,i  #aacth ,,congress  #b;d ,session    
,h4 ,r4 #dchh  ,,in ,,the ,,house ,,of  
,,representatives  ,april #c1 #bjad ,mr4
 ,gosar 7for himself1 ,mr4 ,daines1 ,mr4
 ,schweikert1 ,mr4 ,young of ,alaska1   
,mr4 ,cole1 ,mr4 ,mullin1 ,mr4 ,tipton1 
,mr4 ,carney1 ,mr4 ,franks of ,arizona1 
,mr4 ,salmon1 ,ms4 ,mc,collum1 ,mr4     
,honda1 ,mr4 ,faleomavaega1 and ,mrs4   
,kirkpatrick7 introduced the following  
bill2 which was referred to the         
,committee on ,natural ,resources  ,a   
,,bill  ,to establish the ,american     
,indian ,trust ,review ,commission1 and 
for other purposes4  #a4 ,short title   
,this ,act may be cited as the ,american
 ,indian ,trust ,responsibility ,review 
,act of #bjad4  #b4 ,congressional      
findings ,congress finds as follows3    
7#a7 ,the ,final ,report of the         
,american ,indian ,policy ,review       
,committee1 published in #aigg1 made a  
number of recommendations regarding the 
,united ,states administration of its   
trust relationship with federally       

recognized ,indian tribes and their     
members1 many of which have not been    
implemented4  7#b7 ,there has been no   
general1 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 ,committee4  7#c7 ,the trust   
relationship has evolved over time and  
there is a clear need to re-examine the 
administration of the ,united ,states   
constitutional trust responsibility4    
7#d7 ,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 result4  7#e7 ,in carrying out its   
trust responsibilities to federally     
recognized ,indian tribes and their     

members1 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 ,branch1  
pursue policies to empower tribal       
self-determination1 and better          
administer the trust relationship4  #c4 
,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 statutes1 regulations1 and       
policies for the benefit of ,american   
,indian people4  #d4 ,establishment of  
the ,american ,indian ,trust ,review    
,commission  7a7 ,establishment ,in     
order to carry out the purposes of this 
,act1 there is hereby established the   

,american ,indian ,trust ,review        
,commission1 hereinafter referred to as 
the ,commission4  7b7 ,membership  7#a7 
,composition ,the ,commission shall be  
composed of #ab members1 of whom--  7,a7
 #d shall be appointed by the           
,president1 in consultation with the    
,secretary of the ,interior2  7,b7 #c   
shall be appointed by the ,speaker of   
the ,house of ,representatives1 in      
consultation with the ,chairman of the  
,committee on ,natural ,resources of the
 ,house of ,representatives2  7,c7 #a   
shall be appointed by the ,minority     
,leader of the ,house of                
,representatives1 in consultation with  
the ,ranking ,member of the ,committee  
on ,natural ,resources of the ,house of 
,representatives2  7,d7 #c shall be     
appointed by the ,majority ,leader of   
the ,senate1 in consultation with the   
,chairman of the ,committee on ,indian  
,affairs2 and  7,e7 #a shall be         
appointed by the ,minority ,leader of   
the ,senate1 in consultation with the   

,vice ,chairman of the ,committee on    
,indian ,affairs4  7#b7 ,diversity of   
qualifications ,in making appointments  
to the ,commission1 every effort shall  
be made to select individuals whose     
qualifications are not already          
represented by other members of the     
,commission4  7#c7 ,term ,each member   
shall be appointed for the life of the  
,commission4  7#d7 ,time for ,initial   
,appointments ,the appointment of the   
members of the ,commission shall be made
 no later than #fj days after the date  
of enactment of this ,act4  7c7         
,commission organization ,at its        
organizational meeting1 the members of  
the ,commission appointed pursuant to   
subsection 7b77#a7 of this section shall
 elect from their members1 a ,chairman  
and ,vice ,chairman immediately         
thereafter4  7d7 ,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 vacated4  7e7      
,quorum ,eight members of the           
,commission shall constitute a quorum1  
but a smaller number1 as determined by  
the ,commission1 may conduct hearings4  
#e4 ,duties of the ,commission  7a7     
,investigation2 study ,the ,commission  
shall conduct a comprehensive review of 
the unique trust relationship between   
the ,united ,states and federally       
recognized ,indian tribes4 ,the study   
shall include--  7#a7 a study and       
analysis of the ,constitution1 and      
relevant treaties1 compacts1 statutes1  
judicial interpretations1 and ,executive
 ,orders to determine the attributes of 
the unique trust relationship between   
the ,federal ,government1 and federally 
recognized ,indian tribes2  7#b7 a      
review of the policies1 practices1 and  
structure of the ,federal agencies      
charged with protecting ,indian tribal  
trust resources and providing services  

to ,indians2  7#c7 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 departments2  7#d7 a review
 of relevant statutes1 regulations1 and 
policies to determine the feasibility of
 authorizing ,indian tribes1 in their   
discretion1 to assume some or all of the
 functions1 programs1 services1 and     
activities now currently undertaken and 
provided by the ,federal ,government2   
7#e7 a compilation1 collection1 and     
analysis of data necessary to understand
 the extent of the needs of federally   
recognized ,indian tribes1 including the
 adequacy of educational systems1 health
 care1 public safety1 and               
infrastructure2  7#f7 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 development1 and  

the viability of a mechanism to ensure  
the continuation of critical programs   
for federally recognized ,indian tribes2
  7#g7 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 tribes2 and  7#h7 the
 recommendations modifying existing     
laws1 procedures1 regulations1 policies1
 and practices as will1 in the judgment 
of the ,commission1 best serve to carry 
out the policy and declarations of the  
purposes of the ,commission4  7b7       
,hearings  7#a7 ,in general ,the        
,commission shall hold hearings1 meet1  
act1 take testimony1 and receive        
evidence as the ,commission considers to
 be advisable to carry out the duties of
 the ,commission under this ,act4  7#b7 
,public ,requirement ,the hearings of   

the ,commission shall be open to the    
public and held in geographically       
diverse locations4  7#c7 ,preference    
,when considering hearing witnesses1 the
 ,commission shall exercise a preference
 to invite elected officials from a     
federally recognized ,indian tribe      
before seeking participation from any   
tribal organization4  #f4 ,powers of the
 ,commission  7a7 ,commission rules ,the
 ,commission may make rules respecting  
its organization and procedures1 as it  
deems necessary1 except that no         
recommendations shall be reported from  
the ,commission unless a majority of the
 ,commission assents4  7b7 ,information 
from ,federal1 tribal1 ,state1 and local
 agencies  7#a7 ,in ,general ,the       
,commission may secure directly from a  
,federal agency such information as the 
,commission considers to be necessary to
 carry out this ,act4  7#b7 ,tribal1    
,state1 and local ,agencies ,the        
,commission may request the head of any 
agency of a federally recognized ,indian

 tribe1 ,state1 or unit of local        
government to provide the ,commission   
with such information as the ,commission
 considers necessary to carry out this  
,act4  #g4 ,commission personnel  7a7   
,travel expenses ,the members of the    
,commission shall be allowed travel     
expenses1 including per diem in lieu of 
subsistence1 at rates authorized for    
employees of agencies under subchapter  
,i of chapter #eg of title #e1 ,united  
,states ,code1 while away from their    
homes or regular places of business in  
the performance of services for the     
,commission4  7b7 ,staff  7#a7 ,in      
general ,the ,chairperson of the        
,commission1 in consultation with the   
,vice ,chairman of the ,commission1     
may--  7,a7 without regard to the civil 
service laws and regulations1 appoint   
and terminate an executive director and 
such other additional personnel as may  
be necessary to enable the ,commission  
to perform its duties2 and  7,b7 fix the
 compensation of the executive director 

and other personnel without regard to   
chapter #ea and subchapter ,,iii of     
chapter #ec of title #e1 ,united ,states
 ,code1 relating to classification of   
positions and ,general ,schedule pay    
rates1 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 #ecaf of such   
title4  7#b7 ,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 voting4 
7c7 ,detail of government employees ,at 
the request of the ,commission1 and in  
the discretion of the relevant agency1  
any ,federal ,government employee may be
 detailed to the ,commission without    
reimbursement1 and such detail shall be 
without interruption or loss of civil   
service status or privilege4  7d7       
,procurement of temporary and           
intermittent services ,the ,chairperson 

of the ,commission may procure temporary
 and intermittent services under section
 #caji7;b7 of title #e1 ,united ,states 
,code1 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 #ecaf of such title4  #h4 
,report of the commission  7a7 ,in      
general ,not later than #b years after  
the date of enactment of this ,act1 the 
,commission shall submit to the         
,president and ,congress a report that  
contains--  7#a7 a detailed statement of
 findings and conclusions of the        
,commission2 and  7#b7 the              
recommendations of the ,commission for  
such legislative and administrative     
actions as the ,commission considers    
appropriate4  7b7 ,extension ,the       
,president may grant an extension to    
allow the report required under         
subsection 7a7 to be submitted not later
 than #c years after the date of the    
enactment of this ,act4  7c7 ,online    

access ,the ,commission shall make the  
report required by paragraph 7#a7       
publically available on the website of  
the ,department of the ,interior4  #i4  
,nonappplicability of the ,,faca ,the   
,federal ,advisory ,committee ,act 7#e  
,u4,s4,c4 ,app4 #b7 shall not apply to  
the ,commission4  #aj4 ,termination of  
the commission ,the ,commission shall   
terminate #cj days after the ,commission
 submits its report under section #h4