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
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.
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.
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. 1164Pub. L. 98–451 · 98 Stat. 1729
Amended · 25 U.S.C. § 161a
Pub. L. 98–451 amended section generally
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.American Indian Trust Fund Management Reform Act of 1994
Pub. L. 103–412 title I § 103(a) · 108 Stat. 4239
Amended · 25 U.S.C. § 161a
Pub. L. 103–412 designated existing provisions as subsec. (a)
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
- 1929Feb. 12, 1929, ch. 178, § 1, 45 Stat. 1164
- 1930June 13, 1930, ch. 483, 46 Stat. 584
- 1984Pub. L. 98–451, , 98 Stat. 1729
- 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.)