Sec. 8. Yavapai-Apache Nation Water Settlement Trust Fund
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The Secretary shall establish a trust fund for the Yavapai-Apache Nation, to be known as the Yavapai-Apache Nation Water Settlement Trust Fund (referred to in this section as the Trust Fund ), to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the Trust Fund under subsection (c), together with any investment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 Trust Fund the following accounts: The Yavapai-Apache Water Settlement Implementation Account. The Yavapai-Apache Water Projects Account. The Yavapai-Apache Wastewater Projects Account. The Yavapai-Apache OM&R Account. The Yavapai-Apache Watershed Rehabilitation and Restoration Account. The Secretary shall deposit— in the Yavapai-Apache Water Settlement Implementation Account established under subsection (b)(1), the amounts made available pursuant to subparagraph
(A)of section 10(a)(2); in the Yavapai-Apache Water Projects Account established under subsection (b)(2), the amounts made available pursuant to subparagraph
(B)of that section; in the Yavapai-Apache Wastewater Projects Account established under subsection (b)(3), the amounts made available pursuant to subparagraph
(C)of that section; in the Yavapai-Apache OM&R Account established under subsection (b)(4), the amounts made available pursuant to subparagraph
(D)of that section; and in the Yavapai-Apache Watershed Rehabilitation and Restoration Account established under subsection (b)(5), the amounts made available pursuant to subparagraph
(E)of that section. On receipt and deposit of amounts into the 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 Trust Fund under subsection (c), any investment earnings, including interest, credited to amounts in the Trust Fund are authorized to be used in accordance with subsection (g). Amounts deposited in the Trust Fund (including any investment earnings) shall be made available to the Yavapai-Apache Nation by the Secretary beginning on the Enforceability Date, subject to the requirements of this Act. The Yavapai-Apache Nation may withdraw any portion of the amounts in the 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 subsection shall require that the Yavapai-Apache Nation spend all amounts withdrawn from the Trust Fund 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 by the Yavapai-Apache Nation from the Trust Fund under this subsection are used in accordance with this Act. The Yavapai-Apache Nation 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 this paragraph, the Yavapai-Apache Nation shall submit to the Secretary an expenditure plan for any portion of the Trust Fund that the Yavapai-Apache Nation elects to withdraw pursuant to this paragraph, 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 Trust Fund will be used by the Yavapai-Apache Nation in accordance with this Act. The Secretary shall approve an expenditure plan submitted under subparagraph
(B)if the Secretary determines that the expenditure plan— is reasonable; and is consistent with, and will be used to carry out, 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 subsection are used in accordance with this Act. The amounts from the Trust Fund shall be used by the Yavapai-Apache Nation for the following purposes: Amounts in the Yavapai-Apache Water Settlement Implementation Account established under subsection (b)(1) may only be used— to pay fees and costs incurred by the Yavapai-Apache Nation for filing and processing any application or obtaining any permit required under paragraph 5.0, 8.0, or 11.0 of the Agreement; to pay costs incurred by the Yavapai-Apache Nation to participate in the planning, preliminary design, and environmental compliance activities for the Cragin-Verde Pipeline Project; to engage in water management planning to comply with paragraph 12.0 of the Agreement; and to pay, reimburse, or retire debt for costs incurred by the Yavapai-Apache Nation after the date of enactment of this Act for work under subparagraph (A), (B), or (C). Amounts in the Yavapai-Apache Water Projects Account established under subsection (b)(2) may only be used— for environmental compliance, permitting, planning, engineering and design, and construction, including acquisition of any necessary rights-of-way or other interests in land, and any other related activities necessary for the completion of construction for— expansion of the YAN Drinking Water System Project after the Date of Substantial Completion; water infrastructure, and water storage and recovery projects, that facilitate the use or management of the water sources identified in subparagraph 4.1 of the Agreement; and the proportionate share of the Yavapai-Apache Nation for any joint project with communities in the Verde Valley Watershed that facilitate the use or management of the water sources identified in subparagraph 4.1 of the Agreement; and to pay, reimburse, or retire debt for costs incurred by the Yavapai-Apache Nation after the date of enactment of this Act for projects under subparagraph (A). Amounts in the Apache Wastewater Projects Account established under subsection (b)(3) may only be used— for environmental compliance, planning, permitting, engineering and design, and construction, including acquisition of any necessary rights-of-way or other interests in land, and any other related activities necessary for the completion of construction for— wastewater infrastructure, and wastewater storage and recovery projects, that facilitate the reuse or management of Effluent; and the proportionate share of the Yavapai-Apache Nation for any joint project or projects with communities in the Verde Valley Watershed that facilitate the reuse or management of Effluent; to pay, reimburse, or retire debt for costs incurred by the Yavapai-Apache Nation after the date of enactment of this Act for projects under subparagraph (A); and to pay the outstanding debt on the loan of the Yavapai-Apache Nation with the Water Infrastructure and Finance Authority of Arizona for the construction of the Middle Verde Water Reclamation Facility; and to reimburse the Yavapai-Apache Nation up to $8,000,000 in additional construction costs related to construction of the Middle Verde Water Reclamation Facility. Amounts in the Yavapai-Apache OM&R Account established under subsection (b)(4) may only be used to pay— OM&R and energy costs for the Tú ńlį́į́níchoh Water Infrastructure Project, including the Cragin-Verde Pipeline Project and the YAN Drinking Water System Project; OM&R, energy costs, and any other charges assessed to the Yavapai-Apache Nation pursuant to the YAN-SRP Water Delivery and Use Agreement, the YAN-SRP Exchange Agreement, and the YAN Amended CAP Water Delivery Contract; OM&R for Yavapai-Apache Nation projects described in paragraphs (2), (3), and (5); and OM&R, energy costs, and other charges incurred by the Nation for the storage, transportation and recovery of water or Effluent. Amounts in the Yavapai-Apache Watershed Rehabilitation and Restoration Account established under subsection (b)(5) may only be used for the purpose of environmental compliance, permitting, planning, engineering and design activities, and construction of projects for the protection and restoration of the Verde River Watershed, and any other related activities necessary for the completion of such projects. 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 Yavapai-Apache Nation under subsection (f). Title to, control over, and operation of any project constructed using funds from the Trust Fund shall remain in the Yavapai-Apache Nation. No portion of the Trust Fund shall be distributed on a per capita basis to any Member of the Yavapai-Apache Nation. The Yavapai-Apache Nation shall annually submit to the Secretary an expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan under subsection (f)(1) or an expenditure plan under subsection (f)(2). Nothing in this section gives the Yavapai-Apache Nation the right to judicial review of a determination of the Secretary relating to whether to approve a Tribal management plan under subsection (f)(1) or an expenditure plan under subsection (f)(2) except under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ).
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