Page:United States Statutes at Large Volume 123.djvu/1423

 123STA T . 1 40 3 PUBLIC LA W 111 – 11 —M A R .30, 200 9(A)INGE NE RAL.—TheNations ha l ls ubm it to the S e c-r etar yf ora p pro v alane x pen d iture plan for any portion of the amounts in the Trust F und made available under this section that the Nation does not w ithdraw under this subsection. ( B ) D E SC R IPT I O N.—The expenditure plan shall describe the manner in which , and the purposes for which, funds of the Nation remainin g in the Trust Fund will be used. ( C ) APPRO V AL.— O n 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 subtitle. ( 5 ) ANN U AL REPORT.—The Nation shall submit to the Sec- retary an annual report that describes any expenditures from the Trust Fund during the year covered by the report. ( 6 ) L I M ITATION.—No portion of the amounts in the Trust Fund shall be distributed to any Nation member on a per capita basis. ( 7 ) CON D ITIONS.—Any amount authori z ed to be appro- priated to the Trust Fund under subsection (f) shall not be available for expenditure or withdrawal— (A) before December 31, 20 1 9; and (B) until the date on which the court in the stream ad j udication has entered— (i) the P artial Final Decree; and (ii) the Supplemental Partial Final Decree. (f) AUT H ORI Z ATION O F APPROPRIATIONS.—There are authorized to be appropriated for deposit in the Trust Fund— (1) $ 6,000,000 for each of fiscal years 2010 through 201 4 and (2) $4,000,000 for each of fiscal years 2015 through 2019. SEC.107 0 3 . WAIV E R SA ND RE L EASES. (a) CLAIMS BY THE NATION AND THE U NITED STATES.—In return for recognition of the Nation ’ s water rights and other benefits, including but not limited to the commitments by other parties, as set forth in the Agreement and this subtitle, the Nation, on behalf of itself and members of the Nation (other than members in the capacity of the members as allottees), and the United States acting in its capacity as trustee for the Nation, shall execute a waiver and release of— (1) all claims for water rights in, or for waters of, the San J uan R iver Basin in the State of New M exico that the Nation, or the United States as trustee for the Nation, asserted, or could have asserted, in any proceeding, including but not limited to the stream adjudication, up to and including the effective date described in subsection (e), except to the extent that such rights are recognized in the Agreement or this sub- title; (2) all claims for damages, losses, or injuries to water rights or claims of interference with, diversion, or ta k ing of water (including but not limited to claims for injury to lands resulting from such damages, losses, injuries, interference with, diversion, or taking) in the San Juan River Basin in the State of New Mexico that accrued at any time up to and including the effective date described in subsection (e);