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Pub. L. 102-575, 106 Stat. 4740 et seq.
66 FR 21088, Apr. 27, 2001, unless otherwise noted.
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The Tribe may use the principal and income from the Trust Fund in the following ways:
(a) To put to beneficial use the water entitlement provided to the Tribe in the Settlement Act;
(b) To defray the cost to the Tribe of CAP operation, maintenance, and replacement charges;
(c) For economic development purposes; provided, however, that principal may only be used for long-term economic development projects and income may be used for other economic and community development purposes; and
(d) For Administrative Costs reasonably related to the above uses.
To request a distribution of principal or income from the Trust Fund, the Tribe must submit to us all of the following documents.
(a) A certified copy of a duly enacted resolution of the Tribal Council requesting a distribution from the Trust Fund;
(b) A written budget and supporting documentation, approved by the Tribal Council, showing precisely how the tribe will spend the money, including what amounts should come from principal and what amounts should come from income;
(c) A pro forma budget for each identified economic development project, and a program budget for each identified community development project; and
(d) A certification stating that the Tribe will use the funds in accordance with budgets submitted under this section.
Within 30 days of receiving the information required by § 183.5 we will approve your request if it complies with the Settlement Act and this part. If we disapprove your request we will do so in writing and will provide you with the reasons for disapproval.
We will only disapprove a request for the distribution of principal or income from the Trust Fund if the request does any of the following:
(a) Fails to provide the documents identified in § 183.5;
(c) Includes a use requested or written budget that does not comply with a specific provision of the Settlement Act, or this part.
(a) The Tribe must spend principal or income distributed from the Trust Fund only in accordance with a written budget submitted under § 183.5.
(b) The Tribe must not spend the principal or income from the Trust Fund to make per capita payments to members of the Tribe.