25 USC 5613 - Indian trust asset management plan

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

§ 5613.

Indian trust asset management plan

(a)

Proposed plan

(1)

Submission

(2)

Contents

A proposed Indian trust asset management plan shall include provisions that—

(A)

identify the trust assets that will be subject to the plan;

(B)

establish trust asset management objectives and priorities for Indian trust assets that are located within the reservation, or otherwise subject to the jurisdiction, of the Indian tribe;

(C)

allocate trust asset management funding that is available for the Indian trust assets subject to the plan in order to meet the trust asset management objectives and priorities;

(D)

if the Indian tribe has contracted or compacted functions or activities under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) 1

 See References in Text note below.

relating to the management of trust assets—

(i)

identify the functions or activities that are being or will be performed by the Indian tribe under the contracts, compacts, or other agreements under that Act, which may include any of the surface leasing or forest land management activities authorized by the proposed plan pursuant to section 5614(b) of this title; and

(ii)

describe the practices and procedures that the Indian tribe will follow;

(E)

establish procedures for nonbinding mediation or resolution of any dispute between the Indian tribe and the United States relating to the trust asset management plan;

(F)

include a process for the Indian tribe and the Federal agencies affected by the trust asset management plan to conduct evaluations to ensure that trust assets are being managed in accordance with the plan; and

(G)

identify any Federal regulations that will be superseded by the plan.

(3)

Technical assistance and information

(b)

Approval and disapproval of proposed plans

(1)

Approval

(A)

In general

(B)

Requirements for disapproval

The Secretary shall approve a proposed plan unless the Secretary determines that—

(i)

the proposed plan fails to address a requirement under subsection (a)(2);

(ii)

the proposed plan includes 1 or more provisions that are inconsistent with subsection (c); or

(iii)

the cost of implementing the proposed plan exceeds the amount of funding available for the management of trust assets that would be subject to the proposed plan.

(2)

Action on disapproval

(A)

Notice

(B)

Action by tribes

(3)

Failure to approve or disapprove

(4)

Judicial review

An Indian tribe may seek judicial review of a determination of the Secretary under this subsection in accordance with subchapter II of chapter 5, and chapter 7, of title 5, (commonly known as the “Administrative Procedure Act”), if—

(A)

the Secretary disapproves the proposed plan of the Indian tribe under paragraph (1); and

(B)

the Indian tribe has exhausted all other administrative remedies available to the Indian tribe.

(c)

Applicable laws

(d)

Termination of plan

(1)

In general

An Indian tribe may terminate an Indian trust asset management plan on any date after the date on which a proposed Indian trust asset management plan is approved by providing to the Secretary—

(A)

a notice of the intent of the Indian tribe to terminate the plan; and

(B)

a resolution of the governing body of the Indian tribe authorizing the termination of the plan.

(2)

Effective date

(Pub. L. 114–178, title II, § 204, June 22, 2016, 130 Stat. 434.)

cite as: 25 USC 5613