Summary

1/28/2013--Introduced.Indian Trust Asset Reform Act - Reaffirms the federal government's fiduciary responsibilities to Indians. States that: (1) the most exacting common law fiduciary standards governing private trustees also... Read More

Status

This bill was introduced on Jan 28, 2013, in a previous session of Congress, but was not passed.

Date Introduced
Jan 28, 2013

Co-Sponsors

r-1

Bill Text

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...

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10 Supporting
7 Opposing
59% 41%

State: CA

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District: 1st

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Users Opposing

I oppose S. 165 ("A bill to provide for Indian trust asset management reform, and for other purposes.") because..."AND FOR OTHER PURPOSES" almost always ends up in mismanagement. I think the indians are getting too much in this day and age in the first place. Now, if the bill reflected the indians being treated like the rest of the citizens of the state in which they resided, I would be in favor.

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Francis525
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2 years ago

Bill Summary

1/28/2013--Introduced.Indian Trust Asset Reform Act - Reaffirms the federal government's fiduciary responsibilities to Indians. States that: (1) the most exacting common law fiduciary standards governing private trustees also govern the federal government when it manages Indian Trust Assets, and (2) those standards are not limited to the express terms of statutes and regulations. Indian Trust Asset Management Demonstration Project Act of 2013 - Directs the Secretary of the Interior to establish an eight-year Indian trust asset management demonstration project that allows Indian tribes to propose, for the Secretary's approval, Indian trust asset management plans. Allows participating Indian tribes that contract or compact trust management functions or activities under the Indian Self-Determination and Education Assistance Act to develop and carry out trust asset management systems, practices, and procedures that differ from the Secretary's. Requires each plan to: (1) be consistent with all tribal laws and all federal treaties, statutes, executive orders, and court decisions applicable to the trust assets and their management; (2) establish procedures for nonbinding mediation or resolution of any plan-related disputes between the Indian tribe and the federal government; (3) include an annual evaluation by the Indian tribe and affected federal agencies of the plan's implementation; and (4) identify any federal regulations that the plan will supersede. Prohibits the approval of any plan that does not: (1) protect trust assets from loss, waste, and unlawful alienation; and (2) promote the interests of the trust asset's beneficial owner. Establishes, in the Department of the Interior, an Under Secretary for Indian Affairs who is to report directly to the Secretary and assume the functions of the Assistant Secretary for Indian Affairs and the Office of Special Trustee for American Indians. Requires the Office of the Under Secretary to carry out additional duties relating to the management of Indian trust assets and resources through an Office of Trust Reform Implementation and Oversight. Requires the Under Secretary to give a hiring preference to Indians.

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