Common use of Final Disposition of Indian Tribe Trust Assets Clause in Contracts

Final Disposition of Indian Tribe Trust Assets. Not later than the eleventh anniversary of the Trust Effective Date, any unused funds held by any Beneficiary shall be returned to the Indian Tribe Mitigation Trust. After the eleventh anniversary of the Trust Effective Date, any Trust Assets held in the Indian Tribe Trust Account or any subaccount (including, but not limited to, the Tribal Allocation Subaccount and the Tribal Administration Cost Subaccount) that are not needed for final Trust Administration Costs shall be deemed to have been donated by the Indian Tribe Trust to fund Eligible Mitigation Actions administered by Federal Agencies that have custody, control, or management of land in the United States that is impacted by excess NOx emissions (including, but not limited to, Clean Air Act Class I and II areas) and that have the legal authority to accept such funds, in accordance with instructions to be provided by the United States. If no such Federal Agencies exist, the United States will file a motion, with notice to the Defendants and the Beneficiaries, requesting the Court to order that any Trust Assets held in the Indian Tribe Trust Account (or any subaccount thereof) be distributed either to a governmental unit or to another trust, the income of which is excluded from gross income under the provisions of Internal Revenue Xxxx Xxxxxxx 000, 00 X.X.X. § 000.

Appears in 5 contracts

Samples: Environmental Mitigation Trust Agreement, www.4cleanair.org, www.arb.ca.gov

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Final Disposition of Indian Tribe Trust Assets. Not later than October 2, 2024, the eleventh seventh anniversary of the Trust Effective Date, any unused funds held by any Beneficiary shall be returned to the Indian Tribe Mitigation Trust. After the eleventh seventh anniversary of the Trust Effective Date, any Trust Assets held in the Indian Tribe Trust Account or any subaccount (including, but not limited to, the Tribal Allocation Subaccount and the Tribal Administration Cost Subaccount) that are not needed for final Trust Administration Costs shall be deemed to have been donated by the Indian Tribe Trust to fund Eligible Mitigation Actions administered by Federal Agencies that have custody, control, or management of land in the United States that is impacted by excess NOx emissions (including, but not limited to, Clean Air Act Class I and II areas) and that have the legal authority to accept such funds, in accordance with instructions to be provided by the United States. If no such Federal Agencies exist, the United States will file a motion, with notice to the Defendants and the Beneficiaries, requesting the Court to order that any Trust Assets held in the Indian Tribe Trust Account (or any subaccount thereof) be distributed either to a governmental unit or to another trust, the income of which is excluded from gross income under the provisions of Internal Revenue Xxxx Xxxxxxx 000, 00 X.X.X. § 000.

Appears in 1 contract

Samples: Environmental Mitigation Trust Agreement

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