§ 1776d TITLE 25—INDIANS Page 544

(e) Crow Tribal Trust Fund

The Settlement Agreement shall include provisions governing the distribution of interest income to the Crow Tribe from the Crow Tribal

Trust Fund pursuant to the terms and conditions described in section 1776d of this title.

(Pub. L. 103–444, §5, Nov. 2, 1994, 108 Stat. 4635;

Pub. L. 104–109, §9(a), Feb. 12, 1996, 110 Stat. 765.)

REFERENCES IN TEXT

Act of February 22, 1889, referred to in subsec.

(d)(1)(A), is act Feb. 22, 1889, ch. 180, 25 Stat. 676, popularly known as the Montana Enabling Act. For complete classification of this Act to the Code, see Tables.

Act June 4, 1920, referred to in subsec. (d)(1)(A), is act

June 4, 1920, ch. 224, 41 Stat. 751, as amended, popularly

known as the Crow Allotment Act. For further details,

see Crow Indian Reservation note set out under section

331 of this title. For complete classification of this Act

to the Code, see Tables.

AMENDMENTS

1996—Subsec. (b)(3). Pub. L. 104–109 made technical

amendment to reference to ‘‘this subsection’’ to correct

underlying provisions of original act.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1776g of this

title.

§ 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
Page 545 TITLE 25—INDIANS § 1776h

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, §6, Nov. 2, 1994, 108 Stat. 4638;

amended Pub. L. 103–435, §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.

§ 1776e. Eligibility for other Federal services

No payments made or benefits conferred pursuant to this subchapter shall result in the reduction or denial of any Federal services or programs to any tribe or to any member of a tribe

to which the tribe or member of the tribe is entitled or eligible because of the status of the

tribe as a federally recognized Indian tribe or

the status of a member of such tribe as a member.

(Pub. L. 103–444, §7, Nov. 2, 1994, 108 Stat. 4640.)

§ 1776f. Exchanges of land or minerals

(a) In general

(1) Subject to approval by the Secretary, the

Crow Tribe may exchange any land or minerals

to which its title is recognized in or obtained

pursuant to this subchapter for other land or

minerals of substantially equivalent value within the Crow Indian Reservation (including parcel

number 1).

(2) Lands or minerals received by the Crow

Tribe in any exchange made pursuant to paragraph (1) shall be—

(A) vested in the United States in trust for

the sole use and benefit of the Crow Tribe; and

(B) recognized as part of the Crow Indian

Reservation.

(b) Ownership by non-Indians

Any land or minerals received by a person who

is not an Indian in an exchange referred to in

subsection (a) of this section shall be owned in

fee.

(Pub. L. 103–444, §8, Nov. 2, 1994, 108 Stat. 4640.)

§ 1776g. Applicability

(a) In general

This subchapter shall take effect upon the occurrence of the following conditions:

(1) The Settlement Agreement is approved

and executed by the Secretary.

(2) The Settlement Agreement is approved

and executed by the Crow Tribe.

(3) The Settlement Agreement and the releases and waivers required by section 1776c of

this title are approved and duly executed by

the Crow Tribe in accordance with the requirements and procedures set forth in the constitution of the Crow Tribe.

(4) The Settlement Agreement becomes effective in accordance with the terms and conditions specified in the Settlement Agreement.

(b) Approval of releases and waivers

The United States hereby approves and confirms the releases and waivers required by section 1776c of this title.

(Pub. L. 103–444, §9, Nov. 2, 1994, 108 Stat. 4640;

Pub. L. 104–109, §9(b), Feb. 12, 1996, 110 Stat. 765.)

AMENDMENTS

1996—Subsec. (a). Pub. L. 104–109 substituted ‘‘This

subchapter’’ for ‘‘The subchapter’’ in introductory provisions.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1776b, 1776d of

this title.

§ 1776h. Escrow funds

(a) In general

As soon as practicable after November 2, 1994,

the Secretary shall make distributions from the

107th meridian escrow fund as follows:

(1) One-half of the fund shall be distributed

to the Crow Tribe.

(2) One-half of the fund shall be distributed

to the Northern Cheyenne Tribe.

(3) The receipt and acceptance by a tribe of

funds distributed under this section shall be

deemed to be—

(A) a disclaimer, relinquishment and waiver by such tribe of all right, claim or interest in the 107th meridian escrow fund; and

(B) a release by such tribe of all persons

and entities, including the United States,

from any liability arising from, or related

to, the establishment and administration of

the 107th meridian escrow fund.

(b) Establishment of Suspension Accounts

As soon as practicable after the Settlement

Agreement is executed and approved pursuant to

this subchapter, the Secretary of the Treasury

shall establish in the Treasury of the United

States two interest bearing accounts to be

known respectively as the ‘‘Crow Tribal Suspension Account’’ and the ‘‘Northern Cheyenne

Tribal Suspension Account’’ (collectively referred to in this section as the ‘‘Suspension Accounts’’), consisting of—

(1) such amounts as are transferred to the

Suspension Accounts under subsection (c) of

this section; and

(2) any interest earned on investments of

amounts in the Suspension Accounts under

subsection (e) of this section.