Page:United States Statutes at Large Volume 124.djvu/3121

 124 STAT. 3095 PUBLIC LAW 111–291—DEC. 8, 2010 (B) EXPENDITURE PLAN.— (i) IN GENERAL.—The Tribe shall submit to the Secretary for approval an expenditure plan for any portion of the amounts in the Funds that the Tribe does not withdraw under the tribal management plan. (ii) DESCRIPTION.—The expenditure plan shall describe the manner in which, and the purposes for which, amounts remaining in the Funds will be used. (iii) APPROVAL.—On receipt of an expenditure plan under clause (i), the Secretary shall approve the plan, if the Secretary determines that the plan is reasonable and consistent with this title and the Agreement. (iv) ANNUAL REPORT.—For each of the Funds, the Tribe shall submit to the Secretary an annual report that describes all expenditures from the Fund during the year covered by the report. (C) CERTAIN PER CAPITA DISTRIBUTIONS PROHIBITED.— No amount in the Funds shall be distributed to any member of the Tribe on a per capita basis. (c) COST INDEXING.—All amounts made available under sub- sections (a), (b), and (e) shall be adjusted as necessary to reflect the changes since October 1, 2007, in the construction cost indices applicable to the types of construction involved in the construction of the WMAT rural water supply system, the maintenance of the rural water supply system, and the construction or rehabilitation of the other development projects described in subsection (b)(2)(C). (d) OPERATION, MAINTENANCE, AND REPLACEMENT.—Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $2,500,000 for the operation, maintenance, and replacement costs of the WMAT rural water system, to remain available until the conditions described in section 307(f) have been met. (e) COST OVERRUN SUBACCOUNT.— (1) ESTABLISHMENT.—There is established in the Lower Colorado River Basin Development Fund a subaccount to be known as the ‘‘WMAT Cost Overrun Subaccount’’, to be administered by the Secretary, consisting of the amounts depos- ited in the subaccount under paragraph (2), together with any interest accrued on those amounts, for use by the Secretary in accordance with paragraph (4). (2) MANDATORY APPROPRIATIONS; AUTHORIZATION OF APPRO- PRIATIONS.— (A) MANDATORY APPROPRIATIONS.—Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $24,000,000 for deposit in the WMAT Cost Overrun Subaccount. (B) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated for deposit in the WMAT Cost Overrun Subaccount $11,000,000. (3) AVAILABILITY OF FUNDS.— (A) IN GENERAL.—Amounts in the WMAT Cost Overrun Subaccount shall not be available for expenditure by the Secretary until the enforceability date. (B) INVESTMENT.—The Secretary shall invest the amounts in the WMAT Cost Overrun Subaccount in accord- ance with section 403(f)(4) of the Colorado River Basin Project Act (43 U.S.C. 1543(f)(4)).