sions of water from the San Juan River Basin under 
the Project consistent with subparagraph 9.13 of the 
Agreement. 
SEC. 402. TRUST FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury a fund to be known as the ‘‘Navajo Nation 
Water Resources Development Trust Fund’’, consisting 
of— 
(1) such amounts as are appropriated to the 
Trust Fund under subsection (f); and 
(2) any interest earned on investment of 
amounts in the Trust Fund under subsection (d). 
(b) USE OF FUNDS.—The Nation may use amounts 
in the Trust Fund— 
(1) to investigate, construct, operate, maintain, 
or replace water project facilities, including facilities 
conveyed to the Nation under this Act; and 
(2) to investigate, implement, or improve a 
water conservation measure (including a metering or 
monitoring activity) necessary for the Nation to 
make use of a water right of the Nation under the 
Agreement. 
(c) MANAGEMENT.—The Secretary shall manage the 
Trust Fund, invest amounts in the Trust Fund, and make 
amounts available from the Trust Fund for distribution 
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to the Nation in accordance with the American Indian 
Trust Fund Management Reform Act of 1994 (25 U.S.C. 
4001 et seq.). 
(d) INVESTMENT OF THE TRUST FUND.—The Sec-
retary shall invest amounts in the Trust Fund in accord-
ance with— 
(1) the Act of April 1, 1880 (25 U.S.C. 161); 
(2) the first section of the Act of June 24, 
1938 (25 U.S.C. 162a); and 
(3) the American Indian Trust Fund Manage-
ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). 
(e) CONDITIONS
FOR EXPENDITURES
AND WITH-
DRAWALS.— 
(1) TRIBAL MANAGEMENT PLAN.— 
(A) IN GENERAL.—Subject to paragraph 
(7), 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.), the Na-
tion may withdraw all or a portion of the 
amounts in the Trust Fund. 
(B) REQUIREMENTS.—In addition to any 
requirements under the American Indian Trust 
Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.), the tribal management 
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plan shall require that the Nation only use 
amounts in the Trust Fund for the purposes 
described in subsection (b). 
(2) ENFORCEMENT.—The Secretary may take 
judicial or administrative action to enforce the provi-
sions of any tribal management plan to ensure that 
any amounts withdrawn from the Trust Fund are 
used in accordance with this Act. 
(3) NO LIABILITY.—Neither the Secretary nor 
the Secretary of the Treasury shall be liable for the 
expenditure or investment of any amounts with-
drawn from the Trust Fund by the Nation. 
(4) EXPENDITURE PLAN.— 
(A) IN GENERAL.—The Nation shall sub-
mit to the Secretary for approval an expendi-
ture plan for any portion of the amounts in the 
Trust Fund made available under this section 
that the Nation does not withdraw under this 
subsection. 
(B) DESCRIPTION.—The expenditure plan 
shall describe the manner in which, and the 
purposes for which, funds of the Nation remain-
ing in the Trust Fund will be used. 
(C) APPROVAL.—On receipt of an expendi-
ture plan under subparagraph (A), the Sec-
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retary shall approve the plan if the Secretary 
determines that the plan is reasonable and con-
sistent with this Act. 
(5) ANNUAL REPORT.—The Nation shall sub-
mit to the Secretary an annual report that describes 
any expenditures from the Trust Fund during the 
year covered by the report. 
(6) LIMITATION.—No portion of the amounts in 
the Trust Fund shall be distributed to any Nation 
member on a per capita basis. 
(7) CONDITIONS.—Any amount authorized to 
be appropriated to the Trust Fund under subsection 
(f) shall not be available for expenditure or with-
drawal— 
(A) before December 31, 2018; and 
(B) until the date on which the court in 
the stream adjudication has entered— 
(i) the Partial Final Decree described 
in paragraph 3.0 of the Agreement; and 
(ii) the Supplemental Partial Final 
Decree described in paragraph 4.0 of the 
Agreement. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated for deposit in the Trust 
Fund— 
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(1) $6,000,000 for each of fiscal years 2008 
through 2012; and 
(2) $4,000,000 for each of fiscal years 2013 
through 2017. 
SEC. 403. WAIVERS AND RELEASES. 
(a) EXECUTION.—The Nation, on behalf of itself and 
members of the Nation (other than members in their ca-
pacity as allottees), and the United States, acting through 
the Secretary and in its capacity as trustee for the Nation, 
shall execute waivers and releases in accordance with 
paragraph 7.0 of the Agreement. 
(b) RESERVATION.—Notwithstanding subsection (a), 
the Nation and its members (including members in their 
capacity as allottees) and the United States, as trustee 
for the Nation and allottees, shall retain the rights and 
claims specified in paragraph 7.0 of the Agreement. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—The waivers and releases de-
scribed in subsection (a) shall be effective on the 
date on which the Secretary publishes in the Federal 
Register a statement of findings documenting that 
each of the deadlines described in section 401(f)(1) 
have been met. 
(2) DEADLINE.—If the deadlines in section 
401(f)(1)(A) have not been met by the later of 
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March 1, 2023, or the date of any extension under 
section 401(f)(1)(B)— 
(A) the waivers and releases described in 
subsection (a) shall be of no effect; and 
(B) section 401(f)(2)(B) shall apply. 
Æ 
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