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Title 25 — Indians

Chapter 4 — Performance by United States of Obligations to Indians

§ 161a. Tribal funds in trust in Treasury Department; investment by Secretary of the Treasury; maturities; interest; funds held in trust for individual Indians

Statutory text

(a)

All funds held in trust by the United States and carried in principal accounts on the books of the United States Treasury to the credit of Indian tribes shall be invested by the Secretary of the Treasury, at the request of the Secretary of the Interior, in public debt securities with maturities suitable to the needs of the fund involved, as determined by the Secretary of the Interior, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities.

(b)

All funds held in trust by the United States and carried in principal accounts on the books of the United States Treasury to the credit of individual Indians shall be invested by the Secretary of the Treasury, at the request of the Secretary of the Interior, in public debt securities with maturities suitable to the needs of the fund involved, as determined by the Secretary of the Interior, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable securities.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 70–178 § 1 · 45 Stat. 287

    Enacted · 25 U.S.C. § 161a

    Feb. 12, 1929, ch. 178, § 1, 45 Stat. 1164

    Source evidence

    Code source credit
    Feb. 12, 1929, ch. 178, § 1, 45 Stat. 1164

  2. Pub. L. 98–451 · 98 Stat. 1729

    1. Amended · 25 U.S.C. § 161a

      Pub. L. 98–451 amended section generally

    2. Substituted · 25 U.S.C. § 161a

      Pub. L. 98–451 substituting provisions directing that all funds held in trust by the United States and carried in principal accounts on the books of the United States Treasury to the credit of Indian tribes be invested by the Secretary of the Treasury, at the request of the Secretary of the Interior, in public debt securities with maturities suitable to the needs of the fund involved, as determined by the Secretary of the Interior, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities for provisions which required that all funds with account balances exceeding $500 held in trust by the United States and carried in principal accounts on the books of the Treasury Department to the credit of Indian tribes, upon which interest was not otherwise authorized by law, bear simple interest at the rate of 4 per centum per annum

    Source evidence

    Code amendment note
    Pub. L. 98–451 amended section generally, substituting provisions directing that all funds held in trust by the United States and carried in principal accounts on the books of the United States Treasury to the credit of Indian tribes be invested by the Secretary of the Treasury, at the request of the Secretary of the Interior, in public debt securities with maturities suitable to the needs of the fund involved, as determined by the Secretary of the Interior, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities for provisions which required that all funds with account balances exceeding $500 held in trust by the United States and carried in principal accounts on the books of the Treasury Department to the credit of Indian tribes, upon which interest was not otherwise authorized by law, bear simple interest at the rate of 4 per centum per annum.

  3. American Indian Trust Fund Management Reform Act of 1994

    Pub. L. 103–412 title I § 103(a) · 108 Stat. 4239

    1. Amended · 25 U.S.C. § 161a

      Pub. L. 103–412 designated existing provisions as subsec. (a)

    2. Added · 25 U.S.C. § 161a

      Pub. L. 103–412 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 103–412 designated existing provisions as subsec. (a) and added subsec. (b).

    Enacted provision · exact public law section
    (a) Payment of Interest.— The first section of the Act of February 12, 1929 (25 U.S.C. 161a), is amended— (1) by striking out “That all” and inserting in lieu thereof “That (a) all”; and (2) by adding after subsection (a) (as designated by paragraph (1) of this subsection) the following: “(b) All funds held in trust by the United States and carried in principal accounts on the books of the United States Treasury to the credit of individual Indians shall be invested by the Secretary of the Treasury, at the request of the Secretary of the Interior, in public debt securities with maturities suitable to the needs of the fund involved, as determined by the Secretary of the Interior, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of com-parable securities.”.

    Effective date note
    Pub. L. 103–412, title I, § 103(d), Oct. 25, 1994, 108 Stat. 4241, provided that: “The amendment made by subsection (a) [amending this section] shall apply to interest earned on amounts deposited or invested on or after the date of the enactment of this Act [Oct. 25, 1994].”

2 of 5 references resolved to an enrolled provision · 3 partial

Editorial Notes

Amendments1930–1994 · 3 rounds

1994

Pub. L. 103–412 designated existing provisions as subsec. (a) and added subsec. (b).

1984

Pub. L. 98–451 amended section generally, substituting provisions directing that all funds held in trust by the United States and carried in principal accounts on the books of the United States Treasury to the credit of Indian tribes be invested by the Secretary of the Treasury, at the request of the Secretary of the Interior, in public debt securities with maturities suitable to the needs of the fund involved, as determined by the Secretary of the Interior, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities for provisions which required that all funds with account balances exceeding $500 held in trust by the United States and carried in principal accounts on the books of the Treasury Department to the credit of Indian tribes, upon which interest was not otherwise authorized by law, bear simple interest at the rate of 4 per centum per annum.

1930

Act , amended section generally.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Pub. L. 103–412, title I, § 103(d), , 108 Stat. 4241, provided that: “The amendment made by subsection (a) [amending this section] shall apply to interest earned on amounts deposited or invested on or after the date of the enactment of this Act [].”

Executive Documents

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury, with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. , 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees.

Credits

1929–1994 · 4 acts
  1. 1929Feb. 12, 1929, ch. 178, § 1, 45 Stat. 1164
  2. 1930June 13, 1930, ch. 483, 46 Stat. 584
  3. 1984Pub. L. 98–451, , 98 Stat. 1729
  4. 1994Pub. L. 103–412, title I, § 103(a), , 108 Stat. 4241.
Show as published

(Feb. 12, 1929, ch. 178, § 1, 45 Stat. 1164; June 13, 1930, ch. 483, 46 Stat. 584; Pub. L. 98–451, , 98 Stat. 1729; Pub. L. 103–412, title I, § 103(a), , 108 Stat. 4241.)

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