[Congressional Record (Bound Edition), Volume 162 (2016), Part 2]
[House]
[Pages 2078-2083]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     INDIAN TRUST ASSET REFORM ACT

  Mr. McCLINTOCK. Mr. Speaker, I move to suspend the rules and pass the 
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.

[[Page 2079]]

       (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 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

[[Page 2080]]

     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 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

[[Page 2081]]

     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.
  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.

[[Page 2082]]

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 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-

[[Page 2083]]

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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