE 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 under section 303(a).

SEC. 303. UNDER SECRETARY FOR INDIAN AFFAIRS.

    (a) Establishment 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 individual 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) that individual 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 the 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 United States 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 18, 1934 
                (25 U.S.C. 472).

SEC. 304. OFFICE OF 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), not later than 1 year after the date of enactment of this 
Act, the Secretary shall prepare and, after consultation with Indian 
tribes and appropriate Indian organizations, submit to the Committee on 
Natural Resources of the House of Representatives, the Committee on 
Indian Affairs of the Senate, and the Committees on Appropriations of 
the House of Representatives and the Senate a report that includes--
            (1) an identification of all functions, other than the 
        collection, management, and investment of Indian trust funds, 
        that the Office of the Special Trustee performs independently 
        or in concert with the BIA or other Federal agencies, 
        specifically those functions that affect or relate to 
        management of nonmonetary 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 the 
        timeframes for those transfers; 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 submission of the report.
    (b) Fiduciary Trust Officers.--Subject to applicable law and 
regulations, the Secretary, at the request of an Indian tribe or 
consortia of Indian tribes, shall include fiduciary trust officers in a 
contract, compact, or cooperative agreement under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.).

SEC. 305. APPRAISALS AND VALUATIONS.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Secretary, in consultation with Indian 
tribes and tribal organizations, shall 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.--Not later than 1 year after the date 
of enactment of this Act, the Secretary shall establish and publish in 
the Federal Register minimum qualifications for individuals to prepare 
appraisals and valuations of Indian trust property.
    (c) Secretarial Approval.--In any case in which an Indian tribe or 
Indian beneficiary submits to the Secretary an appraisal or valuation 
that satisfies the minimum qualifications described in subsection (b), 
and that submission acknowledges the intent of the Indian tribe or 
beneficiary to have the appraisal or valuation considered under this 
section, the appraisal or valuation--
            (1) shall not require any additional review or approval by 
        the Secretary; and
            (2) shall be considered to be final for purposes of 
        effectuating the transaction for which the appraisal or 
        valuation is required.

SEC. 306. COST SAVINGS.

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