Page 701 TITLE 25—INDIANS § 4012

Sec.

(b) Use of funds.

4026. Return of withdrawn funds.

4027. Savings provision.

4028. Report to Congress.

4029. Regulations.

(a) In general.

(b) Effect.

SUBCHAPTER III—SPECIAL TRUSTEE FOR

AMERICAN INDIANS

4041. Purposes.

4042. Office of Special Trustee for American Indians.

(a) Establishment.

(b) Special Trustee.

(c) Termination of Office.

4043. Authorities and functions of Special Trustee.

(a) Comprehensive strategic plan.

(b) Duties.

(c) Coordination of policies.

(d) Problem resolution.

(e) Special Trustee access.

(f) Annual report.

4044. Reconciliation report.

4045. Staff and consultants.

(a) Staff.

(b) Contracts.

4046. Advisory board.

(a) Establishment and membership.

(b) Term.

(c) FACA.

(d) Termination.

SUBCHAPTER IV—AUTHORIZATION OF

APPROPRIATIONS

4061. Authorization of appropriations.

§ 4001. Definitions

For the purposes of this chapter:

(1) The term ‘‘Special Trustee’’ means the

Special Trustee for American Indians appointed under section 4042 of this title.

(2) The term ‘‘Indian tribe’’ means any Indian tribe, band, nation, or other organized

group or community, including any Alaska

Native village or regional or village corporation as defined in or established pursuant to

the Alaska Native Claims Settlement Act (85

Stat. 688) [43 U.S.C. 1601 et seq.], which is recognized as eligible for the special programs

and services provided by the United States to

Indians because of their status as Indians.

(3) The term ‘‘Secretary’’ means the Secretary of the Interior.

(4) The term ‘‘Office’’ means the Office of

Special Trustee for American Indians established by section 4042 of this title.

(5) The term ‘‘Bureau’’ means the Bureau of

Indian Affairs within the Department of the

Interior.

(6) The term ‘‘Department’’ means the Department of the Interior.

(Pub. L. 103–412, §2, Oct. 25, 1994, 108 Stat. 4239.)

REFERENCES IN TEXT

This chapter, referred to in text, was in the original

‘‘this Act’’, meaning Pub. L. 103–412, Oct. 25, 1994, 108

Stat. 4239, which is classified principally to this chapter. For complete classification of this Act to the Code,

see Short Title note below and Tables.

The Alaska Native Claims Settlement Act, referred

to in par. (2), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688,

as amended, which is classified generally to chapter 33

(§1601 et seq.) of Title 43, Public Lands. For complete

classification of this Act to the Code, see Short Title

note set out under section 1601 of Title 43 and Tables.

SHORT TITLE

Section 1(a) of Pub. L. 103–412 provided that: ‘‘This

Act [enacting this chapter, amending sections 161a and

162a of this title, and enacting provisions set out as a

note under section 161a of this title] may be cited as

the ‘American Indian Trust Fund Management Reform

Act of 1994’.’’

SUBCHAPTER I—RECOGNITION OF TRUST

RESPONSIBILITY

§ 4011. Responsibility of Secretary to account for

daily and annual balances of Indian trust

funds

(a) Requirement to account

The Secretary shall account for the daily and

annual balance of all funds held in trust by the

United States for the benefit of an Indian tribe

or an individual Indian which are deposited or

invested pursuant to section 162a of this title.

(b) Periodic statement of performance

Not later than 20 business days after the close

of a calendar quarter, the Secretary shall provide a statement of performance to each Indian

tribe and individual with respect to whom funds

are deposited or invested pursuant to section

162a of this title. The statement, for the period

concerned, shall identify—

(1) the source, type, and status of the funds;

(2) the beginning balance;

(3) the gains and losses;

(4) receipts and disbursements; and

(5) the ending balance.

(c) Annual audit

The Secretary shall cause to be conducted an

annual audit on a fiscal year basis of all funds

held in trust by the United States for the benefit

of an Indian tribe or an individual Indian which

are deposited or invested pursuant to section

162a of this title, and shall include a letter relating to the audit in the first statement of performance provided under subsection (b) of this

section after the completion of the audit.

(Pub. L. 103–412, title I, §102, Oct. 25, 1994, 108

Stat. 4240.)

§ 4012. Authority for payment of claims for interest owed

The Secretary shall make payments to an individual Indian in full satisfaction of any claim

of such individual for interest on amounts deposited or invested on behalf of such individual

before October 25, 1994, retroactive to the date

that the Secretary began investing individual

Indian monies on a regular basis, to the extent

that the claim is identified—

(1) by a reconciliation process of individual

Indian money accounts, or

(2) by the individual and presented to the

Secretary with supporting documentation, and

is verified by the Secretary pursuant to the

Department’s policy for addressing accountholder losses.

(Pub. L. 103–412, title I, §104, Oct. 25, 1994, 108

Stat. 4241.)