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
To amend the Indian Trust Asset Reform Act.
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:
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.