118 STAT. 3521 PUBLIC LAW 108–451—DEC. 10, 2004 (d) ALL LAND WITHIN EXTERIOR BOUNDARIES OF THE RESERVA- TION.—Notwithstanding section 2(42), for purposes of this section, section 206, and section 210(d)— (1) the term ‘‘land within the exterior boundaries of the Reservation’’ includes— (A) land within the Reservation created pursuant to the Act of February 28, 1859, and modified by the executive orders of August 31, 1876, June 14, 1879, May 5, 1882, November 15, 1883, July 31, 1911, June 2, 1913, August 27, 1914, and July 19, 1915; and (B) land located in sections 16 and 36, T. 4 S., R. 4 E., Salt and Gila River Baseline and Meridian; and (2) the term ‘‘off-Reservation’’ refers to land located outside the exterior boundaries of the Reservation (as defined in para- graph (1)). (e) NO RIGHTS TO WATER.—Upon the occurrence of the enforce- ability date— (1) all land held by the United States in trust for the Community, Community members, and allottees and all land held by the Community within the exterior boundaries of the Reservation shall have no rights to water other than those specifically granted to the Community and the United States for the Reservation pursuant to paragraph 4.0 of the Gila River agreement; and (2) all water usage on land within the exterior boundaries of the Reservation, including the land located in sections 16 and 36, T. 4 S., R. 4 E., Salt and Gila River Baseline and Meridian, upon acquisition by the Community or the United States on behalf of the Community, shall be taken into account in determining compliance by the Community and the United States with the limitations on total diversions specified in subparagraph 4.2 of the Gila River agreement. SEC. 208. GILA RIVER INDIAN COMMUNITY WATER OM&R TRUST FUND. (a) ESTABLISHMENT.—There is established in the Treasury of the United States a fund to be known as the ‘‘Gila River Indian Community Water OM&R Fund’’, to be managed and invested by the Secretary, consisting of $53,000,000, the amount made avail- able for this purpose under paragraph (2)(B) of section 403(f) of the Colorado River Basin Project Act (43 U.S.C. 1543(f)) (as amended by section 107(a)). (b) MANAGEMENT.—The Secretary shall manage the Water OM&R Fund, make investments from the Fund, and make monies available from the Fund for distribution to the Community con- sistent with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), hereafter referred to in this section as the ‘‘Trust Fund Reform Act’’. (c) INVESTMENT OF THE FUND.—The Secretary shall invest amounts in the Fund in accordance with— (1) the Act of April 1, 1880 (21 Stat. 70, chapter 41; 25 U.S.C. 161); (2) the first section of the Act of June 24, 1938 (52 Stat. 1037, chapter 648; 25 U.S.C. 162a); and (3) subsection (b). (d) EXPENDITURES AND WITHDRAWALS.— (1) TRIBAL MANAGEMENT PLAN.— VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00055 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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