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25 U.S.C. § 5634Office of Special Trustee for American Indians

submitted 10 years ago by Pub. L. 114-178 to r/title-25-INDIANS · 328 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires a transition plan for the Office of the Special Trustee and addresses fiduciary trust officers. It says the section does not itself terminate the Office.

(a) Information to Congress. Despite sections 4042 and 4043 of this title, no later than 1 year after June 22, 2016, the Secretary must, after consulting Indian tribes and appropriate Indian organizations, prepare and submit to the listed House and Senate committees: (1) an identification of all Office of the Special Trustee functions, other than collecting, managing, and investing Indian trust funds, that the Office performs alone or with BIA or other Federal agencies, especially functions affecting or relating to nonmoney trust resources; (2) a description of functions that will move to other Department bureaus or agencies before the Office ends, with timeframes; and (3) a plan and schedule for ending the Office no later than 2 years after submission. If the Secretary decides an orderly transition cannot be completed within 2 years, the plan must include (A) all reasons it cannot, and (B) another completion date. (b) Fiduciary trust officers. Subject to applicable law and regulations, at an Indian tribe’s or group of tribes’ request, the Secretary must include fiduciary trust officers in a contract, compact, or other agreement under the Indian Self-Determination and Education Assistance Act. (c) Effect. This section and its required submission (1) do not themselves end the Office of the Special Trustee and (2) do not change how sections 4042 and 4043 of this title apply.
the actual law source: uscode.house.gov ↗public domain
(a) Information to Congress

Notwithstanding sections 4042 and 4043 of this title, not later than 1 year after June 22, 2016, the Secretary shall prepare and, after consultation with Indian tribes and appropriate Indian organizations, submit to the Committee on Natural Resources of the House of Representatives, the Committee on Indian Affairs of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate—

(1)

an identification of all functions, other than the collection, management, and investment of Indian trust funds, that the Office of the Special Trustee performs independently or in concert with the BIA or other Federal agencies, specifically those functions that affect or relate to management of nonmonetary trust resources;

(2)

a description of any functions of the Office of the Special Trustee that will be transitioned to other bureaus or agencies within the Department prior to the termination date of the Office, as described in paragraph (3), together with the timeframes for those transfers; and

(3)

a transition plan and timetable for the termination of the Office of the Special Trustee, to occur not later than 2 years after the date of submission, unless the Secretary determines than an orderly transition cannot be accomplished within 2 years, in which case the Secretary shall include—

(A)

a statement of all reasons why the transition cannot be effected within that time; and

(B)

an alternative date for completing the transition.

(b) Fiduciary trust officers

Subject to applicable law and regulations, the Secretary, at the request of an Indian tribe or a consortium of Indian tribes, shall include fiduciary trust officers in a contract, compact, or other agreement under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).1

(c) Effect of section

Nothing in this section or the submission required by this section—

(1)

shall cause the Office of the Special Trustee to terminate; or

(2)

affect the application of sections 4042 and 4043 of this title.

Source credit: (Pub. L. 114–178, title III, § 304, June 22, 2016, 130 Stat. 441.)

history & why it existsrecord from the source credit
  • 2016Enacted · Pub. L. 114-178 · 130 Stat. 441

A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-178 on 2016-06-22.

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