Sec. 12. Funding
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Notwithstanding any other provision of law, on October 1, 2021, and each October 1 thereafter through October 1, 2030, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary for deposit in the Reclamation Water Settlements Fund established by section 10501(a) of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 407(a) ) $30,000,000, to remain available until expended, for the use described in paragraph (2).
The Secretary shall be entitled to receive, shall accept, and shall use to carry out section 10501(c)(3)(B)(iii) of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 407(c)(3)(B)(iii) ) the funds transferred under paragraph
(1)specifically to pay towards the Federal share of the remaining costs of implementing the Indian water rights settlement agreement for the Fort Belknap Indian Community under this Act, without further appropriation. Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall deposit in the Fort Belknap Indian Community Tribal Land and Water, Rehabilitation, Modernization, and Expansion Account established under paragraph
(1)of section 11(c) $134,478,400, as adjusted to reflect changes in construction cost indices since May 1, 2011, that are applicable to the types of construction involved in the activities described in that paragraph. In addition to the amounts made available under paragraph (1), there is authorized to be appropriated for deposit in the Fort Belknap Indian Community Tribal Land and Water, Rehabilitation, Modernization, and Expansion Account established under paragraph
(1)of section 11(c) $105,661,600, as adjusted to reflect changes in construction cost indices since May 1, 2011, that are applicable to the types of construction involved in the activities described in that paragraph. Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall deposit in the Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account established under paragraph
(2)of section 11(c) $31,263,000, as adjusted to reflect changes in construction cost indices since May 1, 2011, that are applicable to the types of construction involved in the activities described in that paragraph. In addition to the amounts made available under paragraph (1), there is authorized to be appropriated for deposit in the Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account established under paragraph
(2)of section 11(c) $30,037,000, as adjusted to reflect changes in construction cost indices since May 1, 2011, that are applicable to the types of construction involved in the activities described in that paragraph. Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall deposit in the Fort Belknap Indian Community Tribal Economic Development Account established under paragraph
(3)of section 11(c) $92,614,500, as adjusted to reflect changes in construction cost indices since May 1, 2011, that are applicable to the types of construction involved in the activities described in that paragraph. In addition to the amounts made available under paragraph (1), there is authorized to be appropriated for deposit in the Fort Belknap Indian Community Tribal Economic Development Account established under paragraph
(3)of section 11(c) $75,775,500, as adjusted to reflect changes in construction cost indices since May 1, 2011, that are applicable to the types of construction involved in the activities described in that paragraph. Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall deposit in the Fort Belknap Indian Community Domestic Water Supply and Wastewater Systems Account established under paragraph
(4)of section 11(c) $69,036,800, as adjusted to reflect changes in construction cost indices since May 1, 2011, that are applicable to the types of construction involved in the activities described in that paragraph. In addition to the amounts made available under paragraph (1), there is authorized to be appropriated for deposit in the Fort Belknap Indian Community Domestic Water Supply and Wastewater Systems Account established under paragraph
(4)of section 11(c) $54,243,200, as adjusted to reflect changes in construction cost indices since May 1, 2011, that are applicable to the types of construction involved in the activities described in that paragraph. As soon as practicable after the date on which amounts are appropriated under paragraph (2), the Secretary shall make a grant to the State in the amount of $21,000,000, to be used by the State only to support the cost of construction involved in the mitigation activities that will be implemented for the Milk River Project, including by making grants under section 8(c)(1). There is authorized to be appropriated to the Secretary to carry out this subsection $21,000,000 for fiscal year 2021, as adjusted to reflect changes in construction cost indices since May 1, 2011, that are applicable to the types of construction involved in the mitigation activities that will be implemented for the Milk River Project. The Secretary shall establish a trust account for the State, consisting of such amounts as are made available by the Secretary to carry out the mitigation and watershed improvement activities described in the Compact. Not later than 60 days after the date on which an amount is appropriated under paragraph
(4)for a fiscal year, the Secretary shall transfer the amount, at no charge to the State, to the State trust account established under paragraph (1). The State may expend the interest accruing on amounts in the State trust account under paragraph
(1)as the State determines to be appropriate to fulfill the purposes of the Compact. The State shall not expend the principal amount in the State trust account until— the Fort Belknap Indian Community has developed, or is in the process of developing, the Tribal water rights in accordance with the Compact and this Act; and the State, in consultation with the Secretary, determines that a proposed expenditure of the principal amount is necessary to satisfy mitigation or watershed improvement obligations under the Compact. There is authorized to be appropriated to the Secretary to carry out this subsection $5,000,000 for each of fiscal years 2021 through 2023. All amounts incurred by the Secretary under this section shall be nonreimbursable.
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