[Title 25 CFR 183]
[Code of Federal Regulations (annual edition) - April 1, 2002 Edition]
[Title 25 - INDIANS]
[Chapter I - BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR]
[Subchapter H - LAND AND WATER]
[Part 183 - USE AND DISTRIBUTION OF THE SAN CARLOS APACHE TRIBE DEVELOPMENT TRUST FUND AND SAN CARLOS APACHE TRIBE LEASE FUND]
[From the U.S. Government Printing Office]
25INDIANS12002-04-012002-04-01falseUSE AND DISTRIBUTION OF THE SAN CARLOS APACHE TRIBE DEVELOPMENT TRUST FUND AND SAN CARLOS APACHE TRIBE LEASE FUND183PART 183INDIANSBUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIORLAND AND WATER
PART 183--USE AND DISTRIBUTION OF THE SAN CARLOS APACHE TRIBE DEVELOPMENT TRUST FUND AND SAN CARLOS APACHE TRIBE LEASE FUND--Table of Contents
Subpart A--Introduction
Sec.
183.1 What is the purpose of this part?
183.2 What terms do I need to know?
183.3 Does the American Indian Trust Fund Management Reform Act of 1994
apply to this part?
Subpart B--Trust Fund Disposition
Use of Principal and Income
183.4 How can the Tribe use the principal and income from the Trust
Fund?
Clearance Requirements
183.5 What documents must the Tribe submit to request money from the
Trust Fund?
183.6 How long will it take to get a decision?
183.7 What would cause the Secretary to disapprove a request?
Limitations
183.8 How can the Tribe spend funds?
Subpart C--Lease Fund Disposition
Use of Principal and Income
183.9 Can the Tribe request the principal of the Lease Fund?
183.10 How can the Tribe use income from the Lease Fund?
Clearance Requirements
183.11 What documents must the Tribe submit to request money from the
Lease Fund?
183.12 How long will it take to receive a decision?
183.13 What would cause the Secretary to disapprove a request?
Limitations
183.14 What limits are there on how the Tribe can spend funds?
Subpart D--Reports
183.15 Must the Tribe submit any reports?
183.16 What information must be included in the Tribe's annual report?
Subpart E--Liability
183.17 If expenditures under this part lead to a claim or cause of
action, who is liable?
183.18 Information collection requirements
Authority: Pub. L. 102-575, 106 Stat. 4740 et seq.
Source: 66 FR 21088, Apr. 27, 2001, unless otherwise noted.
Subpart A--Introduction
Sec. 183.1 What is the purpose of this part?
This part implements section 3707(e) of the San Carlos Apache Tribe
Water Settlement Act (the Act), Public Law 102-575, 106 Stat. 4748, that
requires regulations to administer the Trust Fund, and the Lease Fund
established by the Act.
Sec. 183.2 What terms do I need to know?
In this part:
Administrative costs means any cost, including indirect costs,
incurred by the Tribe reasonably related to an allowed use of funds
under the Settlement Act, including indirect costs.
Beneficial use means any use to which the Tribe's water entitlement
is put
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that is authorized by the Settlement Act, the Settlement Agreement, or
by the Tribal Council under the Settlement Act, the Settlement Agreement
or otherwise permitted by law.
CAP means the Central Arizona Project, a reclamation project
authorized under title III of the Colorado River Basin Project Act of
1968 (43 U.S.C. 1521 et seq.).
Community development project or purpose means any business,
recreational, social, health, education, environment, or general welfare
project approved by the Tribal Council for the benefit of any community
within the reservation.
Economic development project or purpose means any commercial,
industrial, agricultural, or business project approved by the Tribal
Council for the purpose of profit to the Tribe.
Income means interest or income earned or accrued on the principal
of the Trust Fund or the Lease Fund and is available for distribution to
the Tribe in accordance with the Settlement Act and this part. Beginning
with calendar year 2001, any income that has been earned or has accrued
on the principal of the Trust Fund or the Lease Fund and that has not
been requested for distribution by the Tribe by December 31, shall
become part of the principal of the Trust Fund or the Lease Fund on
January 1 of the next calendar year.
Lease Fund means the San Carlos Apache Tribe Lease Fund established
in the Treasury of the United States under section 3711(d)(3)(E)(iv) of
the Settlement Act.
Principal means:
(1) The amount of funds in the Trust Fund or the Lease Fund as of
January 1, 2002; and
(2) Any income thereon that is not distributed, and has been added
to the principal, in accordance with the Settlement Act and this part.
Pro forma budget means a budget, and operating statement, showing
the estimated results for operating the economic development project for
two years after injection of the principal or income into the operation.
Secretary means the Secretary of the Interior or an authorized
representative acting under delegated authority. The term ``Secretary':
(1) Includes the Regional Director for the Western Regional Office
of the Bureau of Indian Affairs; and
(2) Does not include the Superintendent of the San Carlos Agency of
the Bureau of Indian Affairs.
Settlement Act means the San Carlos Apache Tribe Water Settlement
Act of 1992, Title XXXVII of Public Law 102-575, 106 Stat. 4740, and any
amendments thereto.
Settlement Agreement means the agreement and any amendments executed
and approved in accordance with the Settlement Act.
Tribe means the San Carlos Apache Tribe, a Tribe of Apache Indians,
under the Apache Treaty, July 1, 1852, 10 Stat. 970, organized under
section 16 of the Indian Reorganization Act of June 18, 1934 (48 Stat.
987; 25 U.S.C. 476), and duly recognized by the Secretary of the
Interior.
Trust Fund means the San Carlos Apache Tribe Development Trust Fund
established in the Treasury of the United States under section 3707(b)
of the Settlement Act.
We and us mean the Secretary of the Interior as defined in this
section.
Sec. 183.3 Does the American Indian Trust Fund Management Reform Act of 1994 apply to this part?
Yes. We will manage and make distributions from the Trust Fund in
accordance with the American Indian Trust Funds Management Act of 1994
(Management Act), except where the Management Act conflicts with the
Settlement Act or this part. If there is a conflict, we will follow the
provisions of the Settlement Act or this part.
Subpart B--Trust Fund Disposition
Use of Principal and Income
Sec. 183.4 How can the Tribe use the principal and income from the Trust Fund?
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;
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(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.
Clearance Requirements
Sec. 183.5 What documents must the Tribe submit to request money from the Trust Fund?
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.
Sec. 183.6 How long will it take to get a decision?
Within 30 days of receiving the information required by Sec. 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.
Sec. 183.7 What would cause the Secretary to disapprove a request?
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 Sec. 183.5;
(b) Fails to provide reports required under Secs. 183.15 and 183.16;
or
(c) Includes a use requested or written budget that does not comply
with a specific provision of the Settlement Act, or this part.
Limitations
Sec. 183.8 How can the Tribe spend funds?
(a) The Tribe must spend principal or income distributed from the
Trust Fund only in accordance with a written budget submitted under
Sec. 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.
Subpart C--Lease Fund Disposition
Use of Principal and Income
Sec. 183.9 Can the Tribe request the principal of the Lease Fund?
No. We cannot distribute the principal from the Lease Fund to the
Tribe.
Sec. 183.10 How can the Tribe use income from the Lease Fund?
The Tribe may use income from the Lease Fund for the following
purposes:
(a) For economic development purposes;
(b) For community development purposes; and
(c) For administrative costs reasonably related to the above.
Clearance Requirements
Sec. 183.11 What documents must the Tribe submit to request money from the Lease Fund?
To request a distribution of income from the Lease 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 Lease Fund;
(b) A pro forma budget for each identified economic development
project and a program budget for each identified community development
project,
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approved by the Tribal Council, showing precisely how the Tribe will
spend the money;
(c) Supporting documentation for the budgets required by paragraph
(b) of this section, and
(d) A certification stating that the Tribe will use the funds in
accordance with budgets submitted under this section.
Sec. 183.12 How long will it take to receive a decision?
Within 30 days of receiving the information required by Sec. 183.11
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.
Sec. 183.13 What would cause the Secretary to disapprove a request?
We will only disapprove a request for distribution of income from
the Lease Fund if the request does any of the following:
(a) Fails to provide the documents identified in Sec. 183.5;
(b) Fails to provide reports required under Secs. 183.15 and 183.16;
or
(c) Includes a use requested or written budget that does not comply
with a specific provision of the Settlement Act or this part.
Limitations
Sec. 183.14 What limits are there on how the Tribe can spend funds?
(a) The Tribe must spend income distributed from the Lease Fund only
in accordance with a written budget submitted under Sec. 183.5.
(b) The Tribe must not spend the income from the Lease Fund to make
per capita payments to members of the Tribe.
Subpart D--Reports
Sec. 183.15 Must the Tribe submit any reports?
Yes. The Tribe must submit the following reports after receiving
funds under this part:
(a) An Annual Report, that must be submitted no later than December
31 of each year; and
(b) A Financial Audit, that must be submitted no later than March 1
of each year.
Sec. 183.16 What information must be included in the Tribe's annual report?
The Tribe's annual report must contain the following information:
(a) An accounting of the expenditures of funds distributed to the
Tribe from the Trust Fund or the Lease Fund for the preceding 12 months;
(b) A description, in detail, of how the Tribe has used the funds
distributed from the Trust Fund or the Lease Fund consistently with the
requirements in the Settlement Act, this part, and the budget approved
by the Tribal Council and the Secretary; and
(c) Sufficient documentation for us to determine that the Tribe has
satisfied the requirements of paragraph (b) of this section.
Subpart E--Liability
Sec. 183.17 If expenditures under this part lead to a claim or cause of action, who is liable?
The Tribe may be liable. The United States must not be liable for
any claim or cause of action arising from the Tribe's use or expenditure
of monies distributed from the Trust Fund or the Lease Fund.
Sec. 183.18 Information collection requirements
The information collection requirements contained in this part do
not meet the requirements of ``ten or more persons'' annually;
therefore, the Office of Management and Budget does not need to clear
the collection. You may direct comments concerning this information
collection to the Bureau of Indian Affairs, Information Collection
Control Officer, 1849 C Street, NW, Washington, DC 20240.
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