establishment of the arizona indian trust funds

establishment of the arizona indian trust fundsSec. 405. (a) Establishment.—Upon disposal of the School Property and receipt by the United States of the Monetary Proceeds, there shall be established in the Treasury of the United States— (1) a fund to be known as the Arizona InterTribal Trust Fund; and (2) a fund to be known as the Navajo Trust Fund. (b) Amounts in Funds.—Each Trust Fund established under this section shall consist of— (1) an amount equal to the sum of— (A) that portion of the Monetary Proceeds properly allocable to each such Trust Fund; (B) that portion of the cash proceeds from the sale by the United States to the City or the Purchaser of additional acres of land within the School Property pursuant to subsection (g)(5) of section 402 of this title properly allocable to each such Trust Fund; and (C) any interest accruing on any amount deposited in each such Trust Fund, (2) less the amount of Trust Income from the Trust Fund used by the Secretary pursuant to subsection (d). (c) Investment.—(1) If a Trust Fund Payment is made in the form of a lump sum payment under section 403(c)(1) of this title, the Secretary of the Treasury shall invest the amount of such lump sum payment in interest-bearing deposits and securities in accordance with the Act of June 24, 1938 (25 U.S.C. 162a). (2) If a Trust Fund Payment is made in the form of annual payments under section 403(c)(2) of this title, the Secretary of the Treasury shall hold in trust the security provided in accordance with the Trust Fund Payment Agreement. (3) At the direction of the Secretary, the Secretary of the Treasury may invest in accordance with the requirements of paragraph (1) any portion of the Trust Income not used by the Secretary in any year. (d) Use of Trust Income.—(1) The purpose of these trust funds is to supplement, not supplant, current Federal efforts. The Secretary shall not reduce, rescind, alter or change any distribution of funds to which any Indian tribe or students covered by this section may otherwise be entitled or eligible under any other Federal authority. The Congress also expresses its intention that in determining the amount of any funds to provide services to Indian tribes or students covered by this section, there shall be no amendment, alteration, limitation, or reduction within future congressional action occasioned by the presence of these funds. (2) Trust Income may be used only for— 102 STAT. 4592 (A) supplemental educational and child-welfare programs, activities, and services for the benefit of— (i) those Arizona Tribes that were members of the InterTribal Council of Arizona on January 1, 1988, in the case of payments from the Arizona InterTribal Trust Fund; and (ii) the Navajo Tribe, in the case of payments from the Navajo Trust Fund; (B) the design, construction, improvement, or repair of related facilities; and (C) the payments referred to in paragraph (4). (3)(A) To carry out the purposes of paragraph (2), the Secretary, pursuant to appropriations, may make grants— (i) from the Arizona InterTribal Trust Fund to Arizona tribes that were members of the InterTribal Council of Arizona on January 1, 1988, public school districts on or near reservations of such Tribes in the State of Arizona, and the InterTribal Council of Arizona; and (ii) from the Navajo Trust Fund to the Navajo Tribe or public school districts on or near the Navajo Reservation in the State of Arizona. (B) The Secretary shall require, as a condition for making any grant to a public school district, the approval of the governing body of the Arizona Tribe the children of which are to be served by such grant. (4)(A) An amount equal to 5 percent of the Trust Income during the preceding fiscal year shall be paid annually by the Secretary— (i) to the InterTribal Council of Arizona from the Arizona InterTribal Trust Fund; and (ii) to the governing body of the Navajo Tribe from the Navajo Trust Fund. (B) Payments made under this paragraph shall be used for education, child welfare, community development, and general administrative purposes, and may be made only pursuant to an annual budget adopted by the vote of— (i) a majority of the members of the InterTribal Council of Arizona, in the case of payments to the Arizona InterTribal Trust Fund; and (ii) the governing body of the Navajo Tribe, in the case of payments to the Navajo Trust Fund. (C) The limitation on the amount of payments under this paragraph shall not be construed as a limitation on the authority of the Secretary to make grants to the InterTribal Council of Arizona or the Navajo Tribe under paragraph (3). (5) None of the Trust Income may be used for scholarship grants for higher education. (e) Allocation.—In depositing into the Trust Funds the Monetary Proceeds, any payment by the State of Arizona, or the cash proceeds from the sale of land within the School Property— (1) the amount properly allocable to the Arizona InterTribal Trust Fund shall be 95 percent of the total amount of such payment or cash proceeds to the United States; and (2) the amount properly allocable to the Navajo Trust Fund shall be 5 percent of the total amount of such payment or cash proceeds to the United States.