Sec. 615. AAMODT SETTLEMENT PUEBLOS’ FUND
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## SEC. 615 AAMODT SETTLEMENT PUEBLOS’ FUND ###
(a)Establishment of the Aamodt Settlement Pueblos’ Fund There is established in the Treasury of the United States a fund, to be known as the “Aamodt Settlement Pueblos’ Fund,” consisting of— ####
(1)such amounts as are made available to the Fund under section 617(c) or other authorized sources; and ####
(2)any interest earned from investment of amounts in the Fund under subsection (b). ###
(b)Management of the Fund The Secretary shall manage the Fund, invest amounts in the Fund, and make amounts available from the Fund for distribution to the Pueblos in accordance with— ####
(1)the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); and ####
(2)this title. ###
(c)Investment of the Fund On the date on which the waivers become effective as set forth in section 623(d), the Secretary shall invest amounts in the Fund in accordance with— ####
(1)the Act of April 1, 1880 (25 U.S.C. 161); ####
(2)the first section of the Act of June 24, 1938 (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)Tribal management plan ####
(1)In general A Pueblo may withdraw all or part of the Pueblo’s portion of the Fund on approval by the Secretary of a tribal management plan as described in the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.). ####
(2)Requirements 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Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal management plan shall require that a Pueblo spend any amounts withdrawn from the Fund in accordance with the purposes described in section 617(c). ####
(3)Enforcement The Secretary may take judicial or administrative action to enforce the provisions of any tribal management plan to ensure that any amounts withdrawn from the Fund under an approved tribal management plan are used in accordance with this subtitle. ####
(4)Liability If a Pueblo or the Pueblos exercise the right to withdraw amounts from the Fund, neither the Secretary nor the Secretary of the Treasury shall retain any liability for the expenditure or investment of the amounts withdrawn. ####
(5)Expenditure plan #####
(A)In general The Pueblos shall submit to the Secretary for approval an expenditure plan for any portion of the amounts in the Fund that the Pueblos do not withdraw under this subsection. #####
(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, the Settlement Agreement, and the Cost-Sharing and System Integration Agreement. #####
(D)Annual report The Pueblos shall submit to the Secretary an annual report that describes all expenditures from the Fund during the year covered by the report. ####
(6)No per capita payments No part of the principal of the Fund, or the interest or income accruing on the principal shall be distributed to any member of a Pueblo on a per capita basis. ####
(7)Availability of amounts from the fund #####
(A)Approval of settlement agreement ######
(i)In general Except as provided in clause (ii), amounts made available under section 617(c)(1), or from other authorized sources, shall be available for expenditure or withdrawal only after the publication of the statement of findings required by section 623(a)(1). ######
(ii)Exception Notwithstanding clause (i), the amounts described in that clause may be expended before the date of publication of the statement of findings under section 623(a)(1) for any activity that is more cost-effective when implemented in conjunction with the construction of the Regional Water System, as determined by the Secretary. #####
(B)Completion of certain portions of regional water system Amounts made available under section 617(c)(1) or from other authorized sources shall be available for expenditure or withdrawal only after those portions of the Regional Water System described in section 1.5.24 of the Settlement Agreement have been declared substantially complete by the Secretary.
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