25 U.S.C. § 5615: Effect of subchapter

Summary

An approved tribal plan or these rules do not by themselves change who is legally responsible for losses from managing an Indian trust asset, unless other parts of the subchapter say so. The United States is not responsible for losses that happen because a plan lets a trust asset be managed under weaker rules than the Secretary would normally require. That rule still applies even if the plan is later ended or canceled. These rules do not change any treaty, law, regulation, or order that applies to trust assets. They do not limit a tribe’s authority under the Indian Self-Determination Act. A tribe that does not submit a full trust asset plan may send its tribal forest management rules to the Secretary for review. The United States’ trust responsibility to tribes and individual Indians is not changed.

Title 25, §5615

Indians, Source: USLM XML via OLRC

(a)Liability

Subject to section 5614 of this title and this section, nothing in this subchapter or an Indian trust asset management plan approved under section 5613 of this title shall independently diminish, increase, create, or otherwise affect the liability of the United States or an Indian tribe participating in the project for any loss resulting from the management of an Indian trust asset under an Indian trust asset management plan.

(b)Deviation from standard practices

The United States shall not be liable to any party (including any Indian tribe) for any term of, or any loss resulting from the terms of, an Indian trust asset management plan that provides for management of a trust asset at a less-stringent standard than the Secretary would otherwise require or adhere to in absence of an Indian trust asset management plan.

(c)Effect of termination of plan

Subsection (b) applies to losses resulting from a transaction or activity described in that subsection even if the Indian trust asset management plan is terminated under section 5613(d) of this title or rescinded under section 5614(h) of this title.

(d)Effect on other laws

(1)In general

Except as provided in section 5613 and 5614 of this title and subsection (e), nothing in this subchapter amends or otherwise affects the application of any treaty, statute, regulation, or Executive order that is applicable to Indian trust assets or the management or administration of Indian trust assets.

(2)Indian Self-Determination Act

Nothing in this subchapter limits or otherwise affects the authority of an Indian tribe, including an Indian tribe participating in the project, to enter into and carry out a contract, compact, or other agreement under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) (including regulations).

(e)Separate approval

An Indian tribe may submit to the Secretary tribal regulations described in section 5614(b) of this title governing forest land management activities for review and approval under this subchapter if the Indian tribe does not submit or intend to submit an Indian trust asset management plan.

(f)Trust responsibility

Nothing in this subchapter enhances, diminishes, or otherwise affects the trust responsibility of the United States to Indian tribes or individual Indians.

Notes & Related Subsidiaries

Editorial Notes

References in Text

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

§5615 Effect of Subchapter