Sec. 205. Settlement trust funds
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The Secretary shall establish 2 trust funds, to be known as the Pueblo of Jemez Settlement Trust Fund and the Pueblo of Zia 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Trust Fund , to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the Pueblo Trust Funds under subsection (b), together with any investment earnings, including interest, earned on those amounts for the purpose of carrying out this title.
The Secretary shall deposit in each Pueblo Trust Fund the amounts made available pursuant to section 206(a). On receipt and deposit of funds into the Pueblo Trust Funds under subsection (b), the Secretary shall manage, invest, and distribute all amounts in the Pueblo Trust Funds 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 each Pueblo Trust Fund under subsection (b), any investment earnings, including interest, earned on those amounts held in each Pueblo Trust Fund are authorized to be used in accordance with subsections
(e)and (g). Amounts appropriated to, and deposited in, each Pueblo Trust Fund, including any investment earnings (including interest) earned on those amounts, shall be made available to each Pueblo by the Secretary beginning on the Enforceability Date, subject to the requirements of this section, except for funds to be made available to the Pueblos pursuant to paragraph (2). Notwithstanding paragraph (1), $25,000,000 of the amounts deposited in each Pueblo Trust Fund shall be available to the appropriate Pueblo for— developing economic water development plans; preparing environmental compliance documents; preparing water project engineering designs; establishing and operating a water resource department; installing supplemental irrigation groundwater wells; and developing water measurement and reporting water use plans. Each Pueblo may withdraw any portion of the amounts in the Pueblo 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 this paragraph shall require that the appropriate Pueblo shall spend all amounts withdrawn from each Pueblo Trust Fund, and any investment earnings (including interest) earned on those amounts through the investments under the Tribal management plan, in accordance with this title. 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 each Pueblo from the Pueblo Trust Fund of the Pueblo under subparagraph
(A)are used in accordance with this title. Each Pueblo may submit to the Secretary a request to withdraw funds from the Pueblo Trust Fund of the Pueblo pursuant to an approved expenditure plan. To be eligible to withdraw amounts under an expenditure plan under subparagraph (A), each Pueblo shall submit to the Secretary an expenditure plan for any portion of the Pueblo Trust Fund that 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 title. 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 Pueblo Trust Fund will be used by the Pueblo, 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 title. 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 title. Nothing in this section gives the Pueblos 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 ). Amounts from a Pueblo Trust Fund may only be used by the appropriate Pueblo 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 use, on-farm improvements, or wastewater infrastructure. Watershed protection and enhancement, support of agriculture, water-related Pueblo community welfare and economic development, and costs related to implementation of the Agreement. Planning, permitting, designing, engineering, construction, reconstructing, replacing, rehabilitating, operating, or repairing water production of delivery infrastructure of the Augmentation Project, as set forth in the Agreement. Ensuring environmental compliance in the development and construction of projects under this title. The management and administration of the Pueblo Water Rights. The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from a Pueblo Trust Fund by a Pueblo under paragraph
(1)or
(2)of subsection (e). Each Pueblo 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 a Pueblo Trust Fund shall be distributed on a per capita basis to any member of a Pueblo. Title to, control over, and operation of any project constructed using funds from a Pueblo Trust Fund shall remain in the appropriate Pueblo. All operation, maintenance, and replacement costs of any project constructed using funds from a Pueblo Trust Fund shall be the responsibility of the appropriate Pueblo.
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