§ 1776d. — Establishment and administration of Crow Tribal Trust Fund.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1776d]
TITLE 25--INDIANS
CHAPTER 19--INDIAN LAND CLAIMS SETTLEMENTS
SUBCHAPTER X--CROW LAND CLAIMS SETTLEMENT
Sec. 1776d. Establishment and administration of Crow Tribal
Trust Fund
(a) Establishment
(1) In general
There is established in the Treasury of the United States a
trust fund to be known as the ``Crow Tribal Trust Fund''.
(2) Availability of amounts in the Crow Tribal Trust Fund
Amounts in the Crow Tribal Trust Fund shall be available,
without fiscal year limitation, to the Secretary for distribution to
the Crow Tribe in accordance with subsection (d) of this section.
(b) Contributions
(1) In general
Subject to paragraph (2) and the requirements of section 1776h
of this title--
(A) on or before November 30, 1994, the Secretary of the
Treasury shall deposit into the Crow Tribal Trust Fund an amount
equal to the amounts of royalties received and retained by the
United States during fiscal year 1994 from the East Decker, West
Decker, and Spring Creek coal mines; and
(B) commencing with fiscal year 1995 and for such period
thereafter as may be necessary, the Secretary and the Secretary
of the Treasury shall make necessary and proper arrangements for
the monthly payment, transfer, or deposit (or any combination
thereof) into the Crow Tribal Trust Fund of the royalties
received and retained by the United States for the immediately
preceding month from the East Decker, West Decker, and Spring
Creek coal mines in the State of Montana for the life of such
mines, including any extensions of the existing leases for such
mines and any expansions of such mines to nearby and adjacent
federally owned coal deposits, as specified in the Settlement
Agreement.
(2) Amount of royalties
The total amount of royalties described in paragraph (1) that
are paid, transferred, or deposited into the Crow Tribal Trust Fund
shall not exceed, in the aggregate, $85,000,000, excluding--
(A) any interest earned on moneys in the Crow Tribal Trust
Fund; and
(B) the funds transferred to the Suspension Accounts
pursuant to section 1776h of this title.
(3) Payments of royalties received and retained by the
United States
Subject to paragraph (2) and the requirements of section 1776h
of this title, the royalties received and retained by the United
States from the East Decker, West Decker, and Spring Creek coal
mines shall be paid, transferred or deposited into the Crow Tribal
Trust Fund not later than 30 days after the date on which the
royalties are due and paid.
(4) Additional payments
The Federal Government shall make payments, in addition to the
payments referred to in paragraph (3), from the royalties received
and retained by the United States from other coal mines within the
State of Montana into the Crow Tribal Trust Fund in an amount equal
to any lost interest income (as determined by the Secretary), if any
portion of the sums described in paragraph (3) are not paid,
transferred or deposited into the Crow Tribal Trust Fund within the
30-day period prescribed in paragraph (3).
(c) Investment
At the request of the Secretary, the Secretary of the Treasury shall
invest all sums deposited into, accruing to, and remaining in, the Crow
Tribal Trust Fund in accordance with section 161a of this title.
(d) Distribution of interest
(1) In general
Only the interest received on funds in the Crow Tribal Trust
Fund shall be available for distribution by the Secretary to the
Crow Tribe for use for education, land acquisition, economic
development, youth and elderly programs or other tribal purposes in
accordance with plans and budgets developed and approved by the Crow
Tribe and approved by the Secretary.
(2) Requirements for distribution of interest
Commencing with fiscal year 1996 and for each fiscal year
thereafter, without fiscal year limitation, the interest received on
monies in the Crow Tribal Trust Fund shall be available for
distribution under this subsection only if--
(A) the United States and the Crow Tribe enter into the
Settlement Agreement; and
(B) the requirements of section 1776g of this title relating
to the approval and execution of the Settlement Agreement are
satisfied.
(3) Prohibition
No portion of the Crow Tribal Trust Fund or the interest earned
on the Crow Tribal Trust Fund may be distributed to members of the
Crow Tribe on a per capita basis.
(e) Use of interest for economic development
Notwithstanding any other provision of law, the Crow Tribe may,
subject to approval by the Secretary, assign the right of the Crow Tribe
to the interest earned on monies in the Crow Tribal Trust Fund to a
third party in connection with loans made for economic development
projects on or near the Crow Indian Reservation.
(f) Limitation
Notwithstanding any other provision of law, no portion of the
principal of the Crow Tribal Trust Fund shall be available for
withdrawal or disbursement or used for any purpose other than the
purposes specified in this section and section 1776h of this title.
(Pub. L. 103-444, Sec. 6, Nov. 2, 1994, 108 Stat. 4638; amended Pub. L.
103-435, Sec. 23, Nov. 2, 1994, 108 Stat. 4575.)
Amendments
1994--Subsec. (c). Pub. L. 103-435 amended subsec. (c) generally.
Prior to amendment, subsec. (c) read as follows: ``At the request of the
Secretary, the Secretary of the Treasury shall invest all sums deposited
into, accruing to, and remaining in, the Crow Tribal Trust Fund in
accordance with sections 161a to 161d of this title.''
Section Referred to in Other Sections
This section is referred to in sections 1776c, 1776h of this title.
