25 U.S.C. § 4042 — Office of Special Trustee for American In-

Page 626 TITLE 25—INDIANS § 4028 (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 pur- pose 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 regu- lations for the implementation of this sub- chapter. All regulations promulgated pursuant to this subchapter shall be developed by the Sec- retary 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 manage- ment of, and accountability for the proper dis- charge of, the Secretary’s trust responsibil- ities to Indian tribes and individual Indians by establishing in the Department of the Interior an Office of Special Trustee for American Indi- ans to oversee and coordinate reforms within the Department of practices relating to the management and discharge of such respon- sibilities; (2) to ensure that reform of such practices in the Department is carried out in a unified manner and that reforms of the policies, prac- tices, 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 re- forms 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.) Executive Documents TRANSFER OF FUNCTIONS The Minerals Management Service was abolished and functions divided among the Office of Natural Re- sources Revenue, the Bureau of Ocean Energy Manage- ment, and the Bureau of Safety and Environmental En- forcement. See Secretary of the Interior Orders No. 3299 of May 19, 2010, and No. 3302 of June 18, 2010, and chap- ters II, V, and XII of title 30, Code of Federal Regula- tions, as revised by final rules of the Department of the Interior at 75 F.R. 61051 and 76 F.R. 64432. § 4042. Office of Special Trustee for American In- dians (a) Establishment There is hereby established within the Depart- ment of the Interior the Office of Special Trust- ee 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- sent of the Senate, from among individuals who possess demonstrated ability in general management of large governmental or busi- ness entities and particular knowledge of trust fund management, management of financial institutions, and the investment of large sums of money. (2) Compensation The Special Trustee shall be paid at a rate determined by the Secretary to be appropriate for the position, but not less than the rate of basic pay payable at Level II of the Executive Schedule under section 5313 of title 5. (c) Termination of Office (1) Conditioned upon implementation of re- forms The Special Trustee, in proposing a termi- nation date under section 4043(a)(2)(C) of this title, shall ensure continuation of the Office until all reforms identified in the strategic plan have been implemented to the satisfac- tion of the Special Trustee. (2) 30-day notice Thirty days prior to the termination date proposed in the plan submitted under this sec- tion, the Special Trustee shall notify the Sec- retary and the Congress in writing of the progress in implementing the reforms identi- fied in the plan. The Special Trustee, at that time, may recommend the continuation, or the permanent establishment, of the Office if the Special Trustee concludes that continu- ation or permanent establishment is necessary for the efficient discharge of the Secretary’s trust responsibilities. (3) Termination date The Office shall terminate 180 legislative days after the date on which the notice to the Congress under paragraph (2) is provided, un- less the Congress extends the authorities of the Special Trustee. For the purposes of this section, a legislative day is a day on which ei- ther House of the Congress is in session. (Pub. L. 103–412, title III, § 302, Oct. 25, 1994, 108 Stat. 4244.) Page 627 TITLE 25—INDIANS § 4043 § 4043. Authorities and functions of Special Trustee (a) Comprehensive strategic plan (1) In general The Special Trustee shall prepare and, after consultation with Indian tribes and appro- priate Indian organizations, submit to the Secretary and the Committee on Natural Re- sources of the House of Representatives and the Committee on Indian Affairs of the Sen- ate, within one year after the initial appoint- ment is made under section 4042(b) of this title, a comprehensive strategic plan for all phases of the trust management business cycle that will ensure proper and efficient discharge of the Secretary’s trust responsibilities to In- dian tribes and individual Indians in compli- ance with this chapter. (2) Plan requirements The 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 Man- agement Service necessary to ensure the proper and efficient discharge of the Sec- retary’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 Sec- retary 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 devel- opment in their communities. (C) A timetable for implementing the re- forms identified in the plan, including a date for the proposed termination of the Office. (b) Duties (1) General oversight of reform efforts The Special Trustee shall oversee all reform efforts within the Bureau, the Bureau of Land Management, and the Minerals Management Service relating to the trust responsibilities of the Secretary to ensure the establishment of policies, procedures, systems and practices to allow the Secretary to discharge his trust re- sponsibilities in compliance with this chapter. (2) Bureau of Indian Affairs (A) Monitor reconciliation of trust accounts The Special Trustee shall monitor the rec- onciliation of tribal and Individual Indian Money trust accounts to ensure that the Bu- reau provides the account holders, with a fair and accurate accounting of all trust ac- counts. (B) Investments The 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 re- turn on the investment of all trust fund monies, and (ii) to prepare accurate and timely re- ports to account holders (and others, as re- quired) on a periodic basis regarding all collections, disbursements, investments, and return on investments related to their accounts. (C) Ownership and lease data The Special Trustee shall ensure that the Bureau establishes policies and practices to maintain complete, accurate, and timely data regarding the ownership and lease of In- dian lands. (3) Bureau of Land Management The Special Trustee shall ensure that the Bureau of Land Management establishes poli- cies and practices adequate to enforce compli- ance with Federal requirements for drilling, production, accountability, environmental protection, and safety with respect to the lease of Indian lands. (4) Minerals Management Service The Special Trustee shall ensure that the Minerals Management Service establishes policies and practices to enforce compliance by lessees of Indian lands with all require- ments for timely and accurate reporting of production and payment of lease royalties and other revenues, including the audit of leases to ensure that lessees are accurately reporting production levels and calculating royalty pay- ments. (c) Coordination of policies (1) In general The 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 Sec- retary’s trust responsibilities are coordi- nated, consistent, and integrated, and (B) the Department prepares comprehen- sive and coordinated written policies and procedures for each phase of the trust man- agement business cycle. (2) Standardized procedures The Special Trustee shall ensure that the Bureau imposes standardized trust fund ac- counting procedures throughout the Bureau. (3) Integration of ledger with investment sys- tem The Special Trustee shall ensure that the trust fund investment, general ledger, and subsidiary accounting systems of the Bureau are integrated and that they are adequate to support the trust fund investment needs of the Bureau. (4) Integration of land records, trust funds ac- counting, and asset management systems among agencies The Special Trustee shall ensure that— (A) the land records system of the Bureau interfaces with the trust fund accounting system, and