Page:United States Statutes at Large Volume 114 Part 1.djvu/781

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PUBLIC LAW 106-263—AUG. 18, 2000 114 STAT. 745 Indian Trust Fund Management Reform Act (108 Stat. 4239; 25 U.S.C. 4001 et seq.). (b) AUTHORIZATION.—There is authorized to be appropriated a total of $20,000,000, for fiscal years prior to the fiscal year 2004 for the following purposes: (1) $5,000,000, which shall be made available to the Shivwits Band from the Trust Fund for purposes including but not limited to those that would enable the Shivwits Band to put to beneficial use all or part of the Shivwits Water Right, to defray the costs of any water development project in which the Shivwits Band is participating, or to undertake any other activity that may be necessary or desired for implementation of the St. G^eorge Water Reuse Project Agreement, the Santa Clara Project Agreement, the Settlement Agreement, or for economic development on the Shivwits Reservation. (2) $15,000,000, which shall be made available by the Secretary and the Shivwits Band to St. George for the St. George Water Reuse Project, in accordance with the St. George Water Reuse Project Agreement. (c) SHARE OF CERTAIN COSTS. —There is authorized to be appropriated to the Trust Fund in fiscal years prior to the fiscal year 2004 a total of $1,000,000 to assist with the Shivwits Band's proportionate share of operation, maintenance, repair, and replacement costs of the Santa Clara Project as provided for in the Santa Clara Project Agreement. (d) USE OF THE TRUST FUND.— Except for the $15,000,000 appropriated pursuant to subsection (b)(2), all Trust Fund principal and income accruing thereon may be used by the Shivwits Band for the purposes described in subsections (b)(1) and (c). The Shivwits Band, with the approval of the Secretary, may withdraw the Trust Fund and deposit it in a mutually agreed upon private financial institution. That withdrawal shall be made pursuant to the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.). If the Shivwits Band exercises its right pursuant to this subsection to withdraw the Trust Fund and deposit it in a private financial institution, except as provided in the withdrawal plan, neither the Secretary nor the Secretary of the Treasury shall retain any oversight over or liability for the accounting, disbursement, or investment of the funds. (e) No PER CAPITA PAYMENTS. — No part of the principal of the Trust Fund, or of the income accruing thereon, or of any revenue generated from any water use subcontract, shall be distributed to any member of the Shivwits Band on a per capita basis. (f) LIMITATION.— The moneys authorized to be appropriated under subsections (b) and (c) shall not be available for expenditure or withdrawal by the Shivwits Band until the requirements of section 14 have been met so that the decree has become final and the waivers and releases executed pursuant to section 9(b) have become effective. Once the settlement becomes effective pursuant to the terms of section 14 of this Act, the assets of the Trust Fund belong to the Shivwits Band and are not returnable to the United States Government. SEC. 12. ENVIRONMENTAL COMPLIANCE. (a) NATIONAL ENVIRONMENTAL POLICY ACT. —Signing by the Secretary of the St. George Water Reuse Project Agreement, the