H.R. 409: Indian Trust Asset Reform Act

Introduced:
Jan 23, 2013 (113th Congress, 2013–2015)
Sponsor:
Rep. Michael “Mike” Simpson [R-ID2]
Status:
Referred to Committee
See Instead:

S. 165 (same title)
Referred to Committee — Jan 28, 2013

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was assigned to a congressional committee on January 23, 2013, which will consider it before possibly sending it on to the House or Senate as a whole.

Progress
Introduced Jan 23, 2013
Referred to Committee Jan 23, 2013
Reported by Committee ...
Passed House ...
Passed Senate ...
Signed by the President ...
Prognosis

9% chance of getting past committee.
1% chance of being enacted.

Only 11% of House bills made it past committee and only 3% were enacted in 2011–2013. [show factors | methodology]

Cosponsors
none
Committees

House Natural Resources

↪ Indian and Alaska Native Affairs

The committee chair determines whether a bill will move past the committee stage.

Full Title

To provide for Indian trust asset management reform, and for other purposes.

Summary

No summaries available.

Text

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Last updated Jan 23, 2013.
34 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

1/23/2013--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.

House Republican Conference Summary

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No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Other Citations

  • 5 U.S.C. Chapter 53