Title 25, IndiansRelease 119-110

§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 Sep 22, 2026|Official source

Summary

Creates an Office of Special Trustee for American Indians inside the Department of the Interior. The office is led by a Special Trustee who reports to the Secretary. The President appoints the Trustee with Senate approval. The Trustee must have proven skill running large government or business organizations and know about trust fund management, financial institutions, and investing big sums. Pay is set by the Secretary but cannot be less than the basic pay for Level II of the Executive Schedule under 5 U.S.C. 5313. The Trustee must keep the office open until the reforms in the strategic plan are finished to the Trustee’s satisfaction when proposing a closing date. At least 30 days before that proposed date, the Trustee must send a written progress report to the Secretary and Congress and may ask that the office continue or become permanent. The office ends 180 legislative days after that notice unless Congress extends it. A legislative day is any day either the House or the Senate is in session.

Full Legal Text

Title 25, §4042

Indians, Source: USLM XML via OLRC

(a)Establishment
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)Special Trustee
(1)Appointment
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)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 reforms
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)30-day notice
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)Termination date
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 25, Indians

Last Updated

Sep 22, 2026

Release point: 119-110