Indian Trust Management Reform Act of 1994

§ 3907

TITLE 25—INDIANS

§ 3907. Authorization of appropriations
(a) General authorization
There are authorized to be appropriated such
sums as may be necessary to carry out this
chapter.
(b) Coordination
The activities required to be performed by the
Director under this chapter shall be coordinated
with activities related to solid waste and sanitation facilities funded pursuant to other authorizations.
(Pub. L. 103–399, § 8, Oct. 22, 1994, 108 Stat. 4168.)
§ 3908. Disclaimers
(a) Authority of Director
Nothing in this chapter shall be construed to
alter, diminish, repeal, or supersede any authority conferred on the Director pursuant to section 1632 of this title, and section 2004a of title
42.
(b) Exempted lands and facilities
This chapter shall not apply to open dump
sites on Indian lands or Alaska Native lands—
(1) that comprise an area of one-half acre or
less and that are used by individual families
on lands to which they hold legal or beneficial
title;
(2) of any size that have been or are being
operated for a profit; or
(3) where solid waste from an industrial
process is being or has been routinely disposed
of at a privately owned facility in compliance
with applicable Federal laws.
(c) Rules of construction
(1) Nothing in this chapter shall be construed
to amend or modify the authority or responsibility of the Administrator of the Environmental
Protection Agency under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(2) Nothing in this chapter is intended to
amend, repeal, or supersede any provision of the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(Pub. L. 103–399, § 9, Oct. 22, 1994, 108 Stat. 4168.)
REFERENCES IN TEXT
The Solid Waste Disposal Act, referred to in subsec.
(c), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997,
as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976,
90 Stat. 2795, which is classified generally to chapter 82
(§ 6901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 6901 of
Title 42 and Tables.

CHAPTER 42—AMERICAN INDIAN TRUST
FUND MANAGEMENT REFORM
Sec.

4001.

4011

4012.

4021.

Definitions.
SUBCHAPTER I—RECOGNITION OF TRUST
RESPONSIBILITY
Responsibility of Secretary to account for
daily and annual balances of Indian trust
funds.
Authority for payment of claims for interest
owed.
SUBCHAPTER II—INDIAN TRUST FUND
MANAGEMENT PROGRAM
Purpose.

Page 840

Sec.

4022.
4023.
4024.
4025.
4026.
4027.
4028.
4029.

Voluntary withdrawal from trust funds program.
Judgment funds.
Technical assistance.
Grant program.
Return of withdrawn funds.
Savings provision.
Report to Congress.
Regulations.
SUBCHAPTER III—SPECIAL TRUSTEE FOR
AMERICAN INDIANS

4041.
4042.
4043.
4044.
4045.
4046.

Purposes.
Office of Special Trustee for American Indians.
Authorities and functions of Special Trustee.
Reconciliation report.
Staff and consultants.
Advisory board.
SUBCHAPTER IV—AUTHORIZATION OF
APPROPRIATIONS

4061.

Authorization of appropriations.

§ 4001. Definitions
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.
(Pub. L. 103–412, § 2, Oct. 25, 1994, 108 Stat. 4239.)
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
(§ 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.
SHORT TITLE
Pub. L. 103–412, § 1(a), Oct. 25, 1994, 108 Stat. 4239, 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’.’’

Page 841

TITLE 25—INDIANS

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
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.
(Pub. L. 103–412, title I, § 102, Oct. 25, 1994, 108
Stat. 4240.)
PERFORMANCE AND ACCOUNT STATEMENTS FOR INACTIVE
ACCOUNTS
Provisions stating that the Secretary was not required to provide a quarterly statement of performance
for any Indian trust account that had not had activity
for at least 18 months and had a balance of $1.00 or less
but was required to issue an annual account statement
and maintain a record of any such accounts and to permit the balance in each such account to be withdrawn
upon the express written request of the account holder,
were contained in Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006,
Pub. L. 109–54, title I, Aug. 2, 2005, 119 Stat. 519, and
were repeated in provisions of subsequent appropriations acts which are not set out in the Code. Similar
provisions were also contained in the following prior
appropriations acts:
Pub. L. 108–447, div. E, title I, Dec. 8, 2004, 118 Stat.
3061.
Pub. L. 108–108, title I, Nov. 10, 2003, 117 Stat. 1263.
Pub. L. 108–7, div. F, title I, Feb. 20, 2003, 117 Stat. 236.
Pub. L. 107–63, title I, Nov. 5, 2001, 115 Stat. 435.
Pub. L. 106–291, title I, Oct. 11, 2000, 114 Stat. 939.
Pub. L. 106–113, div. B, § 1000(a)(3) [title I], Nov. 29,
1999, 113 Stat. 1535, 1501A–153.
Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998,
112 Stat. 2681–231, 2681–251.

§ 4012. Authority for payment of claims for interest owed
The Secretary shall make payments to an individual Indian in full satisfaction of any claim
of such individual for interest on amounts de-

§ 4022

posited 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.
(Pub. L. 103–412, title I, § 104, Oct. 25, 1994, 108
Stat. 4241.)
SUBCHAPTER II—INDIAN TRUST FUND
MANAGEMENT PROGRAM
§ 4021. Purpose
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.
(Pub. L. 103–412, title II, § 201, Oct. 25, 1994, 108
Stat. 4242.)
§ 4022. Voluntary withdrawal from trust funds
program
(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 responsibil-

§ 4023

TITLE 25—INDIANS

ity or liability of the United States with respect
to such funds shall cease except as provided for
in section 4027 of this title.
(Pub. L. 103–412, title II, § 202, Oct. 25, 1994, 108
Stat. 4242.)
§ 4023. Judgment funds

Page 842

(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.

(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.

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.

(Pub. L. 103–412, title II, § 203, Oct. 25, 1994, 108
Stat. 4242.)

(Pub. L. 103–412, title II, § 207, Oct. 25, 1994, 108
Stat. 4243.)

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 (§ 1401 et seq.) of
this title. For complete classification of this Act to the
Code, see Tables.

§ 4024. Technical assistance
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.
(Pub. L. 103–412, title II, § 204, Oct. 25, 1994, 108
Stat. 4243.)
§ 4025. Grant program
(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)—

(Pub. L. 103–412, title II, § 205, Oct. 25, 1994, 108
Stat. 4243.)
§ 4026. Return of withdrawn funds
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.
(Pub. L. 103–412, title II, § 206, Oct. 25, 1994, 108
Stat. 4243.)
§ 4027. Savings provision

§ 4028. Report to Congress
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.
(Pub. L. 103–412, title II, § 208, Oct. 25, 1994, 108
Stat. 4243.)
§ 4029. Regulations
(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.
(Pub. L. 103–412, title II, § 209, Oct. 25, 1994, 108
Stat. 4243.)
SUBCHAPTER III—SPECIAL TRUSTEE FOR
AMERICAN INDIANS
§ 4041. Purposes
The purposes of this subchapter are—

Page 843

§ 4043

TITLE 25—INDIANS

(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.
(Pub. L. 103–412, title III, § 301, Oct. 25, 1994, 108
Stat. 4244.)
TRANSFER OF FUNCTIONS
The Minerals Management Service was abolished and
functions divided among the Office of Natural Resources Revenue, the Bureau of Ocean Energy Management, and the Bureau of Safety and Environmental Enforcement. See Secretary of the Interior Orders No. 3299
of May 19, 2010, and No. 3302 of June 18, 2010, and chapters II, V, and XII of title 30, Code of Federal Regulations, as revised by final rules of the Department of the
Interior at 75 F.R. 61051 and 76 F.R. 64432.

§ 4042. Office of Special Trustee for American Indians
(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.
(Pub. L. 103–412, title III, § 302, Oct. 25, 1994, 108
Stat. 4244.)
§ 4043. Authorities
Trustee

and

functions

of

Special

(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.

§ 4043

TITLE 25—INDIANS

(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

Page 844

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 respon-

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§ 4043

TITLE 25—INDIANS

sibilities 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.
(Pub. L. 103–412, title III, § 303, Oct. 25, 1994, 108
Stat. 4245; Pub. L. 104–109, § 6(a), Feb. 12, 1996, 110
Stat. 764.)

AMENDMENTS
1996—Subsec. (c)(5)(D). Pub. L. 104–109 substituted
‘‘subparagraph (C)’’ for ‘‘paragraph (3)(B)’’.
TRANSFER OF FUNCTIONS
The Minerals Management Service was abolished and
functions divided among the Office of Natural Resources Revenue, the Bureau of Ocean Energy Management, and the Bureau of Safety and Environmental Enforcement. See Secretary of the Interior Orders No. 3299
of May 19, 2010, and No. 3302 of June 18, 2010, and chapters II, V, and XII of title 30, Code of Federal Regulations, as revised by final rules of the Department of the
Interior at 75 F.R. 61051 and 76 F.R. 64432.
LANDS TITLE REPORT COMMISSION
Pub. L. 106–569, title V, § 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

§ 4044

TITLE 25—INDIANS

‘‘(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, § 1001, Dec. 27, 2000, 114 Stat.
2923.

§ 4044. Reconciliation report
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;

Page 846

(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.
(Pub. L. 103–412, title III, § 304, Oct. 25, 1994, 108
Stat. 4248.)
SETTLEMENT OF TRIBAL CLAIMS
Pub. L. 107–153, § 1, Mar. 19, 2002, 116 Stat. 79, as
amended by Pub. L. 109–158, § 1, Dec. 30, 2005, 119 Stat.
2954, 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, 2000.
‘‘(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.’’

§ 4045. Staff and consultants
(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.
(Pub. L. 103–412, title III, § 305, Oct. 25, 1994, 108
Stat. 4248.)
§ 4046. Advisory board
(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;

Page 847

TITLE 25—INDIANS

(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.
(Pub. L. 103–412, title III, § 306, Oct. 25, 1994, 108
Stat. 4249; Pub. L. 104–109, § 6(b), Feb. 12, 1996, 110
Stat. 764.)
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.
AMENDMENTS
1996—Subsec. (d). Pub. L. 104–109 substituted ‘‘advisory board’’ for ‘‘Advisory Board’’.
APPOINTMENT OF NEW MEMBERS
Pub. L. 108–7, div. F, title I, § 133, Feb. 20, 2003, 117
Stat. 243, provided that: ‘‘Within 90 days of enactment
of this Act [Feb. 20, 2003] the Special Trustee for American Indians, in consultation with the Secretary of the
Interior and the Tribes, shall appoint new members to
the Special Trustee Advisory Board.’’

SUBCHAPTER IV—AUTHORIZATION OF
APPROPRIATIONS
§ 4061. Authorization of appropriations
There is authorized to be appropriated such
sums as may be necessary to carry out the provisions of this chapter.
(Pub. L. 103–412, title IV, § 401, Oct. 25, 1994, 108
Stat. 4249.)
CHAPTER 43—NATIVE AMERICAN HOUSING
ASSISTANCE AND SELF-DETERMINATION

Sec.

4132.
4133.
4134.
4135.
4136.
4137.
4138.
4139.
4140.

Congressional findings.
Administration through Office of Native
American Programs.
4103.
Definitions.
4104.
Waiver of matching funds requirements in Indian housing programs.
SUBCHAPTER I—BLOCK GRANTS AND GRANT
REQUIREMENTS
4111.
4112.
4113.
4114.

Block grants.
Indian housing plans.
Review of plans.
Treatment of program income and labor
standards.
4115.
Environmental review.
4116.
Regulations.
4117.
Authorization of appropriations.
SUBCHAPTER II—AFFORDABLE HOUSING
ACTIVITIES
PART A—GENERAL BLOCK GRANT PROGRAM
4131.

National objectives and eligible families.

Eligible affordable housing activities.
Program requirements.
Types of investments.
Low-income requirement and income targeting.
Repealed.
Lease requirements and tenant selection.
Availability of records.
Noncompliance with affordable housing requirement.
Continued use of amounts for affordable housing.

PART B—SELF-DETERMINED HOUSING ACTIVITIES FOR
TRIBAL COMMUNITIES
4145.
4145a.
4145b.
4145c.
4145d.

Purpose.
Program authority.
Use of amounts for housing activities.
Inapplicability of other provisions.
Review and report.

SUBCHAPTER III—ALLOCATION OF GRANT
AMOUNTS
4151.
4152.

Annual allocation.
Allocation formula.

SUBCHAPTER IV—COMPLIANCE, AUDITS, AND
REPORTS
4161.
4162.
4163.
4164.
4165.
4166.
4167.
4168.

Remedies for noncompliance.
Replacement of recipient.
Monitoring of compliance.
Performance reports.
Review and audit by Secretary.
GAO audits.
Reports to Congress.
Public availability of information.

SUBCHAPTER V—TERMINATION OF ASSISTANCE
FOR INDIAN TRIBES UNDER INCORPORATED
PROGRAMS
4181.
4182.
4183.
4184.

Termination of Indian housing assistance
under United States Housing Act of 1937.
Termination of new commitments for rental
assistance.
Savings provision.
Effect on HOME Investment Partnerships
Act.

SUBCHAPTER VI—FEDERAL GUARANTEES FOR
FINANCING FOR TRIBAL HOUSING ACTIVITIES
4191.
4192.
4193.
4194.
4195.
4196.

Sec.

4101.
4102.

§ 4061

Authority and requirements.
Security and repayment.
Payment of interest.
Training and information.
Limitations on amount of guarantees.
Demonstration program for guaranteed loans
to finance tribal community and economic
development activities.

SUBCHAPTER VII—OTHER HOUSING ASSISTANCE
FOR NATIVE AMERICANS
4211.
4212.

50-year leasehold interest in trust or restricted lands for housing purposes.
Training and technical assistance.

SUBCHAPTER VIII—HOUSING ASSISTANCE FOR
NATIVE HAWAIIANS
4221.
4222.
4223.
4224.
4225.
4226.
4227.
4228.
4229.
4230.

Definitions.
Block grants for affordable housing activities.
Housing plan.
Review of plans.
Treatment of program income and labor
standards.
Environmental review.
Regulations.
Affordable housing activities.
Eligible affordable housing activities.
Program requirements.