dreamproit/uscode huggingface dataset:
25 U.S.C. § 4021 (INDIANS)
§ 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.)
25 U.S.C. § 4022 (INDIANS)
§ 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Beginning on the date funds are withdrawn pursuant to this section, any trust responsibility or liability of the United States with respect to such funds shall cease except as provided for in section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.)
25 U.S.C. § 4023 (INDIANS)
§ 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.)
heading: References in Text
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.
25 U.S.C. § 4024 (INDIANS)
§ 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.)
25 U.S.C. § 4025 (INDIANS)
§ 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.)
25 U.S.C. § 4026 (INDIANS)
§ 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.)
25 U.S.C. § 4027 (INDIANS)
§ 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.)
25 U.S.C. § 4028 (INDIANS)
§ 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.)
25 U.S.C. § 4029 (INDIANS)
§ 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.)
25 U.S.C. § 4041 (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.)
heading: Transfer of Functions
text: The Minerals Management Service was abolished and functions divided among the Office of Natural Resources Revenue, the Bureau of Ocean Energy Management, and the Bureau of Safety and Environmental Enforcement. See Secretary of the Interior Orders No. 3299 of May 19, 2010, and No. 3302 of June 18, 2010, and chapters II, V, and XII of title 30, Code of Federal Regulations, as revised by final rules of the Department of the Interior at 75 F.R. 61051 and 76 F.R. 64432.
25 U.S.C. § 4042 (INDIANS)
§ 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 continuation 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.)
25 U.S.C. § 4044 (INDIANS)
§ 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.)
heading: Settlement of Tribal Claims
text: Pub. L. 107–153, § 1, Mar. 19, 2002, 116 Stat. 79, as amended by Pub. L. 109–158, § 1, Dec. 30, 2005, 119 Stat. 2954, provided that:
“(a) In General.—
Notwithstanding any other provision of law, for purposes of determining the date on which an Indian tribe received a reconciliation report for purposes of applying a statute of limitations, any such report provided to or received by an Indian tribe in response to section 304 of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4044) shall be deemed to have been received by the Indian tribe on December 31, 2000.
“(b) Statement of Purpose.—
Subsection (a) is solely intended to provide recipients of reconciliation reports with the opportunity to postpone the filing of claims, or to facilitate the voluntary dismissal of claims, to encourage settlement negotiations with the United States.”
25 U.S.C. § 4045 (INDIANS)
§ 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.)
25 U.S.C. § 4046 (INDIANS)
§ 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.)
heading: References in Text
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.
heading: Amendments
text: 1996—Subsec. (d). Pub. L. 104–109 substituted “advisory board” for “Advisory Board”.
heading: Appointment of New Members
text: Pub. L. 108–7, div. F, title I, § 133, Feb. 20, 2003, 117 Stat. 243, provided that: “Within 90 days of enactment of this Act [Feb. 20, 2003] the Special Trustee for American Indians, in consultation with the Secretary of the Interior and the Tribes, shall appoint new members to the Special Trustee Advisory Board.”
25 U.S.C. § 4102 (INDIANS)
§ 4102. Administration through Office of Native American Programs
The Secretary of Housing and Urban Development shall carry out this chapter through the Office of Native American Programs of the Department of Housing and Urban Development.
(Pub. L. 104–330, § 3, Oct. 26, 1996, 110 Stat. 4018.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, known as the Native American Housing Assistance and Self-Determination Act of 1996. For complete classification of this Act to the Code, see Short Title note set out under section 4101 of this title and Tables.
heading: Effective Date
text: Section effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set out as a note under section 4101 of this title.
25 U.S.C. § 4104 (INDIANS)
§ 4104. Waiver of matching funds requirements in Indian housing programs
(a) Authorization of waiver
For any housing program that provides assistance through any Indian housing authority, the Secretary of Housing and Urban Development may provide assistance under such program in any fiscal year notwithstanding any other provision of law that requires the Indian housing authority to provide amounts to match or supplement the amounts provided under such program, if the Indian housing authority has not received amounts for such fiscal year under title I of the Housing and Community Development Act of 1974 [42 U.S.C. 5301 et seq.].
(b) Extent of waiver
The authority under subsection (a) of this section to provide assistance notwithstanding requirements regarding matching or supplemental amounts shall be effective only to the extent provided by the Secretary, which shall not extend beyond the fiscal year in which the waiver is made or beyond the receipt of any amounts by an Indian housing authority under title I of the Housing and Community Development Act of 1974 [42 U.S.C. 5301 et seq.].
(c) Definition of housing program
For purposes of this section, the term “housing program” means a program under the administration of the Secretary of Housing and Urban Development or the Secretary of Agriculture (through the Administrator of the Farmers Home Administration) that provides assistance in the form of contracts, grants, loans, cooperative agreements, or any other form of assistance (including the insurance or guarantee of a loan, mortgage, or pool of mortgages) for housing.
(Pub. L. 101–625, title IX, § 959, Nov. 28, 1990, 104 Stat. 4423.)
heading: References in Text
text: The Housing and Community Development Act of 1974, referred to in subsecs. (a) and (b), is Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633, as amended. Title I of the Act is classified principally to chapter 69 (§ 5301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 42 and Tables.
heading: Codification
text: Section was enacted as part of the Cranston-Gonzalez National Affordable Housing Act, and not as part of the Native American Housing Assistance and Self-Determination Act of 1996 which comprises this chapter.
Section was formerly classified to section 1437ff of Title 42, The Public Health and Welfare.
25 U.S.C. § 4117 (INDIANS)
§ 4117. Authorization of appropriations
There are authorized to be appropriated for grants under this subchapter such sums as may be necessary for each of fiscal years 2009 through 2013. This section shall take effect on October 26, 1996.
(Pub. L. 104–330, title I, § 108, Oct. 26, 1996, 110 Stat. 4030; Pub. L. 107–292, § 2(a), Nov. 13, 2002, 116 Stat. 2053; Pub. L. 110–411, title VII, § 701(a), Oct. 14, 2008, 122 Stat. 4334.)
heading: Amendments
text: 2008—Pub. L. 110–411 substituted “2009 through 2013” for “1998 through 2007”.
2002—Pub. L. 107–292 substituted “1998 through 2007” for “1998, 1999, 2000, and 2001”.
25 U.S.C. § 4134 (INDIANS)
§ 4134. Types of investments
(a) In general
Subject to section 4133 of this title and the Indian housing plan for an Indian tribe, the recipient for that tribe shall have—
(1) the discretion to use grant amounts for affordable housing activities through equity investments, interest-bearing loans or advances, noninterest-bearing loans or advances, interest subsidies, leveraging of private investments, or any other form of assistance that the Secretary has determined to be consistent with the purposes of this chapter; and
(2) the right to establish the terms of assistance.
(b) Investments
A recipient may invest grant amounts for the purposes of carrying out affordable housing activities in investment securities and other obligations as approved by the Secretary.
(Pub. L. 104–330, title II, § 204, Oct. 26, 1996, 110 Stat. 4033.)
heading: References in Text
text: This chapter, referred to in subsec. (a)(1), was in the original “this Act”, meaning Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, known as the Native American Housing Assistance and Self-Determination Act of 1996. For complete classification of this Act to the Code, see Short Title note set out under section 4101 of this title and Tables.
heading: Effective Date
text: Section effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set out as a note under section 4101 of this title.
25 U.S.C. § 4136 (INDIANS)
§ 4136. Repealed. Pub. L. 106–568, title X, § 1003(k)(2), Dec. 27, 2000, 114 Stat. 2930; Pub. L. 106–569, title V, § 503(j)(2), Dec. 27, 2000, 114 Stat. 2966
text: Section, Pub. L. 104–330, title II, § 206, Oct. 26, 1996, 110 Stat. 4034; Pub. L. 105–276, title V, § 595(a), Oct. 21, 1998, 112 Stat. 2656, related to certification of compliance with subsidy layering requirements.
25 U.S.C. § 4138 (INDIANS)
§ 4138. Availability of records
(a) Provision of information
Notwithstanding any other provision of law, except as provided in subsection (b) of this section, the National Crime Information Center, police departments, and other law enforcement agencies shall, upon request, provide information to Indian tribes or tribally designated housing entities regarding the criminal conviction records of applicants for employment, and of adult applicants for, or tenants of, housing assisted with grant amounts provided to such tribe or entity under this chapter for purposes of applicant screening, lease enforcement, and eviction.
(b) Exception
A law enforcement agency described in subsection (a) of this section shall provide information under this paragraph relating to any criminal conviction of a juvenile only to the extent that the release of such information is authorized under the law of the applicable State, tribe, or locality.
(c) Confidentiality
An Indian tribe or tribally designated housing entity receiving information under this section may use such information only for the purposes provided in this section and such information may not be disclosed to any person who is not an officer, employee, or authorized representative of the tribe or entity or the owner of housing assisted under this chapter, and who has a job-related need to have access to the information for the purposes under this section. For judicial eviction proceedings, disclosures may be made to the extent necessary. The Secretary shall, by regulation, establish procedures necessary to ensure that information provided under this section to any tribe or entity is used, and confidentiality is maintained, as required under this section.
(Pub. L. 104–330, title II, § 208, Oct. 26, 1996, 110 Stat. 4035; Pub. L. 105–276, title V, § 595(e)(10), Oct. 21, 1998, 112 Stat. 2658; Pub. L. 110–411, title II, § 205, Oct. 14, 2008, 122 Stat. 4326.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (c), was in the original “this Act”, meaning Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, known as the Native American Housing Assistance and Self-Determination Act of 1996. For complete classification of this Act to the Code, see Short Title note set out under section 4101 of this title and Tables.
heading: Amendments
text: 2008—Subsec. (a). Pub. L. 110–411 inserted “applicants for employment, and of” after “records of”.
1998—Subsec. (a). Pub. L. 105–276, § 595(e)(10)(A), substituted “subsection (b) of this section” for “paragraph (2)”.
Subsec. (b). Pub. L. 105–276, § 595(e)(10)(B), substituted “subsection (a) of this section” for “paragraph (1)”.
heading: Effective Date
text: Section effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set out as a note under section 4101 of this title.