US (United States) Code. Title 25. Chapter 42: American indian trust fund management reform

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Indians

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-CITE-

25 USC CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT

REFORM 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

-HEAD-

CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

-MISC1-

Sec.

4001. Definitions.

SUBCHAPTER I - RECOGNITION OF TRUST RESPONSIBILITY

4011 Responsibility of Secretary to account for daily and

annual balances of Indian trust funds.

(a) Requirement to account.

(b) Periodic statement of performance.

(c) Annual audit.

4012. Authority for payment of claims for interest owed.

SUBCHAPTER II - INDIAN TRUST FUND MANAGEMENT PROGRAM

4021. Purpose.

4022. Voluntary withdrawal from trust funds program.

(a) In general.

(b) Approval of plan.

(c) Dissolution of trust responsibility.

4023. Judgment funds.

(a) In general.

(b) Limitation.

(c) Secretarial duties.

4024. Technical assistance.

4025. Grant program.

(a) General authority.

(b) Use of funds.

4026. Return of withdrawn funds.

4027. Savings provision.

4028. Report to Congress.

4029. Regulations.

(a) In general.

(b) Effect.

SUBCHAPTER III - SPECIAL TRUSTEE FOR AMERICAN INDIANS

4041. Purposes.

4042. Office of Special Trustee for American Indians.

(a) Establishment.

(b) Special Trustee.

(c) Termination of Office.

4043. Authorities and functions of Special Trustee.

(a) Comprehensive strategic plan.

(b) Duties.

(c) Coordination of policies.

(d) Problem resolution.

(e) Special Trustee access.

(f) Annual report.

4044. Reconciliation report.

4045. Staff and consultants.

(a) Staff.

(b) Contracts.

4046. Advisory board.

(a) Establishment and membership.

(b) Term.

(c) FACA.

(d) Termination.

SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS

4061. Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1300d-21, 1300d-24 of

this title.

-End-

-CITE-

25 USC Sec. 4001 01/06/03

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TITLE 25 - INDIANS

CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

-HEAD-

Sec. 4001. Definitions

-STATUTE-

For the purposes of this chapter:

(1) The term "Special Trustee" means the Special Trustee for

American Indians appointed under section 4042 of this title.

(2) The term "Indian tribe" means any Indian tribe, band,

nation, or other organized group or community, including any

Alaska Native village or regional or village corporation as

defined in or established pursuant to the Alaska Native Claims

Settlement Act (85 Stat. 688) [43 U.S.C. 1601 et seq.], which is

recognized as eligible for the special programs and services

provided by the United States to Indians because of their status

as Indians.

(3) The term "Secretary" means the Secretary of the Interior.

(4) The term "Office" means the Office of Special Trustee for

American Indians established by section 4042 of this title.

(5) The term "Bureau" means the Bureau of Indian Affairs within

the Department of the Interior.

(6) The term "Department" means the Department of the Interior.

-SOURCE-

(Pub. L. 103-412, Sec. 2, Oct. 25, 1994, 108 Stat. 4239.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 103-412, Oct. 25, 1994, 108 Stat. 4239, which

is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note below

and Tables.

The Alaska Native Claims Settlement Act, referred to in par. (2),

is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which

is classified generally to chapter 33 (Sec. 1601 et seq.) of Title

43, Public Lands. For complete classification of this Act to the

Code, see Short Title note set out under section 1601 of Title 43

and Tables.

-MISC1-

SHORT TITLE

Section 1(a) of Pub. L. 103-412 provided that: "This Act

[enacting this chapter, amending sections 161a and 162a of this

title, and enacting provisions set out as a note under section 161a

of this title] may be cited as the 'American Indian Trust Fund

Management Reform Act of 1994'."

-End-

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25 USC SUBCHAPTER I - RECOGNITION OF TRUST RESPONSIBILITY 01/06/03

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TITLE 25 - INDIANS

CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

SUBCHAPTER I - RECOGNITION OF TRUST RESPONSIBILITY

-HEAD-

SUBCHAPTER I - RECOGNITION OF TRUST RESPONSIBILITY

-End-

-CITE-

25 USC Sec. 4011 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

SUBCHAPTER I - RECOGNITION OF TRUST RESPONSIBILITY

-HEAD-

Sec. 4011. Responsibility of Secretary to account for daily and

annual balances of Indian trust funds

-STATUTE-

(a) Requirement to account

The Secretary shall account for the daily and annual balance of

all funds held in trust by the United States for the benefit of an

Indian tribe or an individual Indian which are deposited or

invested pursuant to section 162a of this title.

(b) Periodic statement of performance

Not later than 20 business days after the close of a calendar

quarter, the Secretary shall provide a statement of performance to

each Indian tribe and individual with respect to whom funds are

deposited or invested pursuant to section 162a of this title. The

statement, for the period concerned, shall identify -

(1) the source, type, and status of the funds;

(2) the beginning balance;

(3) the gains and losses;

(4) receipts and disbursements; and

(5) the ending balance.

(c) Annual audit

The Secretary shall cause to be conducted an annual audit on a

fiscal year basis of all funds held in trust by the United States

for the benefit of an Indian tribe or an individual Indian which

are deposited or invested pursuant to section 162a of this title,

and shall include a letter relating to the audit in the first

statement of performance provided under subsection (b) of this

section after the completion of the audit.

-SOURCE-

(Pub. L. 103-412, title I, Sec. 102, Oct. 25, 1994, 108 Stat.

4240.)

-MISC1-

PERFORMANCE AND ACCOUNT STATEMENTS FOR INACTIVE ACCOUNTS

Pub. L. 107-63, title I, Nov. 5, 2001, 115 Stat. 435, provided in

part: "That notwithstanding any other provision of law, the

Secretary shall not be required to provide a quarterly statement of

performance for any Indian trust account that has not had activity

for at least 18 months and has a balance of $1.00 or less: Provided

further, That the Secretary shall issue an annual account statement

and maintain a record of any such accounts and shall permit the

balance in each such account to be withdrawn upon the express

written request of the account holder."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 106-291, title I, Oct. 11, 2000, 114 Stat. 939.

Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I], Nov. 29,

1999, 113 Stat. 1535, 1501A-153.

Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998,

112 Stat. 2681-231, 2681-251.

-End-

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25 USC Sec. 4012 01/06/03

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TITLE 25 - INDIANS

CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

SUBCHAPTER I - RECOGNITION OF TRUST RESPONSIBILITY

-HEAD-

Sec. 4012. Authority for payment of claims for interest owed

-STATUTE-

The Secretary shall make payments to an individual Indian in full

satisfaction of any claim of such individual for interest on

amounts deposited or invested on behalf of such individual before

October 25, 1994, retroactive to the date that the Secretary began

investing individual Indian monies on a regular basis, to the

extent that the claim is identified -

(1) by a reconciliation process of individual Indian money

accounts, or

(2) by the individual and presented to the Secretary with

supporting documentation, and is verified by the Secretary

pursuant to the Department's policy for addressing accountholder

losses.

-SOURCE-

(Pub. L. 103-412, title I, Sec. 104, Oct. 25, 1994, 108 Stat.

4241.)

-End-

-CITE-

25 USC SUBCHAPTER II - INDIAN TRUST FUND MANAGEMENT

PROGRAM 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

SUBCHAPTER II - INDIAN TRUST FUND MANAGEMENT PROGRAM

-HEAD-

SUBCHAPTER II - INDIAN TRUST FUND MANAGEMENT PROGRAM

-End-

-CITE-

25 USC Sec. 4021 01/06/03

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TITLE 25 - INDIANS

CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

SUBCHAPTER II - INDIAN TRUST FUND MANAGEMENT PROGRAM

-HEAD-

Sec. 4021. Purpose

-STATUTE-

The purpose of this subchapter is to allow tribes an opportunity

to manage tribal funds currently held in trust by the United States

and managed by the Secretary through the Bureau, that, consistent

with the trust responsibility of the United States and the

principles of self-determination, will -

(1) give Indian tribal governments greater control over the

management of such trust funds; or

(2) otherwise demonstrate how the principles of

self-determination can work with respect to the management of

such trust funds, in a manner consistent with the trust

responsibility of the United States.

-SOURCE-

(Pub. L. 103-412, title II, Sec. 201, Oct. 25, 1994, 108 Stat.

4242.)

-End-

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25 USC Sec. 4022 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

SUBCHAPTER II - INDIAN TRUST FUND MANAGEMENT PROGRAM

-HEAD-

Sec. 4022. Voluntary withdrawal from trust funds program

-STATUTE-

(a) In general

An Indian tribe may, in accordance with this section, submit a

plan to withdraw some or all funds held in trust for such tribe by

the United States and managed by the Secretary through the Bureau.

(b) Approval of plan

The Secretary shall approve such plan within 90 days of receipt

and when approving the plan, the Secretary shall obtain the advice

of the Special Trustee or prior to the appointment of such Special

Trustee, the Director of the Office of Trust Fund Management within

the Bureau. Such plan shall meet the following conditions:

(1) Such plan has been approved by the appropriate Indian tribe

and is accompanied by a resolution from the tribal governing body

approving the plan.

(2) The Secretary determines such plan to be reasonable after

considering all appropriate factors, including (but not limited

to) the following:

(A) The capability and experience of the individuals or

institutions that will be managing the trust funds.

(B) The protection against substantial loss of principal.

(c) Dissolution of trust responsibility

Beginning on the date funds are withdrawn pursuant to this

section, any trust responsibility or liability of the United States

with respect to such funds shall cease except as provided for in

section 4027 of this title.

-SOURCE-

(Pub. L. 103-412, title II, Sec. 202, Oct. 25, 1994, 108 Stat.

4242.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1300d-24, 4023 of this

title.

-End-

-CITE-

25 USC Sec. 4023 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

SUBCHAPTER II - INDIAN TRUST FUND MANAGEMENT PROGRAM

-HEAD-

Sec. 4023. Judgment funds

-STATUTE-

(a) In general

The Secretary is authorized to approve plans under section 4022

of this title for the withdrawal of judgment funds held by the

Secretary.

(b) Limitation

Only such funds held by the Secretary under the terms of the

Indian Judgment Funds Use or Distribution Act [25 U.S.C. 1401 et

seq.] or an Act of Congress which provides for the secretarial

management of such judgment funds shall be included in such plans.

(c) Secretarial duties

In approving such plans, the Secretary shall ensure -

(1) that the purpose and use of the judgment funds identified

in the previously approved judgment fund plan will continue to be

followed by the Indian tribe in the management of the judgment

funds; and

(2) that only funds held for Indian tribes may be withdrawn and

that any funds held for individual tribal members are not to be

included in the plan.

-SOURCE-

(Pub. L. 103-412, title II, Sec. 203, Oct. 25, 1994, 108 Stat.

4242.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Judgment Funds Use or Distribution Act, referred to in

subsec. (b), probably means the Indian Tribal Judgment Funds Use or

Distribution Act, Pub. L. 93-134, Oct. 19, 1973, 87 Stat. 466, as

amended, which is classified generally to chapter 16 (Sec. 1401 et

seq.) of this title. For complete classification of this Act to the

Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1300d-24, 1777c of this

title.

-End-

-CITE-

25 USC Sec. 4024 01/06/03

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TITLE 25 - INDIANS

CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

SUBCHAPTER II - INDIAN TRUST FUND MANAGEMENT PROGRAM

-HEAD-

Sec. 4024. Technical assistance

-STATUTE-

The Secretary shall -

(1) directly or by contract, provide Indian tribes with

technical assistance in developing, implementing, and managing

Indian trust fund investment plans; and

(2) among other things, ensure that legal, financial, and other

expertise of the Department of the Interior has been made fully

available in an advisory capacity to the Indian tribes to assist

in the development, implementation, and management of investment

plans.

-SOURCE-

(Pub. L. 103-412, title II, Sec. 204, Oct. 25, 1994, 108 Stat.

4243.)

-End-

-CITE-

25 USC Sec. 4025 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

SUBCHAPTER II - INDIAN TRUST FUND MANAGEMENT PROGRAM

-HEAD-

Sec. 4025. Grant program

-STATUTE-

(a) General authority

The Secretary is authorized to award grants to Indian tribes for

the purpose of developing and implementing plans for the investment

of Indian tribal trust funds.

(b) Use of funds

The purposes for which funds provided under this section may be

used include (but are not limited to) -

(1) the training and education of employees responsible for

monitoring the investment of trust funds;

(2) the building of tribal capacity for the investment and

management of trust funds;

(3) the development of a comprehensive tribal investment plan;

(4) the implementation and management of tribal trust fund

investment plans; and

(5) such other purposes related to this subchapter that the

Secretary deems appropriate.

-SOURCE-

(Pub. L. 103-412, title II, Sec. 205, Oct. 25, 1994, 108 Stat.

4243.)

-End-

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25 USC Sec. 4026 01/06/03

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TITLE 25 - INDIANS

CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

SUBCHAPTER II - INDIAN TRUST FUND MANAGEMENT PROGRAM

-HEAD-

Sec. 4026. Return of withdrawn funds

-STATUTE-

Subject to such conditions as the Secretary may prescribe, any

Indian tribe which has withdrawn trust funds may choose to return

any or all of the trust funds such tribe has withdrawn by notifying

the Secretary in writing of its intention to return the funds to

the control and management of the Secretary.

-SOURCE-

(Pub. L. 103-412, title II, Sec. 206, Oct. 25, 1994, 108 Stat.

4243.)

-End-

-CITE-

25 USC Sec. 4027 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

SUBCHAPTER II - INDIAN TRUST FUND MANAGEMENT PROGRAM

-HEAD-

Sec. 4027. Savings provision

-STATUTE-

By submitting or approving a plan under this subchapter, neither

the tribe nor the Secretary shall be deemed to have accepted the

account balance as accurate or to have waived any rights regarding

such balance and to seek compensation.

-SOURCE-

(Pub. L. 103-412, title II, Sec. 207, Oct. 25, 1994, 108 Stat.

4243.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4022 of this title.

-End-

-CITE-

25 USC Sec. 4028 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

SUBCHAPTER II - INDIAN TRUST FUND MANAGEMENT PROGRAM

-HEAD-

Sec. 4028. Report to Congress

-STATUTE-

The Secretary shall, beginning one year after October 25, 1994,

submit an annual report to the Committee on Natural Resources of

the House of Representatives and the Committee on Indian Affairs of

the Senate on the implementation of programs under this subchapter.

Such report shall include recommendations (if any) for changes

necessary to better implement the purpose of this subchapter.

-SOURCE-

(Pub. L. 103-412, title II, Sec. 208, Oct. 25, 1994, 108 Stat.

4243.)

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-End-

-CITE-

25 USC Sec. 4029 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

SUBCHAPTER II - INDIAN TRUST FUND MANAGEMENT PROGRAM

-HEAD-

Sec. 4029. Regulations

-STATUTE-

(a) In general

Not later than 12 months after October 25, 1994, the Secretary

shall promulgate final regulations for the implementation of this

subchapter. All regulations promulgated pursuant to this subchapter

shall be developed by the Secretary with the full and active

participation of the Indian tribes with trust funds held by the

Secretary and other affected Indian tribes.

(b) Effect

The lack of promulgated regulations shall not limit the effect of

this subchapter.

-SOURCE-

(Pub. L. 103-412, title II, Sec. 209, Oct. 25, 1994, 108 Stat.

4243.)

-End-

-CITE-

25 USC SUBCHAPTER III - SPECIAL TRUSTEE FOR AMERICAN

INDIANS 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

SUBCHAPTER III - SPECIAL TRUSTEE FOR AMERICAN INDIANS

-HEAD-

SUBCHAPTER III - SPECIAL TRUSTEE FOR AMERICAN INDIANS

-End-

-CITE-

25 USC Sec. 4041 01/06/03

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TITLE 25 - INDIANS

CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

SUBCHAPTER III - SPECIAL TRUSTEE FOR AMERICAN INDIANS

-HEAD-

Sec. 4041. Purposes

-STATUTE-

The purposes of this subchapter are -

(1) to provide for more effective management of, and

accountability for the proper discharge of, the Secretary's trust

responsibilities to Indian tribes and individual Indians by

establishing in the Department of the Interior an Office of

Special Trustee for American Indians to oversee and coordinate

reforms within the Department of practices relating to the

management and discharge of such responsibilities;

(2) to ensure that reform of such practices in the Department

is carried out in a unified manner and that reforms of the

policies, practices, procedures and systems of the Bureau,

Minerals Management Service, and Bureau of Land Management, which

carry out such trust responsibilities, are effective, consistent,

and integrated; and

(3) to ensure the implementation of all reforms necessary for

the proper discharge of the Secretary's trust responsibilities to

Indian tribes and individual Indians.

-SOURCE-

(Pub. L. 103-412, title III, Sec. 301, Oct. 25, 1994, 108 Stat.

4244.)

-End-

-CITE-

25 USC Sec. 4042 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

SUBCHAPTER III - SPECIAL TRUSTEE FOR AMERICAN INDIANS

-HEAD-

Sec. 4042. Office of Special Trustee for American Indians

-STATUTE-

(a) Establishment

There is hereby established within the Department of the Interior

the Office of Special Trustee for American Indians. The Office

shall be headed by the Special Trustee who shall report directly to

the Secretary.

(b) Special Trustee

(1) Appointment

The Special Trustee shall be appointed by the President, by and

with the advice and consent of the Senate, from among individuals

who possess demonstrated ability in general management of large

governmental or business entities and particular knowledge of

trust fund management, management of financial institutions, and

the investment of large sums of money.

(2) Compensation

The Special Trustee shall be paid at a rate determined by the

Secretary to be appropriate for the position, but not less than

the rate of basic pay payable at Level II of the Executive

Schedule under section 5313 of title 5.

(c) Termination of Office

(1) Conditioned upon implementation of reforms

The Special Trustee, in proposing a termination date under

section 4043(a)(2)(C) of this title, shall ensure continuation of

the Office until all reforms identified in the strategic plan

have been implemented to the satisfaction of the Special Trustee.

(2) 30-day notice

Thirty days prior to the termination date proposed in the plan

submitted under this section, the Special Trustee shall notify

the Secretary and the Congress in writing of the progress in

implementing the reforms identified in the plan. The Special

Trustee, at that time, may recommend the continuation, or the

permanent establishment, of the Office if the Special Trustee

concludes that continuation or permanent establishment is

necessary for the efficient discharge of the Secretary's trust

responsibilities.

(3) Termination date

The Office shall terminate 180 legislative days after the date

on which the notice to the Congress under paragraph (2) is

provided, unless the Congress extends the authorities of the

Special Trustee. For the purposes of this section, a legislative

day is a day on which either House of the Congress is in session.

-SOURCE-

(Pub. L. 103-412, title III, Sec. 302, Oct. 25, 1994, 108 Stat.

4244.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4001, 4043 of this title.

-End-

-CITE-

25 USC Sec. 4043 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

SUBCHAPTER III - SPECIAL TRUSTEE FOR AMERICAN INDIANS

-HEAD-

Sec. 4043. Authorities and functions of Special Trustee

-STATUTE-

(a) Comprehensive strategic plan

(1) In general

The Special Trustee shall prepare and, after consultation with

Indian tribes and appropriate Indian organizations, submit to the

Secretary and the Committee on Natural Resources of the House of

Representatives and the Committee on Indian Affairs of the

Senate, within one year after the initial appointment is made

under section 4042(b) of this title, a comprehensive strategic

plan for all phases of the trust management business cycle that

will ensure proper and efficient discharge of the Secretary's

trust responsibilities to Indian tribes and individual Indians in

compliance with this chapter.

(2) Plan requirements

The plan prepared under paragraph (1) shall include the

following:

(A) Identification of all reforms to the policies,

procedures, practices and systems of the Department, the

Bureau, the Bureau of Land Management, and the Minerals

Management Service necessary to ensure the proper and efficient

discharge of the Secretary's trust responsibilities in

compliance with this chapter.

(B) Provisions for opportunities for Indian tribes to assist

in the management of their trust accounts and to identify for

the Secretary options for the investment of their trust

accounts, in a manner consistent with the trust

responsibilities of the Secretary, in ways that will help

promote economic development in their communities.

(C) A timetable for implementing the reforms identified in

the plan, including a date for the proposed termination of the

Office.

(b) Duties

(1) General oversight of reform efforts

The Special Trustee shall oversee all reform efforts within the

Bureau, the Bureau of Land Management, and the Minerals

Management Service relating to the trust responsibilities of the

Secretary to ensure the establishment of policies, procedures,

systems and practices to allow the Secretary to discharge his

trust responsibilities in compliance with this chapter.

(2) Bureau of Indian Affairs

(A) Monitor reconciliation of trust accounts

The Special Trustee shall monitor the reconciliation of

tribal and Individual Indian Money trust accounts to ensure

that the Bureau provides the account holders, with a fair and

accurate accounting of all trust accounts.

(B) Investments

The Special Trustee shall ensure that the Bureau establishes

appropriate policies and procedures, and develops necessary

systems, that will allow it -

(i) properly to account for and invest, as well as

maximize, in a manner consistent with the statutory

restrictions imposed on the Secretary's investment options,

the return on the investment of all trust fund monies, and

(ii) to prepare accurate and timely reports to account

holders (and others, as required) on a periodic basis

regarding all collections, disbursements, investments, and

return on investments related to their accounts.

(C) Ownership and lease data

The Special Trustee shall ensure that the Bureau establishes

policies and practices to maintain complete, accurate, and

timely data regarding the ownership and lease of Indian lands.

(3) Bureau of Land Management

The Special Trustee shall ensure that the Bureau of Land

Management establishes policies and practices adequate to enforce

compliance with Federal requirements for drilling, production,

accountability, environmental protection, and safety with respect

to the lease of Indian lands.

(4) Minerals Management Service

The Special Trustee shall ensure that the Minerals Management

Service establishes policies and practices to enforce compliance

by lessees of Indian lands with all requirements for timely and

accurate reporting of production and payment of lease royalties

and other revenues, including the audit of leases to ensure that

lessees are accurately reporting production levels and

calculating royalty payments.

(c) Coordination of policies

(1) In general

The Special Trustee shall ensure that -

(A) the policies, procedures, practices, and systems of the

Bureau, the Bureau of Land Management, and the Minerals

Management Service related to the discharge of the Secretary's

trust responsibilities are coordinated, consistent, and

integrated, and

(B) the Department prepares comprehensive and coordinated

written policies and procedures for each phase of the trust

management business cycle.

(2) Standardized procedures

The Special Trustee shall ensure that the Bureau imposes

standardized trust fund accounting procedures throughout the

Bureau.

(3) Integration of ledger with investment system

The Special Trustee shall ensure that the trust fund

investment, general ledger, and subsidiary accounting systems of

the Bureau are integrated and that they are adequate to support

the trust fund investment needs of the Bureau.

(4) Integration of land records, trust funds accounting, and

asset management systems among agencies

The Special Trustee shall ensure that -

(A) the land records system of the Bureau interfaces with the

trust fund accounting system, and

(B) the asset management systems of the Minerals Management

Service and the Bureau of Land Management interface with the

appropriate asset management and accounting systems of the

Bureau, including ensuring that -

(i) the Minerals Management Service establishes policies

and procedures that will allow it to properly collect,

account for, and disburse to the Bureau all royalties and

other revenues generated by production from leases on Indian

lands; and

(ii) the Bureau of Land Management and the Bureau provide

Indian landholders with accurate and timely reports on a

periodic basis that cover all transactions related to leases

of Indian resources.

(5) Trust Management program budget

(A) Development and submission

The Special Trustee shall develop for each fiscal year, with

the advice of program managers of each office within the Bureau

of Indian Affairs, Bureau of Land Management and Minerals

Management Service that participates in trust management,

including the management of trust funds or natural resources,

or which is charged with any responsibility under the

comprehensive strategic plan prepared under subsection (a) of

this section, a consolidated Trust Management program budget

proposal that would enable the Secretary to efficiently and

effectively discharge his trust responsibilities and to

implement the comprehensive strategic plan, and shall submit

such budget proposal to the Secretary, the Director of the

Office of Management and Budget, and to the Congress.

(B) Duty of certain program managers

Each program manager participating in trust management or

charged with responsibilities under the comprehensive strategic

plans shall transmit his office's budget request to the Special

Trustee at the same time as such request is submitted to his

superiors (and before submission to the Office of Management

and Budget) in the preparation of the budget of the President

submitted to the Congress under section 1105(a) of title 31.

(C) Certification of adequacy of budget request

The Special Trustee shall -

(i) review each budget request submitted under subparagraph

(B);

(ii) certify in writing as to the adequacy of such request

to discharge, effectively and efficiently, the Secretary's

trust responsibilities and to implement the comprehensive

strategic plan; and

(iii) notify the program manager of the Special Trustee's

certification under clause (ii).

(D) Maintenance of records

The Special Trustee shall maintain records of certifications

made under subparagraph (C).

(E) Limitation on reprogramming or transfer

No program manager shall submit, and no official of the

Department of the Interior may approve or otherwise authorize,

a reprogramming or transfer request with respect to any funds

appropriated for trust management which is included in the

Trust Management Program Budget unless such request has been

approved by the Special Trustee.

(d) Problem resolution

The Special Trustee shall provide such guidance as necessary to

assist Department personnel in identifying problems and options for

resolving problems, and in implementing reforms to Department,

Bureau, Bureau of Land Management, and Minerals Management Service

policies, procedures, systems and practices.

(e) Special Trustee access

The Special Trustee, and his staff, shall have access to all

records, reports, audits, reviews, documents, papers,

recommendations, files and other material, as well as to any

officer and employee, of the Department and any office or bureau

thereof, as the Special Trustee deems necessary for the

accomplishment of his duties under this chapter.

(f) Annual report

The Special Trustee shall report to the Secretary and the

Committee on Natural Resources of the House of Representatives and

the Committee on Indian Affairs of the Senate each year on the

progress of the Department, the Bureau, the Bureau of Land

Management, and the Minerals Management Service in implementing the

reforms identified in the comprehensive strategic plan under

subsection (a)(1) of this section and in meeting the timetable

established in the strategic plan under subsection (a)(2)(C) of

this section.

-SOURCE-

(Pub. L. 103-412, title III, Sec. 303, Oct. 25, 1994, 108 Stat.

4245; Pub. L. 104-109, Sec. 6(a), Feb. 12, 1996, 110 Stat. 764.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c)(5)(D). Pub. L. 104-109 substituted

"subparagraph (C)" for "paragraph (3)(B)".

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

LANDS TITLE REPORT COMMISSION

Pub. L. 106-569, title V, Sec. 501, Dec. 27, 2000, 114 Stat.

2959, provided that:

"(a) Establishment. - Subject to sums being provided in advance

in appropriations Acts, there is established a Commission to be

known as the Lands Title Report Commission (hereafter in this

section referred to as the 'Commission') to facilitate home loan

mortgages on Indian trust lands. The Commission will be subject to

oversight by the Committee on Banking and Financial Services [now

Committee on Financial Services] of the House of Representatives

and the Committee on Banking, Housing, and Urban Affairs of the

Senate.

"(b) Membership. -

"(1) Appointment. - The Commission shall be composed of 12

members, appointed not later than 90 days after the date of the

enactment of this Act [Dec. 27, 2000] as follows:

"(A) Four members shall be appointed by the President.

"(B) Four members shall be appointed by the Chairperson of

the Committee on Banking and Financial Services [now Committee

on Financial Services] of the House of Representatives.

"(C) Four members shall be appointed by the Chairperson of

the Committee on Banking, Housing, and Urban Affairs of the

Senate.

"(2) Qualifications. -

"(A) Members of tribes. - At all times, not less than eight

of the members of the Commission shall be members of federally

recognized Indian tribes.

"(B) Experience in land title matters. - All members of the

Commission shall have experience in and knowledge of land title

matters relating to Indian trust lands.

"(3) Chairperson. - The Chairperson of the Commission shall be

one of the members of the Commission appointed under paragraph

(1)(C), as elected by the members of the Commission.

"(4) Vacancies. - Any vacancy on the Commission shall not

affect its powers, but shall be filled in the manner in which the

original appointment was made.

"(5) Travel expenses. - Members of the Commission shall serve

without pay, but each member shall receive travel expenses,

including per diem in lieu of subsistence, in accordance with

sections 5702 and 5703 of title 5, United States Code.

"(c) Initial Meeting. - The Chairperson of the Commission shall

call the initial meeting of the Commission. Such meeting shall be

held within 30 days after the Chairperson of the Commission

determines that sums sufficient for the Commission to carry out its

duties under this Act [probably should be "section"] have been

appropriated for such purpose.

"(d) Duties. - The Commission shall analyze the system of the

Bureau of Indian Affairs of the Department of the Interior for

maintaining land ownership records and title documents and issuing

certified title status reports relating to Indian trust lands and,

pursuant to such analysis, determine how best to improve or replace

the system -

"(1) to ensure prompt and accurate responses to requests for

title status reports;

"(2) to eliminate any backlog of requests for title status

reports; and

"(3) to ensure that the administration of the system will not

in any way impair or restrict the ability of Native Americans to

obtain conventional loans for purchase of residences located on

Indian trust lands, including any actions necessary to ensure

that the system will promptly be able to meet future demands for

certified title status reports, taking into account the

anticipated complexity and volume of such requests.

"(e) Report. - Not later than the date of the termination of the

Commission under subsection (h), the Commission shall submit a

report to the Committee on Banking and Financial Services [now

Committee on Financial Services] of the House of Representatives

and the Committee on Banking, Housing, and Urban Affairs of the

Senate describing the analysis and determinations made pursuant to

subsection (d).

"(f) Powers. -

"(1) Hearings and sessions. - The Commission may, for the

purpose of carrying out this section, hold hearings, sit and act

at times and places, take testimony, and receive evidence as the

Commission considers appropriate.

"(2) Staff of federal agencies. - Upon request of the

Commission, the head of any Federal department or agency may

detail, on a reimbursable basis, any of the personnel of that

department or agency to the Commission to assist it in carrying

out its duties under this section.

"(3) Obtaining official data. - The Commission may secure

directly from any department or agency of the United States

information necessary to enable it to carry out this section.

Upon request of the Chairperson of the Commission, the head of

that department or agency shall furnish that information to the

Commission.

"(4) Mails. - The Commission may use the United States mails in

the same manner and under the same conditions as other

departments and agencies of the United States.

"(5) Administrative support services. - Upon the request of the

Commission, the Administrator of General Services shall provide

to the Commission, on a reimbursable basis, the administrative

support services necessary for the Commission to carry out its

duties under this section.

"(6) Staff. - The Commission may appoint personnel as it

considers appropriate, subject to the provisions of title 5,

United States Code, governing appointments in the competitive

service, and shall pay such personnel in accordance with the

provisions of chapter 51 and subchapter III of chapter 53 of that

title relating to classification and General Schedule pay rates.

"(g) Authorization of Appropriations. - There is authorized to be

appropriated to carry out this section such sums as may be

necessary, and any amounts appropriated pursuant to this subsection

shall remain available until expended.

"(h) Termination. - The Commission shall terminate 1 year after

the date of the initial meeting of the Commission."

Substantially identical provisions were contained in Pub. L.

106-568, title X, Sec. 1001, Dec. 27, 2000, 114 Stat. 2923.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4042 of this title.

-End-

-CITE-

25 USC Sec. 4044 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

SUBCHAPTER III - SPECIAL TRUSTEE FOR AMERICAN INDIANS

-HEAD-

Sec. 4044. Reconciliation report

-STATUTE-

The Secretary shall transmit to the Committee on Natural

Resources of the House of Representatives and the Committee on

Indian Affairs of the Senate, by May 31, 1996, a report identifying

for each tribal trust fund account for which the Secretary is

responsible a balance reconciled as of September 30, 1995. In

carrying out this section, the Secretary shall consult with the

Special Trustee. The report shall include -

(1) a description of the Secretary's methodology in reconciling

trust fund accounts;

(2) attestations by each account holder that -

(A) the Secretary has provided the account holder with as

full and complete accounting as possible of the account

holder's funds to the earliest possible date, and that the

account holder accepts the balance as reconciled by the

Secretary; or

(B) the account holder disputes the balance of the account

holder's account as reconciled by the Secretary and statement

explaining why the account holder disputes the Secretary's

reconciled balance; and

(3) a statement by the Secretary with regard to each account

balance disputed by the account holder outlining efforts the

Secretary will undertake to resolve the dispute.

-SOURCE-

(Pub. L. 103-412, title III, Sec. 304, Oct. 25, 1994, 108 Stat.

4248.)

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC1-

SETTLEMENT OF TRIBAL CLAIMS

Pub. L. 107-153, Sec. 1, Mar. 19, 2002, 116 Stat. 79, provided

that:

"(a) In General. - Notwithstanding any other provision of law,

for purposes of determining the date on which an Indian tribe

received a reconciliation report for purposes of applying a statute

of limitations, any such report provided to or received by an

Indian tribe in response to section 304 of the American Indian

Trust Fund Management Reform Act of 1994 (25 U.S.C. 4044) shall be

deemed to have been received by the Indian tribe on December 31,

1999.

"(b) Statement of Purpose. - Subsection (a) is solely intended to

provide recipients of reconciliation reports with the opportunity

to postpone the filing of claims, or to facilitate the voluntary

dismissal of claims, to encourage settlement negotiations with the

United States."

-End-

-CITE-

25 USC Sec. 4045 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

SUBCHAPTER III - SPECIAL TRUSTEE FOR AMERICAN INDIANS

-HEAD-

Sec. 4045. Staff and consultants

-STATUTE-

(a) Staff

The Special Trustee may employ such staff as the Special Trustee

deems necessary. The Special Trustee may request staff assistance

from within the Department and any office or Bureau thereof as the

Special Trustee deems necessary.

(b) Contracts

To the extent and in such amounts as may be provided in advance

by appropriations Acts, the Special Trustee may enter into

contracts and other arrangements with public agencies and with

private persons and organizations for consulting services and make

such payments as necessary to carry out the provisions of this

subchapter.

-SOURCE-

(Pub. L. 103-412, title III, Sec. 305, Oct. 25, 1994, 108 Stat.

4248.)

-End-

-CITE-

25 USC Sec. 4046 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

SUBCHAPTER III - SPECIAL TRUSTEE FOR AMERICAN INDIANS

-HEAD-

Sec. 4046. Advisory board

-STATUTE-

(a) Establishment and membership

Notwithstanding any other provision of law, the Special Trustee

shall establish an advisory board to provide advice on all matters

within the jurisdiction of the Special Trustee. The advisory board

shall consist of nine members, appointed by the Special Trustee

after consultation with Indian tribes and appropriate Indian

organizations, of which -

(1) five members shall represent trust fund account holders,

including both tribal and Individual Indian Money accounts;

(2) two members shall have practical experience in trust fund

and financial management;

(3) one member shall have practical experience in fiduciary

investment management; and

(4) one member, from academia, shall have knowledge of general

management of large organizations.

(b) Term

Each member shall serve a term of two years.

(c) FACA

The advisory board shall not be subject to the Federal Advisory

Committee Act.

(d) Termination

The advisory board shall terminate upon termination of the Office

of Special Trustee.

-SOURCE-

(Pub. L. 103-412, title III, Sec. 306, Oct. 25, 1994, 108 Stat.

4249; Pub. L. 104-109, Sec. 6(b), Feb. 12, 1996, 110 Stat. 764.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (c),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC1-

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-109 substituted "advisory board"

for "Advisory Board".

-End-

-CITE-

25 USC SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS

-HEAD-

SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS

-End-

-CITE-

25 USC Sec. 4061 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS

-HEAD-

Sec. 4061. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated such sums as may be

necessary to carry out the provisions of this chapter.

-SOURCE-

(Pub. L. 103-412, title IV, Sec. 401, Oct. 25, 1994, 108 Stat.

4249.)

-End-