25 U.S.C. § 5613: Indian trust asset…

Summary

After a tribe gets a notice from the Secretary, the tribe must send in a proposed Indian trust asset management plan. The plan must say which trust assets are covered, set goals and priorities for managing assets on the reservation or under the tribe’s jurisdiction, and show how available money will be used to meet those goals. If the tribe already runs trust-asset work under the Indian Self‑Determination and Education Assistance Act, the plan must list those functions and explain how the tribe will do them. The plan must also include a way to handle disputes by nonbinding mediation, a process for the tribe and federal agencies to check that the plan is followed, and a list of any federal rules the plan would replace. If the tribe asks in writing, the Secretary must give technical and budget information to help prepare the plan. The Secretary has 120 days to approve or disapprove a plan. A plan can only be rejected if it misses required items, conflicts with applicable laws, or costs more than the money that is available. If rejected, the Secretary must give written reasons and the tribe can send a fixed-up plan within 90 days. If the Secretary does not act in 120 days, the plan is treated as approved. A tribe can ask a court to review a Secretary’s rejection after using all other administrative steps. A tribe may end an approved plan by sending a notice and a tribal resolution; the end takes effect on October 1 of the first fiscal year after the notice.

Title 25, §5613

Indians, Source: USLM XML via OLRC

(a)Proposed plan

(1)Submission

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)Contents

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.) 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)Technical assistance and information

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)Approval and disapproval of proposed plans

(1)Approval

(A)In general

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)Requirements for disapproval

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)Action on disapproval

(A)Notice

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)Action by tribes

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)Failure to approve or disapprove

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)Judicial review

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)Applicable laws

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)Termination of plan

(1)In general

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)Effective date

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