§ 4021 TITLE 25—INDIANS Page 702

SUBCHAPTER II—INDIAN TRUST FUND

MANAGEMENT PROGRAM

§ 4021. Purpose

The purpose of this subchapter is to allow

tribes an opportunity to manage tribal funds

currently held in trust by the United States and

managed by the Secretary through the Bureau,

that, consistent with the trust responsibility of

the United States and the principles of self-determination, will—

(1) give Indian tribal governments greater

control over the management of such trust

funds; or

(2) otherwise demonstrate how the principles

of self-determination can work with respect to

the management of such trust funds, in a manner consistent with the trust responsibility of

the United States.

(Pub. L. 103–412, title II, §201, Oct. 25, 1994, 108

Stat. 4242.)

§ 4022. Voluntary withdrawal from trust funds

program

(a) In general

An Indian tribe may, in accordance with this

section, submit a plan to withdraw some or all

funds held in trust for such tribe by the United

States and managed by the Secretary through

the Bureau.

(b) Approval of plan

The Secretary shall approve such plan within

90 days of receipt and when approving the plan,

the Secretary shall obtain the advice of the Special Trustee or prior to the appointment of such

Special Trustee, the Director of the Office of

Trust Fund Management within the Bureau.

Such plan shall meet the following conditions:

(1) Such plan has been approved by the appropriate Indian tribe and is accompanied by a

resolution from the tribal governing body approving the plan.

(2) The Secretary determines such plan to be

reasonable after considering all appropriate

factors, including (but not limited to) the following:

(A) The capability and experience of the

individuals or institutions that will be managing the trust funds.

(B) The protection against substantial loss

of principal.

(c) Dissolution of trust responsibility

Beginning on the date funds are withdrawn

pursuant to this section, any trust responsibility or liability of the United States with respect

to such funds shall cease except as provided for

in section 4027 of this title.

(Pub. L. 103–412, title II, §202, Oct. 25, 1994, 108

Stat. 4242.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4023 of this title.

§ 4023. Judgment funds

(a) In general

The Secretary is authorized to approve plans

under section 4022 of this title for the withdrawal of judgment funds held by the Secretary.

(b) Limitation

Only such funds held by the Secretary under

the terms of the Indian Judgment Funds Use or

Distribution Act [25 U.S.C. 1401 et seq.] or an

Act of Congress which provides for the secretarial management of such judgment funds shall be

included in such plans.

(c) Secretarial duties

In approving such plans, the Secretary shall

ensure—

(1) that the purpose and use of the judgment

funds identified in the previously approved

judgment fund plan will continue to be followed by the Indian tribe in the management

of the judgment funds; and

(2) that only funds held for Indian tribes

may be withdrawn and that any funds held for

individual tribal members are not to be included in the plan.

(Pub. L. 103–412, title II, §203, Oct. 25, 1994, 108

Stat. 4242.)

REFERENCES IN TEXT

The Indian Judgment Funds Use or Distribution Act,

referred to in subsec. (b), probably means the Indian

Tribal Judgment Funds Use or Distribution Act, Pub.

L. 93–134, Oct. 19, 1973, 87 Stat. 466, as amended, which

is classified generally to chapter 16 (§1401 et seq.) of

this title. For complete classification of this Act to the

Code, see Tables.

§ 4024. Technical assistance

The Secretary shall—

(1) directly or by contract, provide Indian

tribes with technical assistance in developing,

implementing, and managing Indian trust

fund investment plans; and

(2) among other things, ensure that legal, financial, and other expertise of the Department of the Interior has been made fully available in an advisory capacity to the Indian

tribes to assist in the development, implementation, and management of investment plans.

(Pub. L. 103–412, title II, §204, Oct. 25, 1994, 108

Stat. 4243.)

§ 4025. Grant program

(a) General authority

The Secretary is authorized to award grants to

Indian tribes for the purpose of developing and

implementing plans for the investment of Indian

tribal trust funds.

(b) Use of funds

The purposes for which funds provided under

this section may be used include (but are not

limited to)—

(1) the training and education of employees

responsible for monitoring the investment of

trust funds;

(2) the building of tribal capacity for the investment and management of trust funds;

(3) the development of a comprehensive tribal investment plan;

(4) the implementation and management of

tribal trust fund investment plans; and

(5) such other purposes related to this subchapter that the Secretary deems appropriate.

(Pub. L. 103–412, title II, §205, Oct. 25, 1994, 108

Stat. 4243.)