,i #aacth ,,congress #ast ,session ,h4 ,r4 #dji ,,in ,,the ,,house ,,of ,,representatives ,january #bc1 #bjac ,mr4 ,simpson introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to provide for ,indian trust asset management reform1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,indian ,trust ,asset ,reform ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,,recognition ,,of ,,trust ,,responsibility ,sec4 #aja4 ,congressional statement of findings4 ,sec4 #ajb4 ,congressional reaffirmation of policy4 ,,title ,,ii--,,indian ,,trust ,,asset ,,management ,,demonstration ,,project ,,act ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,definitions4 ,sec4 #bjc4 ,establishment of demonstration project2 selection of participating ,indian tribes4 ,sec4 #bjd4 ,indian trust asset management plan4 ,sec4 #bje4 ,effect of title4 ,,title ,,iii--,,restructuring ,,bureau ,,of ,,indian ,,affairs ,,and ,,office ,,of ,,special ,,trustee ,sec4 #cja4 ,purpose4 ,sec4 #cjb4 ,definitions4 ,sec4 #cjc4 ,under ,secretary for ,indian ,affairs4 ,sec4 #cjd4 ,transfer of functions of ,assistant ,secretary for ,indian ,affairs4 ,sec4 #cje4 ,office of ,special ,trustee for ,american ,indians4 ,sec4 #cjf4 ,cost savings recommendations4 ,sec4 #cjg4 ,hiring preference4 ,i ,,recognition ,,of ,,trust ,,responsibility #aja4 ,congressional statement of findings ,the ,congress1 after careful review of the ,federal ,government's historical and special legal relationship with1 and resulting responsibilities to1 ,american ,indian people1 finds that-- 7#a7 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 sovereign1 the stronger one assumes a duty of protection for the weaker one1 which does not surrender its right to self-government2 7#b7 the ,united ,states fiduciary responsibilities to ,indians also constitutes a foundational basis for1 not merely a function of1 congressional legislation regarding ,indians because it constitutes an inherent presupposition of our constitutional structure1 which provides an inherent limit on the exercise and application of the ,indian ,commerce ,clause and the ,treaty ,clause of the ,constitution2 7#c7 the ,united ,states fiduciary responsibilities to ,indians also are founded in part on specific commitments made through written treaties and agreements securing peace1 in exchange for which ,indians have surrendered claims to vast tracts of land1 which provided legal consideration for permanent1 ongoing performance of ,federal trust duties2 and 7#d7 the foregoing historic ,federal-tribal relations and understandings have benefitted the people of the ,united ,states as a whole for centuries and established enduring and enforceable ,federal obligations to which the national honor has been committed4 #ajb4 ,congressional reaffirmation of policy ,pursuant to its constitutionally vested authority over ,indian affairs1 the ,congress hereby reaffirms the following regarding the proper discharge of the ,united ,states fiduciary responsibilities to ,indians-- 7#a7 enforceable fiduciary duties necessarily arise when the ,united ,states assumes control or supervision over tribal trust assets even though nothing is said expressly in the governing statutes or regulations1 unless ,congress has expressly specified otherwise2 7#b7 in general1 the most exacting common-law fiduciary standards which govern private trustees also govern the ,united ,states when it manages ,indian trust assets1 and enforceable ,federal trust duties for ,indian trust asset management are not limited to the express terms of statutes and regulations2 7#c7 the fact that the ,united ,states simultaneously performs another task for another interest that ,congress has obligated it by statute to do does not compromise or limit the ,united ,states enforceable fiduciary obligations to ,indians2 and 7#d7 the ,united ,states fiduciary responsibilities to ,indian tribes include and are not limited by a duty to promote tribal self-determination regarding governmental authority and economic development4 ,,ii ,,indian ,,trust ,,asset ,,management ,,demonstration ,,project ,,act #bja4 ,short title ,this title may be cited as the ,indian ,trust ,asset ,management ,demonstration ,project ,act of #bjac4 #bjb4 ,definitions ,in this title3 7#a7 ,project ,the term ,project means the ,indian trust asset management demonstration project established under section #ajc7;a74 7#b7 ,indian tribe ,the term ,indian tribe means an ,indian tribe that-- 7,a7 is federally recognized2 and 7,b7 submits an application under section #bjc7;c74 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #bjc4 ,establishment of demonstration project2 selection of participating ,indian tribes 7a7 ,in general ,the ,secretary shall establish and carry out an ,indian trust asset management demonstration project1 in accordance with this title4 7b7 ,selection of participating ,indian tribes 7#a7 ,indian tribes 7,a7 ,in general ,any ,indian tribe shall be eligible to participate in the ,project if-- 7i7 the ,indian tribe submits to the ,secretary an application under subsection 7c72 and 7ii7 the ,secretary approves the application of the ,indian tribe4 7#b7 ,notice 7,a7 ,in general ,the ,secretary shall provide a written notice to each ,indian tribe approved to participate in the ,project4 7,b7 ,contents ,a notice under subparagraph 7,a7 shall include-- 7i7 a statement that the application of the ,indian tribe has been approved by the ,secretary2 and 7ii7 a requirement that the ,indian tribe shall submit to the ,secretary a proposed ,indian trust asset management plan in accordance with section #ajd4 7c7 ,application 7#a7 ,in general ,to be eligible to participate in the ,project1 an ,indian tribe shall submit to the ,secretary a written application in accordance with paragraph 7#b74 7#b7 ,requirements ,the ,secretary shall take into consideration an application under this subsection only if the application-- 7,a7 includes a copy of a resolution or other appropriate action by the governing body of the ,indian tribe1 as determined by the ,secretary1 in support of or authorizing the application2 7,b7 is received by the ,secretary after the date of enactment of this ,act2 and 7,c7 states that the ,indian tribe is requesting to participate in the ,project4 7d7 ,duration ,the ,project shall remain in effect for a period of #h years after the date of enactment of this ,act4 #bjd4 ,indian trust asset management plan 7a7 ,proposed plan 7#a7 ,submission ,after the date on which an ,indian tribe receives a notice from the ,secretary under section #bjc7;b77#b71 the ,indian tribe shall submit to the ,secretary a proposed ,indian trust asset management plan in accordance with paragraph 7#b74 7#b7 ,contents ,a proposed ,indian trust asset management plan shall include provisions that-- 7,a7 identify the trust assets that will be subject to the plan1 including financial and nonfinancial trust assets2 7,b7 establish trust asset management objectives and priorities for ,indian trust assets that are located within the reservation1 or otherwise subject to the jurisdiction1 of the ,indian tribe2 7,c7 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 priorities2 7,d7 if the ,indian tribe has contracted or compacted functions or activities under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq47 relating to the management of trust assets-- 7i7 identify the functions or activities that are being performed by the ,indian tribe under the contracts or compacts2 and 7ii7 describe the proposed management systems1 practices1 and procedures that the ,indian tribe will follow2 7,e7 establish procedures for nonbinding mediation or resolution of any dispute between the ,indian tribe and the ,united ,states relating to the trust asset management plan2 7,f7 include a process for the ,indian tribe and the ,federal agencies affected by the trust asset management plan to conduct annual evaluations to ensure that trust assets are being managed in accordance with the plan2 and 7,g7 identify any ,federal regulations that will be superseded by the plan4 7#c7 ,authority of ,indian tribes to develop systems1 practices1 and procedures ,for purposes of preparing and carrying out a management plan under this section1 an ,indian tribe that has compacted or contracted activities or functions under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq471 for purposes of carrying out the activities or functions1 may develop and carry out trust asset management systems1 practices1 and procedures that differ from any such systems1 practices1 and procedures used by the ,secretary in managing the trust assets if the systems1 practices1 and procedures of the ,indian tribe meet the requirements of the laws1 standards1 and responsibilities described in subsection 7c74 7#d7 ,technical assistance and information ,the ,secretary shall provide to an ,indian tribe any technical assistance and information1 including budgetary information1 that the ,indian tribe determines to be necessary for preparation of a proposed plan on receipt of a written request from the ,indian tribe4 7b7 ,approval and disapproval of proposed plans 7#a7 ,approval 7,a7 ,in general ,not later than #abj days after the date on which an ,indian tribe submits a proposed ,indian trust asset management plan under subsection 7a71 the ,secretary shall approve or disapprove the proposed plan4 7,b7 ,requirements for disapproval ,the ,secretary shall approve a proposed plan unless the ,secretary determines that-- 7i7 the proposed plan fails to address a requirement under subsection 7a77#b72 7ii7 the proposed plan includes one or more provisions that are inconsistent with subsection 7c72 or 7iii7 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 plan4 7#b7 ,action on disapproval 7,a7 ,notice ,if the ,secretary disapproves a proposed plan under paragraph 7#a77;,b71 the ,secretary shall provide to the ,indian tribe a written notice of the disapproval1 including any reason why the proposed plan was disapproved4 7,b7 ,action by tribes ,if a proposed plan is disapproved under paragraph 7#a77;,b71 the ,indian tribe may resubmit an amended proposed plan not later than #ij days after the date on which the ,indian tribe receives the notice under subparagraph 7,a74 7#c7 ,failure to approve or disapprove ,if the ,secretary fails to approve or disapprove a proposed plan in accordance with paragraph 7#a71 the plan shall be considered to be approved4 7#d7 ,judicial review ,an ,indian tribe may seek judicial review of the determination of the ,secretary in accordance with subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act7 if-- 7,a7 the ,secretary disapproves the proposed plan of the ,indian tribe under paragraph 7#a7 or 7#c72 and 7,b7 the ,indian tribe has exhausted any other administrative remedy available to the ,indian tribe4 7c7 ,applicable laws2 standards2 trust responsibility 7#a7 ,applicable laws ,an ,indian trust asset management plan1 and any activity carried out under the plan1 shall not be approved unless the proposed plan is consistent with-- 7,a7 all ,federal treaties1 statutes1 ,executive orders1 and court decisions that are applicable to the trust assets1 or the management of the trust assets1 identified in the plan2 and 7,b7 all tribal laws that are applicable to the trust assets1 or the management of trust assets1 identified in the plan1 except to the extent that the laws are inconsistent with the treaties1 statutes1 ,executive orders1 and court decisions referred to in subparagraph 7,a74 7#b7 ,standards ,subject to the laws referred to in paragraph 7#a77;,a71 an ,indian trust asset management plan shall not be approved unless the ,secretary determines that the plan will-- 7,a7 protect trust assets from loss1 waste1 and unlawful alienation2 7,b7 promote the interests of the beneficial owner of the trust asset2 7,c7 conform1 to the maximum extent practicable1 to the preferred use of the trust asset by the beneficial owner1 unless the use is inconsistent with a treaty1 statute1 regulation1 ,executive order1 or court decision referred to in paragraph 7#a77;,a72 7,d7 protect any applicable treaty-based fishing1 hunting and gathering1 and similar rights relating to the use1 access1 or enjoyment of a trust asset2 and 7,e7 require that any activity carried out under the plan be carried out in good faith and with loyalty to the beneficial owner of the trust asset4 7#c7 ,trust responsibility ,an ,indian trust asset management plan shall not be approved unless the ,secretary determines that the plan is consistent with the trust responsibility of the ,united ,states to the ,indian tribe and individual ,indians4 7d7 ,termination of plan 7#a7 ,in general ,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-- 7,a7 a notice of the intent of the ,indian tribe to terminate the plan2 and 7,b7 a resolution of the governing body of the ,indian tribe authorizing the termination of the plan4 7#b7 ,effective date ,a termination of an ,indian trust asset management plan under paragraph 7#a7 takes effect on ,october #a of the first fiscal year following the date on which a notice is provided to the ,secretary under paragraph 7#a77;,a74 #bje4 ,effect of title 7a7 ,liability ,nothing in this title1 or a trust asset management plan approved under section #bjd1 shall independently diminish1 increase1 create1 or otherwise affect the liability of the ,united ,states or an ,indian tribe participating in the ,project for any loss resulting from the management of an ,indian trust asset under an ,indian trust asset management plan4 7b7 ,effect on other laws ,except for any regulation superseded by a trust asset management plan approved under section #bjd1 nothing in this title amends or otherwise affects the application of any treaty1 statute1 regulation1 ,executive order1 or court decision that is applicable to ,indian trust assets or the management or administration of ,indian trust assets4 7c7 ,trust responsibility ,nothing in this title diminishes or otherwise affects the trust responsibility of the ,united ,states to ,indian tribes and individual ,indians4 ,,iii ,,restructuring ,,bureau ,,of ,,indian ,,affairs ,,and ,,office ,,of ,,special ,,trustee #cja4 ,purpose ,the purpose of this title is to ensure a more effective and accountable administration of duties of the ,secretary of the ,interior with respect to providing services and programs to ,indians and ,indian tribes1 including the management of ,indian trust resources4 #cjb4 ,definitions ,in this title3 7#a7 ,bureau ,the term ,bureau means the ,bureau of ,indian ,affairs4 7#b7 ,office ,the term ,office means the ,office of ,trust ,reform ,implementation and ,oversight referred to in section #cjc7;c74 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#d7 ,under secretary ,the term ,under ,secretary means the individual appointed to the position of ,under ,secretary for ,indian ,affairs1 established by section #cjc7;a74 #cjc4 ,under ,secretary for ,indian ,affairs 7a7 ,establishment of position ,there is established in the ,department of the ,interior the position of ,under ,secretary for ,indian ,affairs1 who shall report directly to the ,secretary4 7b7 ,appointment 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,under ,secretary shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7#b7 ,exception ,the officer serving as the ,assistant ,secretary for ,indian ,affairs on the date of enactment of this ,act may assume the position of ,under ,secretary without appointment under paragraph 7#a7 if-- 7,a7 the officer was appointed as ,assistant ,secretary for ,indian ,affairs by the ,president by and with the advice and consent of the ,senate2 and 7,b7 not later than #ahj days after the date of enactment of this ,act1 the ,secretary approves the assumption4 7c7 ,duties ,in addition to the duties transferred to the ,under ,secretary under sections #cjd and #cje1 the ,under ,secretary1 acting through an ,office of ,trust ,reform ,implementation and ,oversight1 shall-- 7#a7 carry out any activity relating to trust fund accounts and trust resource management of the ,bureau 7except any activity carried out under the ,office of the ,special ,trustee for ,american ,indians before the date on which the ,office of the ,special ,trustee is abolished71 in accordance with the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq472 7#b7 develop and maintain an inventory of ,indian trust assets and resources2 7#c7 coordinate with the ,special ,trustee for ,american ,indians to ensure an orderly transition of the functions of the ,special ,trustee under section #cje2 7#d7 supervise any activity carried out by the ,department of the ,interior1 including but not limited to-- 7,a7 to the extent that the activities relate to ,indian affairs1 activities carried out by-- 7i7 the ,commissioner of ,reclamation2 7ii7 the ,director of the ,bureau of ,land ,management2 7iii7 the ,director of the ,office of ,natural ,resources ,revenue2 7iv7 the ,director of the ,national ,park ,service2 and 7v7 the ,director of the ,u4,s4 ,fish and ,wildlife ,service2 and 7,b7 intergovernmental relations between the ,bureau and ,indian tribal governments2 7#e7 to the maximum extent practicable1 coordinate activities and policies of the ,bureau with activities and policies of-- 7,a7 the ,bureau of ,reclamation2 7,b7 the ,bureau of ,land ,management2 7,c7 the ,office of ,natural ,resources ,revenue2 7,d7 the ,national ,park ,service2 and 7,e7 the ,u4,s4 ,fish and ,wildlife ,service2 7#f7 provide for regular consultation with ,indians and ,indian tribes that own interests in trust resources and trust fund accounts2 7#g7 manage and administer ,indian trust resources in accordance with any applicable ,federal law2 7#h7 take steps to protect the security of data relating to individual ,indian and ,indian tribal trust accounts2 and 7#i7 take any other measure the ,under ,secretary determines to be necessary with respect to ,indian affairs4 #cjd4 ,transfer of functions of ,assistant ,secretary for ,indian ,affairs 7a7 ,transfer of functions ,there is transferred to the ,under ,secretary any function of the ,assistant ,secretary for ,indian ,affairs that has not been carried out by the ,assistant ,secretary as of the date of enactment of this ,act4 7b7 ,determinations of certain functions by the office of management and budget ,if necessary1 the ,office of ,management and ,budget shall make any determination relating to the functions transferred under subsection 7a74 7c7 ,personnel provisions 7#a7 ,appointments ,the ,under ,secretary may appoint and fix the compensation of such officers and employees as the ,under ,secretary determines to be necessary to carry out any function transferred under this section4 7#b7 ,requirements ,except as otherwise provided by law-- 7,a7 an officer or employee described in paragraph 7#a7 shall be appointed in accordance with the civil service laws2 and 7,b7 the compensation of the officer or employee shall be fixed in accordance with title #e1 ,united ,states ,code4 7d7 ,delegation and assignment 7#a7 ,in general ,except as otherwise expressly prohibited by law or otherwise provided by this section1 the ,under ,secretary may-- 7,a7 delegate any of the functions transferred to the ,under ,secretary by this section and any function transferred or granted to the ,under ,secretary after the date of enactment of this ,act to such officers and employees of the ,office as the ,under ,secretary may designate2 and 7,b7 authorize successive redelegations of such functions as the ,under ,secretary determines to be necessary or appropriate4 7#b7 ,delegation ,no delegation of functions by the ,under ,secretary under this section shall relieve the ,under ,secretary of responsibility for the administration of the functions4 7e7 ,reorganization ,the ,under ,secretary may allocate or reallocate any function transferred under this section among the officers of the ,office1 and establish1 consolidate1 alter1 or discontinue such organizational entities in the ,office1 as the ,under ,secretary determines to be necessary or appropriate4 7f7 ,rules ,the ,under ,secretary may prescribe1 in accordance with the provisions of chapters #e and #f of title #e1 ,united ,states ,code1 such rules and regulations as the ,under ,secretary determines to be necessary or appropriate to administer and manage the functions of the ,office4 7g7 ,transfer and allocations of appropriations and personnel 7#a7 ,in general ,except as otherwise provided in this section1 the personnel employed in connection with1 and the assets1 liabilities1 contracts1 property1 records1 and unexpended balances of appropriations1 authorizations1 allocations1 and other funds employed1 used1 held1 arising from1 available to1 or to be made available in connection with1 the functions transferred by this section1 subject to section #aeca of title #ca1 ,united ,states ,code1 shall be transferred to the ,office4 7#b7 ,unexpended funds ,unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated4 7h7 ,incidental transfers 7#a7 ,in general ,the ,director of the ,office of ,management and ,budget1 at any time the ,director may provide1 may make such determinations as are necessary with regard to the functions transferred by this section1 and make such additional incidental dispositions of personnel1 assets1 liabilities1 grants1 contracts1 property1 records1 and unexpended balances of appropriations1 authorizations1 allocations1 and other funds held1 used1 arising from1 available to1 or to be made available in connection with such functions1 as are necessary1 to carry out this section4 7#b7 ,termination of affairs ,the ,director of the ,office of ,management and ,budget shall provide for the termination of the affairs of all entities terminated by this section and for any further measures and dispositions as are necessary to effectuate the purposes of this section4 7i7 ,effect on personnel 7#a7 ,in general ,except as otherwise provided by this section1 the transfer pursuant to this section of full-time personnel 7except special ,government employees7 and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for a period of at least #a year after the date of transfer of the employee under this section4 7#b7 ,executive schedule positions ,except as otherwise provided in this section1 any person who1 on the day preceding the date of enactment of this ,act1 held a position compensated in accordance with the ,executive ,schedule prescribed in chapter #ec of title #e1 ,united ,states ,code1 and who1 without a break in service1 is appointed to a position in the ,office having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in the new position at not less than the rate provided for the previous position1 for the duration of the service of the person in the new position4 7#c7 ,termination of certain positions ,positions whose incumbents are appointed by the ,president1 by and with the advice and consent of the ,senate1 the functions of which are transferred by this title1 shall terminate on the date of enactment of this ,act4 7j7 ,separability ,if a provision of this section or the application of this section to any person or circumstance is held invalid1 neither the remainder of this section nor the application of the provision to other persons or circumstances shall be affected4 7k7 ,transition ,the ,under ,secretary may use-- 7#a7 the services of the officers1 employees1 and other personnel of the ,assistant ,secretary for ,indian ,affairs relating to functions transferred to the ,office by this section2 and 7#b7 funds appropriated to the functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this section4 7l7 ,references ,any reference in a ,federal law1 ,executive order1 rule1 regulation1 delegation of authority1 or document relating to the ,assistant ,secretary for ,indian ,affairs1 with respect to functions transferred under this section1 shall be deemed to be a reference to the ,under ,secretary4 7m7 ,recommended legislation ,not later than #ahj days after the effective date of this title1 the ,under ,secretary1 in consultation with the appropriate committees of ,congress and the ,director of the ,office of ,management and ,budget1 shall submit to ,congress any recommendations relating to additional technical and conforming amendments to ,federal law to reflect the changes made by this section4 7n7 ,effect of section 7#a7 ,continuing effect of legal documents ,any legal document relating to a function transferred by this section that is in effect on the date of enactment of this ,act shall continue in effect in accordance with the terms of the document until the document is modified or terminated by-- 7,a7 the ,president2 7,b7 the ,under ,secretary2 7,c7 a court of competent jurisdiction2 or 7,d7 operation of ,federal or ,state law4 7#b7 ,proceedings not affected ,this section shall not affect any proceeding 7including a notice of proposed rulemaking1 an administrative proceeding1 and an application for a license1 permit1 certificate1 or financial assistance7 relating to a function transferred under this section that is pending before the ,assistant ,secretary on the date of enactment of this ,act4 #cje4 ,office of ,special ,trustee for ,american ,indians 7a7 ,termination ,notwithstanding sections #cjb and #cjc of the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djdb2 #djdc71 the ,office of ,special ,trustee for ,american ,indians shall terminate on the effective date of this section4 7b7 ,transfer of functions ,there is transferred to the ,under ,secretary any function of the ,special ,trustee for ,american ,indians that has not been carried out by the ,special ,trustee as of the effective date of this section4 7c7 ,determinations of certain functions by the office of management and budget ,if necessary1 the ,office of ,management and ,budget shall make any determination relating to the functions transferred under subsection 7b74 7d7 ,personnel provisions 7#a7 ,appointments ,the ,under ,secretary may appoint and fix the compensation of such officers and employees as the ,under ,secretary determines to be necessary to carry out any function transferred under this section4 7#b7 ,requirements ,except as otherwise provided by law-- 7,a7 any officer or employee described in paragraph 7#a7 shall be appointed in accordance with the civil service laws2 and 7,b7 the compensation of such an officer or employee shall be fixed in accordance with title #e1 ,united ,states ,code4 7e7 ,delegation and assignment 7#a7 ,in general ,except as otherwise expressly prohibited by law or otherwise provided by this section1 the ,under ,secretary may-- 7,a7 delegate any of the functions transferred to the ,under ,secretary under this section and any function transferred or granted to the ,under ,secretary after the effective date of this section to such officers and employees of the ,office as the ,under ,secretary may designate2 and 7,b7 authorize successive redelegations of the functions as are necessary or appropriate4 7#b7 ,delegation ,no delegation of functions by the ,under ,secretary under this section shall relieve the ,under ,secretary of responsibility for the administration of the functions4 7f7 ,reorganization ,the ,under ,secretary may allocate or reallocate any function transferred under subsection 7b7 among the officers of the ,office1 and establish1 consolidate1 alter1 or discontinue such organizational entities in the ,office as the ,under ,secretary determines to be necessary or appropriate4 7g7 ,rules ,the ,under ,secretary may prescribe1 in accordance with the provisions of chapters #e and #f of title #e1 ,united ,states ,code1 such rules and regulations as the ,under ,secretary determines to be necessary or appropriate to administer and manage the functions of the ,office4 7h7 ,transfer and ,allocations of ,appropriations and ,personnel ,except as otherwise provided in this section1 the personnel employed in connection with1 and the assets1 liabilities1 contracts1 property1 records1 and unexpended balances of appropriations1 authorizations1 allocations1 and other funds employed1 used1 held1 arising from1 available to1 or to be made available in connection with the functions transferred by this section1 subject to section #aeca of title #ca1 ,united ,states ,code1 shall be transferred to the ,office4 7i7 ,incidental transfers 7#a7 ,in general ,the ,director of the ,office of ,management and ,budget1 at any time the ,director may provide1 may make such determinations as are necessary with regard to the functions transferred by this section1 and make such additional incidental dispositions of personnel1 assets1 liabilities1 grants1 contracts1 property1 records1 and unexpended balances of appropriations1 authorizations1 allocations1 and other funds held1 used1 arising from1 available to1 or to be made available in connection with such functions1 as are necessary1 to carry out this section4 7#b7 ,termination of affairs ,the ,director of the ,office of ,management and ,budget shall provide for the termination of the affairs of all entities terminated by this section and for any further measures and dispositions as are necessary to effectuate the purposes of this section4 7j7 ,effect on personnel 7#a7 ,in general ,except as otherwise provided by this section1 the transfer pursuant to this section of full-time personnel 7except special ,government employees7 and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for a period of at least #a year after the date of transfer of the employee under this section4 7#b7 ,executive schedule positions ,except as otherwise provided in this section1 any person who1 on the day preceding the effective date of this section1 held a position compensated in accordance with the ,executive ,schedule prescribed in chapter #ec of title #e1 ,united ,states ,code1 and who1 without a break in service1 is appointed to a position in the ,office having duties comparable to the duties performed immediately preceding such appointment1 shall continue to be compensated in the new position at not less than the rate provided for the previous position1 for the duration of the service of the person in the new position4 7#c7 ,termination of certain positions ,positions the incumbents of which are appointed by the ,president1 by and with the advice and consent of the ,senate1 and the functions of which are transferred by this title1 shall terminate on the effective date of this section4 7k7 ,separability ,if a provision of this section or the application of this section to any person or circumstance is held invalid1 neither the remainder of this section nor the application of the provision to other persons or circumstances shall be affected4 7l7 ,transition ,the ,under ,secretary may use-- 7#a7 the services of the officers1 employees1 and other personnel of the ,special ,trustee relating to functions transferred to the ,office by this section2 and 7#b7 funds appropriated to those functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this section4 7m7 ,references ,any reference in a ,federal law1 ,executive order1 rule1 regulation1 delegation of authority1 or document relating to the ,special ,trustee1 with respect to functions transferred under this section1 shall be deemed to be a reference to the ,under ,secretary4 7n7 ,recommended legislation ,not later than #ahj days after the effective date of this title1 the ,under ,secretary1 in consultation with the appropriate committees of ,congress and the ,director of the ,office of ,management and ,budget1 shall submit to ,congress any recommendations relating to additional technical and conforming amendments to ,federal law to reflect the changes made by this section4 7o7 ,effect of section 7#a7 ,continuing effect of legal documents ,any legal document relating to a function transferred by this section that is in effect on the effective date of this section shall continue in effect in accordance with the terms of the document until the document is modified or terminated by-- 7,a7 the ,president2 7,b7 the ,under ,secretary2 7,c7 a court of competent jurisdiction2 or 7,d7 operation of ,federal or ,state law4 7#b7 ,proceedings not affected ,this section shall not affect any proceeding 7including a notice of proposed rulemaking1 an administrative proceeding1 and an application for a license1 permit1 certificate1 or financial assistance7 relating to a function transferred under this section that is pending before the ,special ,trustee on the effective date of this section4 7p7 ,effective date ,this section shall take effect on ,april #a1 #bjad1 or #ahj days following enactment of this ,act into law1 whichever is earlier4 #cjf4 ,cost savings recommendations 7a7 ,cost savings identification ,within #fj days of the effective date in section #cje7p71 the ,under ,secretary shall initiate procedures to-- 7#a7 identify the programs1 functions1 services1 and activities 7or any portions of programs1 functions1 services1 or activities7 that will not have to operate or carry out as a result of any transfer of functions and personnel under section #cje2 7#b7 identify the amounts that the ,secretary would have otherwise expended to operate or carry out each program1 function1 service1 and activity 7or any portion of a program1 function1 service1 or activity7 identified pursuant to paragraph 7#a72 and 7#c7 provide to the ,secretary and the tribal representatives of the ,tribal_/,interior ,budget ,council1 within #abj days of the effective date in section #cje7p71 a list of the programs1 functions1 services1 and activities 7or any portions of programs1 functions1 services1 or activities7 identified pursuant paragraph 7#a7 and the amounts associated with each program1 function1 service1 and activity 7or any portion of a program1 function1 service1 or activity7 identified pursuant to paragraph 7#b74 7b7 ,tribal recommendations ,within #abj days of receipt of the information in subsection 7a77#c71 the tribal representatives of the ,tribal_/,interior ,budget ,council may provide recommendations to the ,secretary and the ,office of ,management and ,budget on how any amounts or cost savings should be reallocated and_/or incorporated into future budget requests4 #cjg4 ,hiring preference ,in appointing or otherwise hiring any employee to the ,office1 the ,under ,secretary shall give preference to ,indians in accordance with section #ab of the ,act of ,june #h1 #aicd 7#be ,u4,s4,c4 #dgb74