Title 25 — Indians
Chapter 42 — American Indian Trust Fund Management Reform
§ 4022. Voluntary withdrawal from trust funds program
Statutory text
In general
An Indian tribe may, in accordance with this section, submit a plan to withdraw some or all funds held in trust for such tribe by the United States and managed by the Secretary through the Bureau.
Approval of plan
The Secretary shall approve such plan within 90 days of receipt and when approving the plan, the Secretary shall obtain the advice of the Special Trustee or prior to the appointment of such Special Trustee, the Director of the Office of Trust Fund Management within the Bureau. Such plan shall meet the following conditions:
Such plan has been approved by the appropriate Indian tribe and is accompanied by a resolution from the tribal governing body approving the plan.
The Secretary determines such plan to be reasonable after considering all appropriate factors, including (but not limited to) the following:
The capability and experience of the individuals or institutions that will be managing the trust funds.
The protection against substantial loss of principal.
Dissolution of trust responsibility
Beginning on the date funds are withdrawn pursuant to this section, any trust responsibility or liability of the United States with respect to such funds shall cease except as provided for in section 4027 of this title.
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.
American Indian Trust Fund Management Reform Act of 1994
Pub. L. 103–412 title II § 202 · 108 Stat. 4239
Enacted · 25 U.S.C. § 4022
(Pub. L. 103–412, title II, § 202, Oct. 25, 1994, 108 Stat. 4242.)
Source evidence
Code source credit
(Pub. L. 103–412, title II, § 202, Oct. 25, 1994, 108 Stat. 4242.)Enacted provision · exact public law section
SEC. 202. VOLUNTARY WITHDRAWAL FROM TRUST FUNDS PROGRAM. (a) In General.— An Indian tribe may, in accordance with this section, submit a plan to withdraw some or all funds held in trust for such tribe by the United States and managed by the Secretary through the Bureau. (b) Approval of Plan.— The Secretary shall approve such plan within 90 days of receipt and when approving the plan, the Secretary shall obtain the advice of the Special Trustee or prior to the appointment of such Special Trustee, the Director of the Office of Trust Fund Management within the Bureau. Such plan shall meet the following conditions: (1) Such plan has been approved by the appropriate Indian tribe and is accompanied by a resolution from the tribal governing body approving the plan. (2) The Secretary determines such plan to be reasonable after considering all appropriate factors, including (but not limited to) the following: (A) The capability and experience of the individuals or institutions that will be managing the trust funds. (B) The protection against substantial loss of principal. (c) Dissolution of Trust Responsibility— Beginning on the date funds are withdrawn pursuant to this section, any trust responsibility or liability of the United States with respect to such funds shall cease except as provided for in section 207 of this title.
1 of 1 references resolved to an enrolled provision