118 STAT. 3436 PUBLIC LAW 108–447—DEC. 8, 2004 SEC. 8. TRIBAL FUNDS. (a) DEFINITION OF FUND.—In this section, the term ‘‘Fund’’ means— (1) the Nez Perce Tribe Water and Fisheries Fund estab lished under subsection (b)(1); and (2) the Nez Perce Tribe Domestic Water Supply Fund estab lished 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, agri cultural 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 expendi ture 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Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal management plan shall require that the Tribe spend any amounts withdrawn from the Funds in accordance with the purposes described in subsection (b).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 with drawn from the Funds under the plan are used in accord ance with this Act and the Agreement. (D) LIABILITY.—If the Tribe exercises the right to with draw 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.
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