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Code · STATUTE-COMPILATIONS · Claims Resolution Act of 2010 · Sec. 411

Sec. 411. CROW SETTLEMENT FUND

1,275 words·~6 min read·/statute-compilations/comps-13809/sec-411

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## SEC. 411 CROW SETTLEMENT FUND ###
(a)Establishment There is established in the Treasury of the United States a fund to be known as “the Crow Settlement Fund”, to be administered by the Secretary for the purpose of carrying out this title. ###
(b)Transfers to fund The Fund shall consist of such amounts as are deposited in the Fund under subsections
(c)through
(h)of section 414. ###
(c)Accounts of Crow Settlement Fund The Secretary shall establish in the Fund the following accounts: ####
(1)The Tribal Compact Administration account, consisting of amounts made available pursuant to section 414(c). ####
(2)The Energy Development Projects account, consisting of amounts made available pursuant to section 414(d). ####
(3)The MR&I System OM&R Account, consisting of amounts made available pursuant to section 414(e). ####
(4)The CIP OM&R Account, consisting of amounts made available pursuant to section 414(f). ###
(d)Deposits to Crow Settlement Fund ####
(1)In general The Secretary of the Treasury shall promptly deposit in the Fund any amounts appropriated for that purpose. ####
(2)Priority of deposits to accounts Of the amounts appropriated for deposit in the Fund, the Secretary of the Treasury shall deposit amounts in the accounts listed in subsection (c)— #####
(A)in full; and #####
(B)in the order listed in subsection (c). ###
(e)Management ####
(1)In general The Secretary shall manage the Fund, make investments from the Fund, and make amounts available from the Fund for distribution to the Tribe consistent with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.). ####
(2)Investment of crow settlement fund Beginning on the enforceability date, the Secretary shall invest amounts in the Fund in accordance with— #####
(A)the Act of April 1, 1880 (25 U.S.C. 161); #####
(B)the first section of the Act of June 24, 1938 (25 U.S.C. 162a); and #####
(C)the obligations of Federal corporations and Federal Government-sponsored entities, the charter documents of which provide that the obligations of the entities are lawful investments for federally managed funds, including— ######
(i)the obligations of the United States Postal Service described in section 2005 of title 39, United States Code; ######
(ii)bonds and other obligations of the Tennessee Valley Authority described in section 15d of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831n-4); ######
(iii)mortgages, obligations, and other securities of the Federal Home Loan Mortgage Corporation described in section 303 of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1452); and ######
(iv)bonds, notes, and debentures of the Commodity Credit Corporation described in section 4 of the Act of March 8, 1938 (15 U.S.C. 713a-4). ####
(3)Distributions from crow settlement fund #####
(A)In general Amounts from the Fund shall be used for each purpose described in subparagraphs
(B)through (E). #####
(B)Tribal compact administration account The Tribal Compact Administration account shall be used for expenditures by the Tribe for Tribal Compact Administration. #####
(C)Energy development projects account The Energy Development Projects account shall be used for expenditures by the Tribe for the following types of energy development on the Reservation, the ceded strip, and land owned by the Tribe: ######
(i)Development and marketing of power generation on the Yellowtail Afterbay Dam authorized in section 412(b). ######
(ii)Development of clean coal conversion projects. ######
(iii)Renewable energy projects other than the project described in clause (i). #####
(D)CIP om&r account ######
(i)In general Amounts in the CIP OM&R Account shall be used for CIP OM&R costs. ######
(ii)Reduction of costs to tribal water users ######
(I)In general Subject to subclause (II), the funds described in clause
(i)shall be used to reduce the CIP OM&R costs to all tribal water users on a proportional basis for a given year. ######
(II)Limitation on use of funds Funds in the CIP OM&R Account shall be used to pay irrigation assessments only for the Tribe, tribal entities and instrumentalities, tribal members, allottees, and entities owned by the Tribe, tribal members, or allottees. #####
(E)MR&I system om&r account Funds from the MR&I System OM&R Account shall be used to assist the Tribe in paying MR&I System OM&R costs. ####
(4)Withdrawals by tribe #####
(A)In general The Tribe may withdraw any portion of amounts in the Fund on approval by the Secretary of a tribal management plan in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.). #####
(B)Requirements ######
(i)In general 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 of the Tribe under subparagraph
(A)shall require that the Tribe spend any amounts withdrawn from the Fund in accordance with this title. ######
(ii)Enforcement The Secretary may carry out such judicial or administrative actions as the Secretary determines to be necessary to enforce a tribal management plan to ensure that amounts withdrawn by the Tribe from the Fund under this paragraph are used in accordance with this title. #####
(C)Liability The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of amounts withdrawn from the Fund by the Tribe under this paragraph. #####
(D)Expenditure plan ######
(i)In general For each fiscal year, the Tribe shall submit to the Secretary for approval an expenditure plan for any portion of the amounts described in subparagraph
(A)that the Tribe elects not to withdraw under this paragraph during the fiscal year. ######
(ii)Inclusion An expenditure plan under clause
(i)shall include a description of the manner in which, and the purposes for which, amounts of the Tribe remaining in the Fund will be used during subsequent fiscal years. ######
(iii)Approval On receipt of an expenditure plan under clause (i), the Secretary shall approve the plan if the Secretary determines that the plan is— ######
(I)reasonable; and ######
(II)consistent with this title. ####
(5)Annual reports The Tribe shall submit to the Secretary annual reports describing each expenditure by the Tribe of amounts in the Fund during the preceding calendar year. ####
(6)Certain per capita distributions prohibited No amount in the Fund shall be distributed to any member of the Tribe on a per capita basis. ###
(f)Availability ####
(1)In general Except as provided in paragraph (2), the amounts in the Fund shall be available for use by the Secretary and withdrawal by the Tribe beginning on the enforceability date. ####
(2)Exception The amounts made available under section 414(c) shall be available for use by the Secretary and withdrawal by the Tribe beginning on the date on which the Tribe ratifies the Compact as provided in section 410(e)(1)(E). ###
(g)State Contribution The State of Montana contribution to the Fund shall be provided in accordance with article VI(A) of the Compact. ###
(h)Separate Appropriations Account Section 1105(a) of title 31, United States Code, is amended— ####
(1)by redesignating paragraphs
(35)and
(36)as paragraphs
(36)and (37), respectively; ####
(2)by redesignating the second paragraph
(33)(relating to obligational authority and outlays requested for homeland security) as paragraph (35); and ####
(3)by adding at the end the following: > > #### “(38) > > a separate statement for the Crow Settlement Fund established under section 411 of the Crow Tribe Water Rights Settlement Act of 2010, which shall include the estimated amount of deposits into the Fund, obligations, and outlays from the Fund.” > .
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Citation graph
cites case law
Sec. 411
CROW SETTLEMENT FUND
U.S.C.§ 4001
U.S.C.§ 161
U.S.C.§ 162a
U.S.C.§ 831n–4
U.S.C.§ 1452
U.S.C.§ 713a–4
Cites 6Cited by 0 across 0 sources
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