25 USC 4042 - Office of Special Trustee for American Indians

Collapse to view only § 4042. Office of Special Trustee for American Indians

§ 4041. Purposes
§ 4042. Office of Special Trustee for American Indians
§ 4043. Authorities and functions of Special Trustee
§ 4044. Reconciliation report
§ 4045. Staff and consultants
§ 4046. Advisory board

§ 4041. Purposes

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.

(Pub. L. 103–412, title III, § 301, Oct. 25, 1994, 108 Stat. 4244.)

§ 4042. Office of Special Trustee for American Indians

(a) Establishment

(b) Special Trustee

(1) Appointment

(2) Compensation

(1) Conditioned upon implementation of reforms

(2) 30-day notice

(3) Termination date

(Pub. L. 103–412, title III, § 302, Oct. 25, 1994, 108 Stat. 4244.)

§ 4043. Authorities and functions of Special Trustee

(a) Comprehensive strategic plan

(1) In general

(2) Plan requirementsThe 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

(2) Bureau of Indian Affairs

(A) Monitor reconciliation of trust accounts

(B) InvestmentsThe 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.

(3) Bureau of Land Management

(4) Minerals Management Service

(1) In generalThe 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

(3) Integration of ledger with investment system

(4) Integration of land records, trust funds accounting, and asset management systems among agenciesThe 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

(B) Duty of certain program managers

(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

(E) Limitation on reprogramming or transfer

(d) Problem resolution

(e) Special Trustee access

(f) Annual report

(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.)

§ 4044. Reconciliation reportThe 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.

(Pub. L. 103–412, title III, § 304, Oct. 25, 1994, 108 Stat. 4248.)

§ 4045. Staff and consultants

(a) Staff

(b) Contracts

(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;

(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

(d) Termination

(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; Pub. L. 117–286, § 4(a)(184), Dec. 27, 2022, 136 Stat. 4326.)