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. § 161a

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

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(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.(Feb. 12, 1929, ch. 178, § 1, 45 Stat. 1164; June 13, 1930, ch. 483, 46 Stat. 584; Pub. L. 98–451, Oct. 4, 1984, 98 Stat. 1729; Pub. L. 103–412, title I, § 103(a), Oct. 25, 1994, 108 Stat. 4241.)Editorial NotesAmendments

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 June 13, 1930, amended section generally.

Statutory Notes and Related SubsidiariesEffective Date of 1994 Amendment

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].”

Executive DocumentsTransfer 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. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees.

Notes of Decisions
Cited in 38 cases (1 in the last 5 years), 1945–2022 · 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 13× “Order of January 14, 1993; see also Plaintiffs’ Memorandum in Support of their Motion for Summary Judgment on the Money Mandating-ness of the General Tribal Trust Fund Investment Statutes, 25 U.S.C. §§ 161a and 162a ( Pis.’ Inv. MSJ Mem.”
United States v. Jicarilla Apache Nation, 564 U.S. 162 (2011). · cites it 4× “The Tribe argues that the Government violated various laws, including 25 U. S. C. §§161a and 162a, that govern the management of funds held in trust for Indian tribes.”
Oenga v. United States, 91 Fed. Cl. 629 (Fed. Cl. 2010). · cites it 6× “The court in Shoshone specifically recognized 25 U.S.C. § 161a, along with §§ 155, 161b, and 162a, as being part of the necessary statutory “hook” that was lacking in Mitchell.”
Shoshone Indian Tribe of the Wind River Reservation v. United States, 364 F.3d 1339 (Fed. Cir. 2004). · cites it 11× “§ 155 , miscellaneous revenues derived from tribal resources are to be deposited with the Treasury, and under 25 U.S.C. §§ 161a, 161b, and 162a, simple interest must be collected on such accounts.”
Jicarilla Apache Nation v. United States, 112 Fed. Cl. 274 (Fed. Cl. 2013). · cites it 7× “The court proceeded to review the statutory investment scheme, tracing the history and language of statutes like 25 U.S.C. §§ 161a, 161b, and 162a back into the 1880s.”
Osage Tribe of Indians v. United States, 72 Fed. Cl. 629 (Fed. Cl. 2006). · cites it 5× “Defendant, in carrying out its investment duties, had the further responsibility to comply with the legal requirements applicable to those duties, including the federal statute governing the investment of Indian trust funds, 25 U.S.C. §§ 161a, 161b, 162a, applicable regulations,…”
Jicarilla Apache Nation v. United States, 100 Fed. Cl. 726 (Fed. Cl. 2011). · cites it 6× “The court proceeded to review the statutory investment scheme, tracing the history and language of statutes like 25 U.S.C. §§ 161a, 161b, and 162a back into the 1880s.”
Short v. United States, 12 Cl. Ct. 36 (Ct. Cl. 1987). · cites it 6× “The defendant concedes that the unallotted Reservation income was held in an “Indian Monies, Proceeds of Labor” (IMPL) account, but argues that plaintiffs, as individuals, may not claim interest on such accounts because such monies are held for “tribes,” under 25 U.S.C. §§ 161a,…”
Cobell, Elouise v. Norton, Gale, 392 F.3d 461 (D.C. Cir. 2004). · cites it 2× “See 25 U.S.C. §§ 161a(b), 162a(a). As the label Cobell V suggests, this litigation has generated many legal opinions, including three of this court.”
Osage Tribe of Indians v. United States, 68 Fed. Cl. 322 (Fed. Cl. 2005). · cites it 3× “Plaintiff identifies, by way of example, an alleged duty to invest found in 25 U.S.C. § 161a. Id. Plaintiff describes the alleged failure to invest in the following terms: (a) failure “to deposit funds in an interest bearing account within a reasonable time after [the defendant]…”
Short v. United States, 50 F.3d 994 (Fed. Cir. 1995). · cites it 7× “See 25 U.S.C. §§ 161a, 161b, 162a (1988); Short IV, 12 Cl.”
Osage Tribe v. United States, 75 Fed. Cl. 462 (Fed. Cl. 2007). · cites it 5× “Appeals for the Federal Circuit held that “when the Government has a clear statutory fiduciary duty to collect or manage funds and further undertakes the duty to earn interest on those funds, the failure of the Government to collect or manage such funds in accordance with its…”
Show all 38 citing cases →
25 U.S.C. § 161a(a): 2 cases
United States v. Jicarilla Apache Nation, 564 U.S. 162 (2011). “The Tribe argues that the Government violated various laws, including 25 U. S. C. §§161a and 162a, that govern the management of funds held in trust for Indian tribes.”
Chippewa Cree Tribe of the Rocky Boy's Reservation v. United States, 69 Fed. Cl. 639 (Fed. Cl. 2006). “Order of January 14, 1993; see also Plaintiffs’ Memorandum in Support of their Motion for Summary Judgment on the Money Mandating-ness of the General Tribal Trust Fund Investment Statutes, 25 U.S.C. §§ 161a and 162a ( Pis.’ Inv. MSJ Mem.”
25 U.S.C. § 161a(b): 5 cases
Oenga v. United States, 91 Fed. Cl. 629 (Fed. Cl. 2010). “The court in Shoshone specifically recognized 25 U.S.C. § 161a, along with §§ 155, 161b, and 162a, as being part of the necessary statutory “hook” that was lacking in Mitchell.”
Cobell, Elouise v. Norton, Gale, 392 F.3d 461 (D.C. Cir. 2004). “See 25 U.S.C. §§ 161a(b), 162a(a). As the label Cobell V suggests, this litigation has generated many legal opinions, including three of this court.”
Cobell v. Babbitt, 91 F. Supp. 2d 1 (D.D.C. 1999).
Jicarilla Apache Nation v. United States, 100 Fed. Cl. 726 (Fed. Cl. 2011). “The court proceeded to review the statutory investment scheme, tracing the history and language of statutes like 25 U.S.C. §§ 161a, 161b, and 162a back into the 1880s.”
Cobell v. Babbitt, 52 F. Supp. 2d 11 (D.D.C. 1999).
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