Sec. 11. Aaniiih Nakoda 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 for the Fort Belknap Indian Community, to be known as the Aaniiih Nakoda Settlement Trust Fund , consisting of— the amounts deposited in the Trust Fund under subsection (d); and any interest earned on those amounts. For the purpose of carrying out this Act, amounts in the Trust Fund shall— be allocated, maintained, 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 for activities described in the Plan relating to— rehabilitation and modernization, including improvements to increase conservation efforts, of the Milk River unit of the Fort Belknap Indian Irrigation Project; expansion of the Milk River unit of the Fort Belknap Indian Irrigation Project; rehabilitation and modernization of the Southern Tributary Irrigation Project units of the Fort Belknap Indian Irrigation Project; the Peoples Creek Irrigation Project of the Fort Belknap Indian Irrigation Project; and other land- and water-related projects. The Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, Maintenance, and Repair Account, of which only the earned interest may be used to pay for activities described in the Plan relating to— the costs of administering and regulating the Tribal water rights, including through— the development or enactment of a Tribal water code in accordance with section 5(f); and the establishment and operation of a Tribal water resources department; and the annual operations, maintenance, and repair assessment costs for the Tribe and Tribal member water users, including allottees. 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 Clean and Safe 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, Maintenance, and Repair 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 Clean and Safe Domestic Water Supply and Wastewater Systems Account established under subsection (c)(4), the amounts made available pursuant to section 12(e). On receipt and deposit of the funds into the accounts in the Trust Fund pursuant to subsection (d), the Secretary shall manage, invest, and distribute all amounts in the Trust Fund 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 (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. Any amounts— deposited in the Fort Belknap Indian Community Tribal Land and Water Rehabilitation, Modernization, and Expansion Account established under subsection (c)(1) shall be available to the Fort Belknap Indian Community or the Secretary, as applicable, on the date on which the amounts are deposited, for the uses described in that subsection; and deposited in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, Maintenance, and Repair Account established under subsection (c)(2) shall be made available to the Fort Belknap Indian Community on the date on which the amounts are deposited and the Fort Belknap Indian Community has satisfied the requirements of section 10(f)(1) for the uses described in subsection (c)(2). Except as provided in subparagraph (C), 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 submitted by the Fort Belknap Indian Community 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, and any investment earnings accrued through the investments under the Tribal management plan, in accordance with this Act. A withdrawal from the Fort Belknap Indian Community Tribal Land and Water Rehabilitation, Modernization, and Expansion Account established under subsection (c)(1)— shall be made only in accordance with subsection (f)(3); and notwithstanding any other provision of law, shall not be subject to the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq.), consistent with subsection (m). The Secretary shall be responsible for carrying out activities described in subsection (c)(1). The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary— to enforce the Tribal management plan; 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. Nothing in this subsection entitles the Fort Belknap Indian Community to judicial review of a determination of the Secretary regarding whether to approve a Tribal management plan under paragraph (1)(A), other than as provided under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ). The Secretary shall not be liable for any expenditure or investment of amounts withdrawn from the Trust Fund by the Fort Belknap Indian Community pursuant to subsection (g). For each account in the Trust Fund (other than the Fort Belknap Indian Community Tribal Land and Water Rehabilitation, Modernization, and Expansion Account established under subsection (c)(1)), the Fort Belknap Indian Community shall submit to the Secretary a report in accordance with, as applicable— the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq.); or the Tribal management plan. 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. The Fort Belknap Indian Irrigation Project shall be held in trust by the United States for the benefit of the Fort Belknap Indian Community. The Secretary, acting through the Director of the Bureau of Indian Affairs (referred to in this paragraph as the Secretary ), shall— retain the Federal responsibilities, including fiduciary obligations and liability, as trustee of the Fort Belknap Indian Irrigation Project for the Fort Belknap Indian Community; and except as provided in subparagraph (B), have full responsibility for the regulation, administration, management, and control of the Fort Belknap Indian Irrigation Project. At the option of the Fort Belknap Indian Community, the Secretary shall enter into an agreement with the Fort Belknap Indian Community in accordance with the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq.) under which— the Fort Belknap Indian Community shall assume responsibility for the regulation, administration, management, and control of a portion or all of the Fort Belknap Indian Irrigation Project; and the Secretary shall retain fiduciary obligations and liability, as trustee of the Fort Belknap Indian Irrigation Project for the Fort Belknap Indian Community. Except as otherwise provided in this Act, nothing in this Act affects any obligation, including financial obligations, of the United States for the operations, maintenance, and repair costs of the Fort Belknap Indian Irrigation Project. The Secretary shall provide assistance with planning, design, and construction activities necessary to carry out the activities described in paragraphs

(3)and

(4)of subsection (c). The Secretary, with the informed consent of the Fort Belknap Indian Community, shall carry out 1 or more studies— to determine the feasibility of a water supply and wastewater system for the Fort Belknap Indian Community; and if a project to be developed and constructed under this Act is associated with, affected by, or located within the same river basin as a Federal reclamation project in existence on the date of enactment of this Act— to determine the environmental impact of the project; and to ensure environmental compliance in the development and construction of the project. Notwithstanding any other provision of law, if the Fort Belknap Indian Community, not later than 180 days after the date on which funds are appropriated for deposit in the Trust Fund and available for withdrawal, or not later than such alternative date as is agreed to by the Fort Belknap Indian Community and the Secretary, elects to perform a program, function, service, or activity, or a portion thereof, authorized under subsection (c)(1), the Secretary and the Fort Belknap Indian Community shall enter into, with respect to the program, function, service, or activity— a self-determination contract under title I of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5321 et seq.); or a self-governance compact under title IV of that Act ( 25 U.S.C. 5361 et seq.). After entering into a self-determination contract or self-governance compact under paragraph (1), the Secretary and the Fort Belknap Indian Community may enter into a funding agreement pursuant to section 403 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5363 ). In providing to the Fort Belknap Indian Community funding, including funding for any related contract supports costs, to carry out a funding agreement entered into under subparagraph (A), the Secretary shall only use amounts from the Fort Belknap Indian Community Tribal Land and Water Rehabilitation, Modernization, and Expansion Account established under subsection (c)(1). Any funds transferred for use in a funding agreement under this paragraph shall be subject to the self-determination contract or self-governance compact entered into under paragraph (1). For purposes of this subsection— the annual trust evaluation required under section 403(d) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5363(d) ) shall monitor the performance, and progress toward completion, of the program, function, service, or activity carried out pursuant to the self-determination contract or self-governance compact entered into under paragraph (1); the program, function, service, or activity carried out pursuant to the self-determination contract or self-governance compact entered into under paragraph

(1)shall be considered to be construction programs or projects under section 403(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5363(e) ); and reporting requirements regarding planning, design, and the use and expenditure of funds shall be negotiated and included within the funding agreement entered into under paragraph (2). If the Fort Belknap Indian Community does not elect to carry out the program, function, service, or activity under paragraph

(1)by the deadline described in that paragraph, the Secretary shall carry out the program, function, service, or activity using amounts made available from the Fort Belknap Indian Community Tribal Land and Water Rehabilitation, Modernization, and Expansion Account established under subsection (c)(1). All costs incurred in carrying out this subsection, including the cost of any oversight activity carried out by the Secretary under any agreement entered into under this subsection, shall be nonreimbursable. Any activities carried out pursuant to a self-determination contract or self-governance compact entered into under paragraph

(1)that result in improvements, additions, or modifications to the Fort Belknap Indian Irrigation Project, including the acquisition of any real property interest (other than land), shall— become a part of the inventory of the Secretary relating to the Fort Belknap Indian Irrigation Project; and be recorded in the inventory of the Secretary relating to the Fort Belknap Indian Irrigation Project. Consistent with the agreement of the Federal Government, the State, and the Fort Belknap Indian Community to contribute to the cost of design and construction of the Peoples Creek Dam and Reservoir to support mitigation activities pursuant to article VI.C. of the Compact and this Act— except as provided in clause (ii), the total cost of such mitigation measures shall not exceed $15,500,000, adjusted to reflect changes in the construction cost indices from May 1, 2021, that are applicable to the types of construction involved in the activities described for the mitigation activities; and if the studies by the State and Federal Government require a cost to support such mitigation measures that is greater than $15,500,000, the total cost of such mitigation shall be such amount as is identified in the studies, and such amount is hereby approved; and the State and the Federal Government shall enter into a cost-share agreement by not later than 1 year after the date of enactment of this Act to contribute to the cost of such mitigation measures. Any amount paid by the State or the Federal Government under the cost-share agreement entered into pursuant to paragraph

(1)shall be counted toward the fulfillment of the obligation of the State or the Federal Government, respectively, under the agreement described in the matter preceding subparagraph

(A)of that paragraph. The costs to the Secretary of carrying out this section shall be nonreimbursable.

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Sec. 11

Aaniiih Nakoda Settlement Trust Fund

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