Page:United States Statutes at Large Volume 118.djvu/3552

 118 STAT. 3522 PUBLIC LAW 108–451—DEC. 10, 2004 (A) IN GENERAL.—The Community may withdraw all or part of the Water OM&R Fund on approval by the Secretary of a tribal management plan as described in the Trust Fund Reform Act. (B) REQUIREMENTS.—In addition to the requirements under the Trust Fund Reform Act, the tribal management plan shall require that the Community only spend any funds, as provided in the Gila River agreement, to assist in paying operation, maintenance, and replacement costs associated with the delivery of CAP water for Community purposes. (2) ENFORCEMENT.—The Secretary may take judicial or administrative action to enforce the provisions of any tribal management plan to ensure that the monies withdrawn from the Water OM&R Fund are used in accordance with this Act. (3) LIABILITY.—If the Community exercises the right to withdraw monies from the Water OM&R Fund, neither the Secretary nor the Secretary of the Treasury shall retain any liability for the expenditure or investment of the monies with- drawn. (4) EXPENDITURE PLAN.— (A) IN GENERAL.—The Community shall submit to the Secretary for approval an expenditure plan for any portion of the funds made available under this section that the Community 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 Community remaining in the Water OM&R Fund 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. (5) ANNUAL REPORT.—The Community shall submit to the Secretary an annual report that describes all expenditures from the Water OM&R Fund during the year covered by the report. (e) NO DISTRIBUTION TO MEMBERS.—No part of the principal of the Water OM&R Fund, or of the interest or income accruing on the principal, shall be distributed to any Community member on a per capita basis. (f) FUNDS NOT AVAILABLE UNTIL ENFORCEABILITY DATE.— Amounts in the Water OM&R Fund shall not be available for expenditure or withdrawal by the Community until the enforce- ability date, or until January 1, 2010, whichever is later. SEC. 209. SUBSIDENCE REMEDIATION PROGRAM. (a) IN GENERAL.—Subject to the availability of funds and con- sistent with the provisions of section 107(a), the Secretary shall establish a program under which the Bureau of Reclamation shall repair and remediate subsidence damage and related damage that occurs after the enforceability date. (b) DAMAGE.—Under the program, the Community, a Commu- nity member, or an allottee may submit to the Secretary a request for the repair or remediation of— (1) subsidence damage; and (2) damage to personal property caused by the settling of geologic strata or cracking in the earth’s surface of any VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00056 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4

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