§5613 — Title 25 Indians | U.S. Code

Summary

After a tribe gets a notice from the Secretary under section 5612(b)(2), the tribe must send the Secretary a proposed Indian trust asset management plan. The plan must say which trust assets it covers; set goals and priorities for managing assets on the reservation or under the tribe’s jurisdiction; show how available money will be used to meet those goals; if the tribe already runs trust functions under contracts or compacts under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), say which functions and describe the practices the tribe will use (this can include surface leasing or forest land management allowed under section 5614(b)); include a way to try nonbinding mediation for disputes with the United States; set up evaluations that the tribe and affected federal agencies can use to check management; and identify any federal rules the plan would replace. If the tribe asks in writing, the Secretary must give technical and budget help to prepare the plan. The Secretary must approve or disapprove the plan within 120 days. The Secretary must approve unless the plan misses required items, conflicts with the rule that plans must follow applicable treaties, statutes, and Executive orders (and section 5614), or costs more than the funding available for those trust assets. If disapproved, the Secretary must send a written reason. The tribe may send an amended plan within 90 days. If the Secretary does not act in 120 days, the plan is treated as approved. A tribe can seek judicial review under the Administrative Procedure Act if the plan is disapproved and the tribe has used all other administrative remedies. A tribe may end an approved plan by giving the Secretary a notice and a tribal resolution; the termination takes effect on October 1 of the first fiscal year after the notice.

Title 25, §5613

Indians — Source: USLM XML via OLRC

(a)(1)After the date on which an Indian tribe receives a notice from the Secretary under section 5612(b)(2) of this title, the Indian tribe shall submit to the Secretary a proposed Indian trust asset management plan in accordance with paragraph (2).

(2)A proposed Indian trust asset management plan shall include provisions that—

(A)identify the trust assets that will be subject to the plan;

(B)establish trust asset management objectives and priorities for Indian trust assets that are located within the reservation, or otherwise subject to the jurisdiction, of the Indian tribe;

(C)allocate trust asset management funding that is available for the Indian trust assets subject to the plan in order to meet the trust asset management objectives and priorities;

(D)if the Indian tribe has contracted or compacted functions or activities under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) 11 See References in Text note below. relating to the management of trust assets—

(i)identify the functions or activities that are being or will be performed by the Indian tribe under the contracts, compacts, or other agreements under that Act, which may include any of the surface leasing or forest land management activities authorized by the proposed plan pursuant to section 5614(b) of this title; and

(ii)describe the practices and procedures that the Indian tribe will follow;

(E)establish procedures for nonbinding mediation or resolution of any dispute between the Indian tribe and the United States relating to the trust asset management plan;

(F)include a process for the Indian tribe and the Federal agencies affected by the trust asset management plan to conduct evaluations to ensure that trust assets are being managed in accordance with the plan; and

(G)identify any Federal regulations that will be superseded by the plan.

(3)On receipt of a written request from an Indian tribe, the Secretary shall provide to the Indian tribe any technical assistance and information, including budgetary information, that the Indian tribe determines to be necessary for preparation of a proposed plan.

(b)(1)(A)Not later than 120 days after the date on which an Indian tribe submits a proposed Indian trust asset management plan under subsection (a), the Secretary shall approve or disapprove the proposed plan.

(B)The Secretary shall approve a proposed plan unless the Secretary determines that—

(i)the proposed plan fails to address a requirement under subsection (a)(2);

(ii)the proposed plan includes 1 or more provisions that are inconsistent with subsection (c); or

(iii)the cost of implementing the proposed plan exceeds the amount of funding available for the management of trust assets that would be subject to the proposed plan.

(2)(A)If the Secretary disapproves a proposed plan under paragraph (1)(B), the Secretary shall provide to the Indian tribe a written notice of the disapproval, including any reason why the proposed plan was disapproved.

(B)If a proposed plan is disapproved under paragraph (1)(B), the Indian tribe may resubmit an amended proposed plan by not later than 90 days after the date on which the Indian tribe receives the notice under subparagraph (A).

(3)If the Secretary fails to approve or disapprove a proposed plan in accordance with paragraph (1), the plan shall be considered to be approved.

(4)An Indian tribe may seek judicial review of a determination of the Secretary under this subsection in accordance with subchapter II of chapter 5, and chapter 7, of title 5, (commonly known as the “Administrative Procedure Act”), if—

(A)the Secretary disapproves the proposed plan of the Indian tribe under paragraph (1); and

(B)the Indian tribe has exhausted all other administrative remedies available to the Indian tribe.

(c)Subject to section 5614 of this title, an Indian trust asset management plan, and any activity carried out under the plan, shall not be approved unless the proposed plan is consistent with any treaties, statutes, and Executive orders that are applicable to the trust assets, or the management of the trust assets, identified in the plan.

(d)(1)An Indian tribe may terminate an Indian trust asset management plan on any date after the date on which a proposed Indian trust asset management plan is approved by providing to the Secretary—

(A)a notice of the intent of the Indian tribe to terminate the plan; and

(B)a resolution of the governing body of the Indian tribe authorizing the termination of the plan.

(2)A termination of an Indian trust asset management plan under paragraph (1) takes effect on October 1 of the first fiscal year following the date on which a notice is provided to the Secretary under paragraph (1)(A).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act, referred to in subsec. (a)(2)(D), 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.

§5613 Indian Trust Asset Management Plan