Title 25IndiansRelease 119-73not60

§4042 Office of Special Trustee for American Indians

Title 25 › Chapter 42— AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM › Subchapter III— SPECIAL TRUSTEE FOR AMERICAN INDIANS › § 4042

Last updated Apr 5, 2026|Official source

Summary

Creates an Office of Special Trustee for American Indians inside the Department of the Interior. The Office is run by a Special Trustee who reports directly to the Secretary. The President appoints the Special Trustee with the Senate’s approval. The person must have proven experience managing large government or business organizations and know how to manage trust funds, financial institutions, and large investments. Pay is set by the Secretary but must be at least the Level II rate under section 5313 of title 5. When proposing an end date under section 4043(a)(2)(C), the Special Trustee must keep the Office open until the reforms in the strategic plan are fully done to the Trustee’s satisfaction. At least 30 days before the proposed end date, the Trustee must send a written progress report to the Secretary and Congress and can recommend continuing or making the Office permanent. The Office ends 180 legislative days after that notice unless Congress extends it. A legislative day is any day one House of Congress is in session.

Full Legal Text

Title 25, §4042

Indians — Source: USLM XML via OLRC

(a)There is hereby established within the Department of the Interior the Office of Special Trustee for American Indians. The Office shall be headed by the Special Trustee who shall report directly to the Secretary.
(b)(1)The Special Trustee shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who possess demonstrated ability in general management of large governmental or business entities and particular knowledge of trust fund management, management of financial institutions, and the investment of large sums of money.
(2)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)(1)The Special Trustee, in proposing a termination 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 satisfaction of the Special Trustee.
(2)Thirty days prior to the termination date proposed in the plan submitted under this section, the Special Trustee shall notify the Secretary and the Congress in writing of the progress in implementing the reforms identified 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 continuation or permanent establishment is necessary for the efficient discharge of the Secretary’s trust responsibilities.
(3)The Office shall terminate 180 legislative days after the date on which the notice to the Congress under paragraph (2) is provided, unless the Congress extends the authorities of the Special Trustee. For the purposes of this section, a legislative day is a day on which either House of the Congress is in session.

Reference

Citations & Metadata

Citation

25 U.S.C. § 4042

Title 25Indians

Last Updated

Apr 5, 2026

Release point: 119-73not60