CHIPPEWA CREE WATER SYSTEM OPERATION, MAINTENANCE, AND REPLACEMENT TRUST FUND.

SEC. 913. CHIPPEWA CREE WATER SYSTEM OPERATION, MAINTENANCE, AND REPLACEMENT TRUST FUND. (a) Establishment of Trust Fund.—There is established in the Treasury of the United States a trust fund to be known as the “Chippewa Cree Water System Operation, Maintenance, and Replacement Trust Fund”, to be managed and invested by the Secretary. (b) Contents of Fund.—The Fund shall consist of— (1) the amount of $15,000,000 as the Federal share, as authorized to be appropriated in section 914(c); (2) the Tribe shall deposit into the Fund $5,000,000 of the $15,000,000 appropriated pursuant to the Chippewa Cree Tribe of the Rocky Boy’s Reservation Indian Reserved Water Rights Settlement and Water Supply Enhancement Act of 1999 (Public Law 106–163); and (3) such interest as may accrue, until expended according to subsections (d) and (f). (c) Management of the Fund.—The Secretary shall manage the Fund, make investments from the Fund, and make monies 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.) (referred to in this section as the “Trust Fund Reform Act”), and this title. (d) Use of Fund.—The Tribe shall use accrued interest, only, from the Fund for operation, maintenance, and replacement of the core system and the on-reservation distribution, only, pursuant to an operation, maintenance and replacement plan approved by the Secretary. (e) Investment of Fund.—The Secretary shall, after consulting with the Tribe on the investment of the Fund, invest amounts in the Fund in accordance with—116 STAT. 2868 (1) the Act of April 1, 1880 (21 Stat. 70, chapter 41; 25 U.S.C. 161); (2) the first section of the Act of February 12, 1929 (25 U.S.C. 161a); (3) the first section of the Act of June 24, 1938 (25 U.S.C. 162a); and (4) subsection (b). (f) Expenditures and Withdrawal.— (1) Tribal management plan.— (A) Withdrawal by tribe.—The Tribe 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 Tribe spend any funds only in accordance with the purposes described in subsections 913 (d) and (f). (2) Enforcement.—The Secretary may take judicial or administrative action to enforce the provisions of any tribal management plan to ensure that any monies withdrawn from the Fund under the plan are used in accordance with this title. (3) Liability.—If the Tribe exercises the right to withdraw monies from the Fund pursuant to the Trust Fund Reform Act, neither the Secretary nor the Secretary of the Treasury shall retain any liability for the expenditure or investment of the monies withdrawn. (4) Operation, Maintenance, and Replacement Plan.—Expenditures of accrued interest, only, from the Fund may be made for operation, maintenance, and replacement plan approved by the Secretary. (A) In general.—The Tribe shall submit to the Secretary for approval an operation, maintenance, and replacement plan for any funds made available to it under this section. (B) Description.—The plan shall describe the manner in which, and the purposes for which, funds made available to the Tribe will be used. (C) Approval.—On receipt of an expenditure plan under subparagraph (A), the Secretary shall, in a timely manner, approve the plan if the Secretary determines that the plan is reasonable and consistent with this title. (5) Availability.—Funds made available from the fund under this section shall be available without fiscal year limitation. (6) Annual report.—The Tribe shall submit to the Secretary an annual report that describes all expenditures from the Fund during the year covered by the report. (g) No Per Capita Distributions.—No part of the Fund shall be distributed on a per capita basis to members of the Tribe.