HR5515-119

1. Short title This Act may be cited as the Indian Trust Asset Reform Amendment Act.

2. Amendments to Indian Trust Asset Reform Act Section 202 of the Indian Trust Asset Reform Act (25 U.S.C. 5611) is amended— by amending paragraph (1) to read as follows: 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). by adding at the end the following: 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. 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. Section 203 of the Indian Trust Asset Reform Act (25 U.S.C. 5612) is amended to read as follows: The Secretary shall carry out an Indian trust asset management project in accordance with this title. 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. A tribal organization may participate in the Project on behalf of an Indian tribe if the tribal organization— submits a proposed Indian trust asset management plan that identifies the Indian tribe, the trust assets of which are included in the plan; 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 complies with the other provisions of this title. Section 204 of the Indian Trust Asset Reform Act (25 U.S.C. 5613) is amended— in subsection (a)— by striking paragraph (1); by redesignating paragraphs (2) and (3) as paragraphs (1) and (2) respectively; and in paragraph (1), as so redesignated— in subparagraph (D)(i), by striking may include and inserting may include, but are not limited to,; and in subparagraph (G), by striking plan and inserting plan, including regulations administered by the head of another Federal department or agency; in subsection (b)(1)(B)(i), by striking (a)(2) and inserting (a)(1); by redesignating subsection (d) as subsection (e); by inserting after subsection (c) the following: 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 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. by adding at the end the following: 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. Section 205 of the Indian Trust Asset Reform Act (25 U.S.C. 5614) is amended— in subsection (a)— by redesignating paragraphs (2) and (3) as paragraphs (3) and (4) respectively; by inserting after paragraph (1) the following: 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). by adding at the end the following: The term trust assets means— trust lands, natural resources, trust funds, or other assets held by the Federal Government in trust for Indian tribes and individual Indians; or any resource that is, or has previously been, included in an integrated resources management plan or other management plan approved by the Secretary. in subsection (b)— 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; in subparagraph (B)— by striking with respect to forest and inserting with respect to forest management plans and forest; 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 in clause (ii)(II)(bb)— by striking public comments and inserting comments from interested parties; and by striking forest land and inserting forest management plan or forest land; by amending subsection (c) to read as follows: 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. in subsection (f)— 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; in paragraph (1), by striking the surface leasing transaction or forest land management activity documents and inserting activity or transaction documents; and 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 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. Section 206(f) of the Indian Trust Asset Reform Act (25 U.S.C. 5615(f)) is amended to read as follows: Nothing in this title enhances, diminishes, or otherwise affects the trust responsibility of the United States to Indian tribes. (1)Indian tribeThe 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). ; and (4)Tribal organization (A)In generalThe 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 tribesIn 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. . 203.Indian Trust Asset Management Project (a)In generalThe Secretary shall carry out an Indian trust asset management project in accordance with this title. (b)Participation (1)In generalTo 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 organizationsA 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 (C)complies with the other provisions of this title. . (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 provisionsThe 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. ; and (f)Eligibility for fundingAn 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.. (2)Forest management planThe 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).; and (5)Trust assetsThe 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.; (c)Types of transactionsAt 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.. (f)Trust responsibilityNothing in this title enhances, diminishes, or otherwise affects the trust responsibility of the United States to Indian tribes..

203. Indian Trust Asset Management Project The Secretary shall carry out an Indian trust asset management project in accordance with this title. 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. A tribal organization may participate in the Project on behalf of an Indian tribe if the tribal organization— submits a proposed Indian trust asset management plan that identifies the Indian tribe, the trust assets of which are included in the plan; 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 complies with the other provisions of this title.