12 2 STA T . 2 97 9 PUBLIC LA W 11 0– 297 —J UL Y3 1 , 200 8toin t h i s s ec tion a s the ‘ ‘ Tru st F un dR e f or mA ct ’ ’ ), this Act, and the S ett l ement A g reement .( c) INVESTM ENT. — The Secretar y shall in v est amounts in the D evelo p ment Fund in accordance w ith— ( 1 )theActofApril1,1 8 8 0 ( 2 1 Stat. 7 0, ch. 4 1,2 5U .S. C . 1 6 1)
(2) the first section of the Act of J une 24, 1 93 8 (52 Stat. 1037, ch. 648, 25 U.S.C. 162a); and (3) su b section (b) of this section. (d) AV AIL A B ILIT Y .—The funds authori z ed to be appropriated pursuant to section 5(b) of this Act shall be available for e x penditure or withdrawal only after the effective date set forth in section 10(a). (e) EXP EN D IT UR ES AND W IT H DRA W ALS.— (1) TRIBAL MANA G EMENT PLAN.— (A) IN GENERAL.—The Tribe may withdraw all or part of the Development Fund on approval by the Secretary of a tribal management plan as described in the Trust Fund Reform Act. ( B )RE Q UIREMENTS.—In addition to the re q uirements under the Trust Fund Reform Act, the tribal management plan shall require that any funds be expended or reimbursed in accordance with the purposes described in section 5(b) of this Act. (C) EN FO R C EMENT.—The Secretary may ta k e j udicial or administrative action to enforce the provisions of any tribal management plan to ensure that monies withdrawn from the Development Fund under the plan are used in accordance with this Act. (D) L IABILITY.—If the Tribe exercises the right to with - draw monies from the Development Fund, neither the Sec- retary nor the Secretary of the Treasury shall retain any liability for the expenditure or investment. (2) EXPENDITURE PLAN.— (A) IN GENERAL.—The Tribe shall submit to the Sec- retary for approval an expenditure plan for any portion of the amounts made available under section 5(b) that the Tribe does not withdraw under this subsection. (B) DESCRIPTION.—The expenditure plan shall describe the manner in which, and the purposes for which, amounts of the Tribe remaining in the Funds will be used. (C) APPROVAL.— 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 Act and the Agreement. (3) ANNUAL REPORT.—The Tribe shall submit to the Sec- retary an annual report that describes all expenditures from the Development Fund during the year covered by the report. (4) N O PER CAPITA DISTRIBUTIONS.—No part of the Develop- ment Fund shall be distributed on a per capita basis to mem- bers of the Tribe. SEC.8 . WAIV E R SA ND RE L EASES. (a) TRIBE AND UNITED STATES AUTHORI Z ATION.—The Tribe, on behalf of itself and its members, and the Secretary, on behalf of the United States in its capacity as trustee for the Tribe and its members, are authorized, as part of the performance of their
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