[Congressional Record Volume 162, Number 29 (Wednesday, February 24, 2016)]
[House]
[Pages H879-H884]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INDIAN TRUST ASSET REFORM ACT
Mr. McCLINTOCK. Mr. Speaker, I move to suspend the rules and pass the
[[Page H880]]
bill (H.R. 812) to provide for Indian trust asset management reform,
and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 812
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. 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
responsibility of the United States to Indian tribes includes
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 2016''.
SEC. 202. DEFINITIONS.
In this title:
(1) Indian tribe.--The term ``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.
[[Page H881]]
(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 referred to
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 section.
(f) Documentation.--If an Indian tribe executes a surface
leasing transaction or forest land management activity,
pursuant to tribal regulations under subsection (b)(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 subsection (g).
(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 sections 204 and 205
and subsection (e), 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
[[Page H882]]
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 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 one 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) Information to Congress.--Notwithstanding sections 302
and 303 of the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4042 and 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--
(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, unless the Secretary
determines than an orderly transition cannot be accomplished
within 2 years, in which case the Secretary shall include--
(A) a statement of all reasons why the transition cannot be
effected within that time; 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 a consortium 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
submission required by this section--
(1) shall cause the Office of the Special Trustee to
terminate; or
(2) affect the application of sections 302 and 303 of the
American Indian Trust Fund Management Reform Act of 1994 (25
U.S.C. 4042 and 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 as a result of a transfer of
functions and personnel following enactment of this Act, 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. McClintock) and the gentlewoman from Massachusetts (Ms.
Tsongas) each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. McCLINTOCK. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. McCLINTOCK. Mr. Speaker, I yield myself such time as I may
consume.
[[Page H883]]
Mr. Speaker, I rise in support of H.R. 812, which is sponsored by our
respected colleague from Idaho, Congressman Simpson. This measure
reforms tribal sovereignty made to America's Indian nations.
Specifically, this bill provides new authority to tribal governments
to manage and develop their trust assets according to their own best
judgment and the wishes of their own constituencies rather than an
historically inept and often clueless bureaucracy in Washington. These
nations are either sovereign or they are not, and the essence of
sovereignty is self-determination.
Under this act, participating tribes will have the option of entering
into disagreements with the Department of the Interior to take over
management of the resources within their own jurisdictions. This bill
also builds upon other congressional initiatives like the HEARTH Act of
2012, which deferred to a tribe's own judgment about what is in the
best interests for their own lands.
This bill has strong bipartisan support both here in the House as
well as the U.S. Senate. Additionally, the bill is supported by the
National Congress of American Indians, Confederated Tribes of the
Colville Reservation, the Intertribal Timber Council, and the
Affiliated Tribes of Northwest Indians, which include 57 tribal
governments in Oregon, Idaho, Washington, southeast Alaska, northern
California, and Montana.
I urge passage of the bill, and I reserve the balance of my time.
Ms. TSONGAS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 812 will take an important step in fulfilling our
fiduciary responsibility to Indian tribes by modernizing the Indian
trust asset management system.
The Indian Trust Asset Reform Act will streamline the bureaucratic
process that has often been a hindrance to successful trust management,
while also rightfully giving tribes the options to manage their own
assets.
Through the trust asset demonstration project created in the bill,
tribes can, at their own election, develop asset management plans with
the Secretary of the Interior in order to better manage and develop
their lands and natural resources.
As has been shown time and time again, tribal governments are the
ones best suited to make decisions for their own people and their own
communities.
Additionally, while the Office of the Special Trustee, or OST, has
implemented positive reforms since its creation in 1994, the time has
come to transition to a more modern, efficient, and accountable system
for the management of Indian trust resources.
To that end, H.R. 812 would consolidate the functions of the Bureau
of Indian Affairs and the OST into one office within the Department of
the Interior, headed by a new undersecretary of Indian Affairs.
Mr. Speaker, we fully support H.R. 812, and I urge its swift
adoption.
Mr. Speaker, I reserve the balance of my time.
Mr. McCLINTOCK. Mr. Speaker, I yield such time as he may consume to
the distinguished gentleman from Idaho (Mr. Simpson), the author of
this measure and an indefatigable fighter for the Indian nations of our
country.
Mr. SIMPSON. Mr. Speaker, I would like to thank the full committee
chairman, Mr. Bishop; the ranking member, Mr. Grijalva; the
subcommittee chairman, Mr. McClintock, and the ranking member, Ms.
Tsongas, for considering this bill.
The relationship between Native Americans and the United States
Government is complicated, not well understood, and filled with
inconsistencies. Today Indian Country faces a number of serious
challenges, ranging from addressing abject poverty to trying to promote
economic development in the face of inefficient bureaucracy.
The Federal Government has a trust responsibility to meet its
commitments to Indian Country. Yet in many cases, Federal agencies
hinder, rather than help, tribes provide for their members. This is
illustrated by the settlement of the Cobell litigation and the scores
of tribal trust lawsuits over the past few years, which have cost
taxpayers more than $5.5 billion.
A number of tribes, including many in the Northwest, have been
working to address some of the challenges that they face in managing
tribal trust assets. Many tribes are capable of effectively and
efficiently managing their own assets--and often are better equipped to
do so than the agencies currently responsible for that management. Yet,
in order to have a say in how these assets are managed, they must swim
upstream against a muddled Federal bureaucracy.
This is why I introduced H.R. 812, the Indian Trust Asset Reform Act.
This legislation had its origins with the tribes themselves, which is
where Congress should always start when it takes up issues affecting
Indian Country. H.R. 812 was developed and has been endorsed by the
Affiliated Tribes of Northwest Indians, the National Congress of
American Indians, the United South & Eastern Tribes, the Intertribal
Timber Council, and the U.S. Chamber of Commerce.
H.R. 812 will do several things to modernize the Federal Government's
role in managing Indian trust property. First, it would establish a
voluntary demonstration project to give Indian tribes more control over
the management of their trust assets. This will provide Indian tribes
with new flexibility to direct management of these assets under tribal
standards rather than Federal standards that are often outdated and
inefficient.
As part of the negotiated demonstration project, Indian tribes would
be able to conduct forest management activities on their own tribal
lands through a process similar to the HEARTH Act of 2012, which the
administration has strongly supported and has proven successful in
promoting tribal self-determination and self-governance.
H.R. 812 would also authorize the Indian tribes and Indian
beneficiaries, on a voluntary basis, to obtain appraisals of their
trust property without having to wait for the Department of the
Interior to approve them. This new authority would provide relief to
all in Indian Country who currently endure lengthy delays in selling or
leasing their trust land while they wait for the Department to review
and approve appraisals.
Finally, the bill would direct the Secretary of the Interior to
consult with Indian Country and provide certain information to Congress
about the Office of the Special Trustee. OST was originally intended as
a temporary entity to oversee certain financial reforms of Indian trust
funds at the Department of the Interior. More than 20 years later, OST
has significant involvement in the day-to-day transactions. Tribes have
long complained about the miscommunications, delays, and inefficiencies
that result from trying to navigate the processes of both OST and the
Bureau of Indian Affairs. The information the bill requires the
Secretary to provide will assist Congress in determining the future of
OST.
It is worth noting that this bill has undergone a number of changes
since introduction. The bill has been revised to incorporate input not
only from the committees of jurisdiction in both Chambers, but also
from the Department of the Interior, the Department of Justice, tribal
organizations, and individual Indian tribes.
The Congressional Budget Office has found that H.R. 812 would not
affect the Federal Government's overall costs.
I would also point out that H.R. 812 is a voluntary program intended
to provide tribes with new flexibility to promote economic development.
Where tribes are not willing or able to take on these responsibilities,
they will not have to.
H.R. 812 is just one aspect in a larger conversation on improving the
management of tribal trust assets. If enacted into law, this bill would
be an important step in providing tribes with the autonomy they need to
manage their assets and spur economic growth in their communities.
I want to thank Chairman McClintock and his committee, and Chairmen
Bishop and Young and their staffs for their work on this bill. They
have held two hearings and graciously taken input from tribes and the
administration, which is why we are here today with this legislation.
{time} 1445
Finally, I want to thank the tribes that have offered their expertise
in the crafting of this bill. Just like the intentions of the
underlying bill, Indian
[[Page H884]]
Country deserves to be in the driver's seat when making decisions about
their own future.
Ms. TSONGAS. Mr. Speaker, I yield such time as he may consume to the
gentleman from Washington (Mr. Heck).
Mr. HECK of Washington. Mr. Speaker, I rise today to support H.R.
812, the Indian Trust Asset Reform Act, and I commend it to you for
your positive consideration.
When you stop and think about it, this word ``trust'' actually has
two pretty distinct meanings. It can be the belief that someone or
something is honest, trustworthy, the belief that you can take them at
their word.
On the other hand, ``trust'' can also be a financial or a property
arrangement. A trust is legally held or managed by someone else. It
could be for your kids or your grandkids or any beneficiary.
But the irony is a trust in the property management sense is that
that often arises out of a lack of trust, as in honesty, when it comes
to the person or source receiving the money. It is not a check handed
over. It is a financial arrangement with conditions or requirements.
When it comes to Indian Country, they have plenty of historical
reasons to lack trust when it comes to the Federal Government; but, the
Federal Government does not have reasons to not trust Indian Country's
ability to manage their own resources, and natural resources are what
have always been the most important asset in Indian Country.
The Indian Trust Asset Reform Act is based on the simple notion that
Indian Country prospers when tribes have the opportunity to make their
own decisions and chart their own paths. This is what self-
determination looks like. This is what sovereignty looks like.
Many tribes, particularly those in my home State of Washington, are
among the largest employers and natural resource managers in the entire
region. Tribes in the Pacific Northwest have an abundance of trust
resources on their land, from timber to rangeland, to fishery
resources.
These tribes count on the ability to make decisions quickly to adjust
to changing circumstances and to maintain vibrant communities for their
members and the region as a whole.
H.R. 812 advances this idea by giving tribes new authority to propose
and enter into management plans with the Department of Interior, plans
that put the tribes in the driver's seat.
H.R. 812 also returns more control to tribal members, who are often
frustrated by, as has been noted earlier, years-long delays that they
must go through in obtaining Federal approval to sell or lease or
otherwise manage their trust lands.
H.R. 812 would give individuals and tribes a new option to complete
these transactions without having to wait for the Department of
Interior to go through all that lengthy review and approval process.
Accordingly, it will save time, it will save money, but, most
importantly, it will allow the tribes to make their own decisions about
how to use their historic lands.
When we find commonsense fixes like this, we restore some of the
trust, in the first meaning of the word, and build upon the trust that
is already there.
Twenty-seven years ago, if I may make a personal note, I had the
privilege to join the office of Governor Booth Gardner in a role that
would quickly become chief of staff. Fairly shortly, we signed off on a
document known as the Centennial Accord. My good friend and colleague
from Washington State will recall it well.
Basically, it was the first memorialization in the history of the
United States that recognized the government-to-government relationship
between the tribes and the State of Washington.
I have said regularly since, in an intermittent public service career
extending back 40-some years, I have no higher point of pride than the
small role I played in that, lo, those many years ago.
Accordingly, I would like to thank Congressman Simpson very much for
his leadership on this bill and for allowing me the privilege to be the
Democratic lead cosponsor.
I would like to add my expression of gratitude to Chairman McClintock
and the gentlewoman from Massachusetts (Ms. Tsongas) as well as our
ranking member, all those involved.
I would like to thank the Affiliated Tribes of Northwest Indians and
its Trust Reform Committee. Let it not go unsaid that there was a
decade of work leading up to today, a decade of work.
``Sovereignty'' means sovereignty. ``Government-to-government'' means
just exactly that. The fact of the matter is we have a moral and a
legal and sometimes a treaty obligation to fulfill that government-to-
government relationship. It is the right thing to do.
It is in that spirit that I submit H.R. 812 for your favorable
consideration.
Mr. McCLINTOCK. Mr. Speaker, I yield such time as he may consume to
the gentleman from Washington (Mr. Newhouse), my colleague on the
Natural Resources Committee.
Mr. NEWHOUSE. Mr. Speaker, I thank the chairman from California (Mr.
McClintock) for yielding.
Mr. Speaker, last summer more than 400,000 acres of tribal land in
the Northwest burned with the Colville and the Yakama Tribes, which are
in my district, enduring the worst fire season in a generation.
The Colville Indian Reservation alone saw 250,000 acres burned,
consumed, by that blaze, much of which consisted of commercial timber.
The Indian Trust Asset Reform Act, H.R. 812, will authorize Indian
tribes on a voluntary basis to carry out forest management activities
on their own tribal lands without requiring review and approval by the
Bureau of Indian Affairs. It will allow the Colville, the Yakama, and
other tribes across the West to move salvage log sales more quickly
than is possible under the current BIA process.
Providing tribes who maintain their timber resources with the
authority to make these management decisions will expedite on-the-
ground activity and open new doors to attract investment. In fact, I
would argue that we should also give more control to States and
localities in addition to these tribes.
The new authority derived in H.R. 812 will provide additional
benefits to tribes with timber resources. The Colville Tribe has been
attempting to reopen a sawmill in Omak, Washington, also in my
district, since 2009.
One of the primary impediments to reopening has been the BIA's
unwillingness to approve longer term agreements between the tribe and
third-party investors. This new authority in this bill will allow
tribes to enter into these type of agreements on their own, resulting
in the creation of additional jobs as well as economic activity.
Last September, while catastrophic wildfires continued to burn across
central Washington, Secretary Jewell visited the Colville Reservation
and saw the devastation firsthand. Mr. Speaker, before the next fire
season begins, significant resources will be needed to replant these
forests as well as rehabilitate these landscapes.
The administration has not done enough to provide these tribes with
the resources they need. We must correct that. We must make this change
in order to ensure that these forests can continue to be a viable and
productive resource for the tribes and communities in my district, my
State, and the rest of the country.
Ms. TSONGAS. Mr. Speaker, I yield back the balance of my time.
Mr. McCLINTOCK. Mr. Speaker, I urge adoption of the bill.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. McClintock) that the House suspend the
rules and pass the bill, H.R. 812, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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