124 STAT. 3094 PUBLIC LAW 111–291—DEC. 8, 2010 (ii) EXISTING IRRIGATION SYSTEMS.—Of the amounts deposited in the Fund under subparagraph (B), not less than $4,950,000 shall be used for the rehabilitation of existing irrigation systems. (3) WMAT MAINTENANCE FUND.— (A) ESTABLISHMENT.—There is established in the Treasury of the United States a fund to be known as the ‘‘WMAT Maintenance Fund’’, to be administered by the Secretary, consisting of the amounts deposited in the fund under subparagraph (B), together with any interest accrued on those amounts, for use by the Tribe in accord- ance with subparagraph (C). (B) MANDATORY APPROPRIATIONS.—Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $50,000,000 for deposit in the WMAT Maintenance Fund. (C) USE OF FUNDS.—The Tribe shall use amounts in the WMAT Maintenance Fund only for the operation, maintenance, and replacement costs associated with the delivery of water through the WMAT rural water system. (4) ADMINISTRATION.—The Secretary shall manage the Funds in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), including by investing amounts in the Funds in accordance with— (A) the Act of April 1, 1880 (25 U.S.C. 161); and (B) the first section of the Act of June 24, 1938 (25 U.S.C. 162a). (5) AVAILABILITY OF AMOUNTS FROM FUNDS.—Amounts in the Funds shall be available for expenditure or withdrawal only after the enforceability date and in accordance with sub- section (f). (6) EXPENDITURE AND WITHDRAWAL.— (A) TRIBAL MANAGEMENT PLAN.— (i) IN GENERAL.—The Tribe may withdraw all or part of the amounts in the Funds on approval by the Secretary of a tribal management plan, as described in the American Indian Trust Fund Manage- ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). (ii) REQUIREMENTS.—In addition to the require- ments under the American Indian Trust Fund Manage- ment Reform Act of 1994 (25 U.S.C. 4001 et seq.), a tribal management plan under this subparagraph shall require the Tribe to use any amounts withdrawn from the Funds in accordance with paragraph (2)(C) or (3)(C), as applicable. (iii) ENFORCEMENT.—The Secretary may take judicial or administrative action to enforce the provi- sions of a tribal management plan described in clause (i) to ensure that any amounts withdrawn from the Funds under the tribal management plan are used in accordance with this title and the Agreement. (iv) LIABILITY.—If the Tribe exercises the right to withdraw amounts from the Funds, neither the Sec- retary nor the Secretary of the Treasury shall retain any liability for the expenditure or investment of the amounts.
