Sec. 204. Indian trust asset management plan
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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). A proposed Indian trust asset management plan shall include provisions that— identify the trust assets that will be subject to the plan; 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; 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; 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— identify the functions or activities that are being performed by the Indian tribe under the contracts or compacts; and describe the practices and procedures that the Indian tribe will follow; 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; include a process for the Indian tribe and the Federal agencies affected by the trust asset management plan to conduct evaluations to ensure that trust assets are being managed in accordance with the plan; and identify any Federal regulations that will be superseded by the plan.
On receipt of a written request from an Indian tribe, the Secretary shall provide to the Indian tribe any technical assistance and information, including budgetary information, that the Indian tribe determines to be necessary for preparation of a proposed plan. 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. The Secretary shall approve a proposed plan unless the Secretary determines that— the proposed plan fails to address a requirement under subsection (a)(2); the proposed plan includes 1 or more provisions that are inconsistent with subsection (c); or 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.
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. If a proposed plan is disapproved under paragraph (1)(B), the Indian tribe may resubmit an amended proposed plan by not later than 90 days after the date on which the Indian tribe receives the notice under subparagraph (A). If the Secretary fails to approve or disapprove a proposed plan in accordance with paragraph (1), the plan shall be considered to be approved.
An Indian tribe may seek judicial review of a determination of the Secretary under this subsection 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— the Secretary disapproves the proposed plan of the Indian tribe under paragraph (1); and the Indian tribe has exhausted all other administrative remedies available to the Indian tribe. Except as provided in subsection (e), 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 all 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.
Subject to the treaties, statutes, Executive orders, and court decisions referred to in paragraph (1), an Indian trust asset management plan shall not be approved unless the Secretary determines that the plan will— conform, to the maximum extent practicable, to the preferred use of each applicable trust asset by the beneficial owner, unless the use is inconsistent with a provision referred to in paragraph (1); and protect any applicable treaty-based fishing, hunting and gathering, and similar rights relating to the use, access, or enjoyment of a trust asset.
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 notice of the intent of the Indian tribe to terminate the plan; and a resolution of the governing body of the Indian tribe authorizing the termination of the plan. 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). In this subsection: The term forest land management activity means any activity described in section 304(4) of the National Indian Forest Resources Management Act ( 25 U.S.C. 3103(4) ). The term interested party means an Indian or non-Indian individual, entity, or government the interests of which could be adversely affected by a tribal trust land leasing decision made by an applicable Indian tribe. The term surface leasing transaction means a residential, business, agricultural, or wind or solar resource lease of land the title to which is held— in trust by the United States for the benefit of an Indian tribe; or in fee by an Indian tribe, subject to restrictions against alienation under Federal law. Notwithstanding subsection (c)(1), the Secretary may approve an Indian trust asset management plan that includes a provision authorizing the Indian tribe to enter into, approve, and carry out a surface leasing transaction or forest land management activity without approval of the Secretary, regardless of whether the surface leasing transaction or forest land management activity would require such an approval under otherwise applicable law (including regulations), if— the resolution or other action of the governing body of the Indian tribe referred to in section 203(c)(2)(A) expressly authorizes the inclusion of the provision in the Indian trust asset management plan; and the Indian tribe has adopted regulations expressly incorporated by reference into the Indian trust asset management plan that— with respect to a surface leasing transaction— have been approved by the Secretary pursuant to subsection (h)(4) of the first section of the Act of August 9, 1955 ( 25 U.S.C. 415(h)(4) ); or have not yet been approved by the Secretary in accordance with subclause (I), but that the Secretary determines at or prior to the time of approval under this paragraph meet the requirements of subsection (h)(3) of the first section of that Act ( 25 U.S.C. 415(h)(3) ); or with respect to forest land management activities, the Secretary determines— are consistent with the regulations of the Secretary adopted under the National Indian Forest Resources Management Act ( 25 U.S.C. 3101 et seq. ); and provide for an environmental review process that includes— the identification and evaluation of any significant effects of the proposed action on the environment; and a process for ensuring that— the public is informed of, and has a reasonable opportunity to comment on, any significant environmental impacts of the proposed timber resource transaction identified by the Indian tribe; and the Indian tribe provides responses to relevant and substantive public comments on any such impacts before the Indian tribe approves the timber resource transaction. At the discretion of the Indian tribe, an Indian trust asset management plan may authorize the Indian tribe to carry out a surface leasing transaction, a forest land management activity, or both. At the discretion of the Indian tribe, the Indian tribe may include in the integrated resource management plan any 1 or more of the transactions and activities authorized to be included in the plan under subparagraph (A). The Secretary may provide technical assistance, on request of an Indian tribe, for development of a regulatory environmental review process required under paragraph (2)(B)(ii)(II). The technical assistance to be provided by the Secretary pursuant to subparagraph
(A)may be made available through contracts, grants, or agreements entered into in accordance with, and made available to entities eligible for, contracts, grants, or agreements under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. ). Notwithstanding paragraph (2), if an Indian tribe carries out a project or activity funded by a Federal agency, the Indian tribe shall have the authority to rely on the environmental review process of the applicable Federal agency, rather than any tribal environmental review process under this subsection. If an Indian tribe executes a surface leasing transaction or timber resource transaction pursuant to tribal regulations under paragraph (2), the Indian tribe shall provide to the Secretary— a copy of the surface leasing transaction or timber resource transaction documents, including any amendments to, or renewals of, the applicable transaction; and in the case of tribal regulations, a surface leasing transaction, or forest land management activities that allow payments to be made directly to the Indian tribe, documentation of the payments that is sufficient to enable the Secretary to discharge the trust responsibility of the United States under paragraph (7). The United States shall not be liable for losses sustained by any party to a lease executed pursuant to tribal regulations under paragraph (2). Pursuant to the authority of the Secretary to fulfill the trust obligation of the United States to Indian tribes under Federal law (including regulations), the Secretary may, on reasonable notice from the applicable Indian tribe and at the discretion of the Secretary, enforce the provisions of, or cancel, any lease executed by the Indian tribe under paragraph (2). An interested party, after exhausting any applicable tribal remedies, may submit to the Secretary a petition, at such time and in such form as the Secretary determines to be appropriate, to review the compliance of an applicable Indian tribe with any tribal regulations approved by the Secretary under this subsection. If the Secretary determines under subparagraph
(A)that a violation of tribal regulations has occurred, the Secretary may take any action the Secretary determines to be necessary to remedy the violation, including rescinding the approval of the tribal regulations and reassuming responsibility for the approval of leases of tribal trust land. If the Secretary determines under subparagraph
(A)that a violation of tribal regulations has occurred and a remedy is necessary, the Secretary shall— make a written determination with respect to the regulations that have been violated; provide to the applicable Indian tribe a written notice of the alleged violation, together with the written determination; and prior to the exercise of any remedy, the rescission of the approval of the regulation involved, or the reassumption of the trust asset transaction approval responsibilities, provide to the applicable Indian tribe— a hearing on the record; and a reasonable opportunity to cure the alleged violation.
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