118 STAT. 3437 PUBLIC LAW 108–447—DEC. 8, 2004 (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 subsection (h) 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.—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 and the Agreement. (D) ANNUAL REPORT.—For each Fund, the Tribe shall submit to the Secretary an annual report that describes all expenditures from the Fund during the year covered by the report. (g) NO PER CAPITA PAYMENTS.—No part of the principal of the Funds, or of the income accruing in the Funds, shall be distrib uted to any member of the Tribe on a per capita basis. (h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated— (1) to the Nez Perce Tribe Water and Fisheries Fund— (A) for fiscal year 2007, $7,830,000; (B) for fiscal year 2008, $4,730,000; (C) for fiscal year 2009, $7,380,000; (D) for fiscal year 2010, $10,080,000; (E) for fiscal year 2011, $11,630,000; (F) for fiscal year 2012, $9,450,000; and (G) for fiscal year 2013, $9,000,000; and (2) to the Nez Perce Tribe Domestic Water Supply Fund— (A) for fiscal year 2007, $5,100,000; (B) for fiscal year 2008, $8,200,000; (C) for fiscal year 2009, $5,550,000; (D) for fiscal year 2010, $2,850,000; and (E) for fiscal year 2011, $1,300,000. SEC. 9. SALMON AND CLEARWATER RIVER BASINS HABITAT FUND. (a) ESTABLISHMENT OF FUND.— (1) IN GENERAL.—There is established in the Treasury of the United States a fund to be known as the ‘‘Salmon and Clearwater River Basins Habitat Fund’’ (referred to in this section as the ‘‘Fund’’), to be administered by the Secretary. (2) ACCOUNTS.—There is established within the Fund— (A) an account to be known as the ‘‘Nez Perce Tribe Salmon and Clearwater River Basins Habitat Account’’, which shall be administered by the Secretary for use by the Tribe subject to the same provisions for management, investment, and expenditure as the funds established by section 8; and (B) an account to be known as the ‘‘Idaho Salmon and Clearwater River Basins Habitat Account’’, which shall be administered by the Secretary and provided to the State as provided in the Agreement and this Act. (b) USE OF THE FUND.— (1) IN GENERAL.—The Fund shall be used to supplement amounts made available under any other law for habitat protec tion and restoration in the Salmon and Clearwater River Basins
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