Sec. 3716. BLACKFEET SETTLEMENT TRUST FUND
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## SEC. 3716 BLACKFEET SETTLEMENT TRUST FUND ###
(a)Establishment There is established in the Treasury of the United States a trust fund, to be known as the “Blackfeet Settlement Trust Fund” (referred to in this section as the “Trust Fund”), to be managed, invested, and distributed by the Secretary and to remain available until expended, consisting of the amounts deposited in the Trust Fund under subsection (c), together with any interest earned on those amounts, for the purpose of carrying out this subtitle. ###
(b)Accounts The Secretary shall establish in the Trust Fund the following accounts: ####
(1)The Administration and Energy Account. ####
(2)The OM&R Account. ####
(3)The St. Mary Account. ####
(4)The Blackfeet Water, Storage, and Development Projects Account. ###
(c)Deposits The Secretary shall deposit in the Trust Fund— ####
(1)in the Administration and Energy Account, the amount made available pursuant to section 3718(a)(1)(A); ####
(2)in the OM&R Account, the amount made available pursuant to section 3718(a)(1)(B); ####
(3)in the St. Mary Account, the amount made available pursuant to section 3718(a)(1)(C); and ####
(4)in the Blackfeet Water, Storage, and Development Projects Account, the amount made available pursuant to section 3718(a)(1)(D). ###
(d)Management and Interest ####
(1)Management The Secretary shall manage, invest, and distribute all amounts in the Trust Fund in a manner that is consistent with the investment authority of the Secretary under— #####
(A)the first section of the Act of June 24, 1938 (25 U.S.C. 162a); #####
(B)the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); and #####
(C)this section. ####
(2)Interest In addition to the deposits under subsection (c), any interest credited to amounts unexpended in the Trust Fund are authorized to be appropriated to be used in accordance with the uses described in subsection (h). ###
(e)Availability of Amounts ####
(1)In general Amounts appropriated to, and deposited in, the Trust Fund, including any investment earnings, shall be made available to the Tribe by the Secretary beginning on the enforceability date. ####
(2)Funding for tribal implementation activities Notwithstanding paragraph (1), on approval pursuant to this subtitle and the Compact by a referendum vote of a majority of votes cast by members of the Tribe on the day of the vote, as certified by the Secretary and the Tribe and subject to the availability of appropriations, the following amounts shall be made available to the Tribe for implementation of this subtitle: #####
(A)50 percent of the amounts in the Administration and Energy Account. #####
(B)50 percent of the amounts in the OM&R Account. #####
(C)50 percent of the amounts in the St. Mary Account. #####
(D)50 percent of the amounts in the Blackfeet Water, Storage, and Development Projects Account. ####
(3)Availability #####
(A)In general Except as provided in subparagraph (B), none of the funds deposited in the Trust Fund in fiscal year 2018 shall be available for expenditure in accordance with this subsection until the enforceability date. #####
(B)Exception Notwithstanding subparagraph (A), of the funds in the Administration and Energy Account, $4,800,000 shall be available to the Tribe for the implementation of this subtitle. ###
(f)Withdrawals Under AIFRMRA ####
(1)In general The Tribe may withdraw any portion of the funds in the Trust Fund on approval by the Secretary of a tribal management plan submitted by the Tribe in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.). ####
(2)Requirements #####
(A)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 under paragraph
(1)shall require that the Tribe shall spend all amounts withdrawn from the Trust Fund in accordance with this subtitle. #####
(B)Enforcement The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce the tribal management plan to ensure that amounts withdrawn by the Tribe from the Trust Fund under this subsection are used in accordance with this subtitle. ###
(g)Withdrawals Under Expenditure Plan ####
(1)In general The Tribe may submit to the Secretary a request to withdraw funds from the Trust Fund pursuant to an approved expenditure plan. ####
(2)Requirements To be eligible to withdraw funds under an expenditure plan under paragraph (1), the Tribe shall submit to the Secretary for approval an expenditure plan for any portion of the Trust Fund that the Tribe elects to withdraw pursuant to this subsection, subject to the condition that the funds shall be used for the purposes described in this subtitle. ####
(3)Inclusions An expenditure plan under this subsection shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Trust Fund will be used by the Tribe, in accordance with subsection (h). ####
(4)Approval On receipt of an expenditure plan under this subsection, the Secretary shall approve the plan, if the Secretary determines that the plan— #####
(A)is reasonable; and #####
(B)is consistent with, and will be used for, the purposes of this subtitle. ####
(5)Enforcement 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 subsection are used in accordance with this subtitle. ###
(h)Uses Amounts from the Trust Fund shall be used by the Tribe for the following purposes: ####
(1)The Administration and Energy Account shall be used for administration of the Tribal water rights and energy development projects under this subtitle and the Compact. ####
(2)The OM&R Account shall be used to assist the Tribe in paying OM&R costs. ####
(3)The St. Mary Account shall be distributed pursuant to an expenditure plan approved under subsection (g), subject to the conditions that— #####
(A)during the period for which the amount is available and held by the Secretary, $500,000 shall be distributed to the Tribe annually as compensation for the deferral of the St. Mary water right; and #####
(B)any additional amounts deposited in the account may be withdrawn and used by the Tribe to pay OM&R costs or other expenses for 1 or more projects to benefit the Tribe, as approved by the Secretary, subject to the requirement that the Secretary shall not approve an expenditure plan under this paragraph unless the Tribe provides a resolution of the tribal council— ######
(i)approving the withdrawal of the funds from the account; and ######
(ii)acknowledging that the Secretary will not be able to distribute funds under subparagraph
(A)indefinitely if the principal funds in the account are reduced. ####
(4)The Blackfeet Water, Storage, and Development Projects Account shall be used to carry out section 3713. ###
(i)Liability The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Trust Fund by the Tribe under subsection
(f)or (g). ###
(j)No Per Capita Distributions No portion of the Trust Fund shall be distributed on a per capita basis to any member of the Tribe. ###
(k)Deposit of Funds On request by the Tribe, the Secretary may deposit amounts from an account described in paragraph (1), (2), or
(4)of subsection
(b)to any other account the Secretary determines to be appropriate.
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