123STA T . 1 40 2 PUBLIC LA W 111 – 11 —M A R .30 , 200 9SEC.107 0 2 . TRU ST F U ND . (a)ESTABLI S HMEN T .—Ther e is es t a bl ishe d i n the Treas u r y a f und t o be k no w nasthe ‘ ‘ N a v a j o Nation W ater R esour c es D evelo p-m ent Trust F und ’ ’ , consistin g 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) U SE OF F U N D S.—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 S tates for which the Nation is responsible for operation, mainte- nance, and replacement costs; and (2) to investigate, implement, or improve a water conserva- tion measure (including a metering or monitoring activity) nec- essary for the Nation to make use of a water right of the Nation under the A greement. (c) M ANA G EMENT.—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 I ndian Trust Fund Management Reform Act of 1 9 9 4 (2 5 U.S. C .4 0 01etse q .). (d) IN V ESTMENT OF THE T R UST FUND.— B eginning on O ctober 1, 2019, the Secretary shall invest amounts in the Trust Fund in accordance with— (1) the Act of April 1, 1 8 80 (25 U.S.C. 1 6 1); (2) the first section of the Act of J une 24, 19 3 8 (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 E XP ENDITURES AND WITHDRA W ALS.— (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) RE Q UIREMENTS.—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 con- servation measures to be implemented in association with the agricultural water use of the Nation. (2) ENFOR C EMENT.—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 LIABILIT Y .—Neither the Secretary nor the Secretary of the Treasury shall be liable for the e x penditure or investment of any amounts withdrawn from the Trust Fund by the Nation. (4) EXPENDITURE PLAN.— Ef f ectiv e da te .
