Sec. 17. Blackfeet Settlement Trust Fund
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There is established in the Treasury of the United States a trust fund, to be known as the Blackfeet Settlement Trust Fund (referred to in this section as the Trust Fund ), consisting of the amounts deposited in the Fund under subsection (c), together with any interest earned on those amounts, to be managed, invested, and distributed by the Secretary for the benefit of the Tribe, to remain available until expended. The Secretary shall establish in the Trust Fund the following accounts:
The Administration and Energy Account. The OM&R Account. The Water Deferral Account. The MR&I System Account. The Blackfeet Water, Storage, and Development Projects Account. The Blackfeet Irrigation Project Deferred Maintenance and Four Horns Dam Safety Improvements Account. The St. Mary/Milk Water Management and Activities Account. The Secretary shall transfer to the Trust Fund— to the Administration and Energy Account, the amount made available pursuant to subsection (k)(1); to the OM&R Account, the amount made available pursuant to subsection (k)(2); to the Water Deferral Account, the amount made available pursuant to subsection (k)(3); to the MR&I System Account, the amount made available pursuant to subsection (k)(4); to the Blackfeet Water, Storage, and Development Projects Account, the amount made available pursuant to subsection (k)(5); to the Blackfeet Irrigation Project Deferred Maintenance and Four Horns Dam Safety Improvements Account, the amount made available pursuant to subsection (k)(6); and to the St.
Mary/Milk Water Management and Activities Account, the amount made available pursuant to subsection (k)(7). The Secretary shall manage, invest, and distribute all amounts in the Trust Fund in a manner that is consistent with the investment authority of the Secretary under— the first section of the Act of June 24, 1938 ( 25 U.S.C. 162a ); the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ); and this section. Amounts appropriated to, and deposited in, the Trust Fund, including any investment earnings, shall be made available to the Tribe beginning on the enforceability date.
The Tribe may withdraw any portion of the funds in the accounts established under subsection
(b)on approval by the Secretary of a tribal management plan submitted by the Tribe 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 under paragraph
(1)shall require that the Tribe shall spend all amounts withdrawn from the Trust 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 the tribal management plan to ensure that amounts withdrawn by the Tribe from the Trust Fund are used in accordance with this Act. The Tribe shall submit to the Secretary for approval an expenditure plan for any portion of the Trust Fund that the Tribe elects to withdraw under this subsection. An expenditure plan under paragraph (1)— shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Trust Fund will be used by the Tribe, in accordance with subsection (h); and may include a description of how any remaining amounts may be used. On receipt of an expenditure plan under paragraph (1), the Secretary shall approve the plan, if the Secretary determines that the plan is consistent with this Act. Amounts from the Trust Fund shall be used by the Tribe for the following purposes: The Administration and Energy Account shall be used for administration of the tribal water right and energy development projects under the Compact. The OM&R Account shall be used to assist the Tribe in paying OM&R costs. The Water Deferral Account shall be distributed pursuant to an approved expenditure plan as follows: The first $1,000,000 deposited in the account shall be distributed to the Tribe annually as compensation for the deferral of the St. Mary water right. Any additional amounts deposited in the account may be used by the Tribe to pay OM&R costs or such other costs as are authorized by the Secretary. The MR&I System Account shall be used to carry out section 12. The Blackfeet Water, Storage, and Development Projects Account shall be used to carry out section 13. The Blackfeet Irrigation Project Deferred Maintenance and Four Horns Dam Safety Improvements Account shall be used to carry out section 9. The St. Mary/Milk Water Management and Activities Account shall be used to carry out section 6. The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Trust Fund by the Tribe under subsection (f). No portion of the Trust Fund shall be distributed on a per capita basis to any member of the Tribe. Subject to subsection (l), there is authorized to be appropriated to the Secretary— for deposit in the Administration and Energy Account, $28,900,000; for deposit in the OM&R Account, $25,500,000; for deposit in the Water Deferral Account, $27,800,000; for deposit in the MR&I System Account, $76,200,000; for deposit in the Blackfeet Water, Storage, and Development Projects Account, $178,300,000; for deposit in the Blackfeet Irrigation Project Deferred Maintenance and Four Horns Dam Safety Improvements Account, $37,900,000; and for deposit in the St. Mary/Milk Water Management and Activities Account, $25,200,000. All amounts made available pursuant to subsection
(k)shall be adjusted as necessary to reflect the changes since April, 2010, in the construction costs indices applicable to the construction, maintenance, rehabilitation, or improvement of the projects and activities described in this Act.
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