[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1219 Reported in Senate (RS)]
Calendar No. 349
113th CONGRESS
2d Session
S. 1219
To authorize the Pechanga Band of Luiseno Mission Indians Water Rights
Settlement, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 25, 2013
Mrs. Boxer (for herself and Mrs. Feinstein) introduced the following
bill; which was read twice and referred to the Committee on Indian
Affairs
April 3, 2014
Reported by Mr. Tester, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To authorize the Pechanga Band of Luiseno Mission Indians Water Rights
Settlement, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Pechanga
Band of Luiseno Mission Indians Water Rights Settlement
Act''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents of this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title.
<DELETED>Sec. 2. Purposes.
<DELETED>Sec. 3. Definitions.
<DELETED>Sec. 4. Approval of the Pechanga Settlement Agreement.
<DELETED>Sec. 5. Tribal Water Right.
<DELETED>Sec. 6. Satisfaction of claims.
<DELETED>Sec. 7. Waiver of claims.
<DELETED>Sec. 8. Water facilities.
<DELETED>Sec. 9. Pechanga Settlement Fund.
<DELETED>Sec. 10. Miscellaneous provisions.
<DELETED>Sec. 11. Authorization of appropriations.
<DELETED>Sec. 12. Repeal on failure of enforceability date.
<DELETED>Sec. 13. Antideficiency.
<DELETED>SEC. 2. PURPOSES.</DELETED>
<DELETED> The purposes of this Act are--</DELETED>
<DELETED> (1) to achieve a fair, equitable, and final
settlement of claims to water rights and certain claims for
injuries to water rights in the Santa Margarita River Watershed
for--</DELETED>
<DELETED> (A) the Band; and</DELETED>
<DELETED> (B) the United States, acting in its
capacity as trustee for the Band and
allottees;</DELETED>
<DELETED> (2) to achieve a fair, equitable, and final
settlement of certain claims by the Band and allottees against
the United States;</DELETED>
<DELETED> (3) to authorize, ratify, and confirm the Pechanga
Settlement Agreement to be entered into by the Band, RCWD,
EMWD, and the United States;</DELETED>
<DELETED> (4) to authorize and direct the Secretary--
</DELETED>
<DELETED> (A) to execute the Pechanga Settlement
Agreement; and</DELETED>
<DELETED> (B) to take any other action necessary to
carry out the Pechanga Settlement Agreement in
accordance with this Act; and</DELETED>
<DELETED> (5) to authorize the appropriation of amounts
necessary for the implementation of the Pechanga Settlement
Agreement and this Act.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Adjudication court.--The term ``Adjudication
Court'' means the United States District Court for the Southern
District of California, which exercises continuing jurisdiction
over the Adjudication Proceeding.</DELETED>
<DELETED> (2) Adjudication proceeding.--The term
``Adjudication Proceeding'' means litigation initiated by the
United States regarding relative water rights in the Santa
Margarita River Watershed in United States v. Fallbrook Public
Utility District et al., Civ. No. 3:51-cv-01247 (S.D.C.A.),
including any litigation initiated to interpret or enforce the
relative water rights in the Santa Margarita River Watershed
pursuant to the continuing jurisdiction of the Adjudication
Court over the Fallbrook Decree.</DELETED>
<DELETED> (3) AFY.--The term ``AFY'' means acre-feet per
year.</DELETED>
<DELETED> (4) Allottee.--The term ``allottee'' means a
member of a federally recognized Indian tribe who holds a
beneficial real property interest in an Indian allotment that
is--</DELETED>
<DELETED> (A) located within the Reservation;
and</DELETED>
<DELETED> (B) held in trust by the United
States.</DELETED>
<DELETED> (5) Band.--</DELETED>
<DELETED> (A) In general.--The term ``Band'' means
the Pechanga Band of Luiseno Mission Indians, a
federally recognized sovereign Indian tribe that
functions as a custom and tradition Indian tribe,
acting on behalf of itself and its members.</DELETED>
<DELETED> (B) Exclusion.--The term ``Band'' does not
include an individual member of the Band acting in the
capacity of an allottee.</DELETED>
<DELETED> (6) Claims.--The term ``claims'' means rights,
claims, demands, actions, compensation, or causes of action,
whether known or unknown, as of June 30, 2009.</DELETED>
<DELETED> (7) EMWD.--The term ``EMWD'' means Eastern
Municipal Water District, a municipal water district organized
and existing in accordance with the Municipal Water District
Law of 1911, Division 20 of the Water Code of the State of
California, as amended.</DELETED>
<DELETED> (8) EMWD connection fee.--The term ``EMWD
Connection Fee'' has the meaning set forth in section 2.3(b) of
the Extension of Service Area Agreement.</DELETED>
<DELETED> (9) Enforceability date.--The term
``enforceability date'' means the date on which the Secretary
publishes in the Federal Register the statement of findings
described in section 7(e).</DELETED>
<DELETED> (10) ESAA capacity agreement.--The term ``ESAA
Capacity Agreement'' means the ``Agreement to Provide Capacity
for Delivery of ESAA Water'' among the Band, RCWD, and the
United States.</DELETED>
<DELETED> (11) ESAA water.--The term ``ESAA Water'' means
imported potable water that the Band receives from EMWD and MWD
pursuant to the Extension of Service Area Agreement.</DELETED>
<DELETED> (12) Extension of service area agreement.--The
term ``Extension of Service Area Agreement'' means the
``Agreement for Extension of Existing Service Area'', among the
Band, EMWD, the United States, and MWD, for the provision of
water service by EMWD to a designated portion of the
Reservation using water supplied by MWD.</DELETED>
<DELETED> (13) Fallbrook decree.--</DELETED>
<DELETED> (A) In general.--The term ``Fallbrook
Decree'' means the ``Modified Final Judgment And
Decree'', entered in the Adjudication Proceeding on
April 6, 1966.</DELETED>
<DELETED> (B) Inclusions.--The term ``Fallbrook
Decree'' includes all court orders, interlocutory
judgments, and decisions supplemental to the ``Modified
Final Judgment And Decree'', including Interlocutory
Judgment No. 30, Interlocutory Judgment No. 35, and
Interlocutory Judgment No. 41.</DELETED>
<DELETED> (14) Fund.--The term ``Fund'' means the Pechanga
Settlement Fund established by section 9.</DELETED>
<DELETED> (15) Indian tribe.--The term ``Indian tribe'' has
the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b).</DELETED>
<DELETED> (16) Injury to water rights.--The term ``injury to
water rights'' means an interference with, diminution of, or
deprivation of water rights under Federal or State
law.</DELETED>
<DELETED> (17) Interim capacity.--The term ``Interim
Capacity'' has the meaning set forth in section 1 of the ESAA
Capacity Agreement.</DELETED>
<DELETED> (18) Interim capacity notice.--The term ``Interim
Capacity Notice'' has the meaning set forth in section 4(b) of
the ESAA Capacity Agreement.</DELETED>
<DELETED> (19) MWD.--The term ``MWD'' means the Metropolitan
Water District of Southern California, a metropolitan water
district organized and incorporated under the Metropolitan
Water District Act of the State of California (Stats. 1969,
Chapter 209, as amended).</DELETED>
<DELETED> (20) MWD connection fee.--The term ``MWD
Connection Fee'' has the meaning set forth in section 2.3(a) of
the Extension of Service Area Agreement.</DELETED>
<DELETED> (21) Pechanga esaa delivery capacity account.--The
term ``Pechanga ESAA Delivery Capacity account'' means the
account established by section 9(c)(2).</DELETED>
<DELETED> (22) Pechanga recycled water infrastructure
account.--The term ``Pechanga Recycled Water Infrastructure
account'' means the account established by section
9(c)(1).</DELETED>
<DELETED> (23) Pechanga settlement agreement.--The term
``Pechanga Settlement Agreement'' means the Pechanga Settlement
Agreement, together with the exhibits to that agreement,
entered into by the Band, the United States on behalf of the
Band, its members and allottees, RCWD, and EMWD.</DELETED>
<DELETED> (24) Pechanga water code.--The term ``Pechanga
Water Code'' means a water code to be adopted by the Band in
accordance with section 5(f).</DELETED>
<DELETED> (25) Pechanga water fund account.--The term
``Pechanga Water Fund account'' means the account established
by section 9(c)(3).</DELETED>
<DELETED> (26) Pechanga water quality account.--The term
``Pechanga Water Quality account'' means the account
established by section 9(c)(4).</DELETED>
<DELETED> (27) Permanent capacity.--The term ``Permanent
Capacity'' has the meaning set forth in section 1 of the ESAA
Capacity Agreement.</DELETED>
<DELETED> (28) Permanent capacity notice.--The term
``Permanent Capacity Notice'' has the meaning set forth in
section 5(b) of the ESAA Capacity Agreement.</DELETED>
<DELETED> (29) RCWD.--</DELETED>
<DELETED> (A) In general.--The term ``RCWD'' means
the Rancho California Water District organized pursuant
to section 34000 et seq. of the California Water
Code.</DELETED>
<DELETED> (B) Inclusions.--The term ``RCWD''
includes all real property owners for whom RCWD acts as
an agent pursuant to an agency agreement.</DELETED>
<DELETED> (30) Recycled water infrastructure agreement.--The
term ``Recycled Water Infrastructure Agreement'' means the
``Agreement for Recycled Water Infrastructure'' among the Band,
RCWD, and the United States.</DELETED>
<DELETED> (31) Recycled water transfer agreement.--The term
``Recycled Water Transfer Agreement'' means the ``Recycled
Water Transfer Agreement'' between the Band and RCWD.</DELETED>
<DELETED> (32) Reservation.--</DELETED>
<DELETED> (A) In general.--The term ``Reservation''
means the land depicted on the map attached to the
Pechanga Settlement Agreement as exhibit I.</DELETED>
<DELETED> (B) Applicability of term.--The term
``Reservation'' shall be used solely for the purposes
of the Pechanga Settlement Agreement.</DELETED>
<DELETED> (33) Santa margarita river watershed.--The term
``Santa Margarita River Watershed'' means the watershed that is
the subject of the Adjudication Proceeding and the Fallbrook
Decree.</DELETED>
<DELETED> (34) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (35) State.--The term ``State'' means the State of
California.</DELETED>
<DELETED> (36) Storage pond.--The term ``Storage Pond'' has
the meaning set forth in section 1 of the Recycled Water
Infrastructure Agreement.</DELETED>
<DELETED> (37) Tribal water right.--The term ``Tribal Water
Right'' means the water rights ratified, confirmed, and
declared to be valid for the benefit of the Band and allottees
of the Band, as set forth and described in section 5.</DELETED>
<DELETED>SEC. 4. APPROVAL OF THE PECHANGA SETTLEMENT
AGREEMENT.</DELETED>
<DELETED> (a) Ratification of Pechanga Settlement Agreement.--
</DELETED>
<DELETED> (1) In general.--Except as modified by this Act,
and to the extent that the Pechanga Settlement Agreement does
not conflict with this Act, the Pechanga Settlement Agreement
is authorized, ratified, and confirmed.</DELETED>
<DELETED> (2) Amendments to compact.--Any amendment to the
Pechanga Settlement Agreement is authorized, ratified, and
confirmed, to the extent that the amendment is executed to make
the Pechanga Settlement Agreement consistent with this
Act.</DELETED>
<DELETED> (b) Execution of Pechanga Settlement Agreement.--
</DELETED>
<DELETED> (1) In general.--To the extent that the Pechanga
Settlement Agreement does not conflict with this Act, the
Secretary is directed to and shall promptly execute--</DELETED>
<DELETED> (A) the Pechanga Settlement Agreement
(including any exhibits to or part of the Pechanga
Settlement Agreement requiring the signature of the
Secretary); and</DELETED>
<DELETED> (B) any amendment to the Pechanga
Settlement Agreement necessary to make the Pechanga
Settlement Agreement consistent with this
Act.</DELETED>
<DELETED> (2) Modifications.--Nothing in this Act precludes
the Secretary from approving modifications to exhibits to the
Pechanga Settlement Agreement not inconsistent with this Act,
to the extent those modifications do not otherwise require
congressional approval pursuant to section 2116 of the Revised
Statutes (25 U.S.C. 177) or other applicable Federal
law.</DELETED>
<DELETED> (c) Environmental Compliance.--</DELETED>
<DELETED> (1) In general.--In implementing the Pechanga
Settlement Agreement, the Secretary shall promptly comply with
all applicable requirements of--</DELETED>
<DELETED> (A) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);</DELETED>
<DELETED> (B) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);</DELETED>
<DELETED> (C) all other applicable Federal
environmental laws; and</DELETED>
<DELETED> (D) all regulations promulgated under the
laws described in subparagraphs (A) through
(C).</DELETED>
<DELETED> (2) Execution of the pechanga settlement
agreement.--</DELETED>
<DELETED> (A) In general.--Execution of the Pechanga
Settlement Agreement by the Secretary under this
section shall not constitute a major Federal action
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).</DELETED>
<DELETED> (B) Compliance.--The Secretary is directed
to carry out all Federal compliance necessary to
implement the Pechanga Settlement Agreement.</DELETED>
<DELETED> (3) Lead agency.--The Bureau of Reclamation shall
be designated as the lead agency with respect to environmental
compliance.</DELETED>
<DELETED>SEC. 5. TRIBAL WATER RIGHT.</DELETED>
<DELETED> (a) Intent of Congress.--It is the intent of Congress to
provide to each allottee benefits that are equal to or exceed the
benefits allottees possess as of the date of enactment of this Act,
taking into consideration--</DELETED>
<DELETED> (1) the potential risks, cost, and time delay
associated with litigation that would be resolved by the
Pechanga Settlement Agreement and this Act;</DELETED>
<DELETED> (2) the availability of funding under this
Act;</DELETED>
<DELETED> (3) the availability of water from the Tribal
Water Right and other water sources as set forth in the
Pechanga Settlement Agreement; and</DELETED>
<DELETED> (4) the applicability of section 7 of the Act of
February 8, 1887 (25 U.S.C. 381), and this Act to protect the
interests of allottees.</DELETED>
<DELETED> (b) Confirmation of Tribal Water Right.--</DELETED>
<DELETED> (1) In general.--The Tribal Water Right is
ratified, confirmed, and declared to be valid.</DELETED>
<DELETED> (2) Characteristics of tribal water right.--
</DELETED>
<DELETED> (A) In general.--The Tribal Water Right
shall be equal to 4,994 AFY of water that is subject to
the jurisdiction of the Adjudication Court.</DELETED>
<DELETED> (B) Priority dates.--The priority date
for--</DELETED>
<DELETED> (i) 3,019 AFY of the Tribal Water
Right shall be June 27, 1882;</DELETED>
<DELETED> (ii) 182 AFY of the Tribal Water
Right shall be August 29, 1893;</DELETED>
<DELETED> (iii) 729 AFY of the Tribal Water
Right shall be January 9, 1907;</DELETED>
<DELETED> (iv) 563 AFY of the Tribal Water
Right shall be March 11, 1907; and</DELETED>
<DELETED> (v) 501 AFY of the Tribal Water
Right shall be May 25, 1931.</DELETED>
<DELETED> (3) Use.--Subject to the terms of the Pechanga
Settlement Agreement, this Act, the Fallbrook Decree, and
applicable Federal law, the Band may use the Tribal Water Right
for any purpose on the Reservation.</DELETED>
<DELETED> (c) Holding in Trust.--The Tribal Water Right--</DELETED>
<DELETED> (1) shall be held in trust by the United States on
behalf of the Band and the allottees in accordance with this
section; and</DELETED>
<DELETED> (2) shall not be subject to forfeiture or
abandonment.</DELETED>
<DELETED> (d) Allottees.--</DELETED>
<DELETED> (1) Applicability of act of february 8, 1887.--The
provisions of section 7 of the Act of February 8, 1887 (25
U.S.C. 381), relating to the use of water for irrigation
purposes shall apply to the Tribal Water Right.</DELETED>
<DELETED> (2) Entitlement to water.--Any entitlement to
water of an allottee who has allotted land that is located
within the exterior boundaries of the Reservation under Federal
law shall be satisfied from the Tribal Water Right.</DELETED>
<DELETED> (3) Allocations.--Allotted land of an allottee
that is located within the exterior boundaries of the
Reservation shall be entitled to a just and equitable
allocation of water for irrigation purposes from the water
resources described in the Pechanga Settlement
Agreement.</DELETED>
<DELETED> (4) Exhaustion of remedies.--Before asserting any
claim against the United States under section 7 of the Act of
February 8, 1887 (25 U.S.C. 381), or any other applicable law,
an allottee shall exhaust remedies available under the Pechanga
Water Code or other applicable tribal law.</DELETED>
<DELETED> (5) Claims.--Following exhaustion of remedies
available under the Pechanga Water Code or other applicable
tribal law, an allottee may seek relief under section 7 of the
Act of February 8, 1887 (25 U.S.C. 381), or other applicable
law.</DELETED>
<DELETED> (6) Authority.--The Secretary shall have the
authority to protect the rights of allottees as specified in
this section.</DELETED>
<DELETED> (e) Authority of Band.--</DELETED>
<DELETED> (1) In general.--Except as provided in paragraph
(2), the Band shall have authority to use, allocate,
distribute, and lease the Tribal Water Right in accordance
with--</DELETED>
<DELETED> (A) the Pechanga Settlement Agreement;
and</DELETED>
<DELETED> (B) applicable Federal law.</DELETED>
<DELETED> (2) Leases by allottees.--An allottee may lease
any interest in land held by the allottee, together with any
water right determined to be appurtenant to that interest in
land.</DELETED>
<DELETED> (f) Pechanga Water Code.--</DELETED>
<DELETED> (1) In general.--Not later than 18 months after
the enforceability date, the Band shall enact a Pechanga Water
Code, that provides for--</DELETED>
<DELETED> (A) the management, regulation, and
governance of all uses of the Tribal Water Right in
accordance with the Pechanga Settlement Agreement;
and</DELETED>
<DELETED> (B) establishment by the Band of
conditions, permit requirements, and other limitations
relating to the storage, recovery, and use of the
Tribal Water Right in accordance with the Pechanga
Settlement Agreement.</DELETED>
<DELETED> (2) Inclusions.--The Pechanga Water Code shall
provide--</DELETED>
<DELETED> (A) that allocations of water to allottees
shall be satisfied with water from the Tribal Water
Right;</DELETED>
<DELETED> (B) that charges for delivery of water for
irrigation purposes for allottees shall be assessed in
accordance with section 7 of the Act of February 8,
1887 (25 U.S.C. 381);</DELETED>
<DELETED> (C) a process by which an allottee or
water user on allotted land may request that the Band
provide water for irrigation use in accordance with
this Act;</DELETED>
<DELETED> (D) a due process system for the
consideration and determination by the Band of any
request by an allottee, water user on allotted land, or
any successor in interest to an allottee, for an
allocation of such water for irrigation purposes on
allotted land, including a process for--</DELETED>
<DELETED> (i) appeal and adjudication of any
denied or disputed distribution of water;
and</DELETED>
<DELETED> (ii) resolution of any contested
administrative decision; and</DELETED>
<DELETED> (E) a requirement that any allottee or
water user on allotted land with a claim relating to
the enforcement of rights of the allottee or water user
under the Pechanga Water Code or relating to the amount
of water allocated to land of the allottee shall first
exhaust remedies available to the allottee under tribal
law and the Pechanga Water Code before initiating an
action against the United States or petitioning the
Secretary pursuant to subsection (d)(4).</DELETED>
<DELETED> (3) Action by secretary.--</DELETED>
<DELETED> (A) In general.--The Secretary shall
administer the Tribal Water Right until the Pechanga
Water Code is enacted and approved in accordance with
this section.</DELETED>
<DELETED> (B) Approval.--Any provision of the
Pechanga Water Code and any amendment to the Pechanga
Water Code that affects the rights of allottees shall--
</DELETED>
<DELETED> (i) be subject to the approval of
the Secretary; and</DELETED>
<DELETED> (ii) not be valid until the date
on which the amendment is approved by the
Secretary.</DELETED>
<DELETED> (C) Approval period.--The Secretary shall
approve or disapprove the Pechanga Water Code within a
reasonable period of time after the date on which the
Band submits the Pechanga Water Code to the Secretary
for approval.</DELETED>
<DELETED> (g) Effect.--Except as otherwise specifically provided in
this section, nothing in this Act--</DELETED>
<DELETED> (1) authorizes any action by an allottee or water
user on allotted land against any individual or entity, or
against the Band, under Federal, State, tribal, or local law;
or</DELETED>
<DELETED> (2) alters or affects the status of any action
pursuant to section 1491(a) of title 28, United States
Code.</DELETED>
<DELETED>SEC. 6. SATISFACTION OF CLAIMS.</DELETED>
<DELETED> (a) In General.--The benefits provided to the Band and the
allottees under the Pechanga Settlement Agreement and this Act shall
satisfy all claims of the Band and the allottees waived pursuant to
section 7.</DELETED>
<DELETED> (b) No Recognition of Water Rights.--Except as provided in
section 5(d), nothing in this Act recognizes or establishes any right
of a member of the Band or an allottee to water within the
Reservation.</DELETED>
<DELETED> (c) Claims Relating to Development of Water for
Reservation.--</DELETED>
<DELETED> (1) In general.--The amounts authorized to be
appropriated under section 11 shall be used to satisfy any
claim of the allottees against the United States with respect
to the development or protection of water resources for the
Reservation.</DELETED>
<DELETED> (2) Satisfaction of claims.--On the complete
appropriation of amounts authorized to be appropriated under
section 11, any claim of the allottees against the United
States with respect to the development or protection of water
resources for the Reservation shall be deemed to have been
satisfied.</DELETED>
<DELETED>SEC. 7. WAIVER OF CLAIMS.</DELETED>
<DELETED> (a) In General.--</DELETED>
<DELETED> (1) Waiver of claims by the band and the united
states.--</DELETED>
<DELETED> (A) In general.--Subject to the retention
of rights set forth in subsection (c), notwithstanding
any provisions to the contrary in the Pechanga
Settlement Agreement, the Band, and the United States
on behalf of the Band and allottees, are authorized to
execute waivers for any and all claims for water rights
in the Santa Margarita River Watershed--</DELETED>
<DELETED> (i) for land located within the
Reservation in the Santa Margarita River
Watershed arising from time immemorial and,
thereafter, forever; and</DELETED>
<DELETED> (ii) that are based on aboriginal
occupancy for land overlying the Santa
Margarita River Watershed arising from time
immemorial and, thereafter, forever.</DELETED>
<DELETED> (B) Claims against rcwd and emwd.--Subject
to the retention of rights set forth in subsection (c),
notwithstanding any provisions to the contrary in the
Pechanga Settlement Agreement, the Band and the United
States on behalf of the Band and allottees fully
release, acquit, and discharge RCWD and EMWD from--
</DELETED>
<DELETED> (i) claims for injuries to water
rights in the Santa Margarita River Watershed
for land located within the Reservation in that
watershed arising or occurring at any time up
to and including June 30, 2009;</DELETED>
<DELETED> (ii) claims for injuries to water
rights in the Santa Margarita River Watershed
for land located within the Reservation in that
watershed arising or occurring at any time
after June 30, 2009, resulting from the
diversion or use of water in a manner not in
violation of the Pechanga Settlement Agreement
or this Act;</DELETED>
<DELETED> (iii) claims for subsidence damage
to land located within the Reservation arising
or occurring at any time up to and including
June 30, 2009;</DELETED>
<DELETED> (iv) claims for subsidence damage
arising or occurring after June 30, 2009, to
land located within the Reservation resulting
from the diversion of underground water in a
manner consistent with the Pechanga Settlement
Agreement or this Act; and</DELETED>
<DELETED> (v) claims arising out of, or
relating in any manner to, the negotiation or
execution of the Pechanga Settlement Agreement
or the negotiation or execution of this
Act.</DELETED>
<DELETED> (2) Claims by the united states against the
band.--Subject to the retention of rights set forth in
subsection (c), to the extent consistent with this Act, the
United States, in all its capacities (except as trustee for an
Indian tribe other than the Band), as part of the performance
of obligations under the Pechanga Settlement Agreement, is
authorized to execute a waiver and release of any and all
claims against the Band, including any agency, official, or
employee of the Band, under Federal, State, or any other law
for--</DELETED>
<DELETED> (A) claims for injuries to water rights in
the Santa Margarita River Watershed for land located
within the Reservation in that watershed arising or
occurring at any time up to and including June 30,
2009;</DELETED>
<DELETED> (B) claims for injuries to water rights in
the Santa Margarita River Watershed for land located
within the Reservation in that watershed arising or
occurring at any time after June 30, 2009, resulting
from the diversion or use of water in a manner not in
violation the Pechanga Settlement Agreement or this
Act;</DELETED>
<DELETED> (C) claims for subsidence damage to land
located within the Reservation arising or occurring at
any time up to and including June 30, 2009;</DELETED>
<DELETED> (D) claims for subsidence damage arising
or occurring after June 30, 2009, to land located
within the Reservation resulting from the diversion of
underground water in a manner not in violation of the
Pechanga Settlement Agreement or this Act;
and</DELETED>
<DELETED> (E) claims arising out of, or relating in
any manner to, the negotiation or execution of the
Pechanga Settlement Agreement or the negotiation or
execution of this Act.</DELETED>
<DELETED> (3) Claims by the band against the united
states.--Subject to the retention of rights set forth in
subsection (c), the Band, on behalf of itself and its members,
is authorized to execute a waiver and release of--</DELETED>
<DELETED> (A) all claims against the United States,
including the agencies and employees of the United
States, relating to claims for water rights in, or
water of, the Santa Margarita River Watershed that the
United States, acting in its capacity as trustee for
the Band, asserted, or could have asserted, in any
proceeding, including the Adjudication
Proceeding;</DELETED>
<DELETED> (B) all claims against the United States,
including the agencies and employees of the United
States, relating to damages, losses, or injuries to
water, water rights, land, or natural resources due to
loss of water or water rights (including damages,
losses or injuries to hunting, fishing, gathering, or
cultural rights due to loss of water or water rights,
claims relating to interference with, diversion, or
taking of water or water rights, or claims relating to
failure to protect, acquire, replace, or develop water,
water rights, or water infrastructure) in the Santa
Margarita River Watershed that first accrued at any
time up to and including June 30, 2009;</DELETED>
<DELETED> (C) all claims against the United States,
including the agencies and employees of the United
States, relating to the pending litigation of claims
relating to the water rights of the Band in the
Adjudication Proceeding; and</DELETED>
<DELETED> (D) all claims against the United States,
including the agencies and employees of the United
States, relating to the negotiation or execution of the
Pechanga Settlement Agreement or the negotiation or
execution of this Act.</DELETED>
<DELETED> (b) Effectiveness of Waivers and Releases.--The waivers
under subsection (a) shall take effect on the enforceability
date.</DELETED>
<DELETED> (c) Reservation of Rights and Retention of Claims.--
Notwithstanding the waivers and releases authorized in this Act, the
Band and the United States, acting in its capacity as trustee for the
Band and allottees, retain--</DELETED>
<DELETED> (1) claims for enforcement of the Pechanga
Settlement Agreement and this Act;</DELETED>
<DELETED> (2) claims against persons other than RCWD and
EMWD;</DELETED>
<DELETED> (3) claims for water rights that are outside the
jurisdiction of the Adjudication Court;</DELETED>
<DELETED> (4) claims for water rights for land within the
Santa Margarita River Watershed that is outside the
Reservation, subject to the condition that such claims are for
water rights consistent with the water rights recognized for
such land in the Fallbrook Decree;</DELETED>
<DELETED> (5) rights to use and protect water rights
acquired on or after the enforceability date; and</DELETED>
<DELETED> (6) remedies, privileges, immunities, powers and
claims, including claims for water rights, not specifically
waived and released pursuant to this Act and the Pechanga
Settlement Agreement.</DELETED>
<DELETED> (d) Effect of Pechanga Settlement Agreement and Act.--
Nothing in the Pechanga Settlement Agreement or this Act--</DELETED>
<DELETED> (1) affects the ability of the United States or
the Band, acting as sovereign, to take actions authorized by
law, including any laws relating to health, safety, or the
environment, including--</DELETED>
<DELETED> (A) the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.);</DELETED>
<DELETED> (B) the Safe Drinking Water Act (42 U.S.C.
300f et seq.);</DELETED>
<DELETED> (C) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.); and</DELETED>
<DELETED> (D) any regulations implementing the Acts
described in subparagraphs (A) through (C);</DELETED>
<DELETED> (2) affects the ability of the United States to
take actions acting as trustee for any other Indian tribe or an
allottee of any other Indian tribe;</DELETED>
<DELETED> (3) confers jurisdiction on any State court--
</DELETED>
<DELETED> (A) to interpret Federal law regarding
health, safety, or the environment;</DELETED>
<DELETED> (B) to determine the duties of the United
States or other parties pursuant to Federal law
regarding health, safety, or the environment;
or</DELETED>
<DELETED> (C) to conduct judicial review of Federal
agency action; or</DELETED>
<DELETED> (4) waives any claim of a member of the Band in an
individual capacity that does not derive from a right of the
Band.</DELETED>
<DELETED> (e) Enforceability Date.--The enforceability date shall be
the date on which the Secretary publishes in the Federal Register a
statement of findings that--</DELETED>
<DELETED> (1) the Pechanga Settlement Agreement has been
approved by the Adjudication Court;</DELETED>
<DELETED> (2) all amounts authorized by this Act have been
deposited in the Fund;</DELETED>
<DELETED> (3) the waivers and releases authorized in
subsection (a) have been executed by the Band and the
Secretary; and</DELETED>
<DELETED> (4) the Extension of Service Area Agreement--
</DELETED>
<DELETED> (A) has been approved and executed by all
the parties to the Extension of Service Area Agreement;
and</DELETED>
<DELETED> (B) is effective and enforceable in
accordance with the terms of that Agreement.</DELETED>
<DELETED> (f) Tolling of Claims.--</DELETED>
<DELETED> (1) In general.--Each applicable period of
limitation and time-based equitable defense relating to a claim
described in this section shall be tolled for the period
beginning on the date of enactment of this Act and ending on
the earlier of--</DELETED>
<DELETED> (A) April 30, 2030;</DELETED>
<DELETED> (B) such alternate date as is agreed to by
the Band and the Secretary; and</DELETED>
<DELETED> (C) the enforceability date.</DELETED>
<DELETED> (2) Effects of subsection.--Nothing in this
subsection revives any claim or tolls any period of limitation
or time-based equitable defense that expired before the date of
enactment of this Act.</DELETED>
<DELETED> (3) Limitation.--Nothing in this section precludes
the tolling of any period of limitations or any time-based
equitable defense under any other applicable law.</DELETED>
<DELETED> (g) Restriction.--If the full amount of appropriations
authorized by this Act has not been made available to the Secretary by
April 30, 2030--</DELETED>
<DELETED> (1) the waivers authorized by this section shall
expire and no longer have any force or effect; and</DELETED>
<DELETED> (2) the statute of limitations for a claim waived
under this section shall be tolled until April 30,
2030.</DELETED>
<DELETED> (h) Voiding of Waivers.--If the waivers authorized by this
section are void under subsection (g)--</DELETED>
<DELETED> (1) the approval of the United States of the
Pechanga Settlement Agreement under section 4 shall no longer
be effective;</DELETED>
<DELETED> (2) any unexpended Federal funds appropriated or
made available to carry out the activities authorized by this
Act, together with any interest earned on those funds, and any
water right or contract to use water and title to other
property acquired or constructed with Federal funds
appropriated or made available to carry out the activities
authorized in this Act shall be returned to the Federal
Government, unless otherwise agreed to by the Band and the
United States and approved by Congress; and</DELETED>
<DELETED> (3) except for Federal funds used to acquire or
develop property that is returned to the Federal Government
under paragraph (2), the United States shall be entitled to set
off any Federal funds appropriated or made available to carry
out the activities authorized by this Act that were expended or
withdrawn, together with any interest accrued, against any
claims against the United States relating to water rights
asserted by the Band or in any future settlement of the water
rights of the Band.</DELETED>
<DELETED>SEC. 8. WATER FACILITIES.</DELETED>
<DELETED> (a) In General.--The Secretary shall, subject to the
availability of appropriations, using amounts from the designated
accounts of the Fund, provide the amounts necessary to fulfill the
obligations of the Band under the Recycled Water Infrastructure
Agreement and the ESAA Capacity Agreement, in an amount not to exceed
the amounts deposited in the designated accounts for those purposes, in
accordance with this Act and the terms and conditions of those
agreements.</DELETED>
<DELETED> (b) Nonreimbursability of Costs.--All costs incurred by
the Secretary in carrying out this section shall be
nonreimbursable.</DELETED>
<DELETED> (c) Recycled Water Infrastructure.--</DELETED>
<DELETED> (1) In general.--The Secretary shall, using
amounts from the Pechanga Recycled Water Infrastructure
account, provide amounts for the Storage Pond in accordance
with this section.</DELETED>
<DELETED> (2) Storage pond.--</DELETED>
<DELETED> (A) In general.--The Secretary shall,
subject to the availability of appropriations, provide
the amounts necessary to fulfill the obligations of the
Band under the Recycled Water Infrastructure Agreement
for the design and construction of the Storage Pond, in
an amount not to exceed $2,500,000, adjusted for
changes since June 30, 2009, in construction costs as
indicated by engineering cost indices applicable to
types of construction required to design and construct
the Storage Pond.</DELETED>
<DELETED> (B) Procedure.--The procedure for the
Secretary to provide amounts pursuant to this section
shall be as set forth in the Recycled Water
Infrastructure Agreement.</DELETED>
<DELETED> (C) Lead agency.--The Bureau of
Reclamation shall be the lead agency for purposes of
the implementation of this section.</DELETED>
<DELETED> (D) Liability.--The United States shall
have no responsibility or liability for the Storage
Pond to be designed and constructed by RCWD.</DELETED>
<DELETED> (E) Reversion.--If RCWD does not submit
the Storage Pond notice to the Band by the date that is
3 years after the enforceability date, the amounts
remaining in the Pechanga Recycled Water Infrastructure
account for purposes of the design and construction of
the Storage Pond, including any interest that has
accrued on those amounts, shall revert to the general
fund of the Treasury.</DELETED>
<DELETED> (d) ESAA Delivery Capacity.--</DELETED>
<DELETED> (1) In general.--The Secretary shall, using
amounts from the Pechanga ESAA Delivery Capacity account,
provide amounts for Interim Capacity and Permanent Capacity in
accordance with this section.</DELETED>
<DELETED> (2) Interim capacity.--</DELETED>
<DELETED> (A) In general.--The Secretary shall,
subject to the availability of appropriations, using
amounts from the ESAA Delivery Capacity account,
provide amounts necessary to fulfill the obligations of
the Band under the ESAA Capacity Agreement for the
provision by RCWD of Interim Capacity to the Band in an
amount not to exceed $1,000,000.</DELETED>
<DELETED> (B) Procedure.--The procedure for the
Secretary to provide amounts pursuant to this section
shall be as set forth in the ESAA Capacity
Agreement.</DELETED>
<DELETED> (C) Lead agency.--The Bureau of
Reclamation shall be the lead agency for purposes of
the implementation of this section.</DELETED>
<DELETED> (D) Liability.--The United States shall
have no responsibility or liability for the Interim
Capacity to be provided by RCWD.</DELETED>
<DELETED> (E) Transfer to band.--If RCWD does not
provide the Interim Capacity Notice required pursuant
to the ESAA Capacity Agreement by the date that is 60
days after the date required under the ESAA Capacity
Agreement, the amounts in the Pechanga ESAA Delivery
Capacity account for purposes of the provision of
Interim Capacity and Permanent Capacity, including any
interest that has accrued on those amounts, shall be
available for use by the Band to provide alternative
interim capacity in a manner that is similar to the
Interim Capacity and Permanent Capacity that the Band
would have received had RCWD provided such Interim
Capacity and Permanent Capacity.</DELETED>
<DELETED> (3) Permanent capacity.--</DELETED>
<DELETED> (A) In general.--On receipt of the
Permanent Capacity Notice pursuant to section 5(b) of
the ESAA Capacity Agreement, the Secretary, acting
through the Bureau of Reclamation, shall enter into
negotiations with RCWD and the Band to establish an
agreement that will allow for the disbursement of
amounts from the Pechanga ESAA Delivery Capacity
account in accordance with subparagraph (B).</DELETED>
<DELETED> (B) Schedule of disbursement.--</DELETED>
<DELETED> (i) In general.--Subject to clause
(ii), on execution of the ESAA Capacity
Agreement, the Secretary shall, subject to the
availability of appropriations and using
amounts from the ESAA Delivery Capacity
account, provide amounts necessary to fulfill
the obligations of the Band under the ESAA
Capacity Agreement for the provision by RCWD of
Permanent Capacity to the Band in an amount not
to exceed $22,000,000.</DELETED>
<DELETED> (ii) Adjustment.--The amount under
clause (i) shall be adjusted for changes in
construction costs since June 30, 2009, as
indicated by engineering cost indices
applicable to types of construction required to
design and construct the Permanent
Capacity.</DELETED>
<DELETED> (C) Procedure.--The procedure for the
Secretary to provide funds pursuant to this section
shall be as set forth in the ESAA Capacity
Agreement.</DELETED>
<DELETED> (D) Lead agency.--The Bureau of
Reclamation shall be the lead agency for purposes of
the implementation of this section.</DELETED>
<DELETED> (E) Liability.--The United States shall
have no responsibility or liability for the Permanent
Capacity to be provided by RCWD.</DELETED>
<DELETED> (F) Transfer to band.--If RCWD does not
provide the Permanent Capacity Notice required pursuant
to the ESAA Capacity Agreement by the date that is 5
years after the enforceability date, the amounts in the
Pechanga ESAA Delivery Capacity account for purposes of
the provision of Permanent Capacity, including any
interest that has accrued on those amounts, shall be
available for use by the Band to provide alternative
permanent capacity in a manner that is similar to the
Permanent Capacity that the Band would have received
had RCWD provided such Permanent Capacity.</DELETED>
<DELETED>SEC. 9. PECHANGA SETTLEMENT FUND.</DELETED>
<DELETED> (a) Establishment.--There is established in the Treasury
of the United States a fund to be known as the ``Pechanga Settlement
Fund'', to be administered by the Secretary for the purpose of carrying
out this Act.</DELETED>
<DELETED> (b) Transfers to Fund.--The Fund shall consist of such
amounts as are deposited in the Fund under section 11(a).</DELETED>
<DELETED> (c) Accounts of Pechanga Settlement Fund.--The Secretary
shall establish in the Fund the following accounts:</DELETED>
<DELETED> (1) Pechanga Recycled Water Infrastructure
account, consisting of amounts authorized to be appropriated
under section 11(a)(1).</DELETED>
<DELETED> (2) Pechanga ESAA Delivery Capacity account,
consisting of amounts authorized to be appropriated under
section 11(a)(2).</DELETED>
<DELETED> (3) Pechanga Water Fund account, consisting of
amounts authorized to be appropriated under section
11(a)(3).</DELETED>
<DELETED> (4) Pechanga Water Quality account, consisting of
amounts authorized to be appropriated under section
11(a)(4).</DELETED>
<DELETED> (d) Deposits to Fund.--</DELETED>
<DELETED> (1) In general.--The Secretary of the Treasury
shall promptly deposit in the Fund any amounts appropriated to
the Fund.</DELETED>
<DELETED> (2) Deposits to accounts.--The Secretary of the
Treasury shall deposit amounts in the accounts of the Fund
established under subsection (c).</DELETED>
<DELETED> (e) Management.--</DELETED>
<DELETED> (1) In general.--The Secretary shall manage the
Fund, make investments from the Fund, and make amounts
available from the Fund for distribution to the Band consistent
with the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.).</DELETED>
<DELETED> (2) Investment of pechanga settlement fund.--The
Secretary shall invest amounts in the Fund in accordance with--
</DELETED>
<DELETED> (A) the Act of April 1, 1880 (25 U.S.C.
161);</DELETED>
<DELETED> (B) the first section of the Act of June
24, 1938 (25 U.S.C. 162a); and</DELETED>
<DELETED> (C) the obligations of Federal
corporations and Federal Government-sponsored entities,
the charter documents of which provide that the
obligations of the entities are lawful investments for
federally managed funds, including--</DELETED>
<DELETED> (i) the obligations of the United
States Postal Service described in section 2005
of title 39, United States Code;</DELETED>
<DELETED> (ii) bonds and other obligations
of the Tennessee Valley Authority described in
section 15d of the Tennessee Valley Authority
Act of 1933 (16 U.S.C. 831n-4);</DELETED>
<DELETED> (iii) mortgages, obligations, and
other securities of the Federal Home Loan
Mortgage Corporation described in section 303
of the Federal Home Loan Mortgage Corporation
Act (12 U.S.C. 1452); and</DELETED>
<DELETED> (iv) bonds, notes, and debentures
of the Commodity Credit Corporation described
in section 4 of the Act of March 8, 1938 (15
U.S.C. 713a-4).</DELETED>
<DELETED> (3) Distributions from pechanga settlement fund.--
</DELETED>
<DELETED> (A) In general.--Amounts from the Fund
shall be used in accordance with subparagraphs (B)
through (E).</DELETED>
<DELETED> (B) Pechanga recycled water infrastructure
account.--The Pechanga Recycled Water Infrastructure
account shall be used for expenditures by the Band in
accordance with section 8(c).</DELETED>
<DELETED> (C) Pechanga esaa delivery capacity
account.--The Pechanga ESAA Delivery Capacity account
shall be used for expenditures by the Band in
accordance with section 8(d).</DELETED>
<DELETED> (D) Pechanga water fund account.--The
Pechanga Water Fund account shall be used for--
</DELETED>
<DELETED> (i) payment of the EMWD Connection
Fee;</DELETED>
<DELETED> (ii) payment of the MWD Connection
Fee; and</DELETED>
<DELETED> (iii) any expenses, charges, or
fees incurred by the Band in connection with
the delivery or use of water pursuant to the
Pechanga Settlement Agreement.</DELETED>
<DELETED> (E) Pechanga water quality account.--The
Pechanga Water Quality account shall be used by the
Band to fund groundwater desalination activities within
the Wolf Valley Basin.</DELETED>
<DELETED> (4) Withdrawals by band.--</DELETED>
<DELETED> (A) In general.--The Band may withdraw any
portion of amounts in the Fund on approval by the
Secretary of a tribal management plan in accordance
with the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.).</DELETED>
<DELETED> (B) Requirements.--</DELETED>
<DELETED> (i) In general.--In addition to
the requirements under the American Indian
Trust Fund Management Reform Act of 1994 (25
U.S.C. 4001 et seq.), the tribal management
plan of the Band under subparagraph (A) shall
require that the Band spend any amounts
withdrawn from the Fund in accordance with this
Act.</DELETED>
<DELETED> (ii) Enforcement.--The Secretary
may carry out such judicial or administrative
actions as the Secretary determines to be
necessary to enforce a tribal management plan
to ensure that amounts withdrawn by the Band
from the Fund under this paragraph are used in
accordance with this Act.</DELETED>
<DELETED> (C) Liability.--The Secretary and the
Secretary of the Treasury shall not be liable for the
expenditure or investment of amounts withdrawn from the
Fund by the Band under this paragraph.</DELETED>
<DELETED> (D) Expenditure plan.--</DELETED>
<DELETED> (i) In general.--For each fiscal
year, the Band shall submit to the Secretary
for approval an expenditure plan for any
portion of the amounts described in
subparagraph (A) that the Band elects not to
withdraw under this paragraph during the fiscal
year.</DELETED>
<DELETED> (ii) Inclusion.--An expenditure
plan under clause (i) shall include a
description of the manner in which, and the
purposes for which, funds of the Band remaining
in the Fund will be used during subsequent
fiscal years.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (I) reasonable;
and</DELETED>
<DELETED> (II) consistent with this
Act.</DELETED>
<DELETED> (5) Annual reports.--The Band shall submit to the
Secretary annual reports describing each expenditure by the
Band of amounts in the Fund during the preceding calendar
year.</DELETED>
<DELETED> (6) Certain per capita distributions prohibited.--
No amounts in the Fund shall be distributed to any member of
the Band on a per capita basis.</DELETED>
<DELETED> (f) Availability.--Amounts in the Fund shall be available
for use by the Secretary and withdrawal by the Band beginning on the
enforceability date.</DELETED>
<DELETED>SEC. 10. MISCELLANEOUS PROVISIONS.</DELETED>
<DELETED> (a) Waiver of Sovereign Immunity by the United States.--
Except as provided in subsections (a) through (c) of section 208 of the
Department of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing
in this Act waives the sovereign immunity of the United
States.</DELETED>
<DELETED> (b) Other Tribes Not Adversely Affected.--Nothing in this
Act quantifies or diminishes any land or water right, or any claim or
entitlement to land or water, of an Indian tribe, band, or community
other than the Band.</DELETED>
<DELETED> (c) Limitation on Claims for Reimbursement.--With respect
to Indian land within the Reservation--</DELETED>
<DELETED> (1) the United States shall not submit against any
Indian-owned land located within the Reservation any claim for
reimbursement of the cost to the United States of carrying out
this Act and the Pechanga Settlement Agreement; and</DELETED>
<DELETED> (2) no assessment of any Indian-owned land located
within the Reservation shall be made regarding that
cost.</DELETED>
<DELETED> (d) Effect on Current Law.--Nothing in this section
affects any provision of law (including regulations) in effect on the
day before the date of enactment of this Act with respect to
preenforcement review of any Federal environmental enforcement
action.</DELETED>
<DELETED>SEC. 11. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> (a) Authorization of Appropriations.--</DELETED>
<DELETED> (1) Pechanga recycled water infrastructure
account.--There is authorized to be appropriated $2,500,000,
for deposit in the Pechanga Recycled Water Infrastructure
account, adjusted for changes in construction costs since June
30, 2009, in engineering cost indices applicable to types of
construction required to design and construct the Storage Pond,
to carry out the activities described in section
8(c).</DELETED>
<DELETED> (2) Pechanga esaa delivery capacity account.--
There is authorized to be appropriated $23,000,000, for deposit
in the Pechanga ESAA Delivery Capacity account, adjusted for
changes in construction costs since June 30, 2009, in
engineering cost indices applicable to types of construction
required to provide the Interim Capacity and the Permanent
Capacity, to carry out the activities described in paragraphs
(2) and (3) of section 8(d).</DELETED>
<DELETED> (3) Pechanga water fund account.--There is
authorized to be appropriated $12,232,000 for deposit in the
Pechanga Water Fund account, adjusted to reflect changes in
appropriate cost indices during the period beginning on the
date of enactment and ending on the date of appropriation, for
the purposes set forth in section 9(e)(3)(D).</DELETED>
<DELETED> (4) Pechanga water quality account.--There is
authorized to be appropriated $2,460,000 for deposit in the
Pechanga Water Quality account, adjusted to reflect changes in
appropriate cost indices during the period beginning on the
date of enactment and ending on the date of appropriation, for
the purposes set forth in section 9(e)(3)(E).</DELETED>
<DELETED>SEC. 12. REPEAL ON FAILURE OF ENFORCEABILITY DATE.</DELETED>
<DELETED> If the Secretary does not publish a statement of findings
under section 7(e) by April 30, 2030, or such alternative later date as
is agreed to by the Band and the Secretary, as applicable--</DELETED>
<DELETED> (1) this Act is repealed effective on the later of
May 1, 2030, or the day after the alternative date agreed to by
the Band and the Secretary;</DELETED>
<DELETED> (2) any action taken by the Secretary and any
contract or agreement pursuant to the authority provided under
any provision of this Act shall be void;</DELETED>
<DELETED> (3) any amounts appropriated under section 11,
together with any interest on those amounts, shall immediately
revert to the general fund of the Treasury; and</DELETED>
<DELETED> (4) any amounts made available under section 11
that remain unexpended shall immediately revert to the general
fund of the Treasury.</DELETED>
<DELETED>SEC. 13. ANTIDEFICIENCY.</DELETED>
<DELETED> The United States shall not be liable for any failure to
carry out any obligation or activity authorized to be carried out by
this Act (including any obligation or activity under the Pechanga
Settlement Agreement) if adequate appropriations are not provided
expressly by Congress to carry out the purposes of this Act or there
are not enough monies available to carry out the purposes of this Act
in--</DELETED>
<DELETED> (1) the Reclamation Water Settlements Fund
established under section 10501(a) of the Omnibus Public Land
Management Act of 2009 (43 U.S.C. 407(a)); or</DELETED>
<DELETED> (2) the Emergency Fund for Indian Safety and
Health established by section 601(a) of the Tom Lantos and
Henry J. Hyde United States Global Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Reauthorization Act of 2008 (25
U.S.C. 443c(a)).</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Pechanga Band of
Luiseno Mission Indians Water Rights Settlement Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Approval of the Pechanga Settlement Agreement.
Sec. 5. Tribal Water Right.
Sec. 6. Satisfaction of claims.
Sec. 7. Waiver of claims.
Sec. 8. Water facilities.
Sec. 9. Pechanga Settlement Fund.
Sec. 10. Miscellaneous provisions.
Sec. 11. Authorization of appropriations.
Sec. 12. Repeal on failure of enforceability date.
Sec. 13. Antideficiency.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to achieve a fair, equitable, and final settlement of
claims to water rights and certain claims for injuries to water
rights in the Santa Margarita River Watershed for--
(A) the Band; and
(B) the United States, acting in its capacity as
trustee for the Band and Allottees;
(2) to achieve a fair, equitable, and final settlement of
certain claims by the Band and Allottees against the United
States;
(3) to authorize, ratify, and confirm the Pechanga
Settlement Agreement to be entered into by the Band, RCWD, and
the United States;
(4) to authorize and direct the Secretary--
(A) to execute the Pechanga Settlement Agreement;
and
(B) to take any other action necessary to carry out
the Pechanga Settlement Agreement in accordance with
this Act; and
(5) to authorize the appropriation of amounts necessary for
the implementation of the Pechanga Settlement Agreement and
this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) Adjudication court.--The term ``Adjudication Court''
means the United States District Court for the Southern
District of California, which exercises continuing jurisdiction
over the Adjudication Proceeding.
(2) Adjudication proceeding.--The term ``Adjudication
Proceeding'' means litigation initiated by the United States
regarding relative water rights in the Santa Margarita River
Watershed in United States v. Fallbrook Public Utility District
et al., Civ. No. 3:51-cv-01247 (S.D.C.A.), including any
litigation initiated to interpret or enforce the relative water
rights in the Santa Margarita River Watershed pursuant to the
continuing jurisdiction of the Adjudication Court over the
Fallbrook Decree.
(3) AFY.--The term ``AFY'' means acre-feet per year.
(4) Allottee.--The term ``Allottee'' means an individual
who holds a beneficial real property interest in an Indian
allotment that is--
(A) located within the Reservation; and
(B) held in trust by the United States.
(5) Band.--The term ``Band'' means Pechanga Band of Luiseno
Mission Indians, a federally recognized sovereign Indian tribe
that functions as a custom and tradition Indian tribe, acting
on behalf of itself and its members, but not members in their
capacities as Allottees.
(6) Claims.--The term ``claims'' means rights, claims,
demands, actions, compensation, or causes of action, whether
known or unknown.
(7) EMWD.--The term ``EMWD'' means Eastern Municipal Water
District, a municipal water district organized and existing in
accordance with the Municipal Water District Law of 1911,
Division 20 of the Water Code of the State of California, as
amended.
(8) EMWD connection fee.--The term ``EMWD Connection Fee''
has the meaning set forth in the Extension of Service Area
Agreement.
(9) Enforceability date.--The term ``enforceability date''
means the date on which the Secretary publishes in the Federal
Register the statement of findings described in section 7(e).
(10) ESAA capacity agreement.--The term ``ESAA Capacity
Agreement'' means the ``Agreement to Provide Capacity for
Delivery of ESAA Water'', among the Band, RCWD and the United
States.
(11) ESAA water.--The term ``ESAA Water'' means imported
potable water that the Band receives from EMWD and MWD pursuant
to the Extension of Service Area Agreement and delivered by
RCWD pursuant to the ESAA Water Delivery Agreement.
(12) ESAA water delivery agreement.--The term ``ESAA Water
Delivery Agreement'' means the agreement among EMWD, RCWD, and
the Band, establishing the terms and conditions of water
service to the Band.
(13) Extension of service area agreement.--The term
``Extension of Service Area Agreement'' means the ``Agreement
for Extension of Existing Service Area'', among the Band, EMWD,
and MWD, for the provision of water service by EMWD to a
designated portion of the Reservation using water supplied by
MWD.
(14) Fallbrook decree.--
(A) In general.--The term ``Fallbrook Decree''
means the ``Modified Final Judgment And Decree'',
entered in the Adjudication Proceeding on April 6,
1966.
(B) Inclusions.--The term ``Fallbrook Decree''
includes all court orders, interlocutory judgments, and
decisions supplemental to the ``Modified Final Judgment
And Decree'', including Interlocutory Judgment No. 30,
Interlocutory Judgment No. 35, and Interlocutory
Judgment No. 41.
(15) Fund.--The term ``Fund'' means the Pechanga Settlement
Fund established by section 9 of this Act.
(16) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(17) Injury to water rights.--The term ``injury to water
rights'' means an interference with, diminution of, or
deprivation of water rights under Federal or State law.
(18) Interim capacity.--The term ``Interim Capacity'' has
the meaning set forth in the ESAA Capacity Agreement.
(19) Interim capacity notice.--The term ``Interim Capacity
Notice'' has the meaning set forth in the ESAA Capacity
Agreement.
(20) Interlocutory judgment no. 41.--The term
``Interlocutory Judgment No. 41'' means Interlocutory Judgment
No. 41 issued in the Adjudication Proceeding on November 8,
1962, including all court orders, judgments, and decisions
supplemental to that interlocutory judgment.
(21) MWD.--The term ``MWD'' means the Metropolitan Water
District of Southern California, a metropolitan water district
organized and incorporated under the Metropolitan Water
District Act of the State of California (Stats. 1969, Chapter
209, as amended).
(22) MWD connection fee.--The term ``MWD Connection Fee''
has the meaning set forth in the Extension of Service Area
Agreement.
(23) Pechanga esaa delivery capacity account.--The term
``Pechanga ESAA Delivery Capacity account'' means the account
established by section 9(c)(2) of this Act.
(24) Pechanga recycled water infrastructure account.--The
term ``Pechanga Recycled Water Infrastructure account'' means
the account established by section 9(c)(1) of this Act.
(25) Pechanga settlement agreement.--The term ``Pechanga
Settlement Agreement'' means the Pechanga Settlement Agreement,
together with the exhibits to that agreement, entered into by
the Band, the United States on behalf of the Band, its members
and Allottees, and RCWD.
(26) Pechanga water code.--The term ``Pechanga Water Code''
means a water code to be adopted by the Band in accordance with
section 5(f) of this Act.
(27) Pechanga water fund account.--The term ``Pechanga
Water Fund account'' means the account established by section
9(c)(3) of this Act.
(28) Pechanga water quality account.--The term ``Pechanga
Water Quality account'' means the account established by
section 9(c)(4) of this Act.
(29) Permanent capacity.--The term ``Permanent Capacity''
has the meaning set forth in the ESAA Capacity Agreement.
(30) Permanent capacity notice.--The term ``Permanent
Capacity Notice'' has the meaning set forth in the ESAA
Capacity Agreement.
(31) RCWD.--
(A) In general.--The term ``RCWD'' means the Rancho
California Water District organized pursuant to section
34000 et seq. of the California Water Code.
(B) Inclusions.--The term ``RCWD'' includes all
real property owners for whom RCWD acts as an agent
pursuant to an agency agreement.
(32) Recycled water infrastructure agreement.--The term
``Recycled Water Infrastructure Agreement'' means the
``Agreement for Recycled Water Infrastructure'' among the Band,
RCWD, and the United States.
(33) Recycled water transfer agreement.--The term
``Recycled Water Transfer Agreement'' means the ``Recycled
Water Transfer Agreement'' between the Band and RCWD.
(34) Reservation.--
(A) In general.--The term ``Reservation'' means the
land depicted on the map attached to the Pechanga
Settlement Agreement as Exhibit I.
(B) Applicability of term.--The term
``Reservation'' shall be used solely for the purposes
of the Pechanga Settlement Agreement, this Act, and any
judgment or decree issued by the Adjudication Court
approving the Pechanga Settlement Agreement, and not
for any of the exhibits to such agreement or for any
other purpose.
(35) Santa margarita river watershed.--The term ``Santa
Margarita River Watershed'' means the watershed that is the
subject of the Adjudication Proceeding and the Fallbrook
Decree.
(36) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(37) State.--The term ``State'' means the State of
California.
(38) Storage pond.--The term ``Storage Pond'' has the
meaning set forth in the Recycled Water Infrastructure
Agreement.
(39) Tribal water right.--The term ``Tribal Water Right''
means the water rights ratified, confirmed, and declared to be
valid for the benefit of the Band and Allottees, as set forth
and described in section 5 of this Act.
SEC. 4. APPROVAL OF THE PECHANGA SETTLEMENT AGREEMENT.
(a) Ratification of Pechanga Settlement Agreement.--
(1) In general.--Except as modified by this Act, and to the
extent that the Pechanga Settlement Agreement does not conflict
with this Act, the Pechanga Settlement Agreement is authorized,
ratified, and confirmed.
(2) Amendments.--Any amendment to the Pechanga Settlement
Agreement is authorized, ratified, and confirmed, to the extent
that such an amendment is executed to make the Pechanga
Settlement Agreement consistent with this Act.
(b) Execution of Pechanga Settlement Agreement.--
(1) In general.--To the extent that the Pechanga Settlement
Agreement does not conflict with this Act, the Secretary is
directed to and promptly shall execute--
(A) the Pechanga Settlement Agreement (including
any exhibit to the Pechanga Settlement Agreement
requiring the signature of the Secretary); and
(B) any amendment to the Pechanga Settlement
Agreement necessary to make the Pechanga Settlement
Agreement consistent with this Act.
(2) Modifications.--Nothing in this Act precludes the
Secretary from approving modifications to exhibits to the
Pechanga Settlement Agreement not inconsistent with this Act,
to the extent such modifications do not otherwise require
congressional approval pursuant to section 2116 of the Revised
Statutes (25 U.S.C. 177) or other applicable Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Pechanga Settlement
Agreement, the Secretary shall promptly comply with all
applicable requirements of--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(C) all other applicable Federal environmental
laws; and
(D) all regulations promulgated under the laws
described in subparagraphs (A) through (C).
(2) Execution of the pechanga settlement agreement.--
(A) In general.--Execution of the Pechanga
Settlement Agreement by the Secretary under this
section shall not constitute a major Federal action
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(B) Compliance.--The Secretary is directed to carry
out all Federal compliance necessary to implement the
Pechanga Settlement Agreement.
(3) Lead agency.--The Bureau of Reclamation shall be
designated as the lead agency with respect to environmental
compliance.
SEC. 5. TRIBAL WATER RIGHT.
(a) Intent of Congress.--It is the intent of Congress to provide to
each Allottee benefits that are equal to or exceed the benefits
Allottees possess as of the date of enactment of this Act, taking into
consideration--
(1) the potential risks, cost, and time delay associated
with litigation that would be resolved by the Pechanga
Settlement Agreement and this Act;
(2) the availability of funding under this Act;
(3) the availability of water from the Tribal Water Right
and other water sources as set forth in the Pechanga Settlement
Agreement; and
(4) the applicability of section 7 of the Act of February
8, 1887 (25 U.S.C. 381), and this Act to protect the interests
of Allottees.
(b) Confirmation of Tribal Water Right.--
(1) In general.--A Tribal Water Right of up to 4,994 acre-
feet of water per year that, under natural conditions, is
physically available on the Reservation is confirmed in
accordance with the Findings of Fact and Conclusions of Law set
forth in Interlocutory Judgment No. 41, as affirmed by the
Fallbrook Decree.
(2) Use.--Subject to the terms of the Pechanga Settlement
Agreement, this Act, the Fallbrook Decree, and applicable
Federal law, the Band may use the Tribal Water Right for any
purpose on the Reservation.
(c) Holding in Trust.--The Tribal Water Right, as set forth in
subsection (b), shall--
(1) be held in trust by the United States on behalf of the
Band and the Allottees in accordance with this section;
(2) include the priority dates described in Interlocutory
Judgment No. 41, as affirmed by the Fallbrook Decree; and
(3) not be subject to forfeiture or abandonment.
(d) Allottees.--
(1) Applicability of act of february 8, 1887.--The
provisions of section 7 of the Act of February 8, 1887 (25
U.S.C. 381), relating to the use of water for irrigation
purposes shall apply to the Tribal Water Right.
(2) Entitlement to water.--Any entitlement to water of
allotted land located within the exterior boundaries of the
Reservation under Federal law shall be satisfied from the
Tribal Water Right.
(3) Allocations.--Allotted land located within the exterior
boundaries of the Reservation shall be entitled to a just and
equitable allocation of water for irrigation and domestic
purposes from the Tribal Water Right.
(4) Exhaustion of remedies.--Before asserting any claim
against the United States under section 7 of the Act of
February 8, 1887 (25 U.S.C. 381), or any other applicable law,
an Allottee shall exhaust remedies available under the Pechanga
Water Code or other applicable tribal law.
(5) Claims.--Following exhaustion of remedies available
under the Pechanga Water Code or other applicable tribal law,
an Allottee may seek relief under section 7 of the Act of
February 8, 1887 (25 U.S.C. 381), or other applicable law.
(6) Authority.--The Secretary shall have the authority to
protect the rights of Allottees as specified in this section.
(e) Authority of Band.--
(1) In general.--Except as provided in paragraph (2), the
Band shall have authority to use, allocate, distribute, and
lease the Tribal Water Right in accordance with--
(A) the Pechanga Settlement Agreement; and
(B) applicable Federal law.
(2) Leases by allottees.--An Allottee may lease any
interest in land held by the Allottee, together with any water
right determined to be appurtenant to such interest in land.
(f) Pechanga Water Code.--
(1) In general.--Not later than 18 months after the
enforceability date, the Band shall enact a Pechanga Water
Code, that provides for--
(A) the management, regulation, and governance of
all uses of the Tribal Water Right in accordance with
the Pechanga Settlement Agreement; and
(B) establishment by the Band of conditions, permit
requirements, and other limitations relating to the
storage, recovery, and use of the Tribal Water Right in
accordance with the Pechanga Settlement Agreement.
(2) Inclusions.--The Pechanga Water Code shall provide--
(A) that allocations of water to Allottees shall be
satisfied with water from the Tribal Water Right;
(B) that charges for delivery of water for
irrigation purposes for Allottees shall be assessed in
accordance with section 7 of the Act of February 8,
1887 (25 U.S.C. 381);
(C) a process by which an Allottee (or any
successor in interest to an Allottee) may request that
the Band provide water for irrigation or domestic
purposes in accordance with this Act;
(D) a due process system for the consideration and
determination by the Band of any request by an Allottee
(or any successor in interest to an Allottee) for an
allocation of such water for irrigation or domestic
purposes on allotted land, including a process for--
(i) appeal and adjudication of any denied
or disputed distribution of water; and
(ii) resolution of any contested
administrative decision; and
(E) a requirement that any Allottee (or any
successor in interest to an Allottee) with a claim
relating to the enforcement of rights of the Allottee
(or any successor in interest to an Allottee) under the
Pechanga Water Code or relating to the amount of water
allocated to land of the Allottee must first exhaust
remedies available to the Allottee under tribal law and
the Pechanga Water Code before initiating an action
against the United States or petitioning the Secretary
pursuant to subsection (d)(4).
(3) Action by secretary.--
(A) In general.--The Secretary shall administer the
Tribal Water Right until the Pechanga Water Code is
enacted and approved under this section.
(B) Approval.--Any provision of the Pechanga Water
Code and any amendment to the Pechanga Water Code that
affects the rights of Allottees shall be subject to the
approval of the Secretary, and no such provision or
amendment shall be valid until approved by the
Secretary.
(C) Approval period.--The Secretary shall approve
or disapprove the Pechanga Water Code within a
reasonable period of time after the date on which the
Band submits the Pechanga Water Code to the Secretary
for approval.
(g) Effect.--Except as otherwise specifically provided in this
section, nothing in this Act--
(1) authorizes any action by an Allottee (or any successor
in interest to an Allottee) against any individual or entity,
or against the Band, under Federal, State, tribal, or local
law; or
(2) alters or affects the status of any action pursuant to
section 1491(a) of title 28, United States Code.
SEC. 6. SATISFACTION OF CLAIMS.
(a) In General.--The benefits provided to the Band and Allottees
under the Pechanga Settlement Agreement and this Act shall be in
complete replacement of, complete substitution for, and full
satisfaction of all claims of the Band against the United States that
are waived and released pursuant to section 7.
(b) Allottee Claims.--The benefits realized by the Allottees under
this Act shall be in complete replacement of, complete substitution
for, and full satisfaction of--
(1) all claims that are waived and released pursuant to
section 7; and
(2) any claims of the Allottees against the United States
that the Allottees have or could have asserted that are similar
in nature to any claim described in section 7.
(c) No Recognition of Water Rights.--Except as provided in section
5(d), nothing in this Act recognizes or establishes any right of a
member of the Band or an Allottee to water within the Reservation.
(d) Claims Relating to Development of Water for Reservation.--
(1) In general.--The amounts authorized to be appropriated
pursuant to section 11 shall be used to satisfy any claim of
the Allottees against the United States with respect to the
development or protection of water resources for the
Reservation.
(2) Satisfaction of claims.--Upon the complete
appropriation of amounts authorized pursuant to section 11, any
claim of the Allottees against the United States with respect
to the development or protection of water resources for the
Reservation shall be deemed to have been satisfied.
SEC. 7. WAIVER OF CLAIMS.
(a) In General.--
(1) Waiver of claims by the band and the united states
acting in its capacity as trustee for the band.--
(A) In general.--Subject to the retention of rights
set forth in subsection (c), in return for recognition
of the Tribal Water Right and other benefits as set
forth in the Pechanga Settlement Agreement and this
Act, the Band, on behalf of itself and the members of
the Band (but not tribal members in their capacities as
Allottees), and the United States, acting as trustee
for the Band, are authorized and directed to execute a
waiver and release of all claims for water rights
within the Santa Margarita River Watershed that the
Band, or the United States acting as trustee for the
Band, asserted or could have asserted in any
proceeding, including the Adjudication Proceeding,
except to the extent that such rights are recognized in
the Pechanga Settlement Agreement and this Act.
(B) Claims against rcwd.--Subject to the retention
of rights set forth in subsection (c) and
notwithstanding any provisions to the contrary in the
Pechanga Settlement Agreement, the Band and the United
States, on behalf of the Band and Allottees, fully
release, acquit, and discharge RCWD from--
(i) claims for injuries to water rights in
the Santa Margarita River Watershed for land
located within the Reservation arising or
occurring at any time up to and including June
30, 2009;
(ii) claims for injuries to water rights in
the Santa Margarita River Watershed for land
located within the Reservation arising or
occurring at any time after June 30, 2009,
resulting from the diversion or use of water in
a manner not in violation of the Pechanga
Settlement Agreement or this Act;
(iii) claims for subsidence damage to land
located within the Reservation arising or
occurring at any time up to and including June
30, 2009;
(iv) claims for subsidence damage arising
or occurring after June 30, 2009, to land
located within the Reservation resulting from
the diversion of underground water in a manner
consistent with the Pechanga Settlement
Agreement or this Act; and
(v) claims arising out of, or relating in
any manner to, the negotiation or execution of
the Pechanga Settlement Agreement or the
negotiation or execution of this Act.
(2) Claims by the united states acting in its capacity as
trustee for allottees.--Subject to the retention of claims set
forth in subsection (c), in return for recognition of the water
rights of the Band and other benefits as set forth in the
Pechanga Settlement Agreement and this Act, the United States,
acting as trustee for Allottees, is authorized and directed to
execute a waiver and release of all claims for water rights
within the Santa Margarita River Watershed that the United
States, acting as trustee for the Allottees, asserted or could
have asserted in any proceeding, including the Adjudication
Proceeding.
(3) Claims by the band against the united states.--Subject
to the retention of rights set forth in subsection (c), the
Band, on behalf of itself and its members (but not tribal
members in their capacity as Allottees), is authorized to
execute a waiver and release of--
(A) all claims against the United States (including
the agencies and employees of the United States)
relating to claims for water rights in, or water of,
the Santa Margarita River Watershed that the United
States, acting in its capacity as trustee for the Band,
asserted, or could have asserted, in any proceeding,
including the Adjudication Proceeding, except to the
extent that such rights are recognized in the Pechanga
Settlement Agreement and this Act;
(B) all claims against the United States (including
the agencies and employees of the United States)
relating to damages, losses, or injuries to water,
water rights, land, or natural resources due to loss of
water or water rights (including damages, losses or
injuries to hunting, fishing, gathering, or cultural
rights due to loss of water or water rights, claims
relating to interference with, diversion, or taking of
water or water rights, or claims relating to failure to
protect, acquire, replace, or develop water, water
rights, or water infrastructure) in the Santa Margarita
River Watershed that first accrued at any time up to
and including the enforceability date;
(C) all claims against the United States (including
the agencies and employees of the United States)
relating to the pending litigation of claims relating
to the water rights of the Band in the Adjudication
Proceeding; and
(D) all claims against the United States (including
the agencies and employees of the United States)
relating to the negotiation or execution of the
Pechanga Settlement Agreement or the negotiation or
execution of this Act.
(b) Effectiveness of Waivers and Releases.--The waivers under
subsection (a) shall take effect on the enforceability date.
(c) Reservation of Rights and Retention of Claims.--Notwithstanding
the waivers and releases authorized in this Act, the Band, on behalf of
itself and the members of the Band, and the United States, acting in
its capacity as trustee for the Band and Allottees, retain--
(1) all claims for enforcement of the Pechanga Settlement
Agreement and this Act;
(2) all claims against any person or entity other than the
United States and RCWD, including claims for monetary damages;
(3) all claims for water rights that are outside the
jurisdiction of the Adjudication Court;
(4) all rights to use and protect water rights acquired on
or after the enforceability date; and
(5) all remedies, privileges, immunities, powers and
claims, including claims for water rights, not specifically
waived and released pursuant to this Act and the Pechanga
Settlement Agreement.
(d) Effect of Pechanga Settlement Agreement and Act.--Nothing in
the Pechanga Settlement Agreement or this Act--
(1) affects the ability of the United States, acting as
sovereign, to take actions authorized by law, including any
laws relating to health, safety, or the environment,
including--
(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
(C) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.); and
(D) any regulations implementing the Acts described
in subparagraphs (A) through (C);
(2) affects the ability of the United States to take
actions acting as trustee for any other Indian tribe or an
Allottee of any other Indian tribe;
(3) confers jurisdiction on any State court--
(A) to interpret Federal law regarding health,
safety, or the environment;
(B) to determine the duties of the United States or
other parties pursuant to Federal law regarding health,
safety, or the environment; or
(C) to conduct judicial review of Federal agency
action;
(4) waives any claim of a member of the Band in an
individual capacity that does not derive from a right of the
Band;
(5) limits any funding that RCWD would otherwise be
authorized to receive under any Federal law, including the
Reclamation Wastewater and Groundwater Study and Facilities Act
(43 U.S.C. 390h et seq.) as that Act applies to permanent
facilities for water recycling, demineralization, and
desalination, and distribution of nonpotable water supplies in
Southern Riverside County, California;
(6) characterizes any amounts received by RCWD under the
Pechanga Settlement Agreement or this Act as Federal for
purposes of section 1649 of the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C. 390h-32); or
(7) affects the requirement of any party to the Pechanga
Settlement Agreement or any of the exhibits to the Pechanga
Settlement Agreement to comply with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) or the California
Environmental Quality Act prior to performing the respective
obligations of that party under the Pechanga Settlement
Agreement or any of the exhibits to the Pechanga Settlement
Agreement.
(e) Enforceability Date.--The enforceability date shall be the date
on which the Secretary publishes in the Federal Register a statement of
findings that--
(1) the Adjudication Court has approved and entered a
judgment and decree approving the Pechanga Settlement Agreement
in substantially the same form as Appendix 2 to the Pechanga
Settlement Agreement;
(2) all amounts authorized by this Act have been deposited
in the Fund;
(3) the waivers and releases authorized in subsection (a)
have been executed by the Band and the Secretary;
(4) the Extension of Service Area Agreement--
(A) has been approved and executed by all the
parties to the Extension of Service Area Agreement; and
(B) is effective and enforceable in accordance with
the terms of that Agreement; and
(5) the ESAA Water Delivery Agreement--
(A) has been approved and executed by all the
parties to the ESAA Water Delivery Agreement; and
(B) is effective and enforceable in accordance with
the terms of that agreement.
(f) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled for the period beginning on the
date of enactment of this Act and ending on the earlier of--
(A) April 30, 2030, or such alternate later date as
is agreed to be the Band and the Secretary; or
(B) the enforceability date.
(2) Effects of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
(3) Limitation.--Nothing in this section precludes the
tolling of any period of limitations or any time-based
equitable defense under any other applicable law.
(g) Termination.--
(1) In general.--If all of the amounts authorized to be
appropriated to the Secretary under this Act have not been made
available to the Secretary by April 30, 2030--
(A) the waivers authorized in this section shall
expire and be of no further force or effect; and
(B) all statutes of limitations applicable to any
claim otherwise waived shall be tolled until April 30,
2030.
(2) Voiding of waivers.--If the waivers pursuant to this
section are void under paragraph (1)--
(A) the approval of the United States of the
Pechanga Settlement Agreement under section 4 of this
Act shall be void and have no further force or effect;
(B) any unexpended Federal amounts appropriated or
made available to carry out this Act, together with any
interest earned on those amounts, and any water rights
or contracts to use water and title to other property
acquired or constructed with Federal amounts
appropriated or made available to carry out this Act
shall be returned to the Federal Government, unless
otherwise agreed to by the Band and the United States
and approved by Congress; and
(C) except for Federal amounts used to acquire or
develop property that is returned to the Federal
Government under subparagraph (B), the United States
shall be entitled to set off any Federal amounts
appropriated or made available to carry out this Act
that were expended or withdrawn, together with any
interest accrued, against any claims against the United
States relating to water rights asserted by the Band or
Allottees in any future settlement of the water rights
of the Band or Allottees.
SEC. 8. WATER FACILITIES.
(a) In General.--The Secretary shall, subject to the availability
of appropriations, using amounts from the designated accounts of the
Fund, provide the amounts necessary to fulfill the obligations of the
Band under the Recycled Water Infrastructure Agreement and the ESAA
Capacity Agreement, in an amount not to exceed the amounts deposited in
the designated accounts for such purposes, in accordance with this Act
and the terms and conditions of such agreements.
(b) Nonreimbursability of Costs.--All costs incurred by the
Secretary in carrying out this section shall be nonreimbursable.
(c) Recycled Water Infrastructure.--
(1) In general.--The Secretary shall, using amounts from
the Pechanga Recycled Water Infrastructure account, provide
amounts for the Storage Pond in accordance with this section.
(2) Storage pond.--
(A) In general.--The Secretary shall, subject to
the availability of appropriations, provide the amounts
necessary to fulfill the obligations of the Band under
the Recycled Water Infrastructure Agreement for the
design and construction of the Storage Pond, in an
amount not to exceed $2,656,374.
(B) Procedure.--The procedure for the Secretary to
provide amounts pursuant to this section shall be as
set forth in the Recycled Water Infrastructure
Agreement.
(C) Lead agency.--The Bureau of Reclamation shall
be the lead agency for purposes of the implementation
of this section.
(D) Liability.--The United States shall have no
responsibility or liability for the Storage Pond.
(d) ESAA Delivery Capacity.--
(1) In general.--The Secretary shall, using amounts from
the Pechanga ESAA Delivery Capacity account, provide amounts
for Interim Capacity and Permanent Capacity in accordance with
this section.
(2) Interim capacity.--
(A) In general.--The Secretary shall, subject to
the availability of appropriations, using amounts from
the ESAA Delivery Capacity account, provide amounts
necessary to fulfill the obligations of the Band under
the ESAA Capacity Agreement for the provision by RCWD
of Interim Capacity to the Band in an amount not to
exceed $1,000,000.
(B) Procedure.--The procedure for the Secretary to
provide amounts pursuant to this section shall be as
set forth in the ESAA Capacity Agreement.
(C) Lead agency.--The Bureau of Reclamation shall
be the lead agency for purposes of the implementation
of this section.
(D) Liability.--The United States shall have no
responsibility or liability for the Interim Capacity to
be provided by RCWD.
(E) Transfer to band.--If RCWD does not provide the
Interim Capacity Notice required pursuant to the ESAA
Capacity Agreement by the date that is 60 days after
the date required under the ESAA Capacity Agreement,
the amounts in the Pechanga ESAA Delivery Capacity
account for purposes of the provision of Interim
Capacity and Permanent Capacity, including any interest
that has accrued on those amounts, shall be available
for use by the Band to provide alternative interim
capacity in a manner that is similar to the Interim
Capacity and Permanent Capacity that the Band would
have received had RCWD provided such Interim Capacity
and Permanent Capacity.
(3) Permanent capacity.--
(A) In general.--On receipt of the Permanent
Capacity Notice pursuant to section 5(b) of the ESAA
Capacity Agreement, the Secretary, acting through the
Bureau of Reclamation, shall enter into negotiations
with RCWD and the Band to establish an agreement that
will allow for the disbursement of amounts from the
Pechanga ESAA Delivery Capacity account in accordance
with subparagraph (B).
(B) Schedule of disbursement.--
(i) In general.--Subject to clause (ii), on
execution of the ESAA Capacity Agreement, the
Secretary shall, subject to the availability of
appropriations and using amounts from the ESAA
Delivery Capacity account, provide amounts
necessary to fulfill the obligations of the
Band under the ESAA Capacity Agreement for the
provision by RCWD of Permanent Capacity to the
Band in an amount not to exceed $16,900,000.
(ii) Adjustment.--The amount under clause
(i) shall be adjusted for changes in
construction costs since June 30, 2009, as
indicated by engineering cost indices
applicable to types of construction required to
design and construct the Permanent Capacity,
until the date on which all amounts authorized
to be appropriated under this Act have been
made available.
(C) Procedure.--The procedure for the Secretary to
provide funds pursuant to this section shall be as set
forth in the ESAA Capacity Agreement.
(D) Lead agency.--The Bureau of Reclamation shall
be the lead agency for purposes of the implementation
of this section.
(E) Liability.--The United States shall have no
responsibility or liability for the Permanent Capacity
to be provided by RCWD.
(F) Transfer to band.--If RCWD does not provide the
Permanent Capacity Notice required pursuant to the ESAA
Capacity Agreement by the date that is 5 years after
the enforceability date, the amounts in the Pechanga
ESAA Delivery Capacity account for purposes of the
provision of Permanent Capacity, including any interest
that has accrued on those amounts, shall be available
for use by the Band to provide alternative permanent
capacity in a manner that is similar to the Permanent
Capacity that the Band would have received had RCWD
provided such Permanent Capacity.
SEC. 9. PECHANGA SETTLEMENT FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Pechanga Settlement Fund'',
to be managed, invested, and distributed by the Secretary and to be
available until expended, together with any interest earned on those
amounts, to be used solely for the purpose of carrying out this Act.
(b) Transfers to Fund.--The Fund shall consist of such amounts as
are deposited in the Fund under section 11(a) of this Act, together
with any interest earned on those amounts.
(c) Accounts of Pechanga Settlement Fund.--The Secretary shall
establish in the Fund the following accounts:
(1) Pechanga Recycled Water Infrastructure account,
consisting of amounts authorized pursuant to section 11(a)(1)
of this Act.
(2) Pechanga ESAA Delivery Capacity account, consisting of
amounts authorized pursuant to section 11(a)(2) of this Act.
(3) Pechanga Water Fund account, consisting of amounts
authorized pursuant to section 11(a)(3) of this Act.
(4) Pechanga Water Quality account, consisting of amounts
authorized pursuant to section 11(a)(4) of this Act.
(d) Management of Fund.--The Secretary shall manage, invest, and
distribute all amounts in the Fund in a manner that is consistent with
the investment authority of the Secretary under--
(1) the first section of the Act of June 24, 1938 (25
U.S.C. 162a);
(2) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.); and
(3) this section.
(e) Availability of Amounts.--Amounts appropriated to, and
deposited in, the Fund, including any investment earnings, shall be
made available to the Band by the Secretary beginning on the
enforceability date.
(f) Withdrawals by Band Pursuant to the American Indian Trust Fund
Management Reform Act.--
(1) In general.--The Band may withdraw all or part of the
amounts in the Fund upon approval by the Secretary of a tribal
management plan submitted by the Band in accordance with the
American Indian Trust Fund Management Reform Act of 1994 (25
U.S.C. 4001 et seq.).
(2) Requirements.--
(A) In general.--In addition to the requirements
under the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.), the tribal
management plan under paragraph (1) shall require that
the Band shall spend all amounts withdrawn from the
Fund in accordance with this Act.
(B) Enforcement.--The Secretary may carry out such
judicial or administrative actions as the Secretary
determines to be necessary to enforce the tribal
management plan to ensure that amounts withdrawn by the
Band from the Fund under this subsection are used in
accordance with this Act.
(g) Withdrawals by Band Pursuant to an Expenditure Plan.--
(1) In general.--The Band may request that all or part of
the amounts in the Fund be disbursed on approval by the
Secretary of an expenditure plan.
(2) Requirements.--The expenditure plan under paragraph (1)
shall include a description of the manner and purpose for which
the amounts proposed to be disbursed from the Fund will be
used, in accordance with subsection (h).
(3) Approval.--On receipt of an expenditure plan under this
subsection, the Secretary shall approve the plan, if the
Secretary determines that the plan is consistent with the
purposes of this Act.
(4) Enforcement.--The Secretary may carry out such judicial
or administrative actions as the Secretary determines to be
necessary to enforce an expenditure plan to ensure that amounts
disbursed under this subsection are used in accordance with
this Act.
(h) Uses.--Amounts from the Fund shall be used by the Band for the
following purposes:
(1) Pechanga recycled water infrastructure account.--The
Pechanga Recycled Water Infrastructure account shall be used
for expenditures by the Band in accordance with section 8(c).
(2) Pechanga esaa delivery capacity account.--The Pechanga
ESAA Delivery Capacity account shall be used for expenditures
by the Band in accordance with section 8(d).
(3) Pechanga water fund account.--The Pechanga Water Fund
account shall be used for--
(A) payment of the EMWD Connection Fee;
(B) payment of the MWD Connection Fee; and
(C) any expenses, charges, or fees incurred by the
Band in connection with the delivery or use of water
pursuant to the Pechanga Settlement Agreement.
(4) Pechanga water quality account.--The Pechanga Water
Quality account shall be used by the Band to fund groundwater
desalination activities within the Wolf Valley Basin.
(i) Liability.--The Secretary and the Secretary of the Treasury
shall not be liable for the expenditure of, or the investment of any
amounts withdrawn from, the Fund by the Band under subsection (f) or
(g).
(j) No Per Capita Distributions.--No portion of the Fund shall be
distributed on a per capita basis to any member of the Band.
SEC. 10. MISCELLANEOUS PROVISIONS.
(a) Waiver of Sovereign Immunity by the United States.--Except as
provided in subsections (a) through (c) of section 208 of the
Department of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing
in this Act waives the sovereign immunity of the United States.
(b) Other Tribes Not Adversely Affected.--Nothing in this Act
quantifies or diminishes any land or water right, or any claim or
entitlement to land or water, of an Indian tribe, band, or community
other than the Band.
(c) Limitation on Claims for Reimbursement.--With respect to Indian
land within the Reservation--
(1) the United States shall not submit against any Indian-
owned land located within the Reservation any claim for
reimbursement of the cost to the United States of carrying out
this Act and the Pechanga Settlement Agreement; and
(2) no assessment of any Indian-owned land located within
the Reservation shall be made regarding that cost.
(d) Effect on Current Law.--Nothing in this section affects any
provision of law (including regulations) in effect on the day before
the date of enactment of this Act with respect to preenforcement review
of any Federal environmental enforcement action.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--
(1) Pechanga recycled water infrastructure account.--There
is authorized to be appropriated $2,656,374, for deposit in the
Pechanga Recycled Water Infrastructure account, to carry out
the activities described in section 8(c).
(2) Pechanga esaa delivery capacity account.--There is
authorized to be appropriated $17,900,000, for deposit in the
Pechanga ESAA Delivery Capacity account, which amount shall be
adjusted for changes in construction costs since June 30, 2009,
as is indicated by ENR Construction Cost Index, 20-City
Average, as applicable to types of construction required to
provide the Interim Capacity and the Permanent Capacity, to
carry out the activities described in paragraphs (2) and (3) of
section 8(d), with such adjustment ending on the date on which
all amounts authorized to be appropriated under this section
have been made available.
(3) Pechanga water fund account.--There is authorized to be
appropriated $5,483,653, for deposit in the Pechanga Water Fund
account, which amount shall be adjusted for changes in
construction costs in the Consumer Price Index since June 30,
2009, with such adjustment ending on the date on which all
amounts authorized to be appropriated under this section have
been made available, for the purposes set forth in section
9(h)(3).
(4) Pechanga water quality account.--There is authorized to
be appropriated $2,460,000, for deposit in the Pechanga Water
Quality account, which amount shall be adjusted for changes in
construction costs in the Consumer Price Index since June 30,
2009, with such adjustment ending on the date on which all
amounts authorized to be appropriated under this section have
been made available, for the purposes set forth in section
9(e)(4).
SEC. 12. REPEAL ON FAILURE OF ENFORCEABILITY DATE.
If the Secretary does not publish a statement of findings under
section 7(e) by April 30, 2021, or such alternative later date as is
agreed to by the Band and the Secretary, as applicable--
(1) this Act is repealed effective on the later of May 1,
2021, or the day after the alternative date agreed to by the
Band and the Secretary;
(2) any action taken by the Secretary and any contract or
agreement pursuant to the authority provided under any
provision of this Act shall be void;
(3) any amounts appropriated under section 11, together
with any interest on those amounts, shall immediately revert to
the general fund of the Treasury; and
(4) any amounts made available under section 11 that remain
unexpended shall immediately revert to the general fund of the
Treasury.
SEC. 13. ANTIDEFICIENCY.
The United States shall not be liable for failure to carry out any
obligation or activity authorized to be carried out under this Act
(including any such obligation or activity under the Pechanga
Settlement Agreement) if adequate appropriations are not provided
expressly to carry out the purposes of this Act by Congress or there
are not enough monies available to carry out the purposes of this Act
in--
(1) the Reclamation Water Settlements Fund established
under section 10501 of Public Law 111-11; or
(2) the ``Emergency Fund for Indian Safety and Health''
established by section 601(a) of the Tom Lantos and Henry J.
Hyde United States Global Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Reauthorization Act of 2008 (22
U.S.C. 7601 et seq.).
Calendar No. 349
113th CONGRESS
2d Session
S. 1219
_______________________________________________________________________
A BILL
To authorize the Pechanga Band of Luiseno Mission Indians Water Rights
Settlement, and for other purposes.
_______________________________________________________________________
April 3, 2014
Reported with an amendment