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

<DOC>





                                                       Calendar No. 364
114th CONGRESS
  2d Session
                                 S. 383

                          [Report No. 114-207]

  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, Mr. Risch, and Mrs. Murray) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

                            February 8, 2016

              Reported by Mr. Barrasso, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Indian 
Trust Asset Reform Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

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

<DELETED>Sec. 101. Findings.
<DELETED>Sec. 102. Reaffirmation of policy.
 <DELETED>TITLE II--INDIAN TRUST ASSET MANAGEMENT DEMONSTRATION PROJECT

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

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

    <DELETED>TITLE I--RECOGNITION OF TRUST RESPONSIBILITY</DELETED>

<DELETED>SEC. 101. FINDINGS.</DELETED>

<DELETED>    Congress, after careful review of the historical and 
special legal relationship of the United States with, and resulting 
responsibilities to, Indians, finds that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 102. REAFFIRMATION OF POLICY.</DELETED>

<DELETED>    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.</DELETED>

    <DELETED>TITLE II--INDIAN TRUST ASSET MANAGEMENT DEMONSTRATION 
                           PROJECT</DELETED>

<DELETED>SEC. 201. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 202. DEFINITIONS.</DELETED>

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

<DELETED>SEC. 203. ESTABLISHMENT OF DEMONSTRATION PROJECT; SELECTION OF 
              PARTICIPATING INDIAN TRIBES.</DELETED>

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

<DELETED>SEC. 204. INDIAN TRUST ASSET MANAGEMENT PLAN.</DELETED>

<DELETED>    (a) Proposed Plan.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Contents.--A proposed Indian trust asset 
        management plan shall include provisions that--</DELETED>
                <DELETED>    (A) identify the trust assets that will be 
                subject to the plan;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) identify the functions or 
                        activities that are being performed by the 
                        Indian tribe under the contracts or compacts; 
                        and</DELETED>
                        <DELETED>    (ii) describe the practices and 
                        procedures that the Indian tribe will 
                        follow;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (G) identify any Federal regulations that 
                will be superseded by the plan.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Approval and Disapproval of Proposed Plans.--
</DELETED>
        <DELETED>    (1) Approval.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Requirements for disapproval.--The 
                Secretary shall approve a proposed plan unless the 
                Secretary determines that--</DELETED>
                        <DELETED>    (i) the proposed plan fails to 
                        address a requirement under subsection 
                        (a)(2);</DELETED>
                        <DELETED>    (ii) the proposed plan includes 1 
                        or more provisions that are inconsistent with 
                        subsection (c); or</DELETED>
                        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Action on disapproval.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the Secretary disapproves the proposed 
                plan of the Indian tribe under paragraph (1); 
                and</DELETED>
                <DELETED>    (B) the Indian tribe has exhausted all 
                other administrative remedies available to the Indian 
                tribe.</DELETED>
<DELETED>    (c) Applicable Laws; Standards; Trust Responsibility.--
</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) protect any applicable treaty-based 
                fishing, hunting and gathering, and similar rights 
                relating to the use, access, or enjoyment of a trust 
                asset.</DELETED>
<DELETED>    (d) Termination of Plan.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) a notice of the intent of the Indian 
                tribe to terminate the plan; and</DELETED>
                <DELETED>    (B) a resolution of the governing body of 
                the Indian tribe authorizing the termination of the 
                plan.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (e) Approval of Certain Agreements by Indian Tribe.--
</DELETED>
        <DELETED>    (1) Definitions.--In this subsection:</DELETED>
                <DELETED>    (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)).</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) in trust by the United States 
                        for the benefit of an Indian tribe; 
                        or</DELETED>
                        <DELETED>    (ii) in fee by an Indian tribe, 
                        subject to restrictions against alienation 
                        under Federal law.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) the Indian tribe has adopted 
                regulations expressly incorporated by reference into 
                the Indian trust asset management plan that--</DELETED>
                        <DELETED>    (i) with respect to a surface 
                        leasing transaction--</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (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</DELETED>
                        <DELETED>    (ii) with respect to forest land 
                        management activities, the Secretary 
                        determines--</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (II) provide for an 
                                environmental review process that 
                                includes--</DELETED>
                                        <DELETED>    (aa) the 
                                        identification and evaluation 
                                        of any significant effects of 
                                        the proposed action on the 
                                        environment; and</DELETED>
                                        <DELETED>    (bb) a process for 
                                        ensuring that--</DELETED>

                                                <DELETED>    (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</DELETED>

                                                <DELETED>    (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.</DELETED>

        <DELETED>    (3) Types of transactions.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (4) Technical assistance.--</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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.).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) a copy of the surface leasing 
                transaction or timber resource transaction documents, 
                including any amendments to, or renewals of, the 
                applicable transaction; and</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (7) Trust responsibility.--</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (8) Compliance.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) make a written determination 
                        with respect to the regulations that have been 
                        violated;</DELETED>
                        <DELETED>    (ii) provide to the applicable 
                        Indian tribe a written notice of the alleged 
                        violation, together with the written 
                        determination; and</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (I) a hearing on the 
                                record; and</DELETED>
                                <DELETED>    (II) a reasonable 
                                opportunity to cure the alleged 
                                violation.</DELETED>

<DELETED>SEC. 205. EFFECT OF TITLE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

      <DELETED>TITLE III--RESTRUCTURING THE OFFICE OF THE SPECIAL 
                           TRUSTEE</DELETED>

<DELETED>SEC. 301. PURPOSE.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 302. DEFINITIONS.</DELETED>

<DELETED>    In this title:</DELETED>
        <DELETED>    (1) BIA.--The term ``BIA'' means the Bureau of 
        Indian Affairs.</DELETED>
        <DELETED>    (2) Department.--The term ``Department'' means the 
        Department of the Interior.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (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).</DELETED>

<DELETED>SEC. 303. UNDER SECRETARY FOR INDIAN AFFAIRS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Appointment.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) not later than 180 days after the date 
                of enactment of this Act, the Secretary approves the 
                assumption.</DELETED>
<DELETED>    (c) Duties.--In addition to any other duties directed by 
the Secretary, the Under Secretary shall--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) to the maximum extent practicable, supervise 
        and coordinate activities and policies of the BIA with 
        activities and policies of--</DELETED>
                <DELETED>    (A) the Bureau of Reclamation;</DELETED>
                <DELETED>    (B) the Bureau of Land 
                Management;</DELETED>
                <DELETED>    (C) the Office of Natural Resources 
                Revenue;</DELETED>
                <DELETED>    (D) the National Park Service; 
                and</DELETED>
                <DELETED>    (E) the United States Fish and Wildlife 
                Service; and</DELETED>
        <DELETED>    (3) provide for regular consultation with Indians 
        and Indian tribes that own interests in trust resources and 
        trust fund accounts.</DELETED>
<DELETED>    (d) Personnel Provisions.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Requirements.--Except as otherwise provided by 
        law--</DELETED>
                <DELETED>    (A) any officer or employee described in 
                paragraph (1) shall be appointed in accordance with the 
                civil service laws;</DELETED>
                <DELETED>    (B) the compensation of such an officer or 
                employee shall be fixed in accordance with title 5, 
                United States Code; and</DELETED>
                <DELETED>    (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).</DELETED>

<DELETED>SEC. 304. OFFICE OF SPECIAL TRUSTEE FOR AMERICAN 
              INDIANS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.).</DELETED>

<DELETED>SEC. 305. APPRAISALS AND VALUATIONS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) shall not require any additional review or 
        approval by the Secretary; and</DELETED>
        <DELETED>    (2) shall be considered to be final for purposes 
        of effectuating the transaction for which the appraisal or 
        valuation is required.</DELETED>

<DELETED>SEC. 306. COST SAVINGS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) the programs, functions, services, and 
                activities (or any portion of a program, function, 
                service, or activity) identified under paragraph (1); 
                and</DELETED>
                <DELETED>    (B) the amounts associated with each 
                program, function, service, and activity (or portion of 
                a program, function, service, or activity).</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) the Secretary;</DELETED>
        <DELETED>    (2) the Office of Management and Budget;</DELETED>
        <DELETED>    (3) the Committee on Appropriations of the House 
        of Representatives;</DELETED>
        <DELETED>    (4) the Committee on Natural Resources of the 
        House of Representatives;</DELETED>
        <DELETED>    (5) the Committee on Appropriations of the Senate; 
        and</DELETED>
        <DELETED>    (6) the Committee on Indian Affairs of the 
        Senate.</DELETED>

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. Forest land management and surface leasing activities.
Sec. 206. Effect of title.

       TITLE III--IMPROVING EFFICIENCY AND STREAMLINING PROCESSES

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 finds that--
            (1) there exists a unique relationship between the 
        Government of the United States and the governments of Indian 
        tribes;
            (2) there exists a unique Federal responsibility to 
        Indians;
            (3) through treaties, statutes, and historical relations 
        with Indian tribes, the United States has undertaken a unique 
        trust responsibility to protect and support Indian tribes and 
        Indians;
            (4) 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
            (5) the foregoing historic Federal-tribal relations and 
        understandings have benefitted the people of the United States 
        as a whole for centuries and have 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.--``Indian tribe'' has the meaning given 
        the term in the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b).
            (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 or will be performed by the 
                        Indian tribe under the contracts, compacts, or 
                        other agreements under that Act, which may 
                        include any of the surface leasing or forest 
                        land management activities authorized by the 
                        proposed plan pursuant to section 205(b); 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.--Subject to section 205, 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 any treaties, 
statutes, and Executive orders that are applicable to the trust assets, 
or the management of the trust assets, identified in the plan.
    (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).

SEC. 205. FOREST LAND MANAGEMENT AND SURFACE LEASING ACTIVITIES.

    (a) Definitions.--In this section:
            (1) 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)).
            (2) 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.
            (3) 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--
                    (A) in trust by the United States for the benefit 
                of an Indian tribe; or
                    (B) in fee by an Indian tribe, subject to 
                restrictions against alienation under Federal law.
    (b) Approval by Secretary.--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--
            (1) 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
            (2) the Indian tribe has adopted regulations expressly 
        incorporated by reference into the Indian trust asset 
        management plan that--
                    (A) 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 clause (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
                    (B) 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--
                                    (I) the identification and 
                                evaluation of any significant effects 
                                of the proposed action on the 
                                environment; and
                                    (II) a process consistent with the 
                                regulations described in clause (i) 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 
                                        forest land management 
                                        activity.
    (c) Types of Transactions.--
            (1) 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.
            (2) 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 subsection (b).
    (d) Technical Assistance.--
            (1) In general.--The Secretary may provide technical 
        assistance, on request of an Indian tribe, for development of a 
        regulatory environmental review process required under 
        subsection (b)(2)(B)(ii).
            (2) Indian self-determination and education assistance 
        act.--The technical assistance to be provided by the Secretary 
        pursuant to paragraph (1) 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.).
    (e) Federal Environmental Review.--Notwithstanding subsection (b), 
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.
    (f) Documentation.--If an Indian tribe executes a surface leasing 
transaction or forest land management activity pursuant to tribal 
regulations under paragraph (2), the Indian tribe shall provide to the 
Secretary--
            (1) a copy of the surface leasing transaction or forest 
        land management activity documents, including any amendments 
        to, or renewals of, the applicable transaction; and
            (2) 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).
    (g) Trust Responsibility.--
            (1) In general.--The United States shall not be liable for 
        losses sustained--
                    (A) by an Indian tribe as a result of the execution 
                of any forest land management activity pursuant to 
                tribal regulations under subsection (b); or
                    (B) by any party to a lease executed pursuant to 
                tribal regulations under subsection (b).
            (2) 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 this section.
    (h) Compliance.--
            (1) 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.
            (2) Violations.--If the Secretary determines under 
        paragraph (1) 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.
            (3) Documentation.--If the Secretary determines under 
        paragraph (1) that a violation of tribal regulations has 
        occurred and a remedy is necessary, the Secretary shall--
                    (A) make a written determination with respect to 
                the regulations that have been violated;
                    (B) provide to the applicable Indian tribe a 
                written notice of the alleged violation, together with 
                the written determination; and
                    (C) 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. 206. EFFECT OF TITLE.

    (a) Liability.--Subject to section 205 and this section, nothing in 
this title or an Indian 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 of Termination of Plan.--Subsection (b) applies to 
losses resulting from a transaction or activity described in that 
subsection even if the Indian trust asset management plan is terminated 
under section 204(d) or rescinded under section 205(h).
    (d) Effect on Other Laws.--
            (1) In general.--Except as provided in subsection (e) and 
        sections 204 and 205, nothing in this title amends or otherwise 
        affects the application of any treaty, statute, regulation, or 
        Executive order that is applicable to Indian trust assets or 
        the management or administration of Indian trust assets.
            (2) Indian self-determination act.--Nothing in this title 
        limits or otherwise affects the authority of an Indian tribe, 
        including an Indian tribe participating in the Project, to 
        enter into and carry out a contract, compact, or other 
        agreement under the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450 et seq.) (including regulations).
    (e) Separate Approval.--An Indian tribe may submit to the Secretary 
tribal regulations described in section 205(b) governing forest land 
management activities for review and approval under this title if the 
Indian tribe does not submit or intend to submit an Indian trust asset 
management plan.
    (f) 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--IMPROVING EFFICIENCY AND STREAMLINING PROCESSES

SEC. 301. PURPOSE.

    The purpose of this title is to ensure a more efficient and 
streamlined 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 1 or more appropriate agencies, offices, or 
        bureaus within the Department, as determined by the Secretary;
            (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 other bureaus or 
        agencies within the Department prior to the termination date of 
        the Office, as described in paragraph (3), 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, unless the 
        Secretary determines that an orderly transition cannot be 
        accomplished during that time period, in which case the report 
        shall include--
                    (A) a statement of all reasons why the transition 
                cannot be effected within that time period; and
                    (B) an alternative date for completing the 
                transition.
    (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 other agreement under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.).
    (c) Effect of Section.--Nothing in this section or the report under 
this section--
            (1) terminates the Office of the Special Trustee; or
            (2) affects the application of sections 302 and 303 of the 
        American Indian Trust Fund Management Reform Act of 1994 (25 
        U.S.C. 4042, 4043).

SEC. 305. APPRAISALS AND VALUATIONS.

    (a) In General.--Notwithstanding section 304, 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.--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 
after the date of enactment of this Act as a result of a transfer of 
functions and personnel, 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.
                                                       Calendar No. 364

114th CONGRESS

  2d Session

                                 S. 383

                          [Report No. 114-207]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            February 8, 2016

                       Reported with an amendment