American Indian Trust Responsibility Review Act of 2014 - Establishes the American Indian Trust Review Commission to: (1) conduct a comprehensive review of the unique trust relationship between the United States and federally recognized Indian tribes, and (2) report to Congress within two years of this Act's enactment.
Requires the study to analyze:
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4388 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4388
To establish the American Indian Trust Review Commission, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 3, 2014
Mr. Gosar (for himself, Mr. Daines, Mr. Schweikert, Mr. Young of
Alaska, Mr. Cole, Mr. Mullin, Mr. Tipton, Mr. Carney, Mr. Franks of
Arizona, Mr. Salmon, Ms. McCollum, Mr. Honda, Mr. Faleomavaega, and
Mrs. Kirkpatrick) introduced the following bill; which was referred to
the Committee on Natural Resources
_______________________________________________________________________
A BILL
To establish the American Indian Trust Review Commission, 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.
This Act may be cited as the ``American Indian Trust Responsibility
Review Act of 2014''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds as follows:
(1) The Final Report of the American Indian Policy Review
Committee, published in 1977, made a number of recommendations
regarding the United States administration of its trust
relationship with federally recognized Indian tribes and their
members, many of which have not been implemented.
(2) There has been no general, comprehensive review of the
United States trust relationship with federally recognized
Indian tribes since the publication of the Final Report of the
American Indian Policy Review Committee.
(3) The trust relationship has evolved over time and there
is a clear need to re-examine the administration of the United
States constitutional trust responsibility.
(4) The duties administered by Federal agencies charged
with protecting federally recognized Indian tribal trust
resources and providing services often conflict with other
duties discharged by the same or separate Federal agencies and
departments and it is the beneficiaries of the trust
relationship that suffer as a result.
(5) In carrying out its trust responsibilities to federally
recognized Indian tribes and their members, it is crucial that
Congress have the benefit of a review of the United States
trust relationship with federally recognized Indian tribes to
improve its ability to exercise oversight over the Executive
Branch, pursue policies to empower tribal self-determination,
and better administer the trust relationship.
SEC. 3. DECLARATION.
Congress declares that it is timely and essential to conduct a
review of the current state of the United States unique trust
relationship with federally recognized Indian tribes and their members
in order to better administer constitutional trust responsibilities and
make necessary revisions in relevant trust statutes, regulations, and
policies for the benefit of American Indian people.
SEC. 4. ESTABLISHMENT OF THE AMERICAN INDIAN TRUST REVIEW COMMISSION.
(a) Establishment.--In order to carry out the purposes of this Act,
there is hereby established the American Indian Trust Review
Commission, hereinafter referred to as the ``Commission''.
(b) Membership.--
(1) Composition.--The Commission shall be composed of 12
members, of whom--
(A) 4 shall be appointed by the President, in
consultation with the Secretary of the Interior;
(B) 3 shall be appointed by the Speaker of the
House of Representatives, in consultation with the
Chairman of the Committee on Natural Resources of the
House of Representatives;
(C) 1 shall be appointed by the Minority Leader of
the House of Representatives, in consultation with the
Ranking Member of the Committee on Natural Resources of
the House of Representatives;
(D) 3 shall be appointed by the Majority Leader of
the Senate, in consultation with the Chairman of the
Committee on Indian Affairs; and
(E) 1 shall be appointed by the Minority Leader of
the Senate, in consultation with the Vice Chairman of
the Committee on Indian Affairs.
(2) Diversity of qualifications.--In making appointments to
the Commission, every effort shall be made to select
individuals whose qualifications are not already represented by
other members of the Commission.
(3) Term.--Each member shall be appointed for the life of
the Commission.
(4) Time for initial appointments.--The appointment of the
members of the Commission shall be made no later than 60 days
after the date of enactment of this Act.
(c) Commission Organization.--At its organizational meeting, the
members of the Commission appointed pursuant to subsection (b)(1) of
this section shall elect from their members, a Chairman and Vice
Chairman immediately thereafter.
(d) Vacancies.--Vacancies in the membership of the Commission shall
not affect the power of the remaining members to execute the functions
of the Commission and shall be filled in the same manner as in the case
of the original appointment of the member whose seat is vacated.
(e) Quorum.--Eight members of the Commission shall constitute a
quorum, but a smaller number, as determined by the Commission, may
conduct hearings.
SEC. 5. DUTIES OF THE COMMISSION.
(a) Investigation; Study.--The Commission shall conduct a
comprehensive review of the unique trust relationship between the
United States and federally recognized Indian tribes. The study shall
include--
(1) a study and analysis of the Constitution, and relevant
treaties, compacts, statutes, judicial interpretations, and
Executive Orders to determine the attributes of the unique
trust relationship between the Federal Government, and
federally recognized Indian tribes;
(2) a review of the policies, practices, and structure of
the Federal agencies charged with protecting Indian tribal
trust resources and providing services to Indians;
(3) a management study of the Bureau of Indian Affairs and
its ability to discharge its trust responsibilities without
conflicting with the duties of other Federal agencies and
departments;
(4) a review of relevant statutes, regulations, and
policies to determine the feasibility of authorizing Indian
tribes, in their discretion, to assume some or all of the
functions, programs, services, and activities now currently
undertaken and provided by the Federal Government;
(5) a compilation, collection, and analysis of data
necessary to understand the extent of the needs of federally
recognized Indian tribes, including the adequacy of educational
systems, health care, public safety, and infrastructure;
(6) the feasibility of creating high-level positions within
the Executive Branch to provide federally recognized Indian
tribes with maximum participation in policy formation and
program development, and the viability of a mechanism to ensure
the continuation of critical programs for federally recognized
Indian tribes;
(7) an examination of the appropriate role of State and
local governments involvement in actions that permit government
and public input and the degree to which the Federal Government
can adequately balance those interests without conflicting with
its trust responsibilities towards federally recognized Indian
tribes; and
(8) the recommendations modifying existing laws,
procedures, regulations, policies, and practices as will, in
the judgment of the Commission, best serve to carry out the
policy and declarations of the purposes of the Commission.
(b) Hearings.--
(1) In general.--The Commission shall hold hearings, meet,
act, take testimony, and receive evidence as the Commission
considers to be advisable to carry out the duties of the
Commission under this Act.
(2) Public requirement.--The hearings of the Commission
shall be open to the public and held in geographically diverse
locations.
(3) Preference.--When considering hearing witnesses, the
Commission shall exercise a preference to invite elected
officials from a federally recognized Indian tribe before
seeking participation from any tribal organization.
SEC. 6. POWERS OF THE COMMISSION.
(a) Commission Rules.--The Commission may make rules respecting its
organization and procedures, as it deems necessary, except that no
recommendations shall be reported from the Commission unless a majority
of the Commission assents.
(b) Information From Federal, Tribal, State, and Local Agencies.--
(1) In general.--The Commission may secure directly from a
Federal agency such information as the Commission considers to
be necessary to carry out this Act.
(2) Tribal, state, and local agencies.--The Commission may
request the head of any agency of a federally recognized Indian
tribe, State, or unit of local government to provide the
Commission with such information as the Commission considers
necessary to carry out this Act.
SEC. 7. COMMISSION PERSONNEL.
(a) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(b) Staff.--
(1) In general.--The Chairperson of the Commission, in
consultation with the Vice Chairman of the Commission, may--
(A) without regard to the civil service laws and
regulations, appoint and terminate an executive
director and such other additional personnel as may be
necessary to enable the Commission to perform its
duties; and
(B) fix the compensation of the executive director
and other personnel without regard to chapter 51 and
subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and
General Schedule pay rates, except that the rate of pay
for the executive director and other personnel may not
exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title.
(2) Executive director subject to confirmation.--The
employment of an executive director shall be subject to
confirmation by the Commission by a majority of Commission
members voting.
(c) Detail of Government Employees.--At the request of the
Commission, and in the discretion of the relevant agency, any Federal
Government employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or loss of
civil service status or privilege.
(d) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals that do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 8. REPORT OF THE COMMISSION.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Commission shall submit to the President and Congress
a report that contains--
(1) a detailed statement of findings and conclusions of the
Commission; and
(2) the recommendations of the Commission for such
legislative and administrative actions as the Commission
considers appropriate.
(b) Extension.--The President may grant an extension to allow the
report required under subsection (a) to be submitted not later than 3
years after the date of the enactment of this Act.
(c) Online Access.--The Commission shall make the report required
by paragraph (1) publically available on the website of the Department
of the Interior.
SEC. 9. NONAPPPLICABILITY OF THE FACA.
The Federal Advisory Committee Act (5 U.S.C. App. 2) shall not
apply to the Commission.
SEC. 10. TERMINATION OF THE COMMISSION.
The Commission shall terminate 30 days after the Commission submits
its report under section 8.
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Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee Indian and Alaska Native Affairs.
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