Sec. 9. Pechanga Settlement Fund
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There is established in the Treasury of the United States a fund to be known as the Pechanga Settlement Fund , to be administered by the Secretary for the purpose of carrying out this Act. The Fund shall consist of such amounts as are deposited in the Fund under section 11(a). The Secretary shall establish in the Fund the following accounts: Pechanga Recycled Water Infrastructure account, consisting of amounts authorized to be appropriated under section 11(a)(1). Pechanga ESAA Delivery Capacity account, consisting of amounts authorized to be appropriated under section 11(a)(2).
Pechanga Water Fund account, consisting of amounts authorized to be appropriated under section 11(a)(3). Pechanga Water Quality account, consisting of amounts authorized to be appropriated under section 11(a)(4). The Secretary of the Treasury shall promptly deposit in the Fund any amounts appropriated to the Fund. The Secretary of the Treasury shall deposit amounts in the accounts of the Fund established under subsection (c). The Secretary shall manage the Fund, make investments from the Fund, and make amounts available from the Fund for distribution to the Band consistent with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ).
The Secretary shall invest amounts in the Fund in accordance with— the Act of April 1, 1880 (25 U.S.C. 161); the first section of the Act of June 24, 1938 ( 25 U.S.C. 162a ); and the obligations of Federal corporations and Federal Government-sponsored entities, the charter documents of which provide that the obligations of the entities are lawful investments for federally managed funds, including— the obligations of the United States Postal Service described in section 2005 of title 39, United States Code; bonds and other obligations of the Tennessee Valley Authority described in section 15d of the Tennessee Valley Authority Act of 1933 ( 16 U.S.C. 831n–4 ); mortgages, obligations, and other securities of the Federal Home Loan Mortgage Corporation described in section 303 of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1452 ); and bonds, notes, and debentures of the Commodity Credit Corporation described in section 4 of the Act of March 8, 1938 ( 15 U.S.C. 713a–4 ).
Amounts from the Fund shall be used in accordance with subparagraphs
(B)through (E). The Pechanga Recycled Water Infrastructure account shall be used for expenditures by the Band in accordance with section 8(c). The Pechanga ESAA Delivery Capacity account shall be used for expenditures by the Band in accordance with section 8(d). The Pechanga Water Fund account shall be used for— payment of the EMWD Connection Fee; payment of the MWD Connection Fee; and any expenses, charges, or fees incurred by the Band in connection with the delivery or use of water pursuant to the Pechanga Settlement Agreement. The Pechanga Water Quality account shall be used by the Band to fund groundwater desalination activities within the Wolf Valley Basin. The Band may withdraw any portion of amounts in the Fund on approval by the Secretary of a tribal management plan in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ). In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal management plan of the Band under subparagraph
(A)shall require that the Band spend any amounts withdrawn from the Fund in accordance with this Act. The Secretary may carry out such judicial or administrative actions as the Secretary determines to be necessary to enforce a tribal management plan to ensure that amounts withdrawn by the Band from the Fund under this paragraph are used in accordance with this Act. The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of amounts withdrawn from the Fund by the Band under this paragraph. For each fiscal year, the Band shall submit to the Secretary for approval an expenditure plan for any portion of the amounts described in subparagraph
(A)that the Band elects not to withdraw under this paragraph during the fiscal year. An expenditure plan under clause
(i)shall include a description of the manner in which, and the purposes for which, funds of the Band remaining in the Fund will be used during subsequent fiscal years. On receipt of an expenditure plan under clause (i), the Secretary shall approve the plan if the Secretary determines that the plan is— reasonable; and consistent with this Act. The Band shall submit to the Secretary annual reports describing each expenditure by the Band of amounts in the Fund during the preceding calendar year. No amounts in the Fund shall be distributed to any member of the Band on a per capita basis. Amounts in the Fund shall be available for use by the Secretary and withdrawal by the Band beginning on the enforceability date.
Connectionstraces to 4
2 references not yet in our index
- 16 USC 831n–4
- 15 USC 713a–4
Citation graph
cites case law
Sec. 9
Pechanga Settlement Fund
Cite16 USC 831n–4
Cite15 USC 713a–4
Cites 6Cited by 0 across 0 sources