H. R. 4818—627
(i) a due process system for the consideration and
determination of any request by an allottee, or any
successor in interest to an allottee, for an allocation
of such water for irrigation purposes on allotted land,
including a process for an appeal and adjudication
of denied or disputed distribution of water and for
resolution of contested administrative decisions; and
(ii) a process to protect the interests of allottees
when entering into any lease under subsection (e).
(2) SECRETARIAL APPROVAL.—Any provision of the water
code and any amendments to the water code that affect the
rights of the allottees shall be subject to approval by the Sec-
retary, and no such provision or amendment shall be valid
until approved by the Secretary.
(3) INTERIM ADMINISTRATION.—The Secretary shall admin-
ister the consumptive use reserved water right until such date
as the water code described in paragraph (2) has been enacted
by the Tribe and the Secretary has approved the relevant
portions of the water code.
(c) EXHAUSTION
OF REMEDIES.—Before asserting any claim
against the United States under section 7 of the Act of February
8, 1887 (25 U.S.C. 381) or other applicable law, a claimant shall
exhaust remedies available under the Tribe’s water code and Tribal
law.
(d) PETITION TO THE SECRETARY.—Following exhaustion of rem-
edies in accordance with subsection (c), a claimant may petition
the Secretary for relief.
(e) SATISFACTION OF CLAIMS.—
(1) IN
GENERAL.—The water rights and other benefits
granted or confirmed by the Agreement and this Act shall
be in full satisfaction of all claims for water rights and injuries
to water rights of the allottees.
(2) SATISFACTION OF ENTITLEMENTS.—Any entitlement to
water of any allottee under Federal law shall be satisfied out
of the consumptive use reserved water right.
(3) COMPLETE SUBSTITUTION.—The water rights, resources,
and other benefits provided by this Act are a complete substi-
tution for any rights that may have been held by, or any
claims that may have been asserted by, allottees within the
exterior boundaries of the Reservation before the date of enact-
ment of this Act.
(f) ABANDONMENT, FORFEITURE, OR NONUSE.—The consumptive
use reserved water right and the springs or fountains water right
shall not be subject to loss by abandonment, forfeiture, or nonuse.
(g) LEASE OF WATER.—
(1) IN
GENERAL.—Subject to the water code, the Tribe,
without further approval of the Secretary, may lease water
to which the Tribe is entitled under the consumptive use
reserved water right through any State water bank in the
same manner and subject to the same rules and requirements
that govern any other lessor of water to the water bank.
(2) FUNDS.—Any funds accruing to the Tribe from any
lease under paragraph (1) shall be the property of the Tribe,
and the United States shall have no trust obligation or other
obligation to monitor, administer, or account for any consider-
ation received by the Tribe under any such lease.
H. R. 4818—628
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.
H. R. 4818—629
(2) EXPENDITURE PLAN.—
(A) IN GENERAL.—The Tribe shall submit to the Sec-
retary 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 distrib-
uted 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.
SEC. 9. SALMON AND CLEARWATER RIVER BASINS HABITAT FUND.
(a) ESTABLISHMENT OF FUND.—
(1) IN GENERAL.—There is established in the Treasury of
the United States a fund to be known as the ‘‘Salmon and
Clearwater River Basins Habitat Fund’’ (referred to in this
section as the ‘‘Fund’’), to be administered by the Secretary.
(2) ACCOUNTS.—There is established within the Fund—
(A) an account to be known as the ‘‘Nez Perce Tribe
Salmon and Clearwater River Basins Habitat Account’’,
which shall be administered by the Secretary for use by
the Tribe subject to the same provisions for management,
investment, and expenditure as the funds established by
section 8; and
(B) an account to be known as the ‘‘Idaho Salmon
and Clearwater River Basins Habitat Account’’, which shall
be administered by the Secretary and provided to the State
as provided in the Agreement and this Act.
(b) USE OF THE FUND.—
(1) IN GENERAL.—The Fund shall be used to supplement
amounts made available under any other law for habitat protec-
tion and restoration in the Salmon and Clearwater River Basins