§ 4042. — Office of Special Trustee for American Indians.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC4042]
TITLE 25--INDIANS
CHAPTER 42--AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM
SUBCHAPTER III--SPECIAL TRUSTEE FOR AMERICAN INDIANS
Sec. 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, Sec. 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.
