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25 U.S.C. § 5615 — Effect of subchapter

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5615 — Effect of subchapter

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Stable record: federal_law:legal_authorities:record_usc_e283cb4b1b3450a7e903f434
Source file: Laws/federal/codes/united-states-code/title-25/section-5615-effect-of-subchapter--6075cecc5e.md
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Source location: Title 25, Chapter 48, § 5615; chapter-048-indian-trust-asset-reform.md

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**(a) Liability** Subject to [section 5614 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5614&num=0&edition=prelim) and this section, nothing in this subchapter or an Indian trust asset management plan approved under [section 5613 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5613&num=0&edition=prelim) shall independently diminish, increase, create, or otherwise affect the liability of the United States or an Indian tribe participating in the project for any loss resulting from the management of an Indian trust asset under an Indian trust asset management plan. **(b) Deviation from standard practices** The United States shall not be liable to any party (including any Indian tribe) for any term of, or any loss resulting from the terms of, an Indian trust asset management plan that provides for management of a trust asset at a less-stringent standard than the Secretary would otherwise require or adhere to in absence of an Indian trust asset management plan. **(c) Effect of termination of plan** Subsection (b) applies to losses resulting from a transaction or activity described in that subsection even if the Indian trust asset management plan is terminated under [section 5613(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5613/d&num=0&edition=prelim) or rescinded under [section 5614(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5614/h&num=0&edition=prelim). **(d) Effect on other laws** (1) **In general** — Except as provided in sections 5613 and 5614 of this title and subsection (e), nothing in this subchapter amends or otherwise affects the application of any treaty, statute, regulation, or Executive order that is applicable to Indian trust assets or the management or administration of Indian trust assets. (2) **Indian Self-Determination Act** — Nothing in this subchapter limits or otherwise affects the authority of an Indian tribe, including an Indian tribe participating in the project, to enter into and carry out a contract, compact, or other agreement under the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450&num=0&edition=prelim) et seq.) 11 See References in Text note below. (including regulations). **(e) Separate approval** An Indian tribe may submit to the Secretary tribal regulations described in [section 5614(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5614/b&num=0&edition=prelim) governing forest land management activities for review and approval under this subchapter if the Indian tribe does not submit or intend to submit an Indian trust asset management plan. **(f) Trust responsibility** Nothing in this subchapter enhances, diminishes, or otherwise affects the trust responsibility of the United States to Indian tribes or individual Indians.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5301 — Application of other sections of this chapter

**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter. **(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 450 — Transferred

### Statutory Notes #### Codification Section 458aaa–18 was editorially reclassified as [section 5399 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5399&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5613 — Indian trust asset management plan

**(a) Proposed plan** (1) **Submission** — After the date on which an Indian tribe receives a notice from the Secretary under [section 5612(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5612/b/2&num=0&edition=prelim), the Indian tribe shall submit to the Secretary a proposed Indian trust asset management plan in accordance with paragraph (2). (2) **Contents** — A proposed Indian trust asset management plan shall include provisions that— (A) identify the trust assets that will be subject to the plan; (B) establish trust asset management objectives and priorities for Indian trust assets that are located within the reservation, or otherwise subject to the jurisdiction, of the Indian tribe; (C) allocate trust asset management funding that is available for the Indian trust assets subject to the plan in order to meet the trust asset management objectives and priorities; (D) if the Indian tribe has contracted or compacted functions or activities under the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450&num=0&edition=prelim) et seq.) 11 See References in Text note below. relating to the management of trust assets— (i) identify the functions or activities that are being or will be performed by the Indian tribe under the contracts, compacts, or other agreements under that Act, which may include any of the surface leasing or forest land management activities authorized by the proposed plan pursuant to [section 5614(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5614/b&num=0&edition=prelim); and (ii) describe the practices and procedures that the Indian tribe

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5614 — Forest land management and surface leasing activities

**(a) Definitions** In this section: (1) **Forest land management activity** — The term “forest land management activity” means any activity described in section 304(4) of the National Indian Forest Resources Management Act ([25 U.S.C. 3103(4)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3103/4&num=0&edition=prelim)). (2) **Interested party** — The term “interested party” means an Indian or non-Indian individual, entity, or government the interests of which could be adversely affected by a tribal trust land leasing decision made by an applicable Indian tribe. (3) **Surface leasing transaction** — The term “surface leasing transaction” means a residential, business, agricultural, or wind or solar resource lease of land the title to which is held— (A) in trust by the United States for the benefit of an Indian tribe; or (B) in fee by an Indian tribe, subject to restrictions against alienation under Federal law. **(b) Approval by Secretary** The Secretary may approve an Indian trust asset management plan that includes a provision authorizing the Indian tribe to enter into, approve, and carry out a surface leasing transaction or forest land management activity without approval of the Secretary, regardless of whether the surface leasing transaction or forest land management activity would require such an approval under otherwise applicable law (including regulations), if— (1) the resolution or other action of the governing body of the Indian tribe referred to in [section 5612(c)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5612/c/2/A&num=0&edition=prelim) expressly authorizes the inclusion of the provision in the Indian trust asset management plan; and (2) the Indian tribe has adop

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 450 — Transferred

Page 141 TITLE 25—INDIANS § 450f Section was formerly classified to section 93 of Title 45, Railroads. § 443c. Transferred Editorial Notes CODIFICATION Section 443c was editorially reclassified as section 1684 of this title. § 443d. Transferred Editorial Notes CODIFICATION Section 443d was editorially reclassified as section 1685 of this title. §§ 444 to 449. Repealed. Aug. 5, 1954, ch. 658, § 5, 68 Stat. 675 Sections, act Apr. 3, 1952, ch. 129, §§ 1–6, 66 Stat. 35, re- lated to Indian hospital services and facilities. See sec- tion 2001 et seq. of Title 42, The Public Health and Wel- fare. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective July 1, 1959, see section 6 of act Aug. 5, 1954, set out as an Effective Date note under section 2001 of Title 42, The Public Health and Welfare. SUBCHAPTER II—INDIAN SELF-DETER- MINATION AND EDUCATION ASSISTANCE § 450. Transferred Editorial Notes CODIFICATION Section 450 was editorially reclassified as section 5301 of this title. § 450a. Transferred Editorial Notes CODIFICATION Section 450a was editorially reclassified as section 5302 of this title. § 450a–1. Transferred Editorial Notes CODIFICATION Section 450a–1 was editorially reclassified as section 5303 of this title. § 450b. Transferred Editorial Notes CODIFICATION Section 450b was editorially reclassified as section 5304 of this title. § 450c. Transferred Editorial Notes CODIFICATION Section 450c was editorially reclassified as section 5305 of this title. § 450d. Transferred Editorial Notes CODIFICATION Section 450d was editorially reclassified as section 5306 of this title. § 450e. Transferred Editorial Notes CODIFICATION Section 450e was editorially reclassified as section 5307 of this title. § 4

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5615 — Effect of subchapter

Page 800 TITLE 25—INDIANS § 5615 1 See References in Text note below. States to Indian tribes under Federal law (in- cluding regulations), the Secretary may, on reasonable notice from the applicable Indian tribe and at the discretion of the Secretary, enforce the provisions of, or cancel, any lease executed by the Indian tribe under this sec- tion. (h) Compliance (1) In general An interested party, after exhausting any applicable tribal remedies, may submit to the Secretary a petition, at such time and in such form as the Secretary determines to be appro- priate, to review the compliance of an applica- ble Indian tribe with any tribal regulations approved by the Secretary under this sub- section. (2) Violations If the Secretary determines under paragraph (1) that a violation of tribal regulations has occurred, the Secretary may take any action the Secretary determines to be necessary to remedy the violation, including rescinding the approval of the tribal regulations and re- assuming responsibility for the approval of leases of tribal trust land. (3) Documentation If the Secretary determines under paragraph (1) that a violation of tribal regulations has occurred and a remedy is necessary, the Sec- retary shall— (A) make a written determination with re- spect to the regulations that have been vio- lated; (B) provide to the applicable Indian tribe a written notice of the alleged violation, to- gether with the written determination; and (C) prior to the exercise of any remedy, the rescission of the approval of the regulation involved, or the reassumption of the trust asset transaction approval responsibilities, provide to the applicable Indian tribe— (i) a hearing on the record; and (ii) a reasonable opportunity to cure the alleged violatio

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