TRUST FUND.

SEC. 10702. TRUST FUND.(a) Establishment.—There is established in the Treasury a fund to be known as the “Navajo Nation Water Resources Development Trust Fund”, consisting of—(1) such amounts as are appropriated to the Trust Fund under subsection (f); and(2) any interest earned on investment of amounts in the Trust Fund under subsection (d).(b) Use of Funds.—The Nation may use amounts in the Trust Fund—(1) to investigate, construct, operate, maintain, or replace water project facilities, including facilities conveyed to the Nation under this subtitle and facilities owned by the United States for which the Nation is responsible for operation, maintenance, and replacement costs; and(2) to investigate, implement, or improve a water conservation measure (including a metering or monitoring activity) necessary for the Nation to make use of a water right of the Nation under the Agreement.(c) Management.—The Secretary shall manage the Trust Fund, invest amounts in the Trust Fund pursuant to subsection (d), and make amounts available from the Trust Fund for distribution to the Nation in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).(d) Investment of the Trust Fund.—Beginning on October 1, 2019, the Secretary shall invest amounts in the Trust 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.).(e) Conditions for Expenditures and Withdrawals.—(1) Tribal management plan.—(A) In general.—Subject to paragraph (7), on approval by the Secretary of a tribal management plan in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), the Nation may withdraw all or a portion of the amounts in the Trust Fund.(B) Requirements.—In addition to any 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 the Nation only use amounts in the Trust Fund for the purposes described in subsection (b), including the identification of water conservation measures to be implemented in association with the agricultural water use of the Nation.(2) 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judicial or administrative action to enforce the provisions of any tribal management plan to ensure that any amounts withdrawn from the Trust Fund are used in accordance with this subtitle.(3) No liability.—Neither the Secretary nor the Secretary of the Treasury shall be liable for the expenditure or investment of any amounts withdrawn from the Trust Fund by the Nation.(4) Expenditure plan.—123 STAT. 1403(A) In general.—The Nation shall submit to the Secretary for approval an expenditure plan for any portion of the amounts in the Trust Fund made available under this section that the Nation does not withdraw under this subsection.(B) Description.—The expenditure plan shall describe the manner in which, and the purposes for which, funds of the Nation remaining in the Trust 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 subtitle.(5) Annual report.—The Nation shall submit to the Secretary an annual report that describes any expenditures from the Trust Fund during the year covered by the report.(6) Limitation.—No portion of the amounts in the Trust Fund shall be distributed to any Nation member on a per capita basis.(7) Conditions.—Any amount authorized to be appropriated to the Trust Fund under subsection (f) shall not be available for expenditure or withdrawal—(A) before December 31, 2019; and(B) until the date on which the court in the stream adjudication has entered—(i) the Partial Final Decree; and(ii) the Supplemental Partial Final Decree.(f) Authorization of Appropriations.—There are authorized to be appropriated for deposit in the Trust Fund—(1) $6,000,000 for each of fiscal years 2010 through 2014; and(2) $4,000,000 for each of fiscal years 2015 through 2019.