Sec. 12. San Juan Southern Paiute Tribe Water Settlement Trust Fund
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The Secretary shall establish a trust fund for the San Juan Southern Paiute Tribe, to be known as the San Juan Southern Paiute Tribe Water 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Trust Fund , to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the Trust Fund Accounts under subsection (c), together with any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 San Juan Southern Paiute Tribe Water Settlement Trust Fund the following accounts: The San Juan Southern Paiute Tribe Groundwater Projects Trust Fund Account. The San Juan Southern Paiute Tribe Agricultural Conservation Trust Fund Account. The San Juan Southern Paiute Tribe OM&R Trust Fund Account. The Secretary shall deposit— in the San Juan Southern Paiute Tribe Groundwater Projects Trust Fund Account, the amounts made available pursuant to subparagraph (C)(i) of section 13(b)(3); in the San Juan Southern Paiute Tribe Agricultural Conservation Trust Fund Account, the amounts made available pursuant to subparagraph (C)(iii) of that section; and in the San Juan Southern Paiute Tribe OM&R Trust Fund Account, the amounts made available pursuant to subparagraph (C)(ii) of that section.
On receipt and deposit of the funds into the accounts in the San Juan Southern Paiute Water Settlement Trust Fund Accounts pursuant to subsection (c), the Secretary shall manage, invest, and distribute all amounts in the San Juan Southern Paiute Water Settlement Trust Fund Accounts 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 San Juan Southern Paiute Tribe Water Settlement Trust Fund under subsection (c), any investment earnings, including interest, credited to amounts held in accounts of the San Juan Southern Paiute Tribe Water Settlement Trust Fund are authorized to be appropriated to be used in accordance with subsection (f). The San Juan Southern Paiute Tribe may withdraw any portion of the amounts in the San Juan Southern Paiute Tribe Water Settlement Trust Fund on approval by the Secretary of a Tribal management plan submitted by the San Juan Southern Paiute 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 San Juan Southern Paiute Tribe spend all amounts withdrawn from the San Juan Southern Paiute Tribe Water Settlement 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 from the San Juan Southern Paiute Tribe Water Settlement Trust Fund by the San Juan Southern Paiute Tribe under this paragraph are used in accordance with this Act.
The San Juan Southern Paiute Tribe may submit to the Secretary a request to withdraw funds from the San Juan Southern Paiute Tribe Water Settlement Trust Fund pursuant to an approved expenditure plan. To be eligible to withdraw funds under an expenditure plan under this paragraph, the San Juan Southern Paiute Tribe shall submit to the Secretary for approval an expenditure plan for any portion of the San Juan Southern Paiute Tribe Water Settlement Trust Fund that the San Juan Southern Paiute Tribe elects to withdraw pursuant to this paragraph, subject to the condition that the funds 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 San Juan Southern Paiute Tribe Water Settlement Trust Fund Accounts will be used by the San Juan Southern Paiute Tribe in accordance with subsection (f). On receipt of an expenditure plan under this paragraph, the Secretary shall approve the expenditure plan 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 under this paragraph to ensure that amounts disbursed under this paragraph are used in accordance with this Act. Amounts from the San Juan Southern Paiute Tribe Water Settlement Trust Fund shall be used by the San Juan Southern Paiute Tribe for the following purposes: Amounts in the San Juan Southern Paiute Tribe Groundwater Projects Trust Fund Account may only be used to pay the cost of designing and constructing water projects, including Water treatment facilities, pipelines, storage tanks, pumping stations, pressure reducing valves, electrical transmission facilities, and the other appurtenant items, including real property and easements necessary to deliver water to the areas served.
Subject to subparagraph (B), amounts in the San Juan Southern Paiute Tribe Agricultural Conservation Trust Fund Account may only be used to pay the costs of improvements to reduce water shortages on the historically irrigated land of the San Juan Southern Paiute Tribe, including sprinklers, drip or other efficient irrigation systems, land leveling, wells, pipelines, pumps and storage, stream bank stabilization and restoration, pasture seeding and management, fencing, wind breaks, and alluvial wells.
Not more than half of the amounts in the San Juan Southern Paiute Tribe Agricultural Conservation Trust Fund Account may be used for replacement and development of livestock wells and impoundments on San Juan Southern Paiute Land. Amounts in the San Juan Southern Paiute Tribe OM&R Trust Fund Account may only be used to pay the OM&R costs of the San Juan Southern Paiute Tribe Water projects described in paragraph
(1)and for the imputed costs for delivery of water from the iiná bá – paa tuwaqat’si pipeline. The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the San Juan Southern Paiute Tribe Water Settlement Trust Fund Accounts by the San Juan Southern Paiute Tribe pursuant to subsection (e). Title to, control over, and operation of any project constructed using funds from the San Juan Southern Paiute Tribe Water Settlement Trust Fund shall remain in the San Juan Southern Paiute Tribe. If the activities described in any of paragraphs
(1)through
(3)of subsection
(f)are complete and amounts remain in the applicable Trust Fund Account described in those paragraphs, the Secretary, at the request of the San Juan Southern Paiute Tribe, shall transfer the remaining amounts to one of the other accounts within the San Juan Southern Paiute Tribe Water Settlement Trust Fund. In its sole discretion, the San Juan Southern Paiute Tribe may use amounts in the San Juan Southern Paiute Tribe Water Settlement Trust Fund to supplement funds in the iiná bá – paa tuwaqat’si pipeline Implementation Fund Account. The San Juan Southern Paiute Tribe shall submit to the Secretary an annual expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan submitted under paragraph
(1)of subsection
(e)or an expenditure plan under paragraph
(2)of that subsection. No principal or interest amount in any account established by this section shall be distributed to any Member of the San Juan Southern Paiute Tribe on a per capita basis. Nothing in this section entitles the San Juan Southern Paiute Tribe 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, or to take enforcement actions under paragraph (1)(C) or (2)(E) of that subsection, except as provided 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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