Sec. 6. Settlement trust fund
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The Secretary shall establish a trust fund, to be known as the Agua Caliente 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Trust Fund , to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of amounts deposited in the Agua Caliente Settlement Trust Fund under subsection (c), together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 Agua Caliente Settlement Trust Fund the following accounts: Agua Caliente Development Projects Account. Agua Caliente Groundwater Augmentation Account. Agua Caliente Water Management Account. Agua Caliente Operation, Maintenance, and Replacement Costs Account. The Secretary shall deposit in the Agua Caliente Settlement Trust Fund the amounts made available under section 7(a). On receipt and deposit of funds into the Agua Caliente Settlement Trust Fund under subsection (c), the Secretary shall manage, invest, and distribute all amounts in the Agua Caliente 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 amounts deposited under subsection (c), any investment earnings, including interest, earned on those amounts, held in the Agua Caliente Settlement Trust Fund are authorized to be used in accordance with subsections
(e)and (h). Amounts appropriated to, and deposited in, the Agua Caliente Settlement Trust Fund, including any investment earnings or interest earned on those amounts, shall be made available to the Tribe by the Secretary beginning on the Enforceability Date, subject to the requirements of this section, except for funds to be made available to the Tribe pursuant to paragraph (2). Notwithstanding paragraph (1), $50,000,000 of the amounts deposited into the Agua Caliente Development Projects Account shall be available to the Tribe on the date on which the amounts are deposited, for uses described in subsection (h)(1). The Tribe may withdraw any portion of the amounts in the Agua Caliente Settlement Trust Fund on approval by the Secretary of a Tribal management plan submitted by the 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 Tribe shall spend all amounts withdrawn from the Agua Caliente Settlement Trust Fund, and any investment earnings (including interest) earned in those amounts, through the investments under the Tribal management plan, in accordance with this Act and the Agreement. 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 Tribe from the Agua Caliente Settlement Trust Fund under subparagraph
(A)are used in accordance with this Act. The Tribe may submit to the Secretary a request to withdraw amounts from the Agua Caliente Settlement Trust Fund pursuant to an approved expenditure plan. To be eligible to withdraw amounts under an expenditure plan under subparagraph (A), the Tribe shall submit to the Secretary an expenditure plan for any portion of the Agua Caliente Settlement Trust Fund the Tribe elects to withdraw pursuant to this subparagraph, subject to the condition that the amounts shall be used for the purposes described in this Act and the Agreement. An expenditure plan submitted under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Agua Caliente Settlement Trust Fund will be used by the Tribe, 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 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 to ensure that amounts withdrawn under this paragraph are used in accordance with this Act. Nothing in this section gives the Tribe the right to judicial review of a determination by the Secretary relating to whether to approve the 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 Agua Caliente Development Projects Account established under subsection (b)(1) may be used for the cost of planning, permitting, designing, engineering, investing in, and constructing water-related projects and facilities which improve the water supply, water reliability, water infrastructure, or water quality for water supplying the Agua Caliente Indian Reservation or the Indio Subbasin, including but not limited to recycling projects, and for conducting related activities, including environmental compliance in the development and construction of projects under this Act. The Agua Caliente Groundwater Augmentation Account established under subsection (b)(2) shall be used by the Tribe, subject to and in accordance with the Agreement, to reimburse, together with any interest earned on those funds, the Water Districts for investments that the Water Districts have made or will make in projects that will augment Groundwater supplies in the Indio Subbasin and support Groundwater levels under the Reservation. The Agua Caliente Water Management Account established under subsection (b)(3) may be used for Tribal Water Right management and administration. The Agua Caliente Operation, Maintenance and Replacement Costs Account established under subsection (b)(4) may be used for operating, maintaining, rehabilitating, reconstructing and replacing water infrastructure for any Agua Caliente Development Projects, including but not limited to recycled water projects. The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Agua Caliente Settlement Trust Fund by the Tribe under paragraph
(1)or
(2)of subsection (f). The Tribe shall annually submit to the Secretary an expenditure report describing accomplishments and amounts spent from the use of withdrawals under the Tribal management plan or an expenditure plan under paragraph
(1)or
(2)of subsection (f), as applicable. No portion of the Agua Caliente Settlement Trust Fund shall be distributed on a per capita basis to any Tribal Member. Title to, control over, and operation of any project constructed using funds from the Agua Caliente Settlement Trust Fund shall remain in the Tribe, unless the Tribe otherwise agrees, and except for projects that receive funding under this Act, only through the Agua Caliente Groundwater Augmentation Account, in accordance with the Agreement. Notwithstanding section 5(i), if the Tribe and a Water District agree to fund a project from both the Agua Caliente Groundwater Augmentation Account and other sources of funding secured by the Tribe, the Tribe and Water District will determine appropriate title, control, and operation of the project or project components. All operation, maintenance, and replacement costs of any project constructed using funds from the Agua Caliente Settlement Trust Fund shall be the responsibility of the Tribe, unless the Tribe otherwise agrees, and except for projects that receive funding under this Act, only through the Agua Caliente Groundwater Augmentation Account, in accordance with the Agreement. Notwithstanding section 5(i), if the Tribe and a Water District agree to fund a project from both the Agua Caliente Groundwater Augmentation Account and other sources of funding secured by the Tribe, the Tribe and Water District will determine the appropriate sharing of operation, maintenance, and replacement costs.
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