[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5515 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 5515
To amend the Indian Trust Asset Reform Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 19, 2025
Mr. Hurd of Colorado (for himself and Ms. Randall) introduced the
following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
A BILL
To amend the Indian Trust Asset Reform Act.
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 ``Indian Trust Asset Reform Amendment
Act''.
SEC. 2. AMENDMENTS TO INDIAN TRUST ASSET REFORM ACT.
(a) Definitions.--Section 202 of the Indian Trust Asset Reform Act
(25 U.S.C. 5611) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Indian tribe.--The term `Indian tribe' means an
Indian or Alaska Native tribe, band, nation, pueblo, village,
or community identified, including parenthetically, on the list
published by the Secretary pursuant to Section 104 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5131).''; and
(2) by adding at the end the following:
``(4) Tribal organization.--
``(A) In general.--The term `tribal organization'
means any legally established organization of Indians
which is controlled, sanctioned, or chartered by the
governing body of an Indian Tribe or which is
democratically elected by the adult members of the
Indian community to be served by such organization and
which includes the maximum participation of Indians in
all phases of its activities.
``(B) Multiple tribes.--In any case where a
contract is let or grant made to an organization to
perform services benefiting more than one Indian tribe,
the approval of each such Indian tribe shall be a
prerequisite to the letting or making of such contract
or grant.''.
(b) Indian Trust Asset Management Project.--Section 203 of the
Indian Trust Asset Reform Act (25 U.S.C. 5612) is amended to read as
follows:
``SEC. 203. INDIAN TRUST ASSET MANAGEMENT PROJECT.
``(a) In General.--The Secretary shall carry out an Indian trust
asset management project in accordance with this title.
``(b) Participation.--
``(1) In general.--To participate in the project, an Indian
tribe shall submit to the Secretary a proposed Indian trust
asset management plan as described in section 204 of this
title, and a copy of a resolution or other appropriate action
by the governing body of the Indian tribe in support of or
authorizing the submission.
``(2) Tribal organizations.--A tribal organization may
participate in the Project on behalf of an Indian tribe if the
tribal organization--
``(A) submits a proposed Indian trust asset
management plan that identifies the Indian tribe, the
trust assets of which are included in the plan;
``(B) submits a copy of a resolution or other
appropriate action by the governing body of the Indian
tribe that is the owner of the trust assets included in
the Indian trust asset management plan that supports or
authorizes the tribal organization to carry out the
plan; and
``(C) complies with the other provisions of this
title.''.
(c) Indian Trust Asset Management Plan.--Section 204 of the Indian
Trust Asset Reform Act (25 U.S.C. 5613) is amended--
(1) in subsection (a)--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2) respectively; and
(C) in paragraph (1), as so redesignated--
(i) in subparagraph (D)(i), by striking
``may include'' and inserting ``may include,
but are not limited to,''; and
(ii) in subparagraph (G), by striking
``plan'' and inserting ``plan, including
regulations administered by the head of another
Federal department or agency'';
(2) in subsection (b)(1)(B)(i), by striking ``(a)(2)'' and
inserting ``(a)(1)'';
(3) by redesignating subsection (d) as subsection (e);
(4) by inserting after subsection (c) the following:
``(d) Amendment of Approved Plan.--
``(1) In general.--An Indian tribe, or a tribal
organization participating in an Indian trust asset management
plan on behalf of an Indian tribe under section 203(b)(2) of
this title, may propose amendments to the Indian trust asset
management plan that the Secretary has approved or that is
otherwise in effect pursuant to this title; and
``(2) Applicable provisions.--The Secretary shall review
any proposal by an Indian tribe, or a tribal organization
administering an Indian trust asset management plan pursuant to
section 203(b)(2), using the criteria set forth in subsections
(b) and (c) of this section.''; and
(5) by adding at the end the following:
``(f) Eligibility for Funding.--An Indian tribe operating under an
approved Indian trust asset management plan shall continue to be
eligible for, and shall not be disqualified from receiving, Federal
funding to support the Indian tribe's activities under an approved
Indian trust asset management plan, in the same manner and subject to
the same considerations as Indian tribes without an Indian trust asset
management plan.''.
(d) Trust Asset Management.--Section 205 of the Indian Trust Asset
Reform Act (25 U.S.C. 5614) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4) respectively;
(B) by inserting after paragraph (1) the following:
``(2) Forest management plan.--The term `forest management
plan' has the meaning given the term in Section 304 of the
National Indian Forest Resources Management Act of 1990 (25
U.S.C. 3103).''; and
(C) by adding at the end the following:
``(5) Trust assets.--The term `trust assets' means--
``(A) trust lands, natural resources, trust funds,
or other assets held by the Federal Government in trust
for Indian tribes and individual Indians; or
``(B) any resource that is, or has previously been,
included in an integrated resources management plan or
other management plan approved by the Secretary.'';
(2) in subsection (b)--
(A) by striking ``carry out'' and all that follows
through ``would require'' and inserting ``carry out any
transaction or activity related to management of that
Indian tribe's trust assets, including, but not limited
to, a surface leasing transaction, adoption or
amendment of a forest management plan, or forest land
management activity without approval of the Secretary,
regardless of whether the trust asset management
transaction or activity would require'';
(B) in subparagraph (B)--
(i) by striking ``with respect to forest''
and inserting ``with respect to forest
management plans and forest'';
(ii) in clause (ii)(II)(aa), by striking
``the public is'' and all that follows through
``the proposed'' and inserting ``interested
parties are informed of, and have a reasonable
opportunity to comment on a proposed forest
management plan, and any significant
environmental impacts of a proposed''; and
(iii) in clause (ii)(II)(bb)--
(I) by striking ``public comments''
and inserting ``comments from
interested parties''; and
(II) by striking ``forest land''
and inserting ``forest management plan
or forest land'';
(3) by amending subsection (c) to read as follows:
``(c) Types of Transactions.--At the discretion of the applicable
Indian tribe, an Indian trust asset management plan may authorize the
Indian tribe to manage any and all of that Indian tribe's trust assets,
and undertake any transactions and activities related thereto,
including but not limited to adopting or amending a forest management
plan, carrying out a surface leasing transaction, and carrying out a
forest land management activity, and the Secretary shall defer to any
such discretionary trust asset management decision by the Indian tribe
to the extent such decision is consistent with both the Indian trust
asset management plan and this section.''.
(4) in subsection (f)--
(A) by striking ``executes a surface'' and all that
follows through ``pursuant to tribal regulations'' and
inserting ``undertakes an activity or transaction
related to a trust asset, pursuant to the Indian
tribe's trust asset management plan and tribal
regulations'';
(B) in paragraph (1), by striking ``the surface
leasing transaction or forest land management activity
documents'' and inserting ``activity or transaction
documents''; and
(C) in paragraph (2), by striking ``a surface
leasing transaction, or forest land management
activities'' and inserting ``or an activity or
transaction related to a trust asset''; and
(5) in subsection (g)(1)(A), by striking ``the execution of
any forest land management activity'' and inserting ``any
activity or transaction related to a trust asset and undertaken
by the Indian tribe''.
(e) Trust Responsibility.--Section 206(f) of the Indian Trust Asset
Reform Act (25 U.S.C. 5615(f)) is amended to read as follows:
``(f) Trust Responsibility.--Nothing in this title enhances,
diminishes, or otherwise affects the trust responsibility of the United
States to Indian tribes.''.
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