25 USC 4041 Purposes

Page 841

§ 4042

TITLE 25—INDIANS

(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)—
(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.
(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 Return of withdrawn funds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may prescribe, any Indian tribe which has withdrawn trust funds may choose to return any or
all of the trust funds such tribe has withdrawn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
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, § 207, 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—
(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.

§ 4028. Report to Congress

§ 4042. Office of Special Trustee for American Indians

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.

(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 con-

(Pub. L. 103–412, title II, § 208, Oct. 25, 1994, 108
Stat. 4243.)