Home > 105th Congressional Bills > H.R. 2982 (ih) To improve the quality of child care provided through Federal facilities and programs, and for other purposes. ...H.R. 2982 (ih) To improve the quality of child care provided through Federal facilities and programs, and for other purposes. ...
108th CONGRESS
1st Session
H. R. 2981
To provide for reform of management of Indian trust funds and assets
under the jurisdiction of the Department of the Interior, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2003
Mr. Udall of Colorado (for himself and Mr. Rahall) introduced the
following bill; which was referred to the Committee on Resources
_______________________________________________________________________
A BILL
To provide for reform of management of Indian trust funds and assets
under the jurisdiction of the Department of the Interior, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Indian Trust Fund
Management Reform Act Amendments Act of 2003''.
SEC. 2. DEFINITIONS.
Section 2 of the American Indian Trust Fund Management Reform Act
of 1994 (25 U.S.C. 4001) is amended--
(1) by redesignating paragraphs (1), (2), (3), (4), (5),
and (6) as paragraphs (7), (4), (6), (5), (2), and (3),
respectively, and moving those paragraphs so as to appear in
numerical order; and
(2) by inserting before paragraph (2) (as redesignated by
paragraph (1)) the following:
``(1) Audit.--The term `audit' means an audit using
accounting procedures that conform to generally accepted
accounting principles and auditing procedures that conform to
chapter 75 of title 31, United States Code (commonly known as
the `Single Audit Act of 1984');''; and
(3) by adding at the end the following:
``(8) Tribal government.--The term `tribal government'
means the governing body of an Indian tribe.
``(9) Trust asset.--The term `trust asset' means any
tangible property (such as land, a mineral, coal, oil or gas, a
forest resource, an agricultural resource, water, a water
source, fish, or wildlife) held by the Secretary for the
benefit of an Indian tribe or an individual member of an Indian
tribe in accordance with Federal law.
``(10) Trust funds.--The term `trust funds' means--
``(A) all monies or proceeds derived from trust
assets; and
``(B) all funds held by the Secretary for the
benefit of an Indian tribe or an individual member of
an Indian tribe in accordance with Federal law.
``(11) Trustee.--The term `trustee' means the Secretary or
any other person that is authorized to act as a trustee for
trust assets and trust funds.''.
SEC. 3. RESPONSIBILITIES OF SECRETARY.
Section 102 of the American Indian Trust Fund Management Reform Act
of 1994 (25 U.S.C. 4011) is amended to read as follows:
``SEC. 102. RESPONSIBILITIES OF SECRETARY.
``(a) Accounting for Daily and Annual Balances of Indian Trust
Funds.--
``(1) In general.--The Secretary shall account for the
daily and annual balances of all trust funds.
``(2) Periodic statement of performance.--
``(A) In general.--Not later than 20 business days
after the close of the second calendar quarter after
the date of enactment of this paragraph, and not later
than 20 business days after the close of each calendar
quarter thereafter, the Secretary shall provide to each
Indian tribe and individual Indian for whom the
Secretary manages trust funds a statement of
performance for the trust funds.
``(B) Requirements.--Each statement under
subparagraph (A) shall identify, with respect to the
period covered by the statement--
``(i) the source, type, and status of the
funds;
``(ii) the beginning balance of the funds;
``(iii) the gains and losses of the funds;
``(iv) receipts and disbursements of the
funds; and
``(v) the ending balance of the funds.
``(3) Audits.--With respect to each account containing
trust funds, the Secretary shall--
``(A) for accounts with less than $1,000, group
accounts separately to allow for statistical sampling
audit procedures;
``(B) for accounts containing more than $1,000 at
any time during a given fiscal year--
``(i) conduct, for each fiscal year, an
audit of all trust funds; and
``(ii) include, in the first statement of
performance after completion of the audit, a
letter describing the results of the audit.
``(b) Additional Responsibilities.--The responsibilities of the
Secretary in carrying out the trust responsibility of the United States
include, but are not limited to--
``(1) providing for adequate systems for accounting for and
reporting trust fund balances;
``(2) providing for adequate controls over receipts and
disbursements;
``(3) providing for periodic, timely reconciliations of
financial records to ensure the accuracy of account
information;
``(4) determining accurate cash balances;
``(5) preparing and supplying to account holders periodic
account statements;
``(6) establishing and publishing in the Federal Register
consistent policies and procedures for trust fund management
and accounting;
``(7) providing adequate staffing, supervision, and
training for trust fund management and accounting; and
``(8) managing natural resources located within the
boundaries of Indian reservations and trust land.''.
SEC. 4. AFFIRMATION OF STANDARDS.
Title I of the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4011 et seq.) is amended by adding at the end the
following:
``SEC. 105. AFFIRMATION OF STANDARDS.
``Congress affirms that the proper discharge of trust
responsibility of the United States requires, without limitation, that
the trustee, using the highest degree of care, skill, and loyalty--
``(1) protect and preserve Indian trust assets from loss,
damage, unlawful alienation, waste, and depletion;
``(2) ensure that any management of Indian trust assets
required to be carried out by the Secretary--
``(A) promotes the interest of the beneficial
owner; and
``(B) supports, to the maximum extent practicable
in accordance with the trust responsibility of the
Secretary, the beneficial owner's intended use of the
assets;
``(3)(A) enforce the terms of all leases or other
agreements that provide for the use of trust assets; and
``(B) take appropriate steps to remedy trespass on trust or
restricted land;
``(4) promote tribal control and self-determination over
tribal trust land and resources without diminishing the trust
responsibility of the Secretary;
``(5) select and oversee persons that manage Indian trust
assets;
``(6) confirm that Indian tribes that manage Indian trust
assets in accordance with contracts and compacts authorized by
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.) protect and prudently manage those Indian
trust assets;
``(7) provide oversight and review of the performance of
the trust responsibility of the Secretary, including Indian
trust asset and investment management programs, operational
systems, and information systems;
``(8) account for and identify, collect, deposit, invest,
and distribute, in a timely manner, income due or held on
behalf of tribal and individual Indian account holders;
``(9) maintain a verifiable system of records that, at a
minimum, is capable of identifying, with respect to a trust
asset--
``(A) the location of the trust asset;
``(B) the beneficial owners of the trust asset;
``(C) any legal encumbrances (such as leases or
permits) applicable to the trust asset;
``(D) the user of the trust asset;
``(E) any rent or other payments made;
``(F) the value of trust or restricted land and
resources associated with the trust asset;
``(G) dates of--
``(i) collections;
``(ii) deposits;
``(iii) transfers;
``(iv) disbursements;
``(v) imposition of third-party obligations
(such as court-ordered child support or
judgments);
``(vi) statements of earnings;
``(vii) investment instruments; and
``(viii) closure of all trust fund accounts
relating to the trust fund asset;
``(H) documents pertaining to actions taken to
prevent or compensate for any diminishment of the
Indian trust asset; and
``(I) documents that evidence the actions of the
Secretary regarding the management and disposition of
the Indian trust asset;
``(10) establish and maintain a system of records that--
``(A) permits beneficial owners to obtain
information regarding Indian trust assets in a timely
manner; and
``(B) protects the privacy of that information;
``(11) invest tribal and individual Indian trust funds to
ensure that the trust account remains reasonably productive for
the beneficial owner consistent with market conditions existing
at the time at which investment is made;
``(12) communicate with beneficial owners regarding the
management and administration of Indian trust assets; and
``(13) protect treaty-based fishing, hunting, gathering,
and similar rights-of-access and resource use on traditional
tribal land.''.
SEC. 5. INDIAN PARTICIPATION IN TRUST FUND ACTIVITIES.
Section 202 of the American Indian Trust Fund Management Reform Act
of 1994 (25 U.S.C. 4022) is amended by striking subsection (c) and
inserting the following:
``(c) Management Through Self-Determination Authority.--
``(1) In general.--An Indian tribe may use authority
granted to the Indian tribe under the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et seq.) to manage
Indian trust funds and trust assets without terminating--
``(A) the trust responsibility of the Secretary; or
``(B) the trust status of the funds and assets.
``(2) No effect on trust responsibility.--Nothing in this
subsection diminishes or otherwise impairs the trust
responsibility of the United States with respect to the Indian
people.''.
SEC. 6. DEPUTY SECRETARY FOR INDIAN AFFAIRS.
(a) In General.--Section 302 of the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4042) is amended to read as
follows:
``SEC. 302. DEPUTY SECRETARY FOR INDIAN AFFAIRS.
``(a) Establishment.--
``(1) In general.--There is established within the
Department the position of Deputy Secretary for Indian Affairs
(referred to in this section as the `Deputy Secretary'), who
shall report directly to the Secretary.
``(2) Appointment.--The Deputy Secretary shall be appointed
by the President, by and with the advice and consent of the
Senate.
``(b) Duties.--
``(1) In general.--The Deputy Secretary shall--
``(A) oversee the Bureau of Indian Affairs;
``(B) be responsible for carrying out all duties
assigned to the Assistant Secretary for Indian Affairs
as of the day before the date of enactment of the
American Indian Trust Fund Management Reform Act
Amendments Act of 2003;
``(C) oversee all trust fund and trust asset
matters of the Department, including--
``(i) administration and management of the
Reform Office;
``(ii) financial and human resource matters
of the Reform Office; and
``(iii) all duties relating to trust fund
and trust asset matters;
``(D) engage in appropriate government-to-
government relations and consultations with Indian
tribes and individual trust asset and trust fund
account holders on matters involving trust asset and
trust fund management and reform within the Department;
and
``(E) carry out such other duties relating to
Indian affairs as the Secretary may assign.
``(2) Transfer of duties of assistant secretary.--As of the
date of enactment of the American Indian Trust Fund Management
Reform Act Amendments Act of 2003, all duties assigned to the
Assistant Secretary for Indian Affairs shall be transferred to,
and become the responsibility of, the Deputy Secretary.
``(3) Succession.--Any official who is serving as Assistant
Secretary for Indian Affairs on the date of enactment of the
American Indian Trust Fund Management Reform Act Amendments Act
of 2003 and who was appointed by the President, by and with the
advice and consent of the Senate, shall not be required to be
reappointed under subsection (a) to the successor position
authorized under subsection (a) if the Secretary approves the
occupation by the official of the position by the date that is
180 days after the date of enactment of the American Indian
Trust Fund Management Reform Act Amendments Act of 2003 (or
such later date determined by the Secretary if litigation
delays rapid succession).
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