Page 703 TITLE 25—INDIANS § 4042

§ 4026. Return of withdrawn funds

Subject to such conditions as the Secretary

may prescribe, any Indian tribe which has withdrawn trust funds may choose to return any or

all of the trust funds such tribe has withdrawn

by notifying the Secretary in writing of its intention to return the funds to the control and

management of the Secretary.

(Pub. L. 103–412, title II, §206, Oct. 25, 1994, 108

Stat. 4243.)

§ 4027. Savings provision

By submitting or approving a plan under this

subchapter, neither the tribe nor the Secretary

shall be deemed to have accepted the account

balance as accurate or to have waived any rights

regarding such balance and to seek compensation.

(Pub. L. 103–412, title II, §207, Oct. 25, 1994, 108

Stat. 4243.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4022 of this title.

§ 4028. Report to Congress

The Secretary shall, beginning one year after

October 25, 1994, submit an annual report to the

Committee on Natural Resources of the House of

Representatives and the Committee on Indian

Affairs of the Senate on the implementation of

programs under this subchapter. Such report

shall include recommendations (if any) for

changes necessary to better implement the purpose of this subchapter.

(Pub. L. 103–412, title II, §208, Oct. 25, 1994, 108

Stat. 4243.)

CHANGE OF NAME

Committee on Natural Resources of House of Representatives treated as referring to Committee on Resources of House of Representatives by section 1(a) of

Pub. L. 104–14, set out as a note preceding section 21 of

Title 2, The Congress.

§ 4029. Regulations

(a) In general

Not later than 12 months after October 25,

1994, the Secretary shall promulgate final regulations for the implementation of this subchapter. All regulations promulgated pursuant

to this subchapter shall be developed by the Secretary with the full and active participation of

the Indian tribes with trust funds held by the

Secretary and other affected Indian tribes.

(b) Effect

The lack of promulgated regulations shall not

limit the effect of this subchapter.

(Pub. L. 103–412, title II, §209, Oct. 25, 1994, 108

Stat. 4243.)

SUBCHAPTER III—SPECIAL TRUSTEE FOR

AMERICAN INDIANS

§ 4041. Purposes

The purposes of this subchapter are—

(1) to provide for more effective management of, and accountability for the proper discharge of, the Secretary’s trust responsibilities to Indian tribes and individual Indians by

establishing in the Department of the Interior

an Office of Special Trustee for American Indians to oversee and coordinate reforms within

the Department of practices relating to the

management and discharge of such responsibilities;

(2) to ensure that reform of such practices in

the Department is carried out in a unified

manner and that reforms of the policies, practices, procedures and systems of the Bureau,

Minerals Management Service, and Bureau of

Land Management, which carry out such trust

responsibilities, are effective, consistent, and

integrated; and

(3) to ensure the implementation of all reforms necessary for the proper discharge of

the Secretary’s trust responsibilities to Indian

tribes and individual Indians.

(Pub. L. 103–412, title III, §301, Oct. 25, 1994, 108

Stat. 4244.)

§ 4042. Office of Special Trustee for American Indians

(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 continu-