25 U.S.C. § 5615 — Effect of subchapter
submitted 10 years ago by Pub. L. 114-178 to r/title-25-INDIANS · 369 words · no verdicts yet
An approved plan does not by itself change liability for losses from managing trust assets. The section preserves other laws and the United States’ trust responsibility.
(a) Subject to sections 5614 and this section, this subchapter and an approved plan do not independently change United States or participating-tribe liability for losses from managing trust assets under the plan. (b) The United States is not liable for a plan term or resulting loss when the plan uses a less strict standard than the Secretary* would otherwise require. (c) This rule applies even after termination or rescission of the plan. (d) Except as sections 5613 and 5614 and subsection (e) provide, this subchapter does not change applicable treaties, statutes, regulations, or Executive orders. It does not limit tribal contracts, compacts, or agreements under the Indian Self-Determination and Education Assistance Act. (e) A tribe may separately submit forest-management regulations for review if it does not submit or intend to submit a plan. (f) Nothing changes the United States’ trust responsibility to tribes or individual Indians.
Subject to section 5614 of this title and this section, nothing in this subchapter or an Indian trust asset management plan approved under section 5613 of this title shall independently diminish, increase, create, or otherwise affect the liability of the United States or an Indian tribe* participating in the project* for any loss resulting from the management of an Indian trust asset under an Indian trust asset management plan.
The United States shall not be liable to any party (including any Indian tribe) for any term of, or any loss resulting from the terms of, an Indian trust asset management plan that provides for management of a trust asset at a less-stringent standard than the Secretary* would otherwise require or adhere to in absence of an Indian trust asset management plan.
Subsection (b) applies to losses resulting from a transaction or activity described in that subsection even if the Indian trust asset management plan is terminated under section 5613(d) of this title or rescinded under section 5614(h) of this title.
Except as provided in sections 5613 and 5614 of this title and subsection (e), nothing in this subchapter amends or otherwise affects the application of any treaty, statute, regulation, or Executive order that is applicable to Indian trust assets or the management or administration of Indian trust assets.
Nothing in this subchapter limits or otherwise affects the authority of an Indian tribe, including an Indian tribe participating in the project, to enter into and carry out a contract, compact, or other agreement under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) 1 (including regulations).
An Indian tribe may submit to the Secretary tribal regulations described in section 5614(b) of this title governing forest land management activities for review and approval under this subchapter if the Indian tribe does not submit or intend to submit an Indian trust asset management plan.
Nothing in this subchapter enhances, diminishes, or otherwise affects the trust responsibility of the United States to Indian tribes or individual Indians.
Source credit: (Pub. L. 114–178, title II, § 206, June 22, 2016, 130 Stat. 439.)
- 2016Enacted · Pub. L. 114-178 · 130 Stat. 439
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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