Page:United States Statutes at Large Volume 108 Part 5.djvu/752

 108 STAT. 4242 PUBLIC LAW 103-412 —OCT. 25, 1994 TITLE II—INDIAN TRUST FUND MANAGEMENT PROGRAM 25 USC 4021. SEC. 201. PURPOSE. The purpose of this title is to allow tribes an oppori;unity to manage tribal funds currently held in trust by the United States and managed by the Secretary through the Bureau, that, consistent with the trust responsibility of the United States and the principles of self-determination, will— (1) give Indian tribal governments greater control over the management of such trust funds; or (2) otherwise demonstrate how the principles of self-determination can work with respect to the management of such trust funds, in a manner consistent with the trust responsibility of the United States. 25 USC 4022. 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 (c) DISSOLUTION OF TRUST RESPONSIBILITY.— Beginning on the date funds are withdrawn pursuant to this section, any trust responsibility or liability of the United States with respect to such funds shall cease except as provided for in section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. 25 USC 4023. SEC. 203. JUDGMENT FUNDS. (a) IN GENERAL. — The Secretary is authorized to approve plans under section 202 of this title for the withdrawal of judgment funds held by the Secretary. (b) LIMITATION.—Only such funds held by the Secretary under the terms of the Indian Judgment Funds Use or Distribution Act (25 U.S.C. 1401) or an Act of Congress which provides for the secretarial management of such judgment funds shall be included in such plans. (c) SECRETARIAL DUTIES.— In approving such plans, the Secretary shall ensure— (1) that the purpose and use of the judgment funds identified in the previously approved judgment fund plan will continue to be followed by the Indian tribe in the management of the judgment funds; and

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