[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4841 Received in Senate (RDS)]
2d Session
H. R. 4841
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 22, 2008
Received
_______________________________________________________________________
AN ACT
To approve, ratify, and confirm the settlement agreement entered into
to resolve claims by the Soboba Band of Luiseno Indians relating to
alleged interferences with the water resources of the Tribe, to
authorize and direct the Secretary of the Interior to execute and
perform the Settlement Agreement and related waivers, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Soboba Band of Luiseno Indians
Settlement Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The Soboba Band of Luiseno Indians is a federally
recognized Indian tribe whose Reservation of approximately
6,000 acres, extending east and north from the banks of the San
Jacinto River in Riverside County, California, was created by
an Executive Order dated June 19, 1883, and enlarged and
modified by subsequent Executive Orders, purchases, and an Act
of Congress.
(2) The Tribe's water rights have not been quantified, and
the Tribe has asserted claims for interferences with the water
resources of its Reservation, which the Tribe maintains have
rendered much of the Tribe's Reservation useless for
habitation, livestock, or Agriculture. On April 20, 2000, the
Tribe filed a lawsuit against The Metropolitan Water District
of Southern California for interference with the Tribe's water
resources and damages to its Reservation allegedly caused by
Metropolitan's construction and operation of the San Jacinto
Tunnel, which is part of the Colorado River Aqueduct. The
lawsuit, styled Soboba Band of Luiseno Indians v. Metropolitan
Water District of Southern California, No. 00-04208 GAF (MANx),
is pending in the United States District Court for the Central
District of California.
(3) The Tribe also has made claims against Eastern
Municipal Water District and Lake Hemet Municipal Water
District, located adjacent to the Reservation, seeking to
secure its water rights and damages arising from alleged past
interference with the Tribe's water resources.
(4) After negotiations, which included participation by
representatives of the Tribe, the United States on behalf of
the Tribe, The Metropolitan Water District of Southern
California, Eastern Municipal Water District, and Lake Hemet
Municipal Water District, a Settlement Agreement has been
developed to determine the Tribe's water rights, resolve all of
its claims for interference with the water resources of, and
damages to, its Reservation, provide for the construction of
water projects to facilitate the exercise of the Tribe's
rights, and resolve the lawsuit referenced in paragraph (2) of
this section.
(5) The Settlement Agreement provides that--
(A) Eastern Municipal Water District and Lake Hemet
Municipal Water District acknowledge and assure the
Tribe's prior and paramount right, superior to all
others, to pump 9,000 acre-feet of water annually from
the San Jacinto River basin in accordance with the
limitations and other conditions set forth in the
Settlement Agreement;
(B) Eastern Municipal Water District and The
Metropolitan Water District of Southern California will
contract to supply water to Eastern Municipal Water
District and Eastern Municipal Water District will use
this water to recharge water supplies into the basin;
and
(C) the three water districts will make substantial
additional contributions to the settlement, including
the conveyance of certain replacement lands and
economic development funds to the Tribe, to carry out
the Settlement Agreement's provisions.
(b) Purposes.--The purposes of this Act are--
(1) to approve, ratify, and confirm the Settlement
Agreement entered into by the Tribe and non-Indians entities;
(2) to achieve a fair, equitable, and final settlement of
all claims of the Soboba Band of Luiseno Indians, its members,
and the United States on behalf of the Tribe and its members,
to the water of the San Jacinto River basin;
(3) to authorize and direct the Secretary of the Interior
to execute and perform all obligations of the Secretary under
the Settlement Agreement; and
(4) to authorize the actions and appropriations necessary
to meet obligations of the United States under the Settlement
Agreement and this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) Restoration fund.--The term ``Restoration Fund'' means
the San Jacinto Basin Restoration Fund established by section
6.
(2) Development fund.--The term ``Development Fund'' means
the Soboba Band of Luiseno Indians Water Development Fund
established by section 7.
(3) Reservation.--
(A) In general.--The term ``Reservation'' means the
Soboba Indian Reservation created by Executive Order
dated June 19, 1883, and enlarged and modified as of
the date of enactment of this Act by Executive Orders
and an Act of Congress.
(B) Exclusions.--For the purposes of this Act, the
term ``Reservation'' does not include--
(i) the 950 acres northwest of and
contiguous to the Reservation known as the
``Jones Ranch'', purchased by the Soboba Tribe
in fee on July 21, 2001, and placed into trust
on January 13, 2003;
(ii) the 535 acres southeast of and
contiguous to the Reservation known as the
``Horseshoe Grande'', purchased by the Soboba
Tribe in fee in seven separate transactions in
June and December 2001, December 2004, June
2006, and January 2007; and
(iii) the 478 acres north of and contiguous
to the Reservation known as ``The Oaks'',
purchased by the Soboba Tribe in fee on April
4, 2004.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or a designee of the Secretary.
(5) Settlement agreement.--The term ``Settlement
Agreement'' means that agreement dated June 7, 2006, as amended
to be consistent with this Act, together with all exhibits
thereto. The parties to the Settlement Agreement are the Soboba
Band of Luiseno Indians and its members, the United States on
behalf of the Tribe and its members, The Metropolitan Water
District of Southern California, Eastern Municipal Water
District, and Lake Hemet Municipal Water District.
(6) Tribe, soboba tribe, or soboba band of luiseno
indians.--The terms ``Tribe'', ``Soboba Tribe'', or ``Soboba
Band of Luiseno Indians'' means the body politic and federally
recognized Indian tribe, and its members.
(7) Water management plan.--The term ``Water Management
Plan'' means the plan, approved by the Soboba Tribe and the
Secretary, developed pursuant to section 4.8, paragraph A of
the Settlement Agreement to resolve the overdraft of the San
Jacinto basin.
SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT; AUTHORIZATION.
(a) In General.--The United States hereby approves, ratifies, and
confirms the Settlement Agreement, except to the extent it conflicts
with the provisions of this Act.
(b) Authorization.--The Secretary is authorized and directed to
execute, and take such other actions as are necessary to implement, the
Settlement Agreement and any amendments approved by the parties
necessary to make the Settlement Agreement consistent with this Act.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) Restoration Fund.--There is authorized to be appropriated to
the San Jacinto Basin Restoration Fund established in section 6 of this
Act the amount of $5,000,000 for each of fiscal years 2010 and 2011 to
pay or reimburse the costs associated with constructing, operating, and
maintaining the portion of the basin recharge project that the United
States is responsible for under the Settlement Agreement. These costs
are described in section 4.5 of the Settlement Agreement and are
necessary to accommodate deliveries of the supplemental imported water
under section 4.4 of the Settlement Agreement.
(b) Development Fund.--There is authorized to be appropriated to
the Soboba Band of Luiseno Indians Water Development Fund established
in section 7 of this Act the amount of $5,500,000 for each of fiscal
years 2010 and 2011 to pay or reimburse costs associated with
constructing, operating, and maintaining water and sewage
infrastructure, and other water-related development projects.
(c) Limitation.--No funding of any construction, operation,
maintenance, or replacement other than those funds authorized under
subsections (a) and (b) shall be the responsibility of the Federal
Government under the Settlement Agreement or this Act.
SEC. 6. RESTORATION FUND.
(a) Establishment.--There shall be established within the Treasury
of the United States a non-interest bearing account to be known as the
``San Jacinto Basin Restoration Fund'', consisting of the amounts
authorized to be appropriated in section 5(a) of this Act.
(b) Administration.--The Restoration Fund shall be administered by
the Secretary for the purposes set forth in subsection (d) of this
section.
(c) Availability.--The funds authorized to be appropriated pursuant
to section 5(a) of this Act shall be available for expenditure or
withdrawal only after the effective date set forth in section 10(a).
(d) Expenditures and Withdrawals.--
(1) Expenditure plan.--
(A) In general.--Eastern Municipal Water District,
on behalf of the Water Management Plan, shall submit to
the Secretary for approval an expenditure plan for use
of the Restoration Fund.
(B) Requirements.--The expenditure plan shall
require that any funds be expended or reimbursed in
accordance with the purposes described in section 5(a)
of this Act.
(2) Withdrawals.--On approval by the Secretary of the
expenditure plan described in this section, Eastern Municipal
Water District, on behalf of the Water Management Plan, may
expend or be reimbursed monies from the Restoration Fund as
provided in the plan.
(3) Enforcement.--The Secretary may take judicial or
administrative action to enforce the provisions of any
expenditure plan to ensure that monies expended or reimbursed
from the Restoration Fund under the plan are used in accordance
with this Act.
(4) Liability.--If Eastern Municipal Water District, on
behalf of the Water Management Plan, exercises the right to
expend or be reimbursed monies from the Restoration Fund,
neither the Secretary nor the Secretary of the Treasury shall
have any liability for the expenditure or reimbursement.
(5) Annual report.--Eastern Municipal Water District shall
submit to the Tribe and the Secretary an annual report that
describes all expenditures or reimbursements from the
Restoration Fund during the year covered by the report.
SEC. 7. DEVELOPMENT FUND.
(a) Establishment.--There shall be established within the Treasury
of the United States a fund to be known as the ``Soboba Band of Luiseno
Indians Water Development Fund'', to be managed and invested by the
Secretary consisting of the amounts authorized to be appropriated in
section 5(b).
(b) Management.--The Secretary shall manage the Development Fund,
make investments, and make monies available for distribution consistent
with the American Indian Trust Fund Management Reform Act of 1994 (25
U.S.C. 4001 et seq.) (referred to in this section as the ``Trust Fund
Reform Act''), this Act, and the Settlement Agreement.
(c) Investment.--The Secretary shall invest amounts in the
Development Fund in accordance with--
(1) the Act of April 1, 1880 (21 Stat. 70, ch. 41, 25
U.S.C. 161);
(2) the first section of the Act of June 24, 1938 (52 Stat.
1037, ch. 648, 25 U.S.C. 162a); and
(3) subsection (b) of this section.
(d) Availability.--The funds authorized to be appropriated pursuant
to section 5(b) of this Act shall be available for expenditure or
withdrawal only after the effective date set forth in section 10(a).
(e) Expenditures and Withdrawals.--
(1) Tribal management 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) Requirements.--In addition to the requirements
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) Enforcement.--The Secretary may take judicial
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) Liability.--If the Tribe exercises the right to
withdraw monies from the Development Fund, neither the
Secretary 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
Secretary 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.--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.
(3) Annual report.--The Tribe shall submit to the Secretary
an annual report that describes all expenditures from the
Development Fund during the year covered by the report.
(4) No per capita distributions.--No part of the
Development Fund shall be distributed on a per capita basis to
members of the Tribe.
SEC. 8. WAIVERS AND RELEASES.
(a) Tribe and United States Authorization.--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 obligations under the
Settlement Agreement, to execute a waiver and release for claims under
Federal, State, or other law against The Metropolitan Water District of
Southern California, Eastern Municipal Water District, and Lake Hemet
Municipal Water District, for any and all--
(1) past, present, and future claims to surface water and
groundwater rights for the Reservation arising from time
immemorial through the effective date described in section 10
of this Act and anytime thereafter, except claims to enforce
the Settlement Agreement or claims based on water rights
acquired after the effective date described in section 10 of
this Act;
(2) past, present, and future claims for injury of any kind
arising from interference with surface water and groundwater
resources and water rights of the Reservation, including, but
not limited to, all claims for injury to the Tribe's use and
enjoyment of the Reservation, economic development, religion,
language, social structure and culture, and injury to the
natural resources of the Reservation, from time immemorial
through the effective date described in section 10 of this Act;
(3) past, present, and future claims for injury of any kind
arising from, or in any way related to, continuing interference
with surface water and groundwater resources and water rights
of the Reservation, including the full scope of claims defined
in section 5.1, paragraph A(2) of the Settlement Agreement, to
the extent that such continuing interference began prior to the
effective date described in section 10 of this Act, from time
immemorial through the effective date described in section 10
of this Act and anytime thereafter;
(4) past, present, and future claims for injury of any kind
arising from, or in any way related to, seepage of water into
the San Jacinto Tunnel, including the full scope of claims
defined in section 5.1, paragraph A(2) of the Settlement
Agreement, from time immemorial through the effective date
described in section 10 of this Act and anytime thereafter; and
(5) past, present, and future claims for injury of any kind
arising from, or in any way related to, the Water Management
Plan as approved in accordance with the Settlement Agreement,
from time immemorial through the effective date described in
section 10 of this Act and anytime thereafter.
(b) Tribal Waivers Against the United States.--
(1) In general.--The Tribe is authorized, as part of the
performance of its obligations under the Settlement Agreement,
to execute a waiver and release for claims against the United
States (acting in its capacity as trustee for the Tribe or its
members, or otherwise acting on behalf of the Tribe or its
members), including any agencies, officials, or employees
thereof, for any and all--
(A) claims described in subsection (a) of this
section;
(B) past, present, and future claims for failure to
acquire or develop water rights and water resources of
the Reservation arising from time immemorial through
the effective date described in section 10 of this Act
and anytime thereafter;
(C) past, present, and future claims for failure to
protect water rights and water resources of the
Reservation arising from time immemorial through the
effective date described in section 10 of this Act, and
any past, present, and future claims for any continuing
failure to protect water rights and water resources of
the Reservation, arising from time immemorial through
the effective date described in section 10 of this Act
and, to the extent that such continuing failure to
protect began before the effective date described in
section 10 of this Act, anytime thereafter;
(D) past, present, and future claims arising from
the failure of any non-Federal Party to fulfill the
terms of the Settlement Agreement at anytime; and
(E) past, present, and future claims arising out of
the negotiation of the Settlement Agreement or the
negotiation and enactment of this Act, or any specific
terms of provisions thereof, including, but not limited
to, the Tribe's consent to limit the number of
participant parties to the Settlement Agreement.
(2) Effectiveness of waivers against the united states.--
(A) In general.--The waiver and release contained
in this subsection shall take effect on the date on
which all of the amounts authorized under sections 5(a)
and 5(b) are appropriated.
(B) Periods of limitation; equitable claims.--
(i) In general.--All periods of limitation
and time-based equitable defenses applicable to
the claims set forth in paragraph (1) are
tolled for the period between the date of
enactment of this Act until the date on which
the amounts authorized under sections 5(a) and
5(b) are appropriated.
(ii) Effect of subparagraph.--This
subparagraph neither revives any claim nor
tolls any period of limitation or time-based
equitable defense that may have expired before
the date of enactment of this Act.
(C) Defense.--The making of the amounts of
appropriations authorized under sections 5(a) and 5(b)
shall constitute a complete defense to any claim which
involves the claims set forth in paragraph (b)(1)
pending in any court of the United States on the date
on which the appropriations are made.
SEC. 9. MISCELLANEOUS PROVISIONS.
(a) Jurisdiction.--
(1) No effect on subject matter jurisdiction.--Nothing in
the Agreement or this Act restricts, enlarges, or otherwise
determines the subject matter jurisdiction of any Federal,
State, or Tribal court.
(2) Judgment and decree.--The United States consents to
jurisdiction in the United States District Court for the
Central District of California case known as Soboba Band of
Luiseno Indians v. Metropolitan Water District of Southern
California, No. 00-04208 for the purpose of obtaining approval
for a judgment and decree substantially the same as the
judgment and decree attached to the Settlement Agreement as
exhibit H.
(3) Effect of subsection.--Nothing in this subsection
confers jurisdiction on any State court to--
(A) enforce Federal environmental laws regarding
the duties of the United States; or
(B) conduct judicial review of Federal agency
action.
(b) Use of Water.--
(1) Tribal use.--With respect to water rights made
available under the Settlement Agreement--
(A) the Tribe may use water made available to it
under the Settlement Agreement for any use it deems
advisable on the Reservation and on any other lands it
owns or may acquire, in fee or in trust, contiguous to
the Reservation or within the area of the groundwater
basin described in section 2.4 of the Settlement
Agreement;
(B) such water rights shall be held in trust by the
United States in perpetuity, and shall not be subject
to forfeiture or abandonment; and
(C) State law shall not apply to the Tribe's use of
water made available to it under the Settlement
Agreement.
(2) Non-tribal use.--
(A) Contracts and options.--Subject to the
limitations in subparagraph (B), the Tribe may enter
into contracts and options to lease or contracts and
options to exchange water made available to it under
the Settlement Agreement, or enter into contracts and
options to postpone existing water uses or postpone
undertaking new or expanded water uses.
(B) Limitations on non-tribal use.--
(i) Consistency with water management
plan.--Any water made available under
subparagraph (A) shall only be used by
participants in, or other users within the area
of, the Water Management Plan described in
section 2.32 of the Settlement Agreement.
(ii) Prohibition on permanent alienation.--
No contract under subparagraph (A) shall be for
a term exceeding one hundred years, nor shall
any contract under subparagraph (A) provide for
permanent alienation of any portion of the
water rights made available under the
Settlement Agreement.
(C) Liability.--The Secretary shall not be liable
to any party, including the Tribe, for any term of, or
any loss or other detriment resulting from, a lease or
contract entered into pursuant to this subparagraph.
(c) Retention of Rights.--
(1) In the event the waivers and releases set out in
section 8 of this Act do not become effective pursuant to
section 10(a) of this Act, the Soboba Tribe and the United
States shall retain the right to assert all rights and claims
enumerated in section 8, and any claims or defenses of the
parties to the Settlement Agreement shall also be retained.
(2) The parties expressly reserve all rights not
specifically granted, recognized, waived, or released by the
Settlement Agreement or this Act.
(3) Notwithstanding the waivers and releases set forth in
section 8(a), the United States retains all claims relating to
violations of the Clean Water Act, the Safe Drinking Water Act,
the Comprehensive Environmental Response, Compensation, and
Liability Act, Resource Conservation and Recovery Act, and the
regulations implementing these Acts, including, but not limited
to claims related to water quality.
(d) Precedent.--Nothing in this Act establishes any standard for
the quantification or litigation of Federal reserved water rights or
any other Indian water claims of any other Indian tribes in any other
judicial or administrative proceeding.
(e) Other Indian Tribes.--Nothing in the Settlement Agreement or
this Act shall be construed in any way to quantify or otherwise
adversely affect the water rights, claims, or entitlements to water of
any Indian tribe, band, or community, other than the Soboba Tribe.
(f) Environmental Compliance.--
(1) Signing by the Secretary of the Settlement Agreement
does not constitute major Federal action under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) The Secretary is directed to carry out all
environmental compliance required by Federal law in
implementing the Agreement.
SEC. 10. EFFECTIVE DATE.
(a) In General.--The waivers and releases authorized in subsection
(a) of section 8 of this Act shall become effective as of the date the
Secretary causes to be published in the Federal Register a statement of
findings that--
(1) this Act has been enacted;
(2) to the extent that the Settlement Agreement conflicts
with this Act, the Settlement Agreement has been revised to
conform with the Act;
(3) the Settlement Agreement, revised as necessary, and the
waivers and releases described in article 5 of the Settlement
Agreement and section 8(a) of this Act have been executed by
the parties and the Secretary;
(4) warranty deeds for the property to be conveyed to the
Tribe described in section 4.6 of the Settlement Agreement have
been placed in escrow;
(5) the Tribe and the Secretary have approved the Water
Management Plan; and
(6) the judgment and decree attached to the Settlement
Agreement as exhibit H or a judgment and decree substantially
the same as exhibit H has been approved by the United States
District Court, Eastern Division of the Central District of
California, and that judgment and decree has become final and
nonappealable.
(b) Deadline for Effective Date.--If the conditions precedent
required under subsection (a) of this section have not been fulfilled
by March 1, 2012, the Settlement Agreement and this Act shall not
thereafter be effective and shall be null and void, and any funds and
the interest accrued thereon appropriated pursuant to section 5 shall
revert to the general fund of the United States Treasury.
Passed the House of Representatives May 21, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.