Sec. 11. Hopi Tribe Settlement Trust Fund
1,241 words·~6 min read·
/bill/118/hr/8940/ih/section-11A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary shall establish a trust fund for the Hopi Tribe, to be known as the Hopi Tribe 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Trust Fund , to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the Hopi Tribe Water Settlement Trust Fund under subsection (c),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 Hopi Tribe Water Settlement Trust Fund the following accounts: The Hopi Tribe Groundwater Projects Trust Fund Account. The Hopi Tribe OM&R Trust Fund Account. The Hopi Tribe Agricultural Conservation Trust Fund Account. The Hopi Tribe Lower Basin Colorado River Water Acquisition Trust Fund Account. The Secretary shall deposit— in the Hopi Tribe Groundwater Projects Trust Fund Account, the amounts made available pursuant to clause
(i)of section 13(b)(3)(B); in the Hopi Tribe OM&R Trust Fund Account, the amounts made available pursuant to clause
(ii)of that section; in the Hopi Tribe Agricultural Conservation Trust Fund Account, the amounts made available pursuant to clause
(iii)of that section; and in the Hopi Tribe Lower Basin Colorado River Water Acquisition Trust Fund Account, the amounts made available pursuant to clause
(iv)of that section. On receipt and deposit of the funds into the accounts in the Hopi Tribe Water Settlement Trust Fund pursuant to subsection (c), 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 subsection. In addition to the deposits made to the Hopi Tribe Water Settlement Trust Fund under subsection (c), any investment earnings, including interest, credited to amounts held in accounts of the Hopi Tribe Water Settlement Trust Fund are authorized to be appropriated to be used in accordance with subsection (f). The Hopi Tribe may withdraw any portion of the amounts in the Hopi Tribe Water Settlement Trust Fund on approval by the Secretary of a Tribal management plan submitted by the Hopi Tribe 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 Hopi Tribe spend all amounts withdrawn from the Hopi Tribe Water Settlement Trust Fund Accounts, 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 Hopi Tribe Water Settlement Trust Fund by the Hopi Tribe under this paragraph are used in accordance with this Act. The Hopi Tribe may submit to the Secretary a request to withdraw funds from the Hopi Tribe Water Settlement Trust Fund pursuant to an approved expenditure plan. To be eligible to withdraw funds under an expenditure plan under this paragraph, the Hopi Tribe shall submit to the Secretary for approval an expenditure plan for any portion of the Hopi Tribe Water Settlement Trust Fund that the Hopi Tribe 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 Hopi Tribe Water Settlement Trust Fund Accounts will be used by the Hopi Tribe 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 Hopi Tribe Water Settlement Trust Fund shall be used by the Hopi Tribe for the following purposes: Amounts in the Hopi Tribe Groundwater Projects Trust Fund Account may only be used for the purpose of environmental compliance, planning, engineering and design activities, and construction to deliver water to Hopi communities. Amounts in the Hopi Tribe OM&R Trust Fund Account may only be used to pay the OM&R costs of the Hopi Groundwater projects described in paragraph
(1)and the iiná bá – paa tuwaqat’si pipeline project. Amounts in the Hopi Tribe Agricultural Conservation Trust Fund Account may only be used to pay the costs of improvements to reduce water shortages on the historically irrigated land and grazing land of the Hopi Tribe, including sprinklers, drip or other efficient irrigation systems, land leveling, wells, impoundments, pipelines, pumps and storage, stream bank stabilization and restoration, pasture seeding and management, fencing, and wind breaks or alluvial wells, and spring restoration, repair, replacement, and relocation of low technology structures to support Akchin farming, flood-water farming, and other traditional farming practices. Amounts in the Hopi Tribe 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 Hopi Tribe Water Settlement Trust Fund Accounts by the Hopi Tribe pursuant to subsection (e). Title to, control over, and operation of any project constructed using funds from the Hopi Tribe Water Settlement Trust Fund shall remain in the Hopi Tribe. If the activities described in any of paragraphs
(1)through
(4)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 Hopi Tribe, shall transfer the remaining amounts to one of the other accounts within the Hopi Tribe Water Settlement Trust Fund. In its sole discretion, the Hopi Tribe may use amounts in the Hopi Tribe Water Settlement Trust Fund to supplement funds in the iiná bá – paa tuwaqat’si pipeline Implementation Fund Account. The Hopi Tribe shall submit to the Secretary an annual expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan under paragraph
(1)of subsection
(e)or an expenditure plan 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 Hopi Tribe on a per capita basis. Nothing in this section entitles the Hopi Tribe to judicial review of a determination of the Secretary regarding 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 ).
Connectionstraces to 2
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources