119th CONGRESS

1st Session

H. R. 5515

1. Short title
2. Amendments to Indian Trust Asset Reform Act

1. Short title

This Act may be cited as the "Indian Trust Asset Reform Amendment Act".

2. Amendments to Indian Trust Asset Reform Act

(a) Definitions - Section 202 of the Indian Trust Asset Reform Act (25 U.S.C. 5611) is amended—

(1) Indian tribe - by amending paragraph (1) to read as follows:

(1) Indian tribe - The term Indian tribe means an Indian or Alaska Native tribe, band, nation, pueblo, village, or community identified, including parenthetically, on the list published by the Secretary pursuant to Section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).

(2) Tribal organization - by adding at the end the following:

(4) Tribal organization -

(A) In general - The term tribal organization means any legally established organization of Indians which is controlled, sanctioned, or chartered by the governing body of an Indian Tribe or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities.

(B) Multiple tribes - In any case where a contract is let or grant made to an organization to perform services benefiting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant.

(b) Indian Trust Asset Management Project - Section 203 of the Indian Trust Asset Reform Act (25 U.S.C. 5612) is amended to read as follows:

203. Indian Trust Asset Management Project

(a) In general - The Secretary shall carry out an Indian trust asset management project in accordance with this title.

(b) Participation -

(1) In general - To participate in the project, an Indian tribe shall submit to the Secretary a proposed Indian trust asset management plan as described in section 204 of this title, and a copy of a resolution or other appropriate action by the governing body of the Indian tribe in support of or authorizing the submission.

(2) Tribal organizations - A tribal organization may participate in the Project on behalf of an Indian tribe if the tribal organization—

(A) - submits a proposed Indian trust asset management plan that identifies the Indian tribe, the trust assets of which are included in the plan;

(B) - submits a copy of a resolution or other appropriate action by the governing body of the Indian tribe that is the owner of the trust assets included in the Indian trust asset management plan that supports or authorizes the tribal organization to carry out the plan; and

(1) - in subsection (a)—

(A) - by striking paragraph (1);

(B) - by redesignating paragraphs (2) and (3) as paragraphs (1) and (2) respectively; and

(i) - in subparagraph (D)(i), by striking "may include" and inserting "may include, but are not limited to,"; and

(ii) - in subparagraph (G), by striking "plan" and inserting "plan, including regulations administered by the head of another Federal department or agency";

(2) - in subsection (b)(1)(B)(i), by striking "(a)(2)" and inserting "(a)(1)";

(3) - by redesignating subsection (d) as subsection (e);

(4) Amendment of approved plan - by inserting after subsection (c) the following:

(d) Amendment of approved plan -

(1) In general - An Indian tribe, or a tribal organization participating in an Indian trust asset management plan on behalf of an Indian tribe under section 203(b)(2) of this title, may propose amendments to the Indian trust asset management plan that the Secretary has approved or that is otherwise in effect pursuant to this title; and

(2) Applicable provisions - The Secretary shall review any proposal by an Indian tribe, or a tribal organization administering an Indian trust asset management plan pursuant to section 203(b)(2), using the criteria set forth in subsections (b) and (c) of this section.

(5) Eligibility for funding - by adding at the end the following:

(f) Eligibility for funding - An Indian tribe operating under an approved Indian trust asset management plan shall continue to be eligible for, and shall not be disqualified from receiving, Federal funding to support the Indian tribe’s activities under an approved Indian trust asset management plan, in the same manner and subject to the same considerations as Indian tribes without an Indian trust asset management plan.

(d) Trust asset management - Section 205 of the Indian Trust Asset Reform Act (25 U.S.C. 5614) is amended—

(1) Forest management plan - in subsection (a)—

(A) - by redesignating paragraphs (2) and (3) as paragraphs (3) and (4) respectively;

(B) Forest management plan - by inserting after paragraph (1) the following:

(2) Forest management plan - The term forest management plan has the meaning given the term in Section 304 of the National Indian Forest Resources Management Act of 1990 (25 U.S.C. 3103).

(5) Trust assets - The term trust assets means—

(A) - trust lands, natural resources, trust funds, or other assets held by the Federal Government in trust for Indian tribes and individual Indians; or

(B) - any resource that is, or has previously been, included in an integrated resources management plan or other management plan approved by the Secretary.

(2) - in subsection (b)—

(A) - by striking "carry out" and all that follows through "would require" and inserting "carry out any transaction or activity related to management of that Indian tribe’s trust assets, including, but not limited to, a surface leasing transaction, adoption or amendment of a forest management plan, or forest land management activity without approval of the Secretary, regardless of whether the trust asset management transaction or activity would require";

(B) - in subparagraph (B)—

(i) - by striking "with respect to forest" and inserting "with respect to forest management plans and forest";

(ii) - in clause (ii)(II)(aa), by striking "the public is" and all that follows through "the proposed" and inserting "interested parties are informed of, and have a reasonable opportunity to comment on a proposed forest management plan, and any significant environmental impacts of a proposed"; and

(iii) - in clause (ii)(II)(bb)—

(I) - by striking "public comments" and inserting "comments from interested parties"; and

(II) - by striking "forest land" and inserting "forest management plan or forest land";

(3) Types of transactions - by amending subsection (c) to read as follows:

(c) Types of transactions - At the discretion of the applicable Indian tribe, an Indian trust asset management plan may authorize the Indian tribe to manage any and all of that Indian tribe’s trust assets, and undertake any transactions and activities related thereto, including but not limited to adopting or amending a forest management plan, carrying out a surface leasing transaction, and carrying out a forest land management activity, and the Secretary shall defer to any such discretionary trust asset management decision by the Indian tribe to the extent such decision is consistent with both the Indian trust asset management plan and this section.

(4) - in subsection (f)—

(A) - by striking "executes a surface" and all that follows through "pursuant to tribal regulations" and inserting "undertakes an activity or transaction related to a trust asset, pursuant to the Indian tribe’s trust asset management plan and tribal regulations";

(B) - in paragraph (1), by striking "the surface leasing transaction or forest land management activity documents" and inserting "activity or transaction documents"; and

(C) - in paragraph (2), by striking "a surface leasing transaction, or forest land management activities" and inserting "or an activity or transaction related to a trust asset"; and

(5) - in subsection (g)(1)(A), by striking "the execution of any forest land management activity" and inserting "any activity or transaction related to a trust asset and undertaken by the Indian tribe".

(e) Trust responsibility - Section 206(f) of the Indian Trust Asset Reform Act (25 U.S.C. 5615(f)) is amended to read as follows:

(f) Trust responsibility - Nothing in this title enhances, diminishes, or otherwise affects the trust responsibility of the United States to Indian tribes.