Page:United States Statutes at Large Volume 124.djvu/3141

124 STAT. 3115 PUBLIC LAW 111–291—DEC. 8, 2010 (iii) Renewable energy projects other than the project described in clause (i). (D) CIP OM&R ACCOUNT.— (i) IN GENERAL.—Amounts in the CIP OM&R Account shall be used for CIP OM&R costs. (ii) REDUCTION OF COSTS TO TRIBAL WATER USERS.— (I) IN GENERAL.—Subject to subclause (II), the funds described in clause (i) shall be used to reduce the CIP OM&R costs to all tribal water users on a proportional basis for a given year. (II) LIMITATION ON USE OF FUNDS.—Funds in the CIP OM&R Account shall be used to pay irriga- tion assessments only for the Tribe, tribal entities and instrumentalities, tribal members, allottees, and entities owned by the Tribe, tribal members, or allottees. (E) MR&I SYSTEM OM&R ACCOUNT.—Funds from the MR&I System OM&R Account shall be used to assist the Tribe in paying MR&I System OM&R costs. (4) WITHDRAWALS BY TRIBE.— (A) IN GENERAL.—The Tribe may withdraw any portion of amounts in the Fund on approval by the Secretary of a tribal management plan in accordance with the Amer- ican Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.). (B) REQUIREMENTS.— (i) IN GENERAL.—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et seq.), the tribal management plan of the Tribe under subparagraph (A) shall require that the Tribe spend any amounts withdrawn from the Fund in accordance with this title. (ii) ENFORCEMENT.—The Secretary may carry out such judicial or administrative actions as the Secretary determines to be necessary to enforce a tribal manage- ment plan to ensure that amounts withdrawn by the Tribe from the Fund under this paragraph are used in accordance with this title. (C) LIABILITY.—The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or invest- ment of amounts withdrawn from the Fund by the Tribe under this paragraph. (D) EXPENDITURE PLAN.— (i) IN GENERAL.—For each fiscal year, the Tribe shall submit to the Secretary for approval an expendi- ture plan for any portion of the amounts described in subparagraph (A) that the Tribe elects not to with- draw under this paragraph during the fiscal year. (ii) INCLUSION.—An expenditure plan under clause (i) shall include a description of the manner in which, and the purposes for which, amounts of the Tribe remaining in the Fund will be used during subsequent fiscal years. (iii) APPROVAL.—On receipt of an expenditure plan under clause (i), the Secretary shall approve the plan if the Secretary determines that the plan is—