Indian Trust Asset Reform Act (ITARA)

PUBLIC LAW 114–178—JUNE 22, 2016

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INDIAN TRUST ASSET REFORM ACT

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130 STAT. 432

PUBLIC LAW 114–178—JUNE 22, 2016

Public Law 114–178
114th Congress
An Act
June 22, 2016
[H.R. 812]
Indian Trust
Asset Reform
Act.
25 USC 5601
note.

To provide for Indian trust asset management reform, 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; 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.
Sec.
Sec.
Sec.
Sec.
Sec.

301.
302.
303.
304.
305.
306.

Purpose.
Definitions.
Under Secretary for Indian Affairs.
Office of Special Trustee for American Indians.
Appraisals and valuations.
Cost savings.

TITLE I—RECOGNITION OF TRUST
RESPONSIBILITY

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25 USC 5601.

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;

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PUBLIC LAW 114–178—JUNE 22, 2016

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. REAFFIRMATION OF POLICY.

25 USC 5602.

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.

Indian Trust
Asset
Management
Demonstration
Project Act
of 2016.
25 USC 5601
note.
25 USC 5611.

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.

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SEC. 203. ESTABLISHMENT OF DEMONSTRATION PROJECT; SELECTION
OF PARTICIPATING INDIAN TRIBES.

25 USC 5612.

(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—

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130 STAT. 434

(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.

Plan.

Records.

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25 USC 5613.

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

Procedures.

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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) 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.
(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

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Deadline.

Determination.

Deadline.

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130 STAT. 436

Notice.

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25 USC 5614.

PUBLIC LAW 114–178—JUNE 22, 2016

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

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PUBLIC LAW 114–178—JUNE 22, 2016

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) 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

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Determination.

Review.

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Determination.

Determination.

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Notice.

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PUBLIC LAW 114–178—JUNE 22, 2016

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.

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PUBLIC LAW 114–178—JUNE 22, 2016

130 STAT. 439

SEC. 206. EFFECT OF TITLE.

25 USC 5614.

(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) 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.

Applicability.

TITLE III—IMPROVING EFFICIENCY
AND STREAMLINING PROCESSES
SEC. 301. PURPOSE.

25 USC 5631.

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.

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SEC. 302. DEFINITIONS.

25 USC 5632.

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.

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130 STAT. 440

PUBLIC LAW 114–178—JUNE 22, 2016
(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).

25 USC 5633.

President.

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Deadline.

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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

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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.

25 USC 5634.

(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 SelfDetermination 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).

Deadline.
Consultation.

SEC. 305. APPRAISALS AND VALUATIONS.

Deadlines.
Trust property.
25 USC 5635.
Consultation.

(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.

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Plan.
Deadline.
Determination.

Contracts.

Federal Register,
publication.

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PUBLIC LAW 114–178—JUNE 22, 2016

(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.
25 USC 5636.

List.

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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 TribalInterior 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 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;

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PUBLIC LAW 114–178—JUNE 22, 2016

130 STAT. 443

(5) the Committee on Appropriations of the Senate; and
(6) the Committee on Indian Affairs of the Senate.

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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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