Sec. 8. Séliš-Qlispé Ksanka Settlement Trust Fund
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The Secretary shall establish a trust fund, to be known as the Séliš-Qlispé Ksanka Settlement 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 (b), together with any interest earned on those amounts, for the purpose of carrying out this Act. The Secretary shall deposit in the Trust Fund the amounts made available pursuant to section 9. On receipt and deposit of the funds into the Trust Fund, the Secretary shall manage, invest, and distribute the amounts in accordance 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 (b), any investment earnings, including interest, credited to the amounts in the Trust Fund are authorized to be appropriated for use in accordance with subsection (g). 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, subject to the requirements of this section. Notwithstanding paragraph (1), any amounts deposited in the Trust Fund shall be available to the Tribes, on appropriation, for— the uses described in subsection (g)(1), in accordance with Appendix 3.6 to the Compact; and the uses described in subsection (g)(2).
The Tribes may withdraw any portion of the amounts 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(1)shall require that the Tribes shall spend all amounts withdrawn from the Trust Fund and any investment earnings accrued through the investments under the Tribal management plan in accordance with this Act.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actions as the Secretary determines to be necessary to enforce the Tribal management plan to ensure that amounts withdrawn by the Tribes from the Trust Fund pursuant to this subsection are used in accordance with this Act. Nothing in this Act provides to the Tribes the right to judicial review of a determination by the Secretary regarding whether to approve a Tribal management 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 in the Trust Fund shall be used by the Tribes to implement the Compact, the Law of Administration, and this Act for the following purposes: With respect to the Flathead Indian irrigation project, rehabilitation, modernization, and restoration of damages to natural resources. The administration, implementation, and management of the Tribal Water Right and the regulation and administration of water rights within the Reservation under this Act, the Compact, and the Law of Administration, and such infrastructure as is necessary to meet programmatic needs. The acquisition of interests in real property for purposes of paragraph (1). 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 land within the Reservation. To plan, design, and construct improvements to irrigation systems on land served by the Flathead Indian irrigation project. To install screens, barriers, passages, or ladders to prevent fish entrainment in irrigation ditches and canals within the Reservation. To plan, design, and construct irrigation facilities on Indian land within the Reservation that is not served by the Flathead Indian irrigation project. To plan, design, construct, operate, maintain, and replace community water distribution and wastewater treatment facilities on the Reservation. To develop geothermal water resources on Indian land within the Reservation. To develop a cultural resources program relating to permitting (including cultural, historical, and archeological reviews, including training and certifications) and related infrastructure necessary to meet programmatic needs. To comply with Federal environmental laws for any use authorized by this section. To repair, rehabilitate, or replace culverts, bridges, and roads of the Flathead Indian irrigation project and any public or Tribal culverts, bridges, and roads that intersect with, or are otherwise located within, the supply and distribution network of the Flathead Indian irrigation project. The Secretary shall not be liable for the expenditure or investment of any amounts withdrawn from the Trust Fund by the Tribes under this section. Not less frequently than annually, the Tribes shall submit to the Secretary an expenditure report describing— the amount withdrawn from the Trust Fund under this section; and any accomplishments resulting from the use of a withdrawal under a Tribal management plan, in accordance with this Act. Except as otherwise provided in this Act, nothing in this Act affects any obligation of the United States with respect to the operations, maintenance, and repair of the Flathead Indian irrigation project.
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