Sec. 11. Fort Belknap Indian Community Settlement Trust Fund

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In this section, the term Plan means the document entitled Fort Belknap Indian Community Comprehensive Water Development Plan , prepared by Natural Resources Consulting Engineers, Inc., and dated February 2019. In this section, the term Plan includes any modification to the document referred to in paragraph

(1)that the Fort Belknap Indian Community determines to be necessary to account for conditions in existence at the time at which an activity is carried out pursuant to this section. The Secretary shall establish in the Treasury of the United States a trust fund, to be known as the Fort Belknap Indian Community Settlement Trust Fund , consisting of— the amounts deposited in the Trust Fund under subsection (d); and any interest earned on those amounts. Amounts in the Trust Fund shall— be managed, invested, and distributed by the Secretary; and remain available until expended. The Secretary shall establish in the Trust Fund the following accounts: The Fort Belknap Indian Community Tribal Land and Water Rehabilitation, Modernization, and Expansion Account, the principal and interest of which may be used to pay or reimburse costs incurred by the United States, the State, or the Fort Belknap Indian Community for activities described in the Plan relating to— exchanging, transferring, or acquiring land; rehabilitating or otherwise improving existing and historically irrigated land or projects; agricultural development; cultural preservation; water resources development; and other land- and water-related projects. The Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account, of which only the earned interest may be used to pay for activities described in the Plan relating to— the costs of administering the Tribal water rights, including through— the development or enactment of a Tribal Water Code; and the establishment and operation of a Tribal water resources department; and the annual operation and maintenance costs for Tribal and allotted water resources projects. The Fort Belknap Indian Community Tribal Economic Development Account, the principal and interest of which may be used by the Fort Belknap Indian Community to pay the costs of such activities described in the Plan as the Fort Belknap Indian Community determines to be necessary to advance the economic development of the Fort Belknap Indian Community. The Fort Belknap Indian Community Domestic Water Supply and Wastewater Systems Account, the principal and interest of which may be used by the Fort Belknap Indian Community to pay the costs of activities described in the Plan relating to— preparation of a feasibility study and design of a water supply and sewer treatment system for the Fort Belknap Indian Community; the planning, design, and construction of a domestic water supply system and related facilities for Tribal communities; the planning, design, and construction of a wastewater treatment and collections system for Tribal communities; and environmental compliance in the development and construction of projects under this Act. The Secretary shall deposit— in the Fort Belknap Indian Community Tribal Land and Water Rehabilitation, Modernization, and Expansion Account established under subsection (c)(1), the amounts made available pursuant to section 12(b); in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account established under subsection (c)(2), the amounts made available pursuant to section 12(c); in the Fort Belknap Indian Community Tribal Economic Development Account established under subsection (c)(3), the amounts made available pursuant to section 12(d); and in the Fort Belknap Indian Community Domestic Water Supply and Wastewater Systems Account established under subsection (c)(4), the amounts made available pursuant to section 12(e). On deposit of the funds into the Accounts pursuant to subsection (d), the Secretary shall manage, invest, and distribute all amounts in the Trust Fund in accordance with— the Act of April 1, 1880 ( 25 U.S.C. 161 ); 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.); the 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— mortgages, obligations, and 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 ); bonds, notes, and debentures of the Commodity Credit Corporation described in section 4 of the Act of March 8, 1938 ( 15 U.S.C. 713a–4 ); 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 ); and the obligations of the United States Postal Service described in section 2005 of title 39, United States Code; and this section. In addition to the deposits under subsection (d), any investment earnings, including interest, credited to amounts held in the Trust Fund are authorized to be appropriated for use in accordance with subsection (c). Except as provided in paragraph (3), the amounts made available under this section (including any investment earnings on those amounts) shall be available for expenditure or withdrawal by the Fort Belknap Indian Community without fiscal year limitation beginning on the enforceability date. In addition to funding specifically made available under this Act, if the Secretary determines that, for a given fiscal year, a sufficient amount of funding has not been made available through annual appropriations or other sources, the Secretary shall expend from 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) ) such amounts as are necessary to pay the Federal share of the costs associated with the Trust Fund. Notwithstanding paragraph (1), on approval of the Compact by the members of the Fort Belknap Indian Community pursuant to section 10(f)(1), as certified by the Secretary and the Fort Belknap Indian Community, and subject to the availability of appropriations, $4,800,000 of the amounts in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account established under subsection (c)(2) shall be made available to the Fort Belknap Indian Community for— the administration of the Tribal water right; and the implementation of— the Compact; and this Act. The Fort Belknap Indian Community may withdraw any portion of the amounts in the Trust Fund on approval by the Secretary of a Tribal management plan 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 Fort Belknap Indian Community shall spend all amounts withdrawn from the Trust Fund in accordance with— this Act; and the Compact. The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary— to enforce the Tribal management plan under this paragraph; and to ensure that amounts withdrawn from the Trust Fund by the Fort Belknap Indian Community under this paragraph are used in accordance with— this Act; and the Compact. The Fort Belknap Indian Community may submit to the Secretary a request to withdraw funds from the Trust Fund pursuant to an approved expenditure plan under subparagraph (B). The Fort Belknap Indian Community shall submit to the Secretary for approval an expenditure plan for any portion of the amounts in the Trust Fund that the Fort Belknap Indian Community elects to withdraw pursuant to this paragraph. The expenditure plan shall describe the manner in which, and the purposes for which, amounts in the Trust Fund will be used for the purposes described in— this Act; and the Compact. The Secretary shall approve an expenditure plan submitted under subparagraph

(B)if the Secretary determines that the plan is— reasonable; and in accordance with— this Act; and the Compact. The Secretary and the Secretary of the Treasury shall not be liable for any expenditure or investment of amounts withdrawn from the Trust Fund by the Fort Belknap Indian Community pursuant to this subsection. For each account in the Trust Fund, the Fort Belknap Indian Community shall submit to the Secretary an annual report that describes all expenditures from the account pursuant to an expenditure plan under paragraph (2)(B) during the preceding fiscal year. No principal or interest amount in any account established by this section shall be distributed to any member of the Fort Belknap Indian Community on a per capita basis. To contribute to the cost of design and construction of the Peoples Creek Dam and Reservoir to support mitigation activities, the Secretary shall request that the State pay to the general fund of the Treasury $5,000,000, to be deposited to the credit of the Fort Belknap Indian Community Tribal Land and Water Rehabilitation, Modernization, and Expansion Account established under subsection (c)(1). The costs to the Secretary of carrying out this section shall be nonreimbursable.

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