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25 U.S.C. § 4022 — Voluntary withdrawal from trust funds

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

25 U.S.C. § 4022 — Voluntary withdrawal from trust funds

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Page 625 TITLE 25—INDIANS § 4027 § 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 Spe- cial 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 ap- propriate Indian tribe and is accompanied by a resolution from the tribal governing body ap- proving the plan. (2) The Secretary determines such plan to be reasonable after considering all appropriate factors, including (but not limited to) the fol- lowing: (A) The capability and experience of the individuals or institutions that will be man- aging 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 (c) Dissolution of trust responsibility Beginning on the date funds are withdrawn pursuant to this section, any trust responsi- bility or liability of the United States with re- spect to such funds shall cease except as pro- vided for in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 with- drawal 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 secre- tarial 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 fol- lowed 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 in- cluded in the plan. (Pub. L. 103–412, title II, § 203, Oct. 25, 1994, 108 Stat. 4242.) Editorial Notes 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, which is classified generally to chapter 16 (§ 1401 et seq.) of this title. For complete classification of this Act to the Code, see Ta- bles. § 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, fi- nancial, and other expertise of the Depart- ment of the Interior has been made fully avail- able in an advisory capacity to the Indian tribes to assist in the development, implemen- tation, 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 in- vestment and management of trust funds; (3) the development of a comprehensive trib- al investment plan; (4) the implementation and management of tribal trust fund investment plans; and (5) such other purposes related to this sub- chapter 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 with- drawn 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 in- tention 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 compensa- tion.

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

25 U.S.C. § 1401 — Funds appropriated in satisfaction of judgments of Indian Claims Commission or United States Court of Federal Claims

**(a) Use and distribution** Notwithstanding any other law, all use or distribution of funds appropriated in satisfaction of a judgment of the Indian Claims Commission or the United States Court of Federal Claims in favor of any Indian tribe, band, group, pueblo, or community (hereinafter referred to as “Indian tribe”), together with any investment income earned thereon, after payment of attorney fees and litigation expenses, shall be made pursuant to the provisions of this chapter. **(b) Amounts remaining to be held in trust unless otherwise provided** Except as provided in sections 164 and 165 of this title, amounts which the Secretary of the Interior has remaining after execution of either a plan under this chapter, or another Act enacted heretofore or hereafter providing for the use or distribution of amounts awarded in satisfaction of a judgment in favor of an Indian tribe or tribes, together with any investment income earned thereon and after payment of attorney fees and litigation expenses, shall be held in trust by the Secretary for the tribe or tribes involved if the plan or Act does not otherwise provide for the use of such amounts. **(c) Short title** This chapter may be cited as the “Indian Tribal Judgment Funds Use or Distribution Act”.

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

25 U.S.C. § 1401 — Funds appropriated in satisfaction of

Page 224 TITLE 25—INDIANS § 1341 is neither granted nor denied within ninety days following the making of such application, such approval shall be deemed to have been granted. (Pub. L. 90–284, title VI, § 601, Apr. 11, 1968, 82 Stat. 80.) SUBCHAPTER V—MATERIALS AND PUBLICATIONS § 1341. Authorization of Secretary (a) Revision of document on ‘‘Indian Affairs, Laws and Treaties’’ and treatise on ‘‘Federal Indian Laws’’; compilation of official opin- ions; printing and republication In order that the constitutional rights of Indi- ans might be fully protected, the Secretary of the Interior is authorized and directed to— (1) have the document entitled ‘‘Indian Af- fairs, Laws and Treaties’’ (Senate Document Numbered 319, volumes 1 and 2, Fifty-eighth Congress), revised and extended to include all treaties, laws, Executive orders, and regula- tions relating to Indian affairs in force on Sep- tember 1, 1967, and to have such revised docu- ment printed at the Government Publishing Office; (2) have revised and republished the treatise entitled ‘‘Federal Indian Law’’; and (3) have prepared, to the extent determined by the Secretary of the Interior to be feasible, an accurate compilation of the official opin- ions, published and unpublished, of the Solic- itor of the Department of the Interior relating to Indian affairs rendered by the Solicitor prior to September 1, 1967, and to have such compilation printed as a Government publica- tion at the Government Publishing Office. (b) Current services With respect to the document entitled ‘‘Indian Affairs, Laws and Treaties’’ as revised and ex- tended in accordance with paragraph (1) of sub- section (a), and the compilation prepared in ac- cordance with paragraph (3) of such subsection, the Secretary of the In

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

25 U.S.C. § 4022 — 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.

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