Common use of Funding and Use of Tribal Allocation Subaccount Clause in Contracts

Funding and Use of Tribal Allocation Subaccount. As soon as practicable after the Trust Effective Date, the Trustee shall fund the Tribal Allocation Subaccount by transferring into it from the Trust Account the funds allocated to it as set forth in Appendix D-1. These funds may only be used to fund Eligible Mitigation Actions and Eligible Mitigation Action Administrative Expenditures in the United States, and for technical assistance as discussed below. After lodging the Consent Decree, the United States shall consult with interested federally-recognized Indian tribes for a 60-Day period, in order to establish a mechanism for allocating the funds in the Tribal Allocation Subaccount among those tribes that are deemed Beneficiaries hereunder, including allowing up to 5% of those funds to be directed towards technical assistance to enable tribes to prepare funding requests for Eligible Mitigation Actions. The United States may file a motion with the Court seeking approval of the allocation mechanism resulting from the consultation process (“Consultation Motion”) by the later of: (i) 6 months after the date the Consent Decree is lodged; or (ii) 30 Days after the Trust Effective Date. 2.1.1.1 If no Consultation Motion is timely filed, the Trustee shall post on its public-facing website, within 30 Days of the final deadline for filing a Consultation Motion pursuant to the preceding subparagraph, a “Notice of Termination of Tribal Consultation Period,” and implement the Tribal Allocation Instructions set forth at subparagraph 5.0.5. 2.1.1.2 If no Consultation Motion is timely filed that provides otherwise, any funding request submitted by an Indian tribe may include a request for an amount equaling up to 5% of the total funding request to be disbursed by the Trustee towards the reimbursement of documented costs incurred by the tribe for technical assistance in developing the funding request. 2.1.1.3 If a Consultation Motion is timely filed, the Trustee shall comply with the Court’s order when issued. 2.1.1.4 In any case, prior to receiving any funds, each Indian tribe must establish Beneficiary status hereunder by filing with the Court, at the time it submits its first funding request, certifications consistent with subparagraph 4.

Funding and Use of Tribal Allocation Subaccount. As soon as practicable after the Trust Effective Date, the Trustee shall fund the Tribal Allocation Subaccount by transferring into it from the Trust Account the funds allocated to it as set forth in Appendix D-1. These funds may only be used to fund Eligible Mitigation Actions and Eligible Mitigation Action Administrative Expenditures in the United States, and for technical assistance as discussed below. After lodging the Consent Decree, the United States shall consult with interested federally-recognized Indian tribes for a 60-Day period, in order to establish a mechanism for allocating the funds in the Tribal Allocation Subaccount among those tribes that are deemed Beneficiaries hereunder, including allowing up to 5% of those funds to be directed towards technical assistance to enable tribes to prepare funding requests for Eligible Mitigation Actions. The United States may file a motion with the Court seeking approval of the allocation mechanism resulting from the consultation process (“Consultation Motion”) by the later of: (i) 6 months after the date the Consent Decree is lodged; or (ii) 30 Days after the Trust Effective Date. 2.1.1.1 If no Consultation Motion is timely filed, the Trustee shall post on its public-facing website, within 30 Days of the final deadline for filing a Consultation Motion pursuant to the preceding subparagraph, a “Notice of Termination of Tribal Consultation Period,” and implement the Tribal Allocation Instructions set forth at subparagraph 5.0.5. 2.1.1.2 If no Consultation Motion is timely filed that provides otherwise, any funding request submitted by an Indian tribe may include a request for an amount equaling up to 5% of the total funding request to be disbursed by the Trustee towards the reimbursement of documented costs incurred by the tribe for technical assistance in developing the funding request. 2.1.1.3 If a Consultation Motion is timely filed, the Trustee shall comply with the Court’s order when issued. 2.1.1.4 In any case, prior to receiving any funds, each Indian tribe must establish Beneficiary status hereunder by filing with the Court, at the time it submits its first funding request, certifications consistent with subparagraph 4.

Funding and Use of Tribal Allocation Subaccount. As soon as practicable after the Trust Effective Date, the Trustee shall fund the Tribal Allocation Subaccount by transferring into it from the Trust Account the funds allocated to it as set forth in Appendix D-1. These funds may only be used to fund Eligible Mitigation Actions and Eligible Mitigation Action Administrative Expenditures in the United States, and for technical assistance as discussed below. After lodging the Consent Decree, the United States shall consult with interested federally-recognized Indian tribes for a 60-Day period, in order to establish a mechanism for allocating the funds in the Tribal Allocation Subaccount among those tribes that are deemed Beneficiaries hereunder, including allowing up to 5% of those funds to be directed towards technical assistance to enable tribes to prepare funding requests for Eligible Mitigation Actions. The United States may file a motion with the Court seeking approval of the allocation mechanism resulting from the consultation process (“Consultation Motion”) by the later of: (i) 6 months after the date the Consent Decree is lodged; or (ii) 30 Days after the Trust Effective Date. 2.1.1.1 If no Consultation Motion is timely filed, the Trustee shall post on its public-facing website, within 30 Days of the final deadline for filing a Consultation Motion pursuant to the preceding subparagraph, a “Notice of Termination of Tribal Consultation Period,” and implement the Tribal Allocation Instructions set forth at subparagraph 5.0.5. 2.1.1.2 If no Consultation Motion is timely filed that provides otherwise, any funding request submitted by an Indian tribe may include a request for an amount equaling up to 5% of the total funding request to be disbursed by the Trustee towards the reimbursement of documented costs incurred by the tribe for technical assistance in developing the funding request. 2.1.1.3 If a Consultation Motion is timely filed, the Trustee shall comply with the Court’s order when issued. 2.1.1.4 In any case, prior to receiving any funds, each Indian tribe must establish Beneficiary status hereunder by filing with the Court, at the time it submits its first funding request, certifications consistent with subparagraph 44.2. Any funding request submitted by any Indian tribe Case 3:15-md-02672-CRB Document 2103-1 Filed 10/25/16 Page 185 of 225 4 APPENDIX D TO PARTIAL CONSENT DECREE MDL No. 2672 CRB (JSC) must comply with the requirements of subparagraphs 5.2.2 through 5.2.13 and 5.3, and each allocation given to any Indian tribe that is determined to be a Beneficiary shall be subject to subparagraph 5.4.