Sec. 6. Settlement Trust Fund
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The Secretary shall establish a trust fund, to be known as the Ohkay Owingeh Water Rights 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Trust Fund , to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the Trust Fund under subsection (b), together with any investment earnings, including 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 7(a).
On receipt and deposit of funds into the Trust Fund under subsection (b), 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 amounts deposited into the Trust Fund under subsection (b), any investment earnings, including interest, earned on those amounts held in the Trust Fund are authorized to be used in accordance with subsections
(e)and (g). Amounts appropriated to, and deposited in, the Trust Fund, including any investment earnings (including interest) earned on those amounts, shall be made available to Ohkay Owingeh by the Secretary beginning on the Enforceability Date, subject to the requirements of this section, except for funds to be made available to Ohkay Owingeh pursuant to paragraph (2). Notwithstanding paragraph (1), not more than $100,000,000 of the amounts deposited in the Trust Fund, including any investment earnings, including interest, earned on those amounts, shall be available to Ohkay Owingeh for the following uses on the date on which the amounts are deposited in the Trust Fund: Diversions of surface water and groundwater to the Rio Chama bosque for immediate and essential restoration and maintenance of the bosque. Fulfillment of the contribution of the Pueblo under the Agreement for improvements to senior acequias on Pueblo Land supplying water to the Pueblo and non-Indians. Establishment and operation of the water rights management administrative department of the Pueblo. Acquisition of water rights. Development of water infrastructure plans, preparing environmental compliance documents, and water project engineering and construction. The Pueblo may withdraw any portion of the amounts in the Trust Fund on approval by the Secretary of a Tribal management plan submitted by the Pueblo 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 subparagraph
(A)shall require that the Pueblo shall spend all amounts withdrawn from the Trust Fund, and any investment earnings (including interest) earned on those amounts 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 under subparagraph
(A)to ensure that amounts withdrawn by the Pueblo from the Trust Fund under that subparagraph are used in accordance with this Act. Ohkay Owingeh may submit to the Secretary a request to withdraw funds from the Trust Fund pursuant to an approved expenditure plan. To be eligible to withdraw amounts under an expenditure plan under subparagraph (A), the Pueblo shall submit to the Secretary an expenditure plan for any portion of the Trust Fund the Pueblo elects to withdraw pursuant to that subparagraph, subject to the condition that the amounts shall be used for the purposes described in this Act. An expenditure plan under subparagraph
(A)shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Trust Fund will be used by Ohkay Owingeh, in accordance with this subsection and subsection (g). The Secretary shall approve an expenditure plan submitted under subparagraph
(A)if the Secretary determines that the 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 to ensure that amounts disbursed under this paragraph are used in accordance with this Act. Nothing in this section gives Ohkay Owingeh the right 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 under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ). The Trust Fund may only be used for the following purposes: Planning, permitting, designing, engineering, constructing, reconstructing, replacing, rehabilitating, operating, or repairing water production, treatment, or delivery infrastructure, including for domestic and municipal supply or wastewater infrastructure. Planning, permitting, designing, engineering, constructing, reconstructing, replacing, rehabilitating, operating, or repairing water production, treatment, or delivery infrastructure, acquisition of water, or on-farm improvements for irrigation, livestock, and support of agriculture. Planning, permitting, designing, engineering, constructing, reconstructing, replacing, rehabilitating, operating, monitoring or other measures for watershed and endangered species habitat protection, bosque restoration or improvement (including any required cost shares for and allowable contributions to a Federal project or program), land and water rights acquisition, water-related Pueblo community welfare and economic development, and costs relating to implementation of the Agreement. The management and administration of any water rights of the Pueblo. Ensuring environmental compliance in the development and construction of projects under this Act. The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Trust Fund by the Pueblo under paragraph
(1)or
(2)of subsection (e). Ohkay Owingeh shall annually submit to the Secretary an expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan or an expenditure plan under paragraph
(1)or
(2)of subsection (e), as applicable. No portion of the Trust Fund shall be distributed on a per capita basis to any member of Ohkay Owingeh. Title to, control over, and operation of any project constructed using funds from the Trust Fund shall remain in Ohkay Owingeh, except that title to projects that are improved with funds from the Trust Fund for the mutual benefit of the Pueblo and non-Indians, on property owned by non-Indians, shall remain with the underlying non-Indian owner. All operation, maintenance, and replacement costs of any project constructed using funds from the Trust Fund shall be the responsibility of Ohkay Owingeh.
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