Settlement Trust Fund

(a) Establishment The Secretary shall establish a trust fund, to be known as the Zuni Tribe 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Trust Fund, to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of amounts deposited in the Trust Fund under subsection (c), together with any investment earnings, including interest, earned on those amounts, for the purpose of carrying out this title. (b) Trust fund accounts The Secretary shall establish in the Trust Fund the following accounts: (1) The Zuni Tribe Water Rights Settlement Trust Account. (2) The Zuni Tribe Operation, Maintenance, & Replacement Trust Account. (c) Deposits The Secretary shall deposit in the Trust Fund the amounts made available under section 106(a). (d) Management and interest (1) Management On receipt and deposit of funds into the Trust Fund under subsection (c), 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) Investment earnings In addition to the amounts deposited under subsection (c), any investment earnings, including interest, earned on those amounts, held in the Trust Fund are authorized to be used in accordance with subsections (f) and (h). (e) Availability of amounts (1) In general Amounts appropriated to, and deposited in, the Trust Fund, including any investment earnings, including interest, earned on those amounts, shall be made available to the Tribe by the Secretary beginning on the Enforceability Date, subject to the requirements of this section, except for funds to be made available to the Tribe pursuant to paragraph (2). (2) Use of funds Notwithstanding paragraph (1), $50,000,000 of the amounts deposited in the Trust Fund, including any investment earnings, including interest, earned on those amounts, shall be available to the Tribe for the following uses on the date on which the amounts are deposited in the Trust Fund: (A) Developing economic water development plans. (B) Preparing environmental compliance documents. (C) Preparing water project engineering designs. (D) Establishing and operating a water resource department. (E) Installing groundwater wells on Zuni Lands to meet immediate domestic, commercial, municipal, industrial, livestock, or supplemental irrigation water needs. (F) Urgent repairs to irrigation infrastructure. (G) Acquiring land and water rights or water supply. (H) Developing water measurement and reporting water use plans. (f) Withdrawals (1) Withdrawals under the american indian trust fund management reform act of 1994 (A) In general The Tribe may withdraw any portion of the amounts 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.). (B) 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 under this paragraph shall require that the Tribe shall spend all amounts withdrawn from the Trust Fund, and any investment earnings, including interest, earned on those amounts, through the investments under the Tribal management plan, in accordance with this title. (C) Enforcement The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce the Tribal management plan under this paragraph and to ensure that amounts withdrawn by the Tribe from the Trust Fund under subparagraph (A) are used in accordance with this title. (2) Withdrawals under expenditure plan (A) In general The Tribe may submit to the Secretary a request to withdraw amounts from the Trust Fund pursuant to an approved expenditure plan. (B) Requirements To be eligible to withdraw amounts under an expenditure plan under subparagraph (A), the Tribe shall submit to the Secretary an expenditure plan for any portion of the Trust Fund the Tribe elects to withdraw pursuant to that subparagraph, subject to the condition that the amounts shall be used for the purposes described in this title. (C) Inclusions An expenditure plan submitted under subparagraph (A) 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 this subsection and subsection (h). (D) Approval The Secretary shall approve an expenditure plan submitted under subparagraph (A) if the Secretary determines that the expenditure plan— (i) is reasonable; and (ii) is consistent with, and will be used for, the purposes of this title. (E) Enforcement The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary— (i) to enforce an expenditure plan; and (ii) to ensure that amounts withdrawn under this paragraph are used in accordance with this title. (g) Effect of section Nothing in this section entitles the Tribe the right to judicial review of a determination of the Secretary relating to whether to approve the Tribal management plan under paragraph (1) of subsection (f) or an expenditure plan under paragraph (2) of that subsection, except under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act). (h) Uses (1) Zuni tribe water rights settlement trust account The Zuni Tribe Water Rights Settlement Trust Account established under subsection (b)(1) may only be used for the following purposes: (A) Planning, permitting, designing, engineering, constructing, reconstructing, replacing, rehabilitating, operating, or repairing water production, treatment, or delivery infrastructure, including for domestic and municipal supply, or wastewater infrastructure. (B) Planning, permitting, designing, engineering, constructing, reconstructing, replacing, rehabilitating, operating, or repairing water production, treatment, or delivery infrastructure, acquisition of water, or on-farm improvements for irrigation, livestock, and support of agriculture. (C) Planning, permitting, designing, engineering, constructing, reconstructing, replacing, rehabilitating, operating, monitoring, or other measures for watershed and endangered species habitat protection and enhancement, land and water rights acquisition, water-related Tribal community welfare and economic development, and costs relating to the implementation of the Agreement. (D) Ensuring environmental compliance in the development and construction of projects under this title. (E) Tribal water rights management and administration. (2) Zuni tribe operation, maintenance, & replacement trust account The Zuni Tribe Operation, Maintenance, & Replacement Trust Account established under subsection (b)(2) may only be used to pay costs for operation, maintenance, and replacement of water infrastructure to serve Tribal domestic, commercial, municipal, industrial, irrigation, and livestock water uses from any water source. (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 the Tribal management plan or an expenditure plan under paragraph (1) or (2) of subsection (f), respectively. (j) Expenditure reports The Tribe shall annually submit to the Secretary an expenditure report describing amounts spent from, and accomplishment from the use of, withdrawals under the Tribal management plan or an expenditure plan under paragraph (1) or (2) of subsection (f), respectively. (k) No per capita distributions No portion of the Trust Fund shall be distributed on a per capita basis to any member of the Tribe. (l) Title to infrastructure Title to, control over, and operation of any project constructed using funds from the Trust Fund shall remain in the Tribe. (m) Operation, maintenance, and replacement All operation, maintenance, and replacement costs of any project constructed using funds from the Trust Fund shall be the responsibility of the Tribe.