Welcome to the South Dakota webpage of the Volkswagen Diesel Emissions Environmental Mitigation Trust for State Beneficiaries, Puerto Rico, and the District of Columbia (the “State Trust”). On January 29, 2018 the Trustee filed a Notice of Beneficiary Designation with the United States District Court for the Northern District of California (the “Court”), designating South Dakota as a Beneficiary of the State Trust.
Selection and Oversight of Eligible Mitigation Actions
As a Beneficiary, South Dakota is responsible for selecting Eligible Mitigation Actions and certifying that any such Eligible Mitigation Action meets all the requirements of the State Trust. The Trustee shall have no duty to monitor or supervise the use of Trust Funds paid in accordance with the Beneficiary’s Eligible Mitigation Action Certification (Appendix D-4) and Funding Direction forms or any Beneficiary’s compliance with an Eligible Mitigation Action. The Trustee may rely upon, with no further duty of inquiry, and shall be protected in acting upon, the certifications made by and delivered to it by the Beneficiaries. (See paragraph 3.5.4 of the Trust).
Each Beneficiary is responsible for oversight of the proposed Eligible Mitigation Action (see paragraph 5.2.7 of the Trust) and each Beneficiary is required to maintain and make publicly available all documentation submitted in support of the each funding request and all records supporting all expenditures of Eligible Mitigation Action funds, subject to applicable laws governing the publication of confidential business information, together with an explanation of the procedure by which the Beneficiary shall make such documentation publicly available (see subparagraph 220.127.116.11 of the Trust). Beneficiaries are also responsible for certifying that all vendors were selected in accordance with state or tribal public contracting laws, as applicable (see paragraph 5.2.5 of the Trust).
Questions regarding Eligible Mitigation Actions: If you have questions or would like more information regarding Eligible Mitigation Actions, please contact the Lead Agency contact(s) designated for this Beneficiary.
What You Will Find Here
On this webpage, you will find current and historical information and reports concerning Eligible Mitigation Actions, including (with references to sections of the State Trust agreement):
|From the Trustee||From the Beneficiary|