§4044 — Title 25 Indians | U.S. Code

Summary

By May 31, 1996, the Secretary must send the House Natural Resources Committee and the Senate Indian Affairs Committee a report that lists every tribal trust fund account the Secretary manages and gives a reconciled balance for each account as of September 30, 1995. The Secretary must work with the Special Trustee while preparing the report. The report must explain how the Secretary checked and reconciled the accounts, include a statement from each account holder saying either that they accept the reconciled balance or that they disagree and why, and for any disagreements include the Secretary’s plan for resolving the dispute.

Title 25, §4044

Indians — Source: USLM XML via OLRC

The Secretary shall transmit to the Committee on Natural Resources of the House of Representatives and the Committee on Indian Affairs of the Senate, by May 31, 1996, a report identifying for each tribal trust fund account for which the Secretary is responsible a balance reconciled as of September 30, 1995. In carrying out this section, the Secretary shall consult with the Special Trustee. The report shall include—

(1)a description of the Secretary’s methodology in reconciling trust fund accounts;

(2)attestations by each account holder that—

(A)the Secretary has provided the account holder with as full and complete accounting as possible of the account holder’s funds to the earliest possible date, and that the account holder accepts the balance as reconciled by the Secretary; or

(B)the account holder disputes the balance of the account holder’s account as reconciled by the Secretary and statement explaining why the account holder disputes the Secretary’s reconciled balance; and

(3)a statement by the Secretary with regard to each account balance disputed by the account holder outlining efforts the Secretary will undertake to resolve the dispute.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Settlement of Tribal Claims Pub. L. 107–153, § 1, Mar. 19, 2002, 116 Stat. 79, as amended by Pub. L. 109–158, § 1, Dec. 30, 2005, 119 Stat. 2954, provided that: “(a) In General.—Notwithstanding any other provision of law, for purposes of determining the date on which an Indian tribe received a reconciliation report for purposes of applying a statute of limitations, any such report provided to or received by an Indian tribe in response to section 304 of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4044) shall be deemed to have been received by the Indian tribe on December 31, 2000. “(b) Statement of Purpose.—Subsection (a) is solely intended to provide recipients of reconciliation reports with the opportunity to postpone the filing of claims, or to facilitate the voluntary dismissal of claims, to encourage settlement negotiations with the United States.”

§4044 Reconciliation Report

Summary

Title 25, §4044

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Citations & Metadata