228. American Indian Trust Management Reform Act, October 25, 1994
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351 . . . . section 1. sovereignty of pascua yaqui tribe. (a) In General.—Subsection (a) of the first section of the Act entitled “An Act to provide for the extension of certain Federal benefits, services, and assistance to the Pascua Yaqui Indians of Arizona, and for other purposes” (25 U.S.C. 1300F(a)) is amended by inserting after the first sentence the following : “The Pascua Yaqui Tribe, a historic Indian tribe, is acknowledged as a federally recognized Indian tribe possessing all the attributes of inherent sovereignty which have not been specifically taken away by Acts of Congress and which are not inconsistent with such tribal status.” . . . sec 2. study. The Act entitled “An Act to provide for the extension of certain Federal benefits, services, and assistance to the Pascua Yaqui Indians of Arizona, and for other purposes” (25 U.S.C. 1300f et seq.) is amended by adding at the end the following new section: “sec. 4. study. “(a) In General.—The Secretary of the Interior shall conduct one or more studies to determine— “(1) whether the lands held in trust on the date of enactment of this section by the United States for the Pascua Yaqui Tribe are adequate for the needs of the tribe for the foreseeable future; “(2) if such lands are not adequate— “(A) whether suitable additional lands are available for acquisition by exchange or purchase; and “(B) the cost and location of the suitable additional lands; “(3) whether the Pascua Yaqui Tribe has sufficient water rights and allocations to meet the needs of the tribe for the foreseeable future; “(4) if such water rights and allocations are not adequate— “(A) whether additional water can be acquired; and “(B) the potential sources and associated costs of such additional water; “(5) whether the Bureau of Indian Affairs and the Indian Health Service have limited funding to the Pascua Yaqui Tribe based on a determination of the tribal enrollment in 1978, rather than the current enrollment; “(6) if funding has been based on 1978 enrollment, how the funding levels can be adjusted to ensure that the Pascua Yaqui Tribe receives a fair and equitable portion of Bureau of Indian Affairs and Indian Health Service funding; “(7) the genealogy of the Pascua Yaqui Tribe; and “(8) the economic development opportunities available to the tribe as a result of the North American Free Trade Agreement . “(b) Tribal Participation.—The Secretary shall provide for the participation of members of the Pascua Yaqui tribe to carry out subsection (a).” . . . [U.S. Statutes at Large, 108:3418–19.] 228. American Indian Trust Management Reform Act October 25, 1994 Indian tribes and individuals deposited funds from a variety of sources in the United States Treasury, and the secretary of the interior, as part of the federal government’s trust responsibility, was charged with management of the funds. The system was badly handled, and Congress, in this legislation, provided measures for reform. The law clearly states the government’s responsibility, but it was not effective, and in June 1996 a class action suit was instituted against the secretary of the interior and other officials, claiming serious mismanagement of the funds of individual Indians. An Act to reform the management of Indian Trust Funds, and for other purposes. . . . . 352 TITLE I—RECOGNITION OF TRUST RESPONSIBILITY sec. 101. affirmative action required. The first section of the act of June 24, 1938 (25 U.S.C. 162a), is amended by adding at the end the following new subsection: “(d) The Secretary’s proper discharge of the trust responsibilities of the United States shall include (but are not limited to) the following: “(1) Providing adequate systems for accounting for and reporting trust fund balances. “(2) Providing adequate controls over receipts and disbursements. “(3) Providing periodic, timely reconciliations to assure the accuracy of accounts . “(4) Determining accurate cash balances . “(5) Preparing and supplying account holders with periodic statements of their account performance and with balances of their account which shall be available on a daily basis. “(6) Establishing consistent, written policies and procedures for trust fund management and accounting. “(7) Providing adequate staffing, supervision , and training for trust fund management and accounting. “(8) Appropriately managing the natural resources located within the boundaries of Indian reservations and trust lands.” . . . TITLE II—INDIAN TRUST FUND MANAGEMENT PROGRAM sec. 201. purpose. The purpose of this title is to allow tribes an opportunity to manage tribal funds currently held in trust by the United States and managed by the...