Sec. 505. TAOS PUEBLO WATER DEVELOPMENT FUND

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## SEC. 505 TAOS PUEBLO WATER DEVELOPMENT FUND ###

(a)Establishment There is established in the Treasury of the United States a fund to be known as the “Taos Pueblo Water Development Fund” (referred to in this section as the “Fund”) to be used to pay or reimburse costs incurred by the Pueblo for— ####

(1)acquiring water rights; ####

(2)planning, permitting, designing, engineering, constructing, reconstructing, replacing, rehabilitating, operating, or repairing water production, treatment or delivery infrastructure, on-farm improvements, or wastewater infrastructure; ####

(3)restoring, preserving and protecting the Buffalo Pasture, including planning, permitting, designing, engineering, constructing, operating, managing and replacing the Buffalo Pasture Recharge Project; ####

(4)administering the Pueblo’s water rights acquisition program and water management and administration system; and ####

(5)watershed protection and enhancement, support of agriculture, water-related Pueblo community welfare and economic development, and costs related to the negotiation, authorization, and implementation of the Settlement Agreement. ###

(b)Management of Fund The Secretary shall manage the Fund, invest amounts in the Fund, and make monies available from the Fund for distribution to the Pueblo consistent with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.) (hereinafter, “Trust Fund Reform Act”), this title, and the Settlement Agreement. ###

(c)Investment of Fund Upon the Enforcement Date, the Secretary shall invest amounts in the Fund in accordance with— ####

(1)the Act of April 1, 1880 (21 Stat. 70, ch. 41, 25 U.S.C. 161); ####

(2)the first section of the Act of June 24, 1938 (52 Stat. 1037, ch. 648, 25 U.S.C. 162a); and ####

(3)the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.). ###

(d)Availability of Amounts From Fund Upon the Enforcement Date, all monies deposited in the Fund pursuant to section 509(c)(1) or made available from other authorized sources shall be available to the Pueblo for expenditure or withdrawal after the requirements of subsection

(e)have been met. ###

(e)Expenditures and Withdrawal ####

(1)Tribal management plan #####

(A)In general The Pueblo may withdraw all or part of the Fund on approval by the Secretary of a tribal management plan as described in the Trust Fund Reform Act. #####

(B)Requirements In addition to the requirements under the Trust Fund Reform Act, the tribal management plan shall require that the Pueblo spend any funds in accordance with the purposes described in subsection (a). ####

(2)Enforcement The Secretary may take judicial or administrative action to enforce the requirement that monies withdrawn from the Fund are used for the purposes specified in subsection (a). ####

(3)Liability If the Pueblo exercises the right to withdraw monies from the Fund, neither the Secretary nor the Secretary of the Treasury shall retain any liability for the expenditure or investment of the monies withdrawn. ####

(4)Expenditure plan #####

(A)In general The Pueblo shall submit to the Secretary for approval an expenditure plan for any portions of the funds made available under this title that the Pueblo does not withdraw under paragraph (1)(A). #####

(B)Description The expenditure plan shall describe the manner in which, and the purposes for which, amounts remaining in the Fund will be used. #####

(C)Approval On receipt of an expenditure plan under subparagraph (A), the Secretary shall approve the plan if the Secretary determines that the plan is reasonable and consistent with this title. ####

(5)Annual report The Pueblo shall submit to the Secretary an annual report that describes all expenditures from the Fund during the year covered by the report. ###

(f)Amounts Available on Appropriation Notwithstanding subsection (d), $15,000,000 of the monies deposited in the Fund— ####

(1)shall be available upon appropriation or availability of the funds from other authorized sources for the Pueblo’s acquisition of water rights pursuant to Article 5.1.1.2.3 of the Settlement Agreement, the Buffalo Pasture Recharge Project, implementation of the Pueblo’s water rights acquisition program and water management and administration system, the design, planning, engineering, permitting or construction of water or wastewater infrastructure eligible for funding under subsection (a), or costs related to the negotiation, authorization, and implementation of the Settlement Agreement, provided that such funds may be expended prior to the Enforcement Date only for activities which are determined by the Secretary to be more cost effective when implemented as early as possible; and ####

(2)shall be distributed by the Secretary to the Pueblo on receipt by the Secretary from the Pueblo of a written notice and a Tribal Council resolution that describes the purposes under paragraph

(1)for which the monies will be used after a cost-effectiveness determination by the Secretary has been made as described in paragraph (1). The Secretary shall make the determination described in paragraph

(1)within a reasonable period of time after receipt of the notice and resolution. ###

(g)No Per Capita Distributions No portion of the Fund shall be distributed on a per capita basis to members of the Pueblo.

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Sec. 505

TAOS PUEBLO WATER DEVELOPMENT FUND

U.S.C.§ 4001

Stat.Chapter 43

U.S.C.§ 161

Stat.Public Law 99–146

U.S.C.§ 162a

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