U.S. Code » Title 25 » Chapter CHAPTER 4— PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS › Subchapter SUBCHAPTER III— DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

25 U.S.C. § 161

Deposit in Treasury of trust funds

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The Secretary of the Interior is authorized to deposit, in the Treasury of the United States, any and all sums held by him on April 1, 1880, or which may be received by him, as Secretary of the Interior and trustee of various Indian tribes, on account of the redemption of United States bonds, or other stocks and securities belonging to the Indian trust fund, and all sums received on account of sales of Indian trust lands, and the sales of stocks lately purchased for temporary investment, whenever he is of the opinion that the best interests of the Indians will be promoted by such deposits, in lieu of investments; and the United States shall pay interest semiannually, from the date of deposit of any and all such sums in the United States Treasury, at the rate per annum stipulated by treaties or prescribed by law, and such payments shall be made in the usual manner, as each may become due, without further appropriation by Congress.

Notes of Decisions
Cited in 21 cases (2 in the last 5 years), 1966–2024 · leading case: Chippewa Cree Tribe of the Rocky Boy's Reservation v. United States, 69 Fed. Cl. 639 (Fed. Cl. 2006).
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Chippewa Cree Tribe of the Rocky Boy's Reservation v. United States, 69 Fed. Cl. 639 (Fed. Cl. 2006). · cites it 12× “Plaintiffs claim that the government breached its trust obligations under the general investment statutes applied to trust funds, including 25 U.S.C. §§ 161 , 161a and 162a, and that damages suffered due to the alleged breaches of fiduciary duties were compensable.”
United States v. Jicarilla Apache Nation, 131 S. Ct. 2313 (2011). · cites it 2× “The Tribe filed a breach-of-trust action in the Court of Federal Claims (CFC), seeking monetary damages for the Government’s alleged mismanagement of the Tribe’s trust funds in violation of 25 U. S. C. §§161–162a and other laws. During discovery, the Tribe moved to compel…”
Jicarilla Apache Nation, Formerly Jicarilla Apache Tribe v. United States, 112 Fed. Cl. 274 (Fed. Cl. 2013). · cites it 4× “investments”), and, to a lesser extent, the American Indian Trust Fund Management Reform Act of 1994, 25 U.”
Coast Indian Cmty. v. United States, 213 Ct. Cl. 129 (Ct. Cl. 1977). · cites it 2× “Relative to a statutory exception, since 1929 25 U.S.C. §§161 and 161a (1970) have prescribed payment of 4 percent simple interest on proceeds of the sale of Indian trust lands on deposit in the United States Treasury, and these provisions have been the basis for recovery of…”
Cobell, Elouise v. Norton, Gale, 334 F.3d 1128 (D.C. Cir. 2003). “*1134 The duties of the United States as trustee have been delegated to the Secretary of the Interior and the Secretary of the Treasury, see 25 U.S.C. §§ 161 -161a, 4001-4011, each of whom is assigned specific tasks.”
Jicarilla Apache Nation v. United States, 100 Fed. Cl. 726 (Fed. Cl. 2011). · cites it 3× “2 Those claims principally arise under 25 U.S.C. §§ 161 (“Deposit in Treasury of trust funds”), 161 a (“Trust funds in trust in Treasury Department; investment by Secretary of the Treasury”), 162a (“Deposit of tribal funds in banks; .”
Osage Tribe of Indians v. United States, 72 Fed. Cl. 629 (Fed. Cl. 2006). · cites it 2× “For trust funds held in Treasury accounts, Congress began by authorizing the deposit of trust funds in interest-bearing Treasury accounts (the 1880 enactment of 25 U.S.C. § 161 allowing interest to be paid on Treasury deposits), then mandated that all Indian trust funds held in…”
Hopi Tribe v. United States, 55 Fed. Cl. 81 (Fed. Cl. 2002). “See 25 U.S.C. § 161 (b). Therefore, plaintiff is not entitled to interest on its claims under § 640d-7(e).”
Cobell v. Babbitt, 52 F. Supp. 2d 11 (D.D.C. 1999). · cites it 3× “See 25 U.S.C. § 161 ; 25 U.S.C. § 161a(b); 25 U.”
Jicarilla Apache Nation v. United States, 88 Fed. Cl. 1 (Fed. Cl. 2009). “And it is doubtful that could have ever occurred given *21 the limitations that 25 U.S.C. §§ 161 (a) and 162(a) impose on the types of investments BIA could make with the tribal trust funds.”
Fort Sill Apache Tribe v. Nat'l Indian Gaming Comm'n, 345 F. Supp. 3d 1 (D.C. Cir. 2018). “The statute upon which the Nation relied, 25 U.S.C. §§ 161 - 162a, was insufficient, despite its description of the Secretary as "trustee of various Indian tribes" concerning Indian funds, because "the Government exercises its carefully delimited trust responsibilities in a…”
Navajo Tribe of Indians v. United States, 9 Cl. Ct. 227 (Ct. Cl. 1985). · cites it 2× “* * * Relative to a statutory exception, since 1929 25 U.S.C. §§ 161 and 161a (1970) have prescribed payment of 4 percent simple interest on proceeds of the sale of Indian trust lands on deposit in the United States Treasury, and these provisions have been the basis for recovery…”
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