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 managed, invested, and distributed by the Secretary and to be available until expended, and, together with any interest earned on those amounts, to be used solely 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) of this Act, together with any interest earned on those amounts, which shall be available in accordance with subsection (e).
The Secretary shall establish in the Fund the following accounts: Pechanga Recycled Water Infrastructure account, consisting of amounts authorized pursuant to section 11(a)(1). Pechanga ESAA Delivery Capacity account, consisting of amounts authorized pursuant to section 11(a)(2). Pechanga Water Fund account, consisting of amounts authorized pursuant to section 11(a)(3). Pechanga Water Quality account, consisting of amounts authorized pursuant to section 11(a)(4). The Secretary shall manage, invest, and distribute all amounts in the 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 Fund, including any investment earnings accrued from the date of deposit in the Fund through the date of disbursement from the Fund, shall be made available to the Band by the Secretary beginning on the enforceability date. The Band may withdraw all or part of the amounts in the Fund on approval by the Secretary of a tribal management plan submitted by the Band 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(1)shall require that the Band shall spend all amounts withdrawn from the Fund in accordance with this Act.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actions as the Secretary determines to be necessary to enforce the tribal management plan to ensure that amounts withdrawn by the Band from the Fund under this subsection are used in accordance with this Act. The Band may submit an expenditure plan for approval by the Secretary requesting that all or part of the amounts in the Fund be disbursed in accordance with the plan. The expenditure plan under paragraph
(1)shall include a description of the manner and purpose for which the amounts proposed to be disbursed from the Fund will be used, in accordance with subsection (h). If the Secretary determines that an expenditure plan submitted under this subsection is consistent with the purposes of this Act, the Secretary shall approve the plan. The Secretary may carry out such judicial or administrative actions as the Secretary determines necessary to enforce an expenditure plan to ensure that amounts disbursed under this subsection are used in accordance with this Act. Amounts from the Fund shall be used by the Band for the following purposes: 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 Secretary and the Secretary of the Treasury shall not be liable for the expenditure of, or the investment of any amounts withdrawn from, the Fund by the Band under subsection
(f)or (g). No portion of the Fund shall be distributed on a per capita basis to any member of the Band.
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