Page:United States Statutes at Large Volume 124.djvu/3116

 124 STAT. 3090 PUBLIC LAW 111–291—DEC. 8, 2010 (1) the amounts deposited in the subaccount pursuant to section 312(a); and (2) such other amounts as are available, including the amounts provided in subparagraph 13.3 of the Agreement. (b) USE OF FUNDS.— (1) IN GENERAL.—Subject to paragraph (2), the Secretary shall use amounts from the White Mountain Apache Tribe Water Rights Settlement Subaccount for the planning, design, and construction of the WMAT rural water system, in accord- ance with section 307(a). (2) REQUIREMENTS.—In carrying out the activities described in paragraph (1), the Secretary shall use such sums as are necessary from the White Mountain Apache Tribe Water Rights Settlement Subaccount— (A) to provide the Bureau with amounts sufficient to carry out oversight of the planning, design, and construc- tion of the WMAT rural water system; (B) to repay to the Treasury (or the United States) any outstanding balance on the loan authorized by the White Mountain Apache Tribe Rural Water System Loan Authorization Act (Public Law 110–390; 122 Stat. 4191), after which repayment, the Tribe shall have no further liability for the balance on that loan; and (C) to carry out all required environmental compliance activities associated with the planning, design, and construction of the WMAT rural water system. (c) ISDEAA CONTRACT.— (1) IN GENERAL.—If the Tribe so requests, the planning, design, and construction of the WMAT rural water system shall be carried out pursuant to the terms of an agreement or agreements entered into under section 307(h). (2) ENFORCEMENT.—The Secretary may pursue any judicial remedies and carry out any administrative actions that are necessary to enforce an agreement described in paragraph (1) to ensure that amounts in the White Mountain Apache Tribe Water Rights Settlement Subaccount are used in accordance with this section. (d) PROHIBITION ON PER CAPITA DISTRIBUTIONS.—No amount of the principal, or the interest or income accruing on the principal, of the White Mountain Apache Tribe Water Rights Settlement Subaccount shall be distributed to any member of the Tribe on a per capita basis. (e) AVAILABILITY OF FUNDS.— (1) IN GENERAL.—Amounts in the White Mountain Apache Tribe Water Rights Settlement Subaccount shall not be avail- able for expenditure by the Secretary until the enforceability date. (2) INVESTMENT.—The Secretary shall invest the amounts in the White Mountain Apache Tribe Water Rights Settlement Subaccount in accordance with section 403(f)(4) of the Colorado River Basin Project Act (43 U.S.C. 1543(f)(4)). (3) USE OF INTEREST.—The interest accrued on amounts invested under paragraph (2) shall not be available for expendi- ture or withdrawal until the enforceability date. SEC. 311. MISCELLANEOUS PROVISIONS. (a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.—