25 U.S.C. 4021 et seq.

§ 4012

TITLE 25—INDIANS

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) 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and maintain a record of any such accounts and to permit the balance in each such account to be withdrawn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 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.
(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 man-

Page 574

ner 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 responsibility 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
(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.

Page 575

§ 4041

TITLE 25—INDIANS

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

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

§ 4027. Savings provision

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

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.

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

TRANSFER OF FUNCTIONS