Sec. 9. Selis-Qlispe Ksanka Settlement Trust Fund

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There is established in the Treasury of the United States a fund to be known as the Selis-Qlispe Ksanka Settlement Trust Fund to be managed, invested, and distributed by the Secretary and to remain available until expended, for the purpose of carrying out this Act. The Trust Fund shall consist of the amounts deposited in the Trust Fund under subsection (c), together with any interest earned on those amounts. The Secretary shall establish in the Trust Fund the following accounts:

The Selis-Qlispe Ksanka Agriculture Development Account. The Selis-Qlispe Ksanka Economic Development Account. The Selis-Qlispe Ksanka Community Development Account. The Secretary shall deposit in the Trust Fund— in the Agriculture Development Account, the amount made available pursuant to subsection (m)(1)(A); in the Economic Development Account, the amount made available pursuant to subsection (m)(1)(B); and in the Community Development Account, the amount made available pursuant to subsection (m)(1)(C).

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 Act of April 1, 1880 (21 Stat. 70, chapter 41; 25 U.S.C. 161 ); the first section of the Act of June 24, 1938 (52 Stat. 1037, chapter 648; 25 U.S.C. 162a ); 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— 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, or 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, or debentures of the Commodity Credit Corporation described in section 4 of the Act of March 8, 1938 ( 15 U.S.C. 713a–4 ); the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ); and this section.

The interest on, and the proceeds from, the sale or redemption of any obligations held in an account under the Trust Fund shall be credited to, and form a part of, that account. Amounts appropriated to, and deposited in, the Trust Fund, including any investment earnings, shall be made available to the Tribes by the Secretary beginning on the enforceability date. The Tribes may withdraw any portion of the funds in the Trust Fund on approval by the Secretary of a tribal management plan submitted by the Tribes 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 Tribes spend all amounts withdrawn from the Trust Fund in accordance with this Act. The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce the tribal management plan to ensure that amounts withdrawn by the Tribes from the Trust Fund under this subsection are used in accordance with this Act. The Tribes may submit to the Secretary a request to withdraw funds from the Trust Fund in accordance with an expenditure plan approved under paragraph (4). To be eligible to withdraw funds under an expenditure plan under paragraph (1), the Tribes shall submit to the Secretary for approval an expenditure plan for any portion of the Trust Fund that the Tribes elect to withdraw pursuant to this subsection, subject to the condition that the funds shall be used for the purposes described in this Act. An expenditure plan under this subsection 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 Tribes, in accordance with this subsection. On receipt of an expenditure plan under this subsection, the Secretary shall approve the plan not later than 90 days after the date of receipt, if the Secretary determines that the plan is— reasonable; and consistent with, and will be used for, the purposes of this Act. If the Secretary does not approve or disapprove an expenditure plan under subparagraph

(A)not later than 90 days after the date of receipt, the expenditure plan shall be considered to have been approved by the Secretary. The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this subsection are used in accordance with this Act. Amounts from the Trust Fund shall be used by the Tribes for the following purposes: The Agriculture Development Account shall be used— to implement the tribal water right through rehabilitation and improvement of agricultural Indian land within the Reservation; to construct and rehabilitate livestock fencing on Indian land within the Reservation; to mitigate and control noxious weeds on Indian land within the Reservation; to plan, design, and construct improvements to irrigation systems on Indian land served by the Flathead Indian irrigation project; to plan, design, and construct irrigation facilities on Indian land within the Reservation that is not served by the Flathead Indian irrigation project; and to install screens, barriers, passages, or ladders to prevent fish entrainment in irrigation ditches and canals within the Reservation. The Economic Development Account shall be used— to implement the tribal water right; to plan, design, construct, operate, maintain, and replace community water distribution and wastewater treatment facilities on the Reservation; and to develop geothermal water resources on Indian land within the Reservation. The Community Development Account shall be used to develop and establish community services, including education services and centers for native language and cultural education for children and adults on or near the Reservation. The Community Development Account shall be distributed as follows: Subject to clause (ii), all interest earned on the account shall be distributed to the Tribes annually. If the Tribes withdraw all or a portion of the principal under subsection

(g)or (h)— clause

(i)shall not apply; and the Secretary shall distribute the interest earned on the account for that year as the Secretary determines appropriate. 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 Tribes under subsection

(g)or (h). No portion of the Fund shall be distributed on a per capita basis to any member of the Tribes. On request by the Tribes, the Secretary may transfer amounts from an account described in paragraph (1), (2), or

(3)of subsection

(b)to any other account the Secretary determines to be appropriate. Subject to paragraph (2), there are authorized to be appropriated to the Secretary, as adjusted on appropriation to reflect changes in the Consumer Price Index for All Urban Consumers West Urban 50,000 to 1,500,000 index dated April 2010 for the amount appropriated— for deposit in the Agriculture Development Account, $365,207,225; for deposit in the Economic Development Account, $93,633,566; and for deposit in the Community Development Account, $233,361,200. The adjustment of the amounts authorized to be appropriated pursuant to paragraph

(1)shall occur each time an amount is appropriated for an account and shall add to, or subtract from, as applicable, the total amount authorized. The adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated. The amount of an adjustment may be considered— to be authorized as of the date on which congressional action occurs; and in determining the amount authorized to be appropriated.

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