§ 4043 TITLE 25—INDIANS Page 704

ation or permanent establishment is necessary

for the efficient discharge of the Secretary’s

trust responsibilities.

(3) Termination date

The Office shall terminate 180 legislative

days after the date on which the notice to the

Congress under paragraph (2) is provided, unless the Congress extends the authorities of

the Special Trustee. For the purposes of this

section, a legislative day is a day on which either House of the Congress is in session.

(Pub. L. 103–412, title III, §302, Oct. 25, 1994, 108

Stat. 4244.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4001, 4043 of this

title.

§ 4043. Authorities and functions of Special

Trustee

(a) Comprehensive strategic plan

(1) In general

The Special Trustee shall prepare and, after

consultation with Indian tribes and appropriate Indian organizations, submit to the

Secretary and the Committee on Natural Resources of the House of Representatives and

the Committee on Indian Affairs of the Senate, within one year after the initial appointment is made under section 4042(b) of this

title, a comprehensive strategic plan for all

phases of the trust management business cycle

that will ensure proper and efficient discharge

of the Secretary’s trust responsibilities to Indian tribes and individual Indians in compliance with this chapter.

(2) Plan requirements

The plan prepared under paragraph (1) shall

include the following:

(A) Identification of all reforms to the

policies, procedures, practices and systems

of the Department, the Bureau, the Bureau

of Land Management, and the Minerals Management Service necessary to ensure the

proper and efficient discharge of the Secretary’s trust responsibilities in compliance

with this chapter.

(B) Provisions for opportunities for Indian

tribes to assist in the management of their

trust accounts and to identify for the Secretary options for the investment of their

trust accounts, in a manner consistent with

the trust responsibilities of the Secretary, in

ways that will help promote economic development in their communities.

(C) A timetable for implementing the reforms identified in the plan, including a date

for the proposed termination of the Office.

(b) Duties

(1) General oversight of reform efforts

The Special Trustee shall oversee all reform

efforts within the Bureau, the Bureau of Land

Management, and the Minerals Management

Service relating to the trust responsibilities of

the Secretary to ensure the establishment of

policies, procedures, systems and practices to

allow the Secretary to discharge his trust responsibilities in compliance with this chapter.

(2) Bureau of Indian Affairs

(A) Monitor reconciliation of trust accounts

The Special Trustee shall monitor the reconciliation of tribal and Individual Indian

Money trust accounts to ensure that the Bureau provides the account holders, with a

fair and accurate accounting of all trust accounts.

(B) Investments

The Special Trustee shall ensure that the

Bureau establishes appropriate policies and

procedures, and develops necessary systems,

that will allow it—

(i) properly to account for and invest, as

well as maximize, in a manner consistent

with the statutory restrictions imposed on

the Secretary’s investment options, the return on the investment of all trust fund

monies, and

(ii) to prepare accurate and timely reports to account holders (and others, as required) on a periodic basis regarding all

collections, disbursements, investments,

and return on investments related to their

accounts.

(C) Ownership and lease data

The Special Trustee shall ensure that the

Bureau establishes policies and practices to

maintain complete, accurate, and timely

data regarding the ownership and lease of Indian lands.

(3) Bureau of Land Management

The Special Trustee shall ensure that the

Bureau of Land Management establishes policies and practices adequate to enforce compliance with Federal requirements for drilling,

production, accountability, environmental

protection, and safety with respect to the

lease of Indian lands.

(4) Minerals Management Service

The Special Trustee shall ensure that the

Minerals Management Service establishes

policies and practices to enforce compliance

by lessees of Indian lands with all requirements for timely and accurate reporting of

production and payment of lease royalties and

other revenues, including the audit of leases

to ensure that lessees are accurately reporting

production levels and calculating royalty payments.

(c) Coordination of policies

(1) In general

The Special Trustee shall ensure that—

(A) the policies, procedures, practices, and

systems of the Bureau, the Bureau of Land

Management, and the Minerals Management

Service related to the discharge of the Secretary’s trust responsibilities are coordinated, consistent, and integrated, and

(B) the Department prepares comprehensive and coordinated written policies and

procedures for each phase of the trust management business cycle.

(2) Standardized procedures

The Special Trustee shall ensure that the

Bureau imposes standardized trust fund accounting procedures throughout the Bureau.
Page 705 TITLE 25—INDIANS § 4043

(3) Integration of ledger with investment system

The Special Trustee shall ensure that the

trust fund investment, general ledger, and

subsidiary accounting systems of the Bureau

are integrated and that they are adequate to

support the trust fund investment needs of the

Bureau.

(4) Integration of land records, trust funds accounting, and asset management systems

among agencies

The Special Trustee shall ensure that—

(A) the land records system of the Bureau

interfaces with the trust fund accounting

system, and

(B) the asset management systems of the

Minerals Management Service and the Bureau of Land Management interface with the

appropriate asset management and accounting systems of the Bureau, including ensuring that—

(i) the Minerals Management Service establishes policies and procedures that will

allow it to properly collect, account for,

and disburse to the Bureau all royalties

and other revenues generated by production from leases on Indian lands; and

(ii) the Bureau of Land Management and

the Bureau provide Indian landholders

with accurate and timely reports on a periodic basis that cover all transactions related to leases of Indian resources.

(5) Trust Management program budget

(A) Development and submission

The Special Trustee shall develop for each

fiscal year, with the advice of program managers of each office within the Bureau of Indian Affairs, Bureau of Land Management

and Minerals Management Service that participates in trust management, including

the management of trust funds or natural

resources, or which is charged with any responsibility under the comprehensive strategic plan prepared under subsection (a) of this

section, a consolidated Trust Management

program budget proposal that would enable

the Secretary to efficiently and effectively

discharge his trust responsibilities and to

implement the comprehensive strategic

plan, and shall submit such budget proposal

to the Secretary, the Director of the Office

of Management and Budget, and to the Congress.

(B) Duty of certain program managers

Each program manager participating in

trust management or charged with responsibilities under the comprehensive strategic

plans shall transmit his office’s budget request to the Special Trustee at the same

time as such request is submitted to his superiors (and before submission to the Office

of Management and Budget) in the preparation of the budget of the President submitted to the Congress under section 1105(a) of

title 31.

(C) Certification of adequacy of budget request

The Special Trustee shall—

(i) review each budget request submitted

under subparagraph (B);

(ii) certify in writing as to the adequacy

of such request to discharge, effectively

and efficiently, the Secretary’s trust responsibilities and to implement the comprehensive strategic plan; and

(iii) notify the program manager of the

Special Trustee’s certification under

clause (ii).

(D) Maintenance of records

The Special Trustee shall maintain

records of certifications made under subparagraph (C).

(E) Limitation on reprogramming or transfer

No program manager shall submit, and no

official of the Department of the Interior

may approve or otherwise authorize, a reprogramming or transfer request with respect to any funds appropriated for trust

management which is included in the Trust

Management Program Budget unless such

request has been approved by the Special

Trustee.

(d) Problem resolution

The Special Trustee shall provide such guidance as necessary to assist Department personnel in identifying problems and options for resolving problems, and in implementing reforms

to Department, Bureau, Bureau of Land Management, and Minerals Management Service

policies, procedures, systems and practices.

(e) Special Trustee access

The Special Trustee, and his staff, shall have

access to all records, reports, audits, reviews,

documents, papers, recommendations, files and

other material, as well as to any officer and employee, of the Department and any office or bureau thereof, as the Special Trustee deems necessary for the accomplishment of his duties

under this chapter.

(f) Annual report

The Special Trustee shall report to the Secretary and the Committee on Natural Resources

of the House of Representatives and the Committee on Indian Affairs of the Senate each year

on the progress of the Department, the Bureau,

the Bureau of Land Management, and the Minerals Management Service in implementing the

reforms identified in the comprehensive strategic plan under subsection (a)(1) of this section

and in meeting the timetable established in the

strategic plan under subsection (a)(2)(C) of this

section.

(Pub. L. 103–412, title III, §303, Oct. 25, 1994, 108

Stat. 4245; Pub. L. 104–109, §6(a), Feb. 12, 1996, 110

Stat. 764.)

AMENDMENTS

1996—Subsec. (c)(5)(D). Pub. L. 104–109 substituted

‘‘subparagraph (C)’’ for ‘‘paragraph (3)(B)’’.

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.
§ 4044 TITLE 25—INDIANS Page 706

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4042 of this title.

§ 4044. Reconciliation report

The Secretary shall transmit to the Committee on Natural Resources of the House of Representatives and the Committee on Indian Affairs of the Senate, by May 31, 1996, a report

identifying for each tribal trust fund account for

which the Secretary is responsible a balance reconciled as of September 30, 1995. In carrying out

this section, the Secretary shall consult with

the Special Trustee. The report shall include—

(1) a description of the Secretary’s methodology in reconciling trust fund accounts;

(2) attestations by each account holder

that—

(A) the Secretary has provided the account

holder with as full and complete accounting

as possible of the account holder’s funds to

the earliest possible date, and that the account holder accepts the balance as reconciled by the Secretary; or

(B) the account holder disputes the balance of the account holder’s account as reconciled by the Secretary and statement explaining why the account holder disputes the

Secretary’s reconciled balance; and

(3) a statement by the Secretary with regard

to each account balance disputed by the account holder outlining efforts the Secretary

will undertake to resolve the dispute.

(Pub. L. 103–412, title III, §304, Oct. 25, 1994, 108

Stat. 4248.)

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.

§ 4045. Staff and consultants

(a) Staff

The Special Trustee may employ such staff as

the Special Trustee deems necessary. The Special Trustee may request staff assistance from

within the Department and any office or Bureau

thereof as the Special Trustee deems necessary.

(b) Contracts

To the extent and in such amounts as may be

provided in advance by appropriations Acts, the

Special Trustee may enter into contracts and

other arrangements with public agencies and

with private persons and organizations for consulting services and make such payments as

necessary to carry out the provisions of this

subchapter.

(Pub. L. 103–412, title III, §305, Oct. 25, 1994, 108

Stat. 4248.)

§ 4046. Advisory board

(a) Establishment and membership

Notwithstanding any other provision of law,

the Special Trustee shall establish an advisory

board to provide advice on all matters within

the jurisdiction of the Special Trustee. The advisory board shall consist of nine members, appointed by the Special Trustee after consultation with Indian tribes and appropriate Indian

organizations, of which—

(1) five members shall represent trust fund

account holders, including both tribal and Individual Indian Money accounts;

(2) two members shall have practical experience in trust fund and financial management;

(3) one member shall have practical experience in fiduciary investment management;

and

(4) one member, from academia, shall have

knowledge of general management of large organizations.

(b) Term

Each member shall serve a term of two years.

(c) FACA

The advisory board shall not be subject to the

Federal Advisory Committee Act.

(d) Termination

The advisory board shall terminate upon termination of the Office of Special Trustee.

(Pub. L. 103–412, title III, §306, Oct. 25, 1994, 108

Stat. 4249; Pub. L. 104–109, §6(b), Feb. 12, 1996, 110

Stat. 764.)

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in

subsec. (c), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as

amended, which is set out in the Appendix to Title 5,

Government Organization and Employees.

AMENDMENTS

1996—Subsec. (d). Pub. L. 104–109 substituted ‘‘advisory board’’ for ‘‘Advisory Board’’.

SUBCHAPTER IV—AUTHORIZATION OF

APPROPRIATIONS

§ 4061. Authorization of appropriations

There is authorized to be appropriated such

sums as may be necessary to carry out the provisions of this chapter.

(Pub. L. 103–412, title IV, §401, Oct. 25, 1994, 108

Stat. 4249.)

CHAPTER 43—NATIVE AMERICAN HOUSING

ASSISTANCE AND SELF-DETERMINATION

Sec.

4101. Congressional findings.

4102. Administration through Office of Native

American Programs.

4103. Definitions.

SUBCHAPTER I—BLOCK GRANTS AND GRANT

REQUIREMENTS

4111. Block grants.

(a) Authority.

(b) Plan requirement.

(c) Local cooperation agreement.

(d) Exemption from taxation.

(e) Effect of failure to exempt from taxation.

(f) Amount.

(g) Use for affordable housing activities

under plan.

(h) Administrative expenses.

(i) Public-private partnerships.

4112. Indian housing plans.

(a) Plan submission.

(b) 5-year plan.