§ 4043. — Authorities and functions of Special Trustee.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC4043]
TITLE 25--INDIANS
CHAPTER 42--AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM
SUBCHAPTER III--SPECIAL TRUSTEE FOR AMERICAN INDIANS
Sec. 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.
(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, Sec. 303, Oct. 25, 1994, 108 Stat. 4245;
Pub. L. 104-109, Sec. 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.
Lands Title Report Commission
Pub. L. 106-569, title V, Sec. 501, Dec. 27, 2000, 114 Stat. 2959,
provided that:
``(a) Establishment.--Subject to sums being provided in advance in
appropriations Acts, there is established a Commission to be known as
the Lands Title Report Commission (hereafter in this section referred to
as the `Commission') to facilitate home loan mortgages on Indian trust
lands. The Commission will be subject to oversight by the Committee on
Banking and Financial Services [now Committee on Financial Services] of
the House of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate.
``(b) Membership.--
``(1) Appointment.--The Commission shall be composed of 12
members, appointed not later than 90 days after the date of the
enactment of this Act [Dec. 27, 2000] as follows:
``(A) Four members shall be appointed by the President.
``(B) Four members shall be appointed by the Chairperson of
the Committee on Banking and Financial Services [now Committee
on Financial Services] of the House of Representatives.
``(C) Four members shall be appointed by the Chairperson of
the Committee on Banking, Housing, and Urban Affairs of the
Senate.
``(2) Qualifications.--
``(A) Members of tribes.--At all times, not less than eight
of the members of the Commission shall be members of federally
recognized Indian tribes.
``(B) Experience in land title matters.--All members of the
Commission shall have experience in and knowledge of land title
matters relating to Indian trust lands.
``(3) Chairperson.--The Chairperson of the Commission shall be
one of the members of the Commission appointed under paragraph
(1)(C), as elected by the members of the Commission.
``(4) Vacancies.--Any vacancy on the Commission shall not affect
its powers, but shall be filled in the manner in which the original
appointment was made.
``(5) Travel expenses.--Members of the Commission shall serve
without pay, but each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States Code.
``(c) Initial Meeting.--The Chairperson of the Commission shall call
the initial meeting of the Commission. Such meeting shall be held within
30 days after the Chairperson of the Commission determines that sums
sufficient for the Commission to carry out its duties under this Act
[probably should be ``section''] have been appropriated for such
purpose.
``(d) Duties.--The Commission shall analyze the system of the Bureau
of Indian Affairs of the Department of the Interior for maintaining land
ownership records and title documents and issuing certified title status
reports relating to Indian trust lands and, pursuant to such analysis,
determine how best to improve or replace the system--
``(1) to ensure prompt and accurate responses to requests for
title status reports;
``(2) to eliminate any backlog of requests for title status
reports; and
``(3) to ensure that the administration of the system will not
in any way impair or restrict the ability of Native Americans to
obtain conventional loans for purchase of residences located on
Indian trust lands, including any actions necessary to ensure that
the system will promptly be able to meet future demands for
certified title status reports, taking into account the anticipated
complexity and volume of such requests.
``(e) Report.--Not later than the date of the termination of the
Commission under subsection (h), the Commission shall submit a report to
the Committee on Banking and Financial Services [now Committee on
Financial Services] of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate describing the
analysis and determinations made pursuant to subsection (d).
``(f) Powers.--
``(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this section, hold hearings, sit and act at
times and places, take testimony, and receive evidence as the
Commission considers appropriate.
``(2) Staff of federal agencies.--Upon request of the
Commission, the head of any Federal department or agency may detail,
on a reimbursable basis, any of the personnel of that department or
agency to the Commission to assist it in carrying out its duties
under this section.
``(3) Obtaining official data.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this section. Upon
request of the Chairperson of the Commission, the head of that
department or agency shall furnish that information to the
Commission.
``(4) Mails.--The Commission may use the United States mails in
the same manner and under the same conditions as other departments
and agencies of the United States.
``(5) Administrative support services.--Upon the request of the
Commission, the Administrator of General Services shall provide to
the Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its duties under
this section.
``(6) Staff.--The Commission may appoint personnel as it
considers appropriate, subject to the provisions of title 5, United
States Code, governing appointments in the competitive service, and
shall pay such personnel in accordance with the provisions of
chapter 51 and subchapter III of chapter 53 of that title relating
to classification and General Schedule pay rates.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary,
and any amounts appropriated pursuant to this subsection shall remain
available until expended.
``(h) Termination.--The Commission shall terminate 1 year after the
date of the initial meeting of the Commission.''
Substantially identical provisions were contained in Pub. L. 106-
568, title X, Sec. 1001, Dec. 27, 2000, 114 Stat. 2923.
Section Referred to in Other Sections
This section is referred to in section 4042 of this title.
