Sec. 105. Settlement trust funds
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The Secretary shall establish 2 trust funds, to be known as the Pueblo of Acoma Settlement Trust Fund and the Pueblo of Laguna Settlement Trust Fund , and a trust fund for the benefit of both Pueblos to be known as the Acomita Reservoir Works Trust Fund , to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the Pueblo Trust Funds under subsection (c), together with any investment earnings, including interest, earned on those amounts, for the purpose of carrying out this title.
The Secretary shall establish in the Pueblo of Acoma Settlement Trust Fund established under subsection
(a)the following accounts: The Water Rights Settlement Account. The Water Infrastructure Operations and Maintenance Account. The Feasibility Studies Settlement Account. The Secretary shall establish in the Pueblo of Laguna Settlement Trust Fund established under subsection
(a)the following accounts: The Water Rights Settlement Account. The Water Infrastructure Operations and Maintenance Account. The Feasibility Studies Settlement Account. The Secretary shall deposit in each Pueblo Trust Fund the amounts made available pursuant to section 106(a). On receipt and deposit of funds into the Pueblo Trust Funds under subsection (c), 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 (c), any investment earnings, including interest, earned on those amounts held in each Pueblo Trust Fund are authorized to be used in accordance with subsections
(f)and (h). 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 the Pueblo or Pueblos by the Secretary beginning on the Enforceability Date, subject to the requirements of this section, except for those funds to be made available to the Pueblos pursuant to paragraph (2). Notwithstanding paragraph (1)— amounts deposited in the Feasibility Studies Settlement Account of each Pueblo Trust Fund, including any investment earnings, including interest, earned on those amounts, shall be available to the Pueblo on the date on which the amounts are deposited for uses described in subsection (h)(3), and in accordance with the Agreement; amounts deposited in the Acomita Reservoir Works Trust Fund, including any investment earnings, including interest, earned on those amounts, shall be available to the Pueblos on the date on which the amounts are deposited for uses described in subsection (h)(4), and in accordance with the Agreement; and up to $15,000,000 from the Water Rights Settlement Account for each Pueblo shall be available on the date on which the amounts are deposited for installing, on Pueblo Lands, groundwater wells to meet immediate domestic, commercial, municipal and industrial water needs, and associated environmental, cultural, and historical compliance. Each Pueblo may withdraw any portion of the amounts in its respective Settlement Trust Fund on approval by the Secretary of a Tribal management plan submitted by each 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 Funds 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), the appropriate 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 (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 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. A Pueblo may submit to the Secretary a request to withdraw funds from the Acomita Reservoir Works Trust Fund pursuant to an approved joint expenditure plan. To be eligible to withdraw amounts under a joint expenditure plan under subparagraph (A), the Pueblos shall submit to the Secretary a joint expenditure plan for any portion of the Acomita Reservoir Works Trust Fund that the Pueblos elect to withdraw pursuant to this subparagraph, subject to the condition that the amounts shall be used for the purposes described in subsection (h)(4). Each request to withdraw amounts under a joint expenditure plan submitted under clause
(i)shall be accompanied by a written resolution from the Tribal councils of both Pueblos approving the requested use and disbursement of funds. A joint expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Acomita Reservoir Works Trust Fund will be used by the Pueblo or Pueblos to whom the funds will be disbursed, in accordance with subsection (h)(4). The Secretary shall approve a joint 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 a joint 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
(f)or an expenditure plan under paragraph
(2)or
(3)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 Water Rights Settlement Account for each Pueblo 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. Pueblo Water Rights management and administration. Watershed protection and enhancement, support of agriculture, water-related Pueblo community welfare and economic development, and costs relating to implementation of the Agreement. Environmental compliance in the development and construction of infrastructure under this title. The Water Infrastructure Operations and Maintenance Account for each Pueblo may only be used to pay costs for operation and maintenance of water infrastructure to serve Pueblo domestic, commercial, municipal, and industrial water uses from any water source. The Feasibility Studies Settlement Account for each Pueblo may only be used to pay costs for feasibility studies of water supply infrastructure to serve Pueblo domestic, commercial, municipal, and industrial water uses from any water source. The Acomita Reservoir Works Trust Fund may only be used for planning, permitting, designing, engineering, constructing, reconstructing, replacing, rehabilitating, maintaining, or repairing Acomita reservoir, its dam, inlet works, outlet works, and the North Acomita Ditch from the Acomita Reservoir outlet on the Pueblo of Acoma through its terminus on the Pueblo of Laguna. The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Pueblo Trust Funds by a Pueblo under paragraph (1), (2), or
(3)of subsection (f). 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), (2), or
(3)of subsection (f), as applicable. No portion of the Pueblo Trust Funds 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 the Pueblo Trust Funds shall remain in the appropriate Pueblo or Pueblos. All operation, maintenance, and replacement costs of any project constructed using funds from the Pueblo Trust Funds shall be the responsibility of the appropriate Pueblo or Pueblos.
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