[114th Congress Public Law 178]
[From the U.S. Government Publishing Office]
[[Page 431]]
INDIAN TRUST ASSET REFORM ACT
[[Page 130 STAT. 432]]
Public Law 114-178
114th Congress
An Act
To provide for Indian trust asset management reform, and for other
purposes. <<NOTE: June 22, 2016 - [H.R. 812]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Indian Trust
Asset Reform Act.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 25 USC 5601 note.>> 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. <<NOTE: 25 USC 5601.>> 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;
[[Page 130 STAT. 433]]
(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. <<NOTE: 25 USC 5602.>> 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 <<NOTE: Indian Trust Asset Management Demonstration Project Act of
2016. 25 USC 5601 note.>> 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. <<NOTE: 25 USC 5611.>> 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. <<NOTE: 25 USC 5612.>> 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--
[[Page 130 STAT. 434]]
(i) a statement that the application of the
Indian tribe has been approved by the Secretary;
and
(ii) <<NOTE: Plan.>> 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) <<NOTE: Records.>> 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. <<NOTE: 25 USC 5613.>> 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) <<NOTE: Procedures.>> establish procedures for
nonbinding mediation or resolution of any dispute
between the Indian tribe and
[[Page 130 STAT. 435]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Deadline.>> 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
[[Page 130 STAT. 436]]
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) <<NOTE: Notice.>> 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. <<NOTE: 25 USC 5614.>> 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
[[Page 130 STAT. 437]]
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) <<NOTE: Determination.>> 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) <<NOTE: Review.>> 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
[[Page 130 STAT. 438]]
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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> make a written
determination with respect to the regulations that have
been violated;
(B) <<NOTE: Notice.>> 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.
[[Page 130 STAT. 439]]
SEC. 206. <<NOTE: 25 USC 5614.>> 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) <<NOTE: Applicability.>> 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. <<NOTE: 25 USC 5631.>> 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. <<NOTE: 25 USC 5632.>> 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.
[[Page 130 STAT. 440]]
(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. <<NOTE: 25 USC 5633.>> 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) <<NOTE: President.>> 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) <<NOTE: Deadline.>> 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
[[Page 130 STAT. 441]]
accordance with section 12 of the Act of June 18, 1934
(25 U.S.C. 472).
SEC. 304. <<NOTE: 25 USC 5634.>> OFFICE OF SPECIAL TRUSTEE FOR
AMERICAN INDIANS.
(a) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Plan. Deadline. Determination.>> 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) <<NOTE: Contracts.>> 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. <<NOTE: Deadlines. Trust property. 25 USC
5635. Consultation.>> 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) <<NOTE: Federal Register, publication.>> 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.
[[Page 130 STAT. 442]]
(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. <<NOTE: 25 USC 5636.>> 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) <<NOTE: List.>> 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) <<NOTE: Deadline.>> 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;
[[Page 130 STAT. 443]]
(5) the Committee on Appropriations of the Senate; and
(6) the Committee on Indian Affairs of the Senate.
Approved June 22, 2016.
LEGISLATIVE HISTORY--H.R. 812 (S. 383):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 114-432 (Comm. on Natural Resources).
SENATE REPORTS: No. 114-207 (Comm. on Indian Affairs) accompanying S.
383.
CONGRESSIONAL RECORD, Vol. 162 (2016):
Feb. 24, considered and passed House.
June 10, considered and passed Senate.
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