ment 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amounts withdrawn from the Funds in accord-
ance 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ensure that any amounts withdrawn from the 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 ex-
penditure or investment of the amounts. 
(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 avail-
able 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 re-
maining in the Funds will be used. 
(C) APPROVAL.—On receipt of an expendi-
ture plan under subparagraph (A), the Sec-
retary shall approve the plan if the Secretary 
determines that the plan is reasonable and con-
sistent with this Act and the Agreement. 
(D) ANNUAL
REPORT.—For each Fund, 
the Tribe shall submit to the Secretary an an-
nual 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) $60,100,000 to the Nez Perce Tribe Water 
and Fisheries Fund; and
(2) $23,000,000 to the Nez Perce Tribe Do-
mestic Water Supply Fund. 
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 Habi-
tat 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 Ba-
sins Habitat Account’’, which shall be adminis-
tered by the Secretary for use by the Tribe sub-
ject to the same provisions for management, in-
vestment, and expenditure as the funds estab-
lished 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 other law 
for habitat protection and restoration in the Salmon 
and Clearwater River basins, including projects and 
programs intended to protect and restore listed fish 
and their habitat in the Salmon and Clearwater ba-
sins, as specified in the Agreement and this Act. 
(2) NO ALLOCATION REQUIREMENT.—The use 
of the Fund shall not be subject to the allocation 
procedures under section 6(d)(1) of the Endangered 
Species Act of 1973 (16 U.S.C. 1535(d)(1)). 
(3) RELEASE OF FUNDS.—The Secretary shall 
release funds from the Clearwater River Basins 
Habitat Account in accordance with section 6(d)(2) 
of 
the 
Endangered 
Species 
Act 
(16 
U.S.C. 
1535(d)(2)). 
(c) AVAILABILITY OF AMOUNTS IN THE FUND.—
Amounts made available under subsection (d) shall be 
available for expenditure or withdrawal only after the 
waivers and releases under section 10(a) take effect. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated—
(1) $12,666,670 to the Nez Perce Tribe Salmon 
and Clearwater River Basins Habitat Account; and