[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 409 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 409
To provide for Indian trust asset management reform, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 23, 2013
Mr. Simpson introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
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. Congressional statement of findings.
Sec. 102. Congressional reaffirmation of policy.
TITLE II--INDIAN TRUST ASSET MANAGEMENT DEMONSTRATION PROJECT ACT
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. Effect of title.
TITLE III--RESTRUCTURING BUREAU OF INDIAN AFFAIRS AND OFFICE OF SPECIAL
TRUSTEE
Sec. 301. Purpose.
Sec. 302. Definitions.
Sec. 303. Under Secretary for Indian Affairs.
Sec. 304. Transfer of functions of Assistant Secretary for Indian
Affairs.
Sec. 305. Office of Special Trustee for American Indians.
Sec. 306. Cost savings recommendations.
Sec. 307. Hiring preference.
TITLE I--RECOGNITION OF TRUST RESPONSIBILITY
SEC. 101. CONGRESSIONAL STATEMENT OF FINDINGS.
The Congress, after careful review of the Federal Government's
historical and special legal relationship with, and resulting
responsibilities to, American Indian people, finds that--
(1) the relationship of Indian tribes to the United States
is founded in part on the settled doctrine of the law of
nations that when a stronger sovereign assumes authority over a
weaker sovereign, the stronger one assumes a duty of protection
for the weaker one, which does not surrender its right to self-
government;
(2) the United States fiduciary responsibilities to Indians
also constitutes a foundational basis for, not merely a
function of, congressional legislation regarding Indians
because it constitutes an inherent presupposition of our
constitutional structure, which provides an inherent limit on
the exercise and application of the Indian Commerce Clause and
the Treaty Clause of the Constitution;
(3) the United States fiduciary responsibilities 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
(4) the foregoing historic Federal-tribal relations and
understandings have benefitted the people of the United States
as a whole for centuries and established enduring and
enforceable Federal obligations to which the national honor has
been committed.
SEC. 102. CONGRESSIONAL REAFFIRMATION OF POLICY.
Pursuant to its constitutionally vested authority over Indian
affairs, the Congress hereby reaffirms the following regarding the
proper discharge of the United States fiduciary responsibilities to
Indians--
(1) enforceable fiduciary duties necessarily arise when the
United States assumes control or supervision over tribal trust
assets even though nothing is said expressly in the governing
statutes or regulations, unless Congress has expressly
specified otherwise;
(2) in general, the most exacting common-law fiduciary
standards which govern private trustees also govern the United
States when it manages Indian trust assets, and enforceable
Federal trust duties for Indian trust asset management are not
limited to the express terms of statutes and regulations;
(3) the fact that the United States simultaneously performs
another task for another interest that Congress has obligated
it by statute to do does not compromise or limit the United
States enforceable fiduciary obligations to Indians; and
(4) the United States fiduciary responsibilities to Indian
tribes include and are not limited by a duty to promote tribal
self-determination regarding governmental authority and
economic development.
TITLE II--INDIAN TRUST ASSET MANAGEMENT DEMONSTRATION PROJECT ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Indian Trust Asset Management
Demonstration Project Act of 2013''.
SEC. 202. DEFINITIONS.
In this title:
(1) Project.--The term ``Project'' means the Indian trust
asset management demonstration project established under
section 103(a).
(2) Indian tribe.--The term ``Indian tribe'' means an
Indian tribe that--
(A) is federally recognized; and
(B) submits an application under section 203(c).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 203. 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) Indian tribes.--
(A) In general.--Any Indian tribe shall be eligible
to participate in the Project if--
(i) the Indian tribe submits to the
Secretary an application under subsection (c);
and
(ii) 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--
(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 104.
(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 take into
consideration 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 shall remain in effect for a period of 8
years after the date of enactment of this Act.
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, including financial and nonfinancial trust
assets;
(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 performed by the Indian tribe
under the contracts or compacts; and
(ii) describe the proposed management
systems, 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 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 annual 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) Authority of indian tribes to develop systems,
practices, and procedures.--For purposes of preparing and
carrying out a management plan under this section, an Indian
tribe that has compacted or contracted activities or functions
under the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.), for purposes of carrying out the
activities or functions, may develop and carry out trust asset
management systems, practices, and procedures that differ from
any such systems, practices, and procedures used by the
Secretary in managing the trust assets if the systems,
practices, and procedures of the Indian tribe meet the
requirements of the laws, standards, and responsibilities
described in subsection (c).
(4) Technical assistance and information.--The Secretary
shall provide to an Indian tribe any technical assistance and
information, including budgetary information, that the Indian
tribe determines to be necessary for preparation of a proposed
plan on receipt of a written request from the Indian tribe.
(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 one 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 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 the determination of the Secretary 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) or (3); and
(B) the Indian tribe has exhausted any other
administrative remedy available to the Indian tribe.
(c) Applicable Laws; Standards; Trust Responsibility.--
(1) Applicable laws.--An Indian trust asset management
plan, and any activity carried out under the plan, shall not be
approved unless the proposed plan is consistent with--
(A) all Federal treaties, statutes, Executive
orders, and court decisions that are applicable to the
trust assets, or the management of the trust assets,
identified in the plan; and
(B) all tribal laws that are applicable to the
trust assets, or the management of trust assets,
identified in the plan, except to the extent that the
laws are inconsistent with the treaties, statutes,
Executive orders, and court decisions referred to in
subparagraph (A).
(2) Standards.--Subject to the laws referred to in
paragraph (1)(A), an Indian trust asset management plan shall
not be approved unless the Secretary determines that the plan
will--
(A) protect trust assets from loss, waste, and
unlawful alienation;
(B) promote the interests of the beneficial owner
of the trust asset;
(C) conform, to the maximum extent practicable, to
the preferred use of the trust asset by the beneficial
owner, unless the use is inconsistent with a treaty,
statute, regulation, Executive order, or court decision
referred to in paragraph (1)(A);
(D) protect any applicable treaty-based fishing,
hunting and gathering, and similar rights relating to
the use, access, or enjoyment of a trust asset; and
(E) require that any activity carried out under the
plan be carried out in good faith and with loyalty to
the beneficial owner of the trust asset.
(3) Trust responsibility.--An Indian trust asset management
plan shall not be approved unless the Secretary determines that
the plan is consistent with the trust responsibility of the
United States to the Indian tribe and individual Indians.
(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. EFFECT OF TITLE.
(a) Liability.--Nothing in this title, or a 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) Effect on Other Laws.--Except for any regulation superseded by
a trust asset management plan approved under section 204, nothing in
this title amends or otherwise affects the application of any treaty,
statute, regulation, Executive order, or court decision that is
applicable to Indian trust assets or the management or administration
of Indian trust assets.
(c) Trust Responsibility.--Nothing in this title diminishes or
otherwise affects the trust responsibility of the United States to
Indian tribes and individual Indians.
TITLE III--RESTRUCTURING BUREAU OF INDIAN AFFAIRS AND OFFICE OF SPECIAL
TRUSTEE
SEC. 301. PURPOSE.
The purpose of this title is to ensure a more effective and
accountable 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. DEFINITIONS.
In this title:
(1) Bureau.--The term ``Bureau'' means the Bureau of Indian
Affairs.
(2) Office.--The term ``Office'' means the Office of Trust
Reform Implementation and Oversight referred to in section
303(c).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Under secretary.--The term ``Under Secretary'' means
the individual appointed to the position of Under Secretary for
Indian Affairs, established by section 303(a).
SEC. 303. UNDER SECRETARY FOR INDIAN AFFAIRS.
(a) Establishment of Position.--There is established in the
Department of the Interior 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 officer 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) the officer 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 the duties transferred to the Under
Secretary under sections 304 and 305, the Under Secretary, acting
through an Office of Trust Reform Implementation and Oversight, shall--
(1) carry out any activity relating to trust fund accounts
and trust resource management of the Bureau (except any
activity carried out under the Office of the Special Trustee
for American Indians before the date on which the Office of the
Special Trustee is abolished), in accordance with the American
Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001
et seq.);
(2) develop and maintain an inventory of Indian trust
assets and resources;
(3) coordinate with the Special Trustee for American
Indians to ensure an orderly transition of the functions of the
Special Trustee under section 305;
(4) supervise any activity carried out by the Department of
the Interior, including but not limited to--
(A) to the extent that the activities relate to
Indian affairs, activities carried out by--
(i) the Commissioner of Reclamation;
(ii) the Director of the Bureau of Land
Management;
(iii) the Director of the Office of Natural
Resources Revenue;
(iv) the Director of the National Park
Service; and
(v) the Director of the U.S. Fish and
Wildlife Service; and
(B) intergovernmental relations between the Bureau
and Indian tribal governments;
(5) to the maximum extent practicable, coordinate
activities and policies of the Bureau 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 U.S. Fish and Wildlife Service;
(6) provide for regular consultation with Indians and
Indian tribes that own interests in trust resources and trust
fund accounts;
(7) manage and administer Indian trust resources in
accordance with any applicable Federal law;
(8) take steps to protect the security of data relating to
individual Indian and Indian tribal trust accounts; and
(9) take any other measure the Under Secretary determines
to be necessary with respect to Indian affairs.
SEC. 304. TRANSFER OF FUNCTIONS OF ASSISTANT SECRETARY FOR INDIAN
AFFAIRS.
(a) Transfer of Functions.--There is transferred to the Under
Secretary any function of the Assistant Secretary for Indian Affairs
that has not been carried out by the Assistant Secretary as of the date
of enactment of this Act.
(b) Determinations of Certain Functions by the Office of Management
and Budget.--If necessary, the Office of Management and Budget shall
make any determination relating to the functions transferred under
subsection (a).
(c) 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) an officer or employee described in paragraph
(1) shall be appointed in accordance with the civil
service laws; and
(B) the compensation of the officer or employee
shall be fixed in accordance with title 5, United
States Code.
(d) Delegation and Assignment.--
(1) In general.--Except as otherwise expressly prohibited
by law or otherwise provided by this section, the Under
Secretary may--
(A) delegate any of the functions transferred to
the Under Secretary by this section and any function
transferred or granted to the Under Secretary after the
date of enactment of this Act to such officers and
employees of the Office as the Under Secretary may
designate; and
(B) authorize successive redelegations of such
functions as the Under Secretary determines to be
necessary or appropriate.
(2) Delegation.--No delegation of functions by the Under
Secretary under this section shall relieve the Under Secretary
of responsibility for the administration of the functions.
(e) Reorganization.--The Under Secretary may allocate or reallocate
any function transferred under this section among the officers of the
Office, and establish, consolidate, alter, or discontinue such
organizational entities in the Office, as the Under Secretary
determines to be necessary or appropriate.
(f) Rules.--The Under Secretary may prescribe, in accordance with
the provisions of chapters 5 and 6 of title 5, United States Code, such
rules and regulations as the Under Secretary determines to be necessary
or appropriate to administer and manage the functions of the Office.
(g) Transfer and Allocations of Appropriations and Personnel.--
(1) In general.--Except as otherwise provided in this
section, the personnel employed in connection with, and the
assets, liabilities, contracts, property, records, and
unexpended balances of appropriations, authorizations,
allocations, and other funds employed, used, held, arising
from, available to, or to be made available in connection with,
the functions transferred by this section, subject to section
1531 of title 31, United States Code, shall be transferred to
the Office.
(2) Unexpended funds.--Unexpended funds transferred
pursuant to this subsection shall be used only for the purposes
for which the funds were originally authorized and
appropriated.
(h) Incidental Transfers.--
(1) In general.--The Director of the Office of Management
and Budget, at any time the Director may provide, may make such
determinations as are necessary with regard to the functions
transferred by this section, and make such additional
incidental dispositions of personnel, assets, liabilities,
grants, contracts, property, records, and unexpended balances
of appropriations, authorizations, allocations, and other funds
held, used, arising from, available to, or to be made available
in connection with such functions, as are necessary, to carry
out this section.
(2) Termination of affairs.--The Director of the Office of
Management and Budget shall provide for the termination of the
affairs of all entities terminated by this section and for any
further measures and dispositions as are necessary to
effectuate the purposes of this section.
(i) Effect on Personnel.--
(1) In general.--Except as otherwise provided by this
section, the transfer pursuant to this section of full-time
personnel (except special Government employees) and part-time
personnel holding permanent positions shall not cause any such
employee to be separated or reduced in grade or compensation
for a period of at least 1 year after the date of transfer of
the employee under this section.
(2) Executive schedule positions.--Except as otherwise
provided in this section, any person who, on the day preceding
the date of enactment of this Act, held a position compensated
in accordance with the Executive Schedule prescribed in chapter
53 of title 5, United States Code, and who, without a break in
service, is appointed to a position in the Office having duties
comparable to the duties performed immediately preceding such
appointment shall continue to be compensated in the new
position at not less than the rate provided for the previous
position, for the duration of the service of the person in the
new position.
(3) Termination of certain positions.--Positions whose
incumbents are appointed by the President, by and with the
advice and consent of the Senate, the functions of which are
transferred by this title, shall terminate on the date of
enactment of this Act.
(j) Separability.--If a provision of this section or the
application of this section to any person or circumstance is held
invalid, neither the remainder of this section nor the application of
the provision to other persons or circumstances shall be affected.
(k) Transition.--The Under Secretary may use--
(1) the services of the officers, employees, and other
personnel of the Assistant Secretary for Indian Affairs
relating to functions transferred to the Office by this
section; and
(2) funds appropriated to the functions for such period of
time as may reasonably be needed to facilitate the orderly
implementation of this section.
(l) References.--Any reference in a Federal law, Executive order,
rule, regulation, delegation of authority, or document relating to the
Assistant Secretary for Indian Affairs, with respect to functions
transferred under this section, shall be deemed to be a reference to
the Under Secretary.
(m) Recommended Legislation.--Not later than 180 days after the
effective date of this title, the Under Secretary, in consultation with
the appropriate committees of Congress and the Director of the Office
of Management and Budget, shall submit to Congress any recommendations
relating to additional technical and conforming amendments to Federal
law to reflect the changes made by this section.
(n) Effect of Section.--
(1) Continuing effect of legal documents.--Any legal
document relating to a function transferred by this section
that is in effect on the date of enactment of this Act shall
continue in effect in accordance with the terms of the document
until the document is modified or terminated by--
(A) the President;
(B) the Under Secretary;
(C) a court of competent jurisdiction; or
(D) operation of Federal or State law.
(2) Proceedings not affected.--This section shall not
affect any proceeding (including a notice of proposed
rulemaking, an administrative proceeding, and an application
for a license, permit, certificate, or financial assistance)
relating to a function transferred under this section that is
pending before the Assistant Secretary on the date of enactment
of this Act.
SEC. 305. OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS.
(a) Termination.--Notwithstanding sections 302 and 303 of the
American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C.
4042; 4043), the Office of Special Trustee for American Indians shall
terminate on the effective date of this section.
(b) Transfer of Functions.--There is transferred to the Under
Secretary any function of the Special Trustee for American Indians that
has not been carried out by the Special Trustee as of the effective
date of this section.
(c) Determinations of Certain Functions by the Office of Management
and Budget.--If necessary, the Office of Management and Budget shall
make any determination relating to the functions transferred under
subsection (b).
(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; and
(B) the compensation of such an officer or employee
shall be fixed in accordance with title 5, United
States Code.
(e) Delegation and Assignment.--
(1) In general.--Except as otherwise expressly prohibited
by law or otherwise provided by this section, the Under
Secretary may--
(A) delegate any of the functions transferred to
the Under Secretary under this section and any function
transferred or granted to the Under Secretary after the
effective date of this section to such officers and
employees of the Office as the Under Secretary may
designate; and
(B) authorize successive redelegations of the
functions as are necessary or appropriate.
(2) Delegation.--No delegation of functions by the Under
Secretary under this section shall relieve the Under Secretary
of responsibility for the administration of the functions.
(f) Reorganization.--The Under Secretary may allocate or reallocate
any function transferred under subsection (b) among the officers of the
Office, and establish, consolidate, alter, or discontinue such
organizational entities in the Office as the Under Secretary determines
to be necessary or appropriate.
(g) Rules.--The Under Secretary may prescribe, in accordance with
the provisions of chapters 5 and 6 of title 5, United States Code, such
rules and regulations as the Under Secretary determines to be necessary
or appropriate to administer and manage the functions of the Office.
(h) Transfer and Allocations of Appropriations and Personnel.--
Except as otherwise provided in this section, the personnel employed in
connection with, and the assets, liabilities, contracts, property,
records, and unexpended balances of appropriations, authorizations,
allocations, and other funds employed, used, held, arising from,
available to, or to be made available in connection with the functions
transferred by this section, subject to section 1531 of title 31,
United States Code, shall be transferred to the Office.
(i) Incidental Transfers.--
(1) In general.--The Director of the Office of Management
and Budget, at any time the Director may provide, may make such
determinations as are necessary with regard to the functions
transferred by this section, and make such additional
incidental dispositions of personnel, assets, liabilities,
grants, contracts, property, records, and unexpended balances
of appropriations, authorizations, allocations, and other funds
held, used, arising from, available to, or to be made available
in connection with such functions, as are necessary, to carry
out this section.
(2) Termination of affairs.--The Director of the Office of
Management and Budget shall provide for the termination of the
affairs of all entities terminated by this section and for any
further measures and dispositions as are necessary to
effectuate the purposes of this section.
(j) Effect on Personnel.--
(1) In general.--Except as otherwise provided by this
section, the transfer pursuant to this section of full-time
personnel (except special Government employees) and part-time
personnel holding permanent positions shall not cause any such
employee to be separated or reduced in grade or compensation
for a period of at least 1 year after the date of transfer of
the employee under this section.
(2) Executive schedule positions.--Except as otherwise
provided in this section, any person who, on the day preceding
the effective date of this section, held a position compensated
in accordance with the Executive Schedule prescribed in chapter
53 of title 5, United States Code, and who, without a break in
service, is appointed to a position in the Office having duties
comparable to the duties performed immediately preceding such
appointment, shall continue to be compensated in the new
position at not less than the rate provided for the previous
position, for the duration of the service of the person in the
new position.
(3) Termination of certain positions.--Positions the
incumbents of which are appointed by the President, by and with
the advice and consent of the Senate, and the functions of
which are transferred by this title, shall terminate on the
effective date of this section.
(k) Separability.--If a provision of this section or the
application of this section to any person or circumstance is held
invalid, neither the remainder of this section nor the application of
the provision to other persons or circumstances shall be affected.
(l) Transition.--The Under Secretary may use--
(1) the services of the officers, employees, and other
personnel of the Special Trustee relating to functions
transferred to the Office by this section; and
(2) funds appropriated to those functions for such period
of time as may reasonably be needed to facilitate the orderly
implementation of this section.
(m) References.--Any reference in a Federal law, Executive order,
rule, regulation, delegation of authority, or document relating to the
Special Trustee, with respect to functions transferred under this
section, shall be deemed to be a reference to the Under Secretary.
(n) Recommended Legislation.--Not later than 180 days after the
effective date of this title, the Under Secretary, in consultation with
the appropriate committees of Congress and the Director of the Office
of Management and Budget, shall submit to Congress any recommendations
relating to additional technical and conforming amendments to Federal
law to reflect the changes made by this section.
(o) Effect of Section.--
(1) Continuing effect of legal documents.--Any legal
document relating to a function transferred by this section
that is in effect on the effective date of this section shall
continue in effect in accordance with the terms of the document
until the document is modified or terminated by--
(A) the President;
(B) the Under Secretary;
(C) a court of competent jurisdiction; or
(D) operation of Federal or State law.
(2) Proceedings not affected.--This section shall not
affect any proceeding (including a notice of proposed
rulemaking, an administrative proceeding, and an application
for a license, permit, certificate, or financial assistance)
relating to a function transferred under this section that is
pending before the Special Trustee on the effective date of
this section.
(p) Effective Date.--This section shall take effect on April 1,
2014, or 180 days following enactment of this Act into law, whichever
is earlier.
SEC. 306. COST SAVINGS RECOMMENDATIONS.
(a) Cost Savings Identification.--Within 60 days of the effective
date in section 305(p), the Under Secretary shall initiate procedures
to--
(1) identify the programs, functions, services, and
activities (or any portions of programs, functions, services,
or activities) that will not have to operate or carry out as a
result of any transfer of functions and personnel under section
305;
(2) identify the amounts that the Secretary would have
otherwise expended to operate or carry out each program,
function, service, and activity (or any portion of a program,
function, service, or activity) identified pursuant to
paragraph (1); and
(3) provide to the Secretary and the tribal representatives
of the Tribal/Interior Budget Council, within 120 days of the
effective date in section 305(p), a list of the programs,
functions, services, and activities (or any portions of
programs, functions, services, or activities) identified
pursuant paragraph (1) and the amounts associated with each
program, function, service, and activity (or any portion of a
program, function, service, or activity) identified pursuant to
paragraph (2).
(b) Tribal Recommendations.--Within 120 days of receipt of the
information in subsection (a)(3), the tribal representatives of the
Tribal/Interior Budget Council may provide recommendations to the
Secretary and the Office of Management and Budget on how any amounts or
cost savings should be reallocated and/or incorporated into future
budget requests.
SEC. 307. HIRING PREFERENCE.
In appointing or otherwise hiring any employee to the Office, the
Under Secretary shall give preference to Indians in accordance with
section 12 of the Act of June 8, 1934 (25 U.S.C. 472).
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