---
kind: "section"
citation: "25 U.S.C. § 4042"
title: "25"
title_heading: "Indians"
number: "4042"
heading: "Office of Special Trustee for American Indians"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/4042"
units:
  - "Chapter 42 — American Indian Trust Fund Management Reform"
  - "Subchapter III — Special Trustee for American Indians"
---

# §4042. Office of Special Trustee for American Indians

- (a) **Establishment—** There is hereby established within the [Department](/usc/25/4001.md?p=6) of the Interior the [Office](/usc/25/4001.md?p=4) of [Special Trustee](/usc/25/4001.md?p=1) for American Indians. The [Office](/usc/25/4001.md?p=4) shall be headed by the [Special Trustee](/usc/25/4001.md?p=1) who shall report directly to the [Secretary](/usc/25/4001.md?p=3).
- (b) **Special Trustee—**
  - (1) **Appointment—** The [Special Trustee](/usc/25/4001.md?p=1) shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who possess demonstrated ability in general management of large governmental or business entities and particular knowledge of trust fund management, management of financial institutions, and the investment of large sums of money.
  - (2) **Compensation—** The [Special Trustee](/usc/25/4001.md?p=1) shall be paid at a rate determined by the [Secretary](/usc/25/4001.md?p=3) to be appropriate for the position, but not less than the rate of basic pay payable at Level II of the Executive Schedule under [section 5313 of title 5](/usc/5/5313.md).
- (c) **Termination of Office—**
  - (1) **Conditioned upon implementation of reforms—** The [Special Trustee](/usc/25/4001.md?p=1), in proposing a termination date under [section 4043(a)(2)(C) of this title](/usc/25/4043.md?p=a-2-C), shall ensure continuation of the [Office](/usc/25/4001.md?p=4) until all reforms identified in the strategic plan have been implemented to the satisfaction of the [Special Trustee](/usc/25/4001.md?p=1).
  - (2) **30-day notice—** Thirty days prior to the termination date proposed in the plan submitted under this section, the [Special Trustee](/usc/25/4001.md?p=1) shall notify the [Secretary](/usc/25/4001.md?p=3) and the Congress in writing of the progress in implementing the reforms identified in the plan. The [Special Trustee](/usc/25/4001.md?p=1), at that time, may recommend the continuation, or the permanent establishment, of the [Office](/usc/25/4001.md?p=4) if the [Special Trustee](/usc/25/4001.md?p=1) concludes that continuation or permanent establishment is necessary for the efficient discharge of the [Secretary](/usc/25/4001.md?p=3)’s trust responsibilities.
  - (3) **Termination date—** The [Office](/usc/25/4001.md?p=4) shall terminate 180 legislative days after the date on which the notice to the Congress under [paragraph (2)](#c-2) is provided, unless the Congress extends the authorities of the [Special Trustee](/usc/25/4001.md?p=1). For the purposes of this section, a legislative day is a day on which either House of the Congress is in session.

## Source credit

(Pub. L. 103–412, title III, § 302, Oct. 25, 1994, 108 Stat. 4244.)