U.S. Code » Title 25 » Chapter CHAPTER 42— AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

25 U.S.C. § 4001

Definitions

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For the purposes of this chapter:(1) The term “Special Trustee” means the Special Trustee for American Indians appointed under section 4042 of this title.(2) The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. 1601 et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.(3) The term “Secretary” means the Secretary of the Interior.(4) The term “Office” means the Office of Special Trustee for American Indians established by section 4042 of this title.(5) The term “Bureau” means the Bureau of Indian Affairs within the Department of the Interior.(6) The term “Department” means the Department of the Interior.(Pub. L. 103–412, § 2, Oct. 25, 1994, 108 Stat. 4239.)Editorial NotesReferences in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 103–412, Oct. 25, 1994, 108 Stat. 4239, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables.

The Alaska Native Claims Settlement Act, referred to in par. (2), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

Statutory Notes and Related SubsidiariesShort Title

Pub. L. 103–412, § 1(a), Oct. 25, 1994, 108 Stat. 4239, provided that: “This Act [enacting this chapter, amending sections 161a and 162a of this title, and enacting provisions set out as a note under section 161a of this title] may be cited as the ‘American Indian Trust Fund Management Reform Act of 1994’.”

Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 2002–2022 · leading case: Wyandot Nation of Kansas v. United States, 858 F.3d 1392 (Fed. Cir. 2017).
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Wyandot Nation of Kansas v. United States, 858 F.3d 1392 (Fed. Cir. 2017). · cites it 4× “” 25 U.S.C. § 4001 (2). Almost simultaneously, Congress also enacted the Federally Recognized Indian Tribe List Act of 1994 (“List Act”), Pub.”
Cobell, Elouise v. Norton, Gale, 334 F.3d 1128 (D.C. Cir. 2003). “4239 (codified as amended at 25 U.S.C. § 4001 et seq.) (“1994 Act”), recognizing these responsibilities and identifying some of the Government’s duties to ensure it meets them.”
Fredericks v. United States, 125 Fed. Cl. 404 (Fed. Cl. 2016). “4239 (codified in scattered sections of title 25, including 25 U.S.C. §§ 4001 , 4043), as well as trust duties attendant to this statute, by improperly inventorying their father’s estate.”
Jicarilla Apache Nation, Formerly Jicarilla Apache Tribe v. United States, 112 Fed. Cl. 274 (Fed. Cl. 2013). “investments”), and, to a lesser extent, the American Indian Trust Fund Management Reform Act of 1994, 25 U.S.C. § 4001 , et seq., which recognizes and codifies the existing trust relationship.”
Rosebud Sioux Tribe v. United States, 102 Fed. Cl. 429 (Fed. Cl. 2011). “and regulations of the United States, Executive Orders of the President and federal common law governing the administration and management of property and assets held by the United States in trust for [Rosebud]----The Court also has jurisdiction over the subject matter under the…”
Jicarilla Apache Nation v. United States, 100 Fed. Cl. 726 (Fed. Cl. 2011). “investments”), and, to a lesser extent, the American Indian Trust Fund Management Reform Act of 1994, 25 U.S.C. § 4001 et seq. (the 1994 Trust Fund Act), which recognizes and codifies the existing trust relationship.”
Cobell v. Kempthorne, 532 F. Supp. 2d 37 (D.D.C. 2008). “4239 (codified at 25 U.S.C. § 4001 et seq.) (hereinafter “the 1994 Act”).”
Cobell v. Norton, 212 F.R.D. 24 (D.D.C. 2002). “The Court notes that the instant litigation, unlike cases construing “settlor” functions in the ERISA context, involves the construction of the Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. §§ 4001 et seq.), the amendment of which would appear to be the exclusive…”
Barrett v. United States, 561 F.3d 1140 (10th Cir. 2009). “In 1994, the American Indian Trust Fund Management Reform Act of 1994, 25 U.S.C. § 4001 et seq., was passed, which, inter alia, allowed tribes to withdraw and manage any trust funds held by the Secretary of the Interior on their behalf, subject to the approval of the Secretary…”
In re: Kempthorne, 449 F.3d 1265 (D.C. Cir. 2006). “In 1999 the district court concluded that by failing properly to account for the balances in the IIM trust accounts, the Department, as trustee, had breached the fiduciary duty it owed to the plaintiffs under the American Indian Trust Fund Management Reform Act of 1994, 25…”
Muscogee (Creek) Nation of Oklahoma v. United States, 103 Fed. Cl. 210 (Fed. Cl. 2011). “s and regulations of the United States, Executive Orders of the President and federal common law governing the administration and management of property and assets held by the United States in trust for [Muscogee]_The Court also has jurisdiction over the subject matter under the…”
Gilmore v. Salazar, 748 F. Supp. 2d 1299 (N.D. Okla. 2010). “Both cases rely on the American Indian Trust Fund Management Reform Act, 25 U.S.C. § 4001 et seq., to show that the Secretary of the DOI has a duty to account for trust property.”
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