25 USC 4043 - Authorities and functions of Special Trustee

U.S Code last checked for updates: Nov 22, 2024

§ 4043.

Authorities and functions of Special Trustee

(a)

Comprehensive strategic plan

(1)

In general

(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

(2)

Bureau of Indian Affairs

(A)

Monitor reconciliation of 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

(3)

Bureau of Land Management

(4)

Minerals Management Service

(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

(3)

Integration of ledger with investment system

(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

(B)

Duty of certain program managers

(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

(E)

Limitation on reprogramming or transfer

(d)

Problem resolution

(e)

Special Trustee access

(f)

Annual report

(Pub. L. 103–412, title III, § 303, Oct. 25, 1994, 108 Stat. 4245; Pub. L. 104–109, § 6(a), Feb. 12, 1996, 110 Stat. 764.)

cite as: 25 USC 4043