§5634 — Title 25 Indians | U.S. Code

Summary

The Secretary must prepare a report within 1 year after June 22, 2016, after talking with Indian tribes and tribal organizations, and send it to the House Natural Resources Committee, the Senate Indian Affairs Committee, and both Appropriations Committees. The report must say which Office of the Special Trustee duties (other than handling trust money) are done alone or with the BIA or other agencies, especially duties tied to nonmoney trust resources. It must say which duties will move to other parts of the Department and when. It must include a plan to end the Office no later than 2 years after the report, or explain why 2 years won’t work and give a new end date. If a tribe or group of tribes asks, and as allowed by law and rules, the Secretary must include fiduciary trust officers in contracts or compacts under the Indian Self-Determination and Education Assistance Act. Sending the report does not by itself close the Office, and it does not change how sections 4042 and 4043 apply.

Title 25, §5634

Indians — Source: USLM XML via OLRC

(a)Notwithstanding section 4042 and 4043 of this title, not later than 1 year after June 22, 2016, the Secretary shall prepare and, after consultation with Indian tribes and appropriate Indian organizations, submit to the Committee on Natural Resources of the House of Representatives, the Committee on Indian Affairs of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate—

(1)an identification of all functions, other than the collection, management, and investment of Indian trust funds, that the Office of the Special Trustee performs independently or in concert with the BIA or other Federal agencies, specifically those functions that affect or relate to management of nonmonetary trust resources;

(2)a description of any functions of the Office of the Special Trustee that will be transitioned to other bureaus or agencies within the Department prior to the termination date of the Office, as described in paragraph (3), together with the timeframes for those transfers; and

(3)a transition plan and timetable for the termination of the Office of the Special Trustee, to occur not later than 2 years after the date of submission, unless the Secretary determines than an orderly transition cannot be accomplished within 2 years, in which case the Secretary shall include—

(A)a statement of all reasons why the transition cannot be effected within that time; and

(B)an alternative date for completing the transition.

(b)Subject to applicable law and regulations, the Secretary, at the request of an Indian tribe or a consortium of Indian tribes, shall include fiduciary trust officers in a contract, compact, or other agreement under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).11 See References in Text note below.

(c)Nothing in this section or the submission required by this section—

(1)shall cause the Office of the Special Trustee to terminate; or

(2)affect the application of section 4042 and 4043 of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act, referred to in subsec. (b), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 5301 of this title and Tables.

§5634 Office of Special Trustee for American Indians