Sec. 6. Navajo Nation Rio San José Settlement Trust Fund
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The Secretary shall establish a trust fund, to be known as the Navajo Nation Rio San José 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Trust Fund , to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the Navajo Trust Fund under subsection (c), together with any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 Trust Fund the following accounts: The Navajo Nation Water Rights Settlement Account. The Navajo Nation Operations and Maintenance Account. The Secretary shall deposit in the Navajo Trust Fund the amounts made available pursuant to section 7(a). On receipt and deposit of funds into the Navajo Trust Fund under subsection (c), the Secretary shall manage, invest, and distribute all amounts in the Navajo 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 Trust Fund under subsection (c), any investment earnings, including interest, earned on those amounts held in the Navajo Trust Fund are authorized to be used in accordance with subsections
(f)and (h). Amounts appropriated to, and deposited in, the Navajo Trust Fund, including any investment earnings, including interest, earned on those amounts, shall be made available to the Nation by the Secretary beginning on the Enforceability Date, subject to the requirements of this section, except for funds to be made available to the Nation pursuant to paragraph (2). Notwithstanding paragraph (1), up to $15,000,000 of the amounts deposited in the Navajo Nation Water Rights Settlement Account, including any investment earnings, including interest, earned on those amounts, shall be available to the Nation on the date on which the amounts are deposited in the Navajo Nation Water Rights Settlement Account for the following uses: Feasibility studies, planning, engineering, design, and related environmental, cultural, and historical compliance, and obtaining rights-of-way or permits for water supply infrastructure to serve Navajo Nation needs consistent with subsection (h)(1)(B). Installing, on Navajo Lands, groundwater wells and associated infrastructure to meet immediate domestic, commercial, municipal and industrial water needs, and associated environmental, cultural, and historical compliance. The Navajo Nation may withdraw any portion of the amounts in the Navajo Trust Fund on approval by the Secretary of a Tribal management plan submitted by the 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 Nation shall spend all amounts withdrawn from the Navajo 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 this paragraph to ensure that amounts withdrawn by the Nation from the Navajo Trust Fund under subparagraph
(A)are used in accordance with this Act. The Navajo Nation may submit to the Secretary a request to withdraw funds from the Navajo Trust Fund pursuant to an approved expenditure plan. To be eligible to withdraw amounts under an expenditure plan under subparagraph (A), the Nation shall submit to the Secretary an expenditure plan for any portion of the Navajo Trust Fund that the Nation 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 this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Navajo Trust Fund will be used by the Nation, in accordance with this subsection and subsection (h). 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 the Navajo Nation 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
(f)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 Navajo Nation Water Rights Settlement Account may only be used for the following purposes: Acquiring water rights or water supply. Planning, permitting, designing, engineering, constructing, reconstructing, replacing, rehabilitating, operating, or repairing water production, treatment, or delivery infrastructure, including for domestic and municipal use, on-farm improvements, or wastewater infrastructure. Navajo Nation’s Water Rights management and administration. Watershed protection and enhancement, support of agriculture, water-related Navajo community welfare and economic development, and costs relating to implementation of the Agreement. Environmental compliance in the development and construction of infrastructure under this Act. The Navajo Nation Water Infrastructure Operations and Maintenance Account may only be used to pay costs for operation, maintenance, and replacement of water infrastructure to serve Navajo domestic, commercial, municipal, and industrial water uses from any water source. The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Navajo Trust Fund by the Nation under paragraph
(1)or
(2)of subsection (f). The Navajo Nation 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 (f), as applicable. No portion of the Navajo Trust Fund shall be distributed on a per capita basis to any member of Navajo Nation. Title to, control over, and operation of any project constructed using funds from the Navajo Trust Fund shall remain in the Navajo Nation. All operation, maintenance, and replacement costs of any project constructed using funds from the Navajo Trust Fund shall be the responsibility of the Nation.
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