TRIBAL FUNDS.

SEC. 8. TRIBAL FUNDS. (a) Definition of Fund.—In this section, the term “Fund” means—(1) the Nez Perce Tribe Water and Fisheries Fund established under subsection (b)(1); and (2) the Nez Perce Tribe Domestic Water Supply Fund established under subsection (b)(2). (b) Establishment.—There are established in the Treasury of the United States—(1) a fund to be known as the “Nez Perce Tribe Water and Fisheries Fund”, to be used to pay or reimburse costs incurred by the Tribe in acquiring land and water rights, restoring or improving fish habitat, or for fish production, agricultural development, cultural preservation, water resource development, or fisheries-related projects; and (2) a fund to be known as the “Nez Perce Domestic Water Supply Fund”, to be used to pay the costs for design and construction of water supply and sewer systems for tribal communities, including a water quality testing laboratory. (c) Management of the Funds.—The Secretary shall manage the Funds, make investments from the Funds, and make amounts available from the Funds for distribution to the Tribe consistent with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), this Act, and the Agreement. (d) Investment of the Funds.—The Secretary shall invest amounts in the Funds in accordance with—(1) the Act of April 1, 1880 (25 U.S.C. 161; 21 Stat. 70, chapter 41); (2) the first section of the Act of June 24, 1938 (25 U.S.C. 162a; 52 Stat. 1037, chapter 648); and (3) subsection (c). (e) Availability of Amounts From the Funds.—Amounts made available under subsection (h) shall be available for expenditure or withdrawal only after the waivers and releases under section 10(a) take effect. (f) Expenditures and Withdrawal.—(1) Tribal management plan.—(A) In general.—The Tribe may withdraw all or part of amounts in the Funds on approval by the Secretary of a tribal management plan as described in the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.). (B) Requirements.—In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal management plan shall require that the Tribe spend any amounts withdrawn from the Funds in accordance with the purposes described in subsection (b). (C) Enforcement.—The Secretary may take judicial or administrative action to enforce the provisions of any tribal management plan to ensure that any amounts withdrawn from the Funds under the plan are used in accordance with this Act and the Agreement. (D) Liability.—If the Tribe exercises the right to withdraw amounts from the Funds, neither the Secretary nor the Secretary of the Treasury shall retain any liability for the expenditure or investment of the amounts. 118 STAT. 3437(2) Expenditure plan.—(A) In general.—The Tribe shall submit to the Secretary for approval an expenditure plan for any portion of the amounts made available under subsection (h) that the Tribe does not withdraw under this subsection. (B) Description.—The expenditure plan shall describe the manner in which, and the purposes for which, amounts of the Tribe remaining in the Funds will be used. (C) Approval.—On receipt of an expenditure plan under subparagraph (A), the Secretary shall approve the plan if the Secretary determines that the plan is reasonable and consistent with this Act and the Agreement. (D) Annual report.—For each Fund, the Tribe shall submit to the Secretary an annual report that describes all expenditures from the Fund during the year covered by the report. (g) No Per Capita Payments.—No part of the principal of the Funds, or of the income accruing in the Funds, shall be distributed to any member of the Tribe on a per capita basis. (h) Authorization of Appropriations.—There are authorized to be appropriated—(1) to the Nez Perce Tribe Water and Fisheries Fund—(A) for fiscal year 2007, $7,830,000;(B) for fiscal year 2008, $4,730,000;(C) for fiscal year 2009, $7,380,000;(D) for fiscal year 2010, $10,080,000;(E) for fiscal year 2011, $11,630,000;(F) for fiscal year 2012, $9,450,000; and(G) for fiscal year 2013, $9,000,000; and (2) to the Nez Perce Tribe Domestic Water Supply Fund—(A) for fiscal year 2007, $5,100,000;(B) for fiscal year 2008, $8,200,000;(C) for fiscal year 2009, $5,550,000;(D) for fiscal year 2010, $2,850,000; and(E) for fiscal year 2011, $1,300,000.