Sec. 6. Navajo trust accounts
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The Secretary shall establish a trust fund, to be known as the Navajo Utah Settlement Trust Fund (referred to in this Act as the Trust Fund ), to be managed, invested, and distributed by the Secretary and to remain available until expended, consisting of the amounts deposited in the Trust Fund under subsection (c), together with any interest earned on those amounts, for the purpose of carrying out this Act. The Secretary shall establish in the Trust Fund the following Accounts:
The Navajo Water Development Projects Account. The Navajo OM&R Account. The Secretary shall deposit in the Trust Fund Accounts— in the Navajo Water Development Projects Account, the amounts made available pursuant to section 7(a)(1); and in the Navajo OM&R Account, the amount made available pursuant to section 7(a)(2). Upon receipt and deposit of the funds into the Trust Fund Accounts, 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.
In addition to the deposits under subsection (c), any investment earnings, including interest, credited to amounts held in the Trust Fund are authorized to be appropriated to be used in accordance with the uses described in subsection (h). Amounts appropriated to, and deposited in, the Trust Fund, including any investment earnings, shall be made available to the Nation by the Secretary beginning on the enforceability date and subject to the uses and restrictions set forth in this section.
The Nation may withdraw any portion of the funds in the Trust Fund on approval by the Secretary of a tribal management plan submitted by the Nation 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4001 et seq.), the Tribal management plan under this paragraph shall require that the Nation shall spend all amounts withdrawn from the Trust Fund and any investment earnings accrued through the investments under the Tribal management plan in accordance with this Act.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 Nation from the Trust Fund under this paragraph are used in accordance with this Act. The Nation may submit to the Secretary a request to withdraw funds from the Trust Fund pursuant to an approved expenditure plan. To be eligible to withdraw funds under an expenditure plan under this paragraph, the Nation shall submit to the Secretary for approval an expenditure plan for any portion of the Trust Fund that the Nation elects to withdraw pursuant to this paragraph, subject to the condition that the funds shall be used for the purposes described in this Act.
An expenditure plan under this paragraph 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 Nation, in accordance with subsections
(c)and (h). On receipt of an expenditure plan under this paragraph, the Secretary shall approve the plan, if the Secretary determines that the plan— is reasonable; is consistent with, and will be used for, the purposes of this Act; and contains a schedule which described that tasks will be completed within 18 months of receipt of withdrawn amounts. 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 paragraph are used in accordance with this Act. Nothing in this Act gives the Nation the right to judicial review of a determination of the Secretary regarding whether to approve a Tribal management plan or an expenditure plan except under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ). Amounts from the Trust Fund shall be used by the Nation for the following purposes: The Navajo Water Development Projects Account shall be used to plan, design, and construct the Navajo water development projects and for the conduct of related activities, including to comply with Federal environmental laws. The Navajo OM&R Account shall be used for the operation, maintenance, and replacement of the Navajo water development projects. 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 Nation under subsection (f). No portion of the Trust Fund shall be distributed on a per capita basis to any member of the Nation. The Navajo Nation shall submit to the Secretary annually an expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan or an expenditure plan as described in this Act.
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