Sec. 10. Navajo Nation Water Settlement Trust Fund
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The Secretary shall establish a trust fund for the Navajo Nation, to be known as the Navajo Nation Water Settlement Trust Fund, to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the Navajo Nation Water Settlement Trust Fund under subsection (c), together with any investment earnings, including interest, earned on those amounts, for the purpose of carrying out this Act.
The Secretary shall establish in the Navajo Nation Water Settlement Trust Fund the following accounts: The Navajo Nation Water Projects Trust Fund Account. The Navajo Nation OM&R Trust Fund Account. The Navajo Nation Agricultural Conservation Trust Fund Account. The Navajo Nation Renewable Energy Trust Fund Account. The Navajo Nation Lower Basin Colorado River Water Acquisition Trust Fund Account. The Secretary shall deposit— in the Navajo Nation Water Projects Trust Fund Account, the amounts made available pursuant to subparagraph (A)(i) of section 13(b)(3); in the Navajo Nation OM&R Trust Fund Account, the amounts made available pursuant to subparagraph (A)(ii) of that section; in the Navajo Nation Agricultural Conservation Trust Fund Account, the amounts made available pursuant to subparagraph (A)(iii) of that section; in the Navajo Nation Renewable Energy Trust Fund Account, the amounts made available pursuant to subparagraph (A)(iv) of that section; and in the Navajo Nation Lower Basin Colorado River Water Acquisition Trust Fund Account, the amounts made available pursuant to subparagraph (A)(v) of that section.
On receipt and deposit of the funds into the accounts in the Navajo Nation Water Settlement Trust Fund Accounts pursuant to subsection (c), the Secretary shall manage, invest, and distribute all amounts in the Navajo Nation Water Settlement 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 subsection.
In addition to the deposits made to the Navajo Nation Water Settlement Trust Fund under subsection (c), any investment earnings, including interest, credited to amounts held in the Navajo Nation Water Settlement Trust Fund are authorized to be appropriated to be used in accordance with subsection (f). The Navajo Nation may withdraw any portion of the amounts in the Navajo Nation Water Settlement Trust Fund on approval by the Secretary of a Tribal management plan submitted by the Navajo 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 Navajo Nation spend all amounts withdrawn from the Navajo Nation Water Settlement 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 a Tribal management plan; and to ensure that amounts withdrawn from the Navajo Nation Water Settlement Trust Fund by the Navajo Nation under this paragraph are used in accordance with this Act.
The Navajo Nation may submit to the Secretary a request to withdraw funds from the Navajo Nation Water Settlement Trust Fund pursuant to an approved expenditure plan. To be eligible to withdraw funds under an expenditure plan under this paragraph, the Navajo Nation shall submit to the Secretary for approval an expenditure plan for any portion of the Navajo Nation Water Settlement Trust Fund that the Navajo 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 Navajo Nation Water Settlement Trust Fund Accounts will be used by the Navajo Nation in accordance with subsection (f). On receipt of an expenditure plan under this paragraph, the Secretary shall approve the expenditure plan if the Secretary determines that the expenditure plan— is reasonable; and is consistent with, and will be used for, the purposes of this Act.
The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce an expenditure plan under this paragraph to ensure that amounts disbursed under this paragraph are used in accordance with this Act. Amounts from the Navajo Nation Water Settlement Trust Fund shall be used by the Navajo Nation for the following purposes: Amounts in the Navajo Nation Water Projects Trust Fund Account may only be used for the purpose of environmental compliance, planning, engineering activities, and construction of projects designed to deliver potable water to communities, such as Leupp, Dilkon, Ganado, Black Mesa, Sweetwater, Chinle, Lupton/Nahata Dziil Area, Kayenta, and Oljato.
Amounts in the Navajo Nation OM&R Trust Fund Account may only be used to pay OM&R costs of the Navajo Water projects described in paragraph
(1)and the iiná bá – paa tuwaqat’si pipeline project. Subject to subparagraph (B), amounts in the Navajo Nation Agricultural Conservation Trust Fund Account may only be used to pay the costs of improvements to reduce water shortages on the historically irrigated land of the Navajo Nation, including sprinklers, drip or other efficient irrigation systems, land leveling, wells, pipelines, pumps and storage, stream bank stabilization and restoration, pasture seeding and management, fencing, wind breaks, and alluvial wells. Not more than half of the amounts in the Navajo Nation Agricultural Conservation Trust Fund Account may be used for replacement and development of livestock wells and impoundments on the Navajo Reservation and Navajo Trust Land. Amounts in the Navajo Nation Renewable Energy Trust Fund Account may only be used to pay the cost of planning, designing, and constructing renewable energy facilities to support the costs of operating the Navajo Nation Water projects and the iiná bá – paa tuwaqat’si pipeline. Amounts in the Navajo Nation Lower Basin Colorado River Water Acquisition Trust Fund Account may only be used to purchase land within the State and associated Lower Basin Colorado River Water Rights. The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Navajo Nation Water Settlement Trust Fund by the Navajo Nation pursuant to subsection (e). Title to, control over, and operation of any project constructed using funds from the Navajo Nation Water Settlement Trust Fund shall remain in the Navajo Nation. If the activities described in any of paragraphs
(1)through
(5)of subsection
(f)are complete and amounts remain in the applicable Trust Fund Account described in those paragraphs, the Secretary, at the request of the Navajo Nation, shall transfer the remaining amounts to one of the other accounts within the Navajo Nation Water Settlement Trust Fund. In its sole discretion, the Navajo Nation may use amounts in the Navajo Nation Water Settlement Trust Fund to supplement funds in the iiná bá – paa tuwaqat’si pipeline Implementation Fund Account. The Navajo Nation shall submit to the Secretary an annual expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan approved under paragraph
(1)of subsection
(e)or an expenditure plan approved under paragraph
(2)of that subsection. No principal or interest amount in any account established by this section shall be distributed to any member of the Navajo Nation on a per capita basis. Nothing in this section entitles the Navajo Nation to judicial review of a determination of the Secretary relating to whether to approve a Tribal management plan under paragraph
(1)of subsection
(e)or an expenditure plan under paragraph
(2)of that subsection, except as provided under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ).
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