II 

117TH CONGRESS 

2D SESSION S. 4870 

To approve the settlement of the water right claims of the Tule River 

Tribe, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 15, 2022 

Mr. PADILLA (for himself and Mrs. FEINSTEIN) introduced the following bill; 

which was read twice and referred to the Committee on Indian Affairs 

A BILL 

To approve the settlement of the water right claims of the 

Tule River Tribe, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Tule River Tribe Reserved Water Rights Settlement Act 

6 of 2022’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 

Sec. 3. Definitions. 

Sec. 4. Ratification of 2007 Agreement. 

Sec. 5. Tribal Water Right. 


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Sec. 6. Tule River Tribe trust accounts. 

Sec. 7. Funding. 

Sec. 8. Transfer of land into trust. 

Sec. 9. Satisfaction of claims. 

Sec. 10. Waivers and releases of claims. 

Sec. 11. Enforceability Date. 

Sec. 12. Binding effect; judicial approval; enforceability. 

Sec. 13. Miscellaneous provisions. 

Sec. 14. Antideficiency. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to achieve a fair, equitable, and final settle4 ment of claims to water rights in the State of Cali5 fornia for— 

6 (A) the Tule River Tribe; and 

7 (B) the United States, acting as trustee 

8 for the Tribe; 

9 (2) to authorize, ratify, and confirm the 2007 

10 Agreement entered by the Tribe, the South Tule 

11 Independent Ditch Company, and the Tule River As12 sociation, to the extent that the 2007 Agreement is 

13 consistent with this Act; 

14 (3) to authorize and direct the Secretary— 

15 (A) to execute the 2007 Agreement; and 

16 (B) to take any other actions necessary to 

17 carry out the 2007 Agreement in accordance 

18 with this Act; 

19 (4) to authorize funds necessary for the imple20 mentation of the 2007 Agreement and this Act; and 


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1 (5) to authorize the transfer of certain lands to 

2 the Tribe, to be held in trust. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) 2007 AGREEMENT.—The term ‘‘2007 

6 Agreement’’ means— 

7 (A) the agreement dated November 21, 

8 2007, as amended on April 22, 2009, between 

9 the Tribe, the South Tule Independent Ditch 

10 Company, and the Tule River Association, and 

11 exhibits A–F attached thereto; and 

12 (B) any amendment to the Agreement re13 ferred to in subparagraph (A) (including an 

14 amendment to any exhibit) that is executed to 

15 ensure that the 2007 Agreement is consistent 

16 with this Act. 

17 (2) COURT.—The term ‘‘Court’’ means the 

18 United States District Court for the Eastern Dis19 trict of California, unless otherwise specified herein. 

20 (3) DIVERT; DIVERSION.—The terms ‘‘divert’’ 

21 and ‘‘diversion’’ mean to remove water from its nat22 ural course or location by means of a ditch, canal, 

23 flume, bypass, pipeline, conduit, well, pump, or other 

24 structure or device, or act of a person. 


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1 (4) DOWNSTREAM WATER USERS.—The term 

2 ‘‘Downstream Water Users’’ means— 

3 (A) the Tule River Association and its suc4 cessors and assigns; 

5 (B) the South Tule Independent Ditch 

6 Company and its successors and assigns; and 

7 (C) any and all other holders of water 

8 rights in the South Fork Tule River Basin. 

9 (5) ENFORCEABILITY DATE.—The term ‘‘En10 forceability Date’’ means the date described in sec11 tion 11. 

12 (6) OM&R.— 

13 (A) IN GENERAL.—The term ‘‘OM&R’’ 

14 means operation, maintenance, and replace15 ment. 

16 (B) INCLUSIONS.—The term ‘‘OM&R’’ in17 cludes— 

18 (i) any recurring or ongoing activity 

19 relating to the day-to-day operation of a 

20 project; 

21 (ii) any activity relating to scheduled 

22 or unscheduled maintenance of a project; 

23 and 

24 (iii) any activity relating to repairing 

25 or replacing a feature of a project. 


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1 (7) RESERVATION; TULE RIVER RESERVA2 TION.—The terms ‘‘Reservation’’ and ‘‘Tule River 

3 Reservation’’ mean the reservation of lands set aside 

4 for the Tribe by the Executive Orders of January 9, 

5 1873, October 3, 1873, and August 3, 1878, includ6 ing lands added to the Reservation pursuant to sec7 tion 8. 

8 (8) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Interior. 

10 (9) SOUTH TULE INDEPENDENT DITCH COM11 PANY.—The term ‘‘South Tule Independent Ditch 

12 Company’’ means the nonprofit mutual water com13 pany incorporated in 1895, which provides water di14 verted from the South Fork of the Tule River to its 

15 shareholders on lands downstream from the Tule 

16 River Reservation. 

17 (10) TRIBAL WATER RIGHT.—The term ‘‘Tribal 

18 Water Right’’ means the water rights ratified, con19 firmed, and declared to be valid for the benefit of 

20 the Tribe as set forth and described in the 2007 

21 Agreement and this Act. 

22 (11) TRIBE.—The term ‘‘Tribe’’ means the 

23 Tule River Indian Tribe of the Tule River Reserva24 tion, California, a federally recognized Indian Tribe. 


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1 (12) TRUST FUND.—The term ‘‘Trust Fund’’ 

2 means the Tule River Indian Tribe Settlement Trust 

3 Fund established under section 6(a). 

4 (13) TULE RIVER ASSOCIATION.— 

5 (A) IN GENERAL.—The term ‘‘Tule River 

6 Association’’ means the association formed by 

7 agreement in 1965, the members of which are 

8 representatives of all pre-1914 appropriative 

9 and certain riparian water right holders of the 

10 Tule River at and below the Richard L. Schafer 

11 Dam and Reservoir. 

12 (B) INCLUSIONS.—The term ‘‘Tule River 

13 Association’’ includes the Pioneer Water Com14 pany, the Vandalia Irrigation District, the 

15 Porterville Irrigation District, and the Lower 

16 Tule River Irrigation District. 

17 (14) WATER DEVELOPMENT PROJECT.—The 

18 term ‘‘Water Development Project’’ means a project 

19 for domestic, commercial, municipal, and industrial 

20 water supply, including but not limited to water 

21 treatment, storage, and distribution infrastructure, 

22 to be constructed, in whole or in part, using monies 

23 from the Trust Fund. 

24 SEC. 4. RATIFICATION OF 2007 AGREEMENT. 

25 (a) RATIFICATION.— 


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1 (1) IN GENERAL.—Except as modified by this 

2 Act and to the extent that the 2007 Agreement does 

3 not conflict with this Act, the 2007 Agreement is au4 thorized, ratified, and confirmed. 

5 (2) AMENDMENTS.—If an amendment to the 

6 2007 Agreement, or to any exhibit attached to the 

7 2007 Agreement requiring the signature of the Sec8 retary, is executed in accordance with this Act to 

9 make the 2007 Agreement consistent with this Act, 

10 the amendment is authorized, ratified, and con11 firmed. 

12 (b) EXECUTION.— 

13 (1) IN GENERAL.—To the extent the 2007 

14 Agreement does not conflict with this Act, the Sec15 retary shall execute the 2007 Agreement, including 

16 all exhibits to, or parts of, the 2007 Agreement re17 quiring the signature of the Secretary. 

18 (2) MODIFICATIONS.—Nothing in this Act pro19 hibits the Secretary, after execution of the 2007 

20 Agreement, from approving any modification to the 

21 2007 Agreement, including any exhibit to the 2007 

22 Agreement, that is consistent with this Act, to the 

23 extent that the modification does not otherwise re24 quire congressional approval under section 2116 of 


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1 the Revised Statutes (25 U.S.C. 177) or any other 

2 applicable provision of Federal law. 

3 (c) ENVIRONMENTAL COMPLIANCE.— 

4 (1) IN GENERAL.—In implementing the 2007 

5 Agreement and this Act, the Secretary shall comply 

6 with all applicable provisions of— 

7 (A) the Endangered Species Act of 1973 

8 (16 U.S.C. 1531 et seq.); 

9 (B) the National Environmental Policy Act 

10 of 1969 (42 U.S.C. 4321 et seq.), including the 

11 implementing regulations of that Act; and 

12 (C) other applicable Federal environmental 

13 laws and regulations. 

14 (2) COMPLIANCE.— 

15 (A) IN GENERAL.—In implementing the 

16 2007 Agreement and this Act, the Tribe shall 

17 prepare any necessary environmental docu18 ments, consistent with all applicable provisions 

19 of— 

20 (i) the Endangered Species Act of 

21 1973 (16 U.S.C. 1531 et seq.); 

22 (ii) the National Environmental Policy 

23 Act of 1969 (42 U.S.C. 4231 et seq.), in24 cluding the implementing regulations of 

25 that Act; and 


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1 (iii) all other applicable Federal envi2 ronmental laws and regulations. 

3 (B) AUTHORIZATIONS.—The Secretary 

4 shall— 

5 (i) independently evaluate the docu6 mentation submitted under subparagraph 

7 (A); and 

8 (ii) be responsible for the accuracy, 

9 scope, and contents of that documentation. 

10 (3) EFFECT OF EXECUTION.—The execution of 

11 the 2007 Agreement by the Secretary under this sec12 tion shall not constitute a major Federal action for 

13 purposes of the National Environmental Policy Act 

14 of 1969 (42 U.S.C. 4321 et seq.). 

15 (4) COSTS.—Any costs associated with the per16 formance of the compliance activities under this sub17 section shall be paid from funds deposited in the 

18 Trust Fund, subject to the condition that any costs 

19 associated with the performance of Federal approval 

20 or other review of such compliance work or costs as21 sociated with inherently Federal functions shall re22 main the responsibility of the Secretary. 

23 SEC. 5. TRIBAL WATER RIGHT. 

24 (a) CONFIRMATION OF TRIBAL WATER RIGHT.— 


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1 (1) IN GENERAL.—The Tribal Water Right is 

2 ratified, confirmed, and declared valid. 

3 (2) QUANTIFICATION.—The Tribal Water Right 

4 includes the right to divert and use or permit the di5 version and use of up to 5,828 acre-feet per year of 

6 surface water from the South Fork Tule River, as 

7 described in the 2007 Agreement and as confirmed 

8 in the decree entered by the Court pursuant to sub9 sections (b) and (c) of section 12. 

10 (3) USE.—Any diversion, use, and place of use 

11 of the Tribal Water Right shall be subject to the 

12 terms and conditions of the 2007 Agreement and 

13 this Act. 

14 (b) TRUST STATUS OF TRIBAL WATER RIGHT.—The 

15 Tribal Water Right— 

16 (1) shall be held in trust by the United States 

17 for the use and benefit of the Tribe in accordance 

18 with this Act; and 

19 (2) shall not be subject to loss through non-use, 

20 forfeiture, abandonment, or other operation of law. 

21 (c) AUTHORITY OF THE TULE RIVER TRIBE.— 

22 (1) IN GENERAL.—The Tule River Tribe shall 

23 have the authority to allocate and distribute the 

24 Tribal Water Right for use on the Reservation in acVerDate Sep 11 2014 21:58 Sep 20, 2022 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4870.IS S4870

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1 cordance with the 2007 Agreement, this Act, and 

2 applicable Federal law. 

3 (d) ADMINISTRATION.— 

4 (1) NO ALIENATION.—The Tribe shall not per5 manently alienate any portion of the Tribal Water 

6 Right. 

7 (2) PURCHASES OR GRANTS OF LAND FROM IN8 DIANS.—An authorization provided by this Act for 

9 the allocation, distribution, leasing, or other ar10 rangement entered into pursuant to this Act shall be 

11 considered to satisfy any requirement for authoriza12 tion of the action by treaty or convention imposed by 

13 section 2116 of the Revised Statutes (25 U.S.C. 

14 177). 

15 (3) PROHIBITION ON FORFEITURE.—The non16 use of all or any portion of the Tribal Water Right 

17 by any water user shall not result in the forfeiture, 

18 abandonment, relinquishment, or other loss of all or 

19 any portion of the Tribal Water Right. 

20 SEC. 6. TULE RIVER TRIBE TRUST ACCOUNTS. 

21 (a) ESTABLISHMENT.—The Secretary shall establish 

22 a trust fund, to be known as the ‘‘Tule River Indian Tribe 

23 Settlement Trust Fund’’, to be managed, invested, and 

24 distributed by the Secretary and to remain available until 

25 expended, withdrawn, or reverted to the general fund of 


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1 the Treasury, consisting of the amounts deposited in the 

2 Trust Fund under subsection (c), together with any inter3 est earned on those amounts, for the purpose of carrying 

4 out this Act. 

5 (b) ACCOUNTS.—The Secretary shall establish in the 

6 Trust Fund the following Accounts: 

7 (1) The Tule River Tribe Water Development 

8 Projects Account. 

9 (2) The Tule River Tribe OM&R Account. 

10 (c) DEPOSITS.—The Secretary shall deposit— 

11 (1) in the Tule River Tribe Water Development 

12 Projects Account established under subsection 

13 (b)(1), the amounts made available pursuant to sec14 tion 7(a)(1); and 

15 (2) in the Tule River Tribe OM&R Account es16 tablished under subsection (b)(2), the amounts made 

17 available pursuant to section 7(a)(2). 

18 (d) MANAGEMENT AND INTEREST.— 

19 (1) MANAGEMENT.—On receipt and deposit of 

20 funds into the accounts in the Trust Fund pursuant 

21 to subsection (c), the Secretary shall manage, invest, 

22 and distribute all amounts in the Trust Fund in ac23 cordance with the investment authority of the Sec24 retary under— 


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1 (A) the first section of the Act of June 24, 

2 1938 (52 Stat. 1037, chapter 648; 25 U.S.C. 

3 162a); 

4 (B) the American Indian Trust Fund Man5 agement Reform Act of 1994 (25 U.S.C. 4001 

6 et seq.); and 

7 (C) this section. 

8 (2) INVESTMENT EARNINGS.—In addition to 

9 the deposits under subsection (c), any investment 

10 earnings, including interest, credited to amounts 

11 held in the Trust Fund are authorized to be used in 

12 accordance with subsections (e) and (h). 

13 (e) AVAILABILITY OF AMOUNTS.—Amounts appro14 priated to, and deposited in, the Trust Fund, including 

15 any investment earnings, including interest, shall be made 

16 available to the Tribe by the Secretary beginning on the 

17 Enforceability Date and subject to the requirements set 

18 forth in this section. 

19 (f) WITHDRAWALS.— 

20 (1) WITHDRAWALS UNDER THE AMERICAN IN21 DIAN TRUST FUND MANAGEMENT REFORM ACT OF

22 1994.— 

23 (A) IN GENERAL.—The Tribe may with24 draw any portion of the amounts in the Trust 

25 Fund on approval by the Secretary of a Tribal 


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1 management plan submitted by the Tribe in ac2 cordance with the American Indian Trust Fund 

3 Management Reform Act of 1994 (25 U.S.C. 

4 4001 et seq.). 

5 (B) REQUIREMENTS.—In addition to the 

6 requirements under the American Indian Trust 

7 Fund Management Reform Act of 1994 (25 

8 U.S.C. 4001 et seq.), the Tribal management 

9 plan under this paragraph shall require that the 

10 Tribe shall spend all amounts withdrawn from 

11 the Trust Fund, and any investment earnings 

12 accrued through the investments under the 

13 Tribal management plan, in accordance with 

14 this Act. 

15 (C) ENFORCEMENT.—The Secretary may 

16 carry out such judicial and administrative ac17 tions as the Secretary determines to be nec18 essary to enforce the Tribal management plan 

19 under this paragraph to ensure that amounts 

20 withdrawn by the Tribe from the Trust Fund 

21 under this paragraph are used in accordance 

22 with this Act. 

23 (2) WITHDRAWALS UNDER EXPENDITURE

24 PLAN.— 


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1 (A) IN GENERAL.—The Tribe may submit 

2 to the Secretary a request to withdraw amounts 

3 from the Trust Fund pursuant to an approved 

4 expenditure plan. 

5 (B) REQUIREMENTS.—To be eligible to 

6 withdraw amounts under an expenditure plan 

7 under this paragraph, the Tribe shall submit to 

8 the Secretary an expenditure plan for any por9 tion of the Trust Fund that the Tribe elects to 

10 withdraw pursuant to this subparagraph, sub11 ject to the condition that the amounts shall be 

12 used for the purposes described in this Act. 

13 (C) INCLUSIONS.—An expenditure plan 

14 under this paragraph shall include a description 

15 of the manner and purpose for which the 

16 amounts proposed to be withdrawn from the 

17 Trust Fund will be used by the Tribe in accord18 ance with subsections (e) and (h). 

19 (D) APPROVAL.—The Secretary shall ap20 prove an expenditure plan submitted under this 

21 paragraph if the Secretary determines that the 

22 plan— 

23 (i) is reasonable; and 

24 (ii) is consistent with, and will be used 

25 for, the purposes of this Act. 


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1 (E) ENFORCEMENT.—The Secretary may 

2 carry out such judicial and administrative ac3 tions as the Secretary determines to be nec4 essary to enforce an expenditure plan to ensure 

5 that amounts disbursed under this paragraph 

6 are used in accordance with this Act. 

7 (g) EFFECT OF SECTION.—Nothing in this section 

8 gives the Tribe the right to judicial review of a determina9 tion of the Secretary relating to whether to approve a 

10 Tribal management plan under subsection (f)(1) or an ex11 penditure plan under subsection (f)(2) except under sub12 chapter II of chapter 5, and chapter 7, of title 5, United 

13 States Code (commonly known as the ‘‘Administrative 

14 Procedure Act’’). 

15 (h) USES.—Amounts from the Trust Fund may only 

16 be used by the Tribe for the following purposes: 

17 (1) The Tule River Tribe Water Development 

18 Projects Account may only be used to plan, design, 

19 and construct Water Development Projects on the 

20 Tule River Reservation, and for the conduct of re21 lated activities, including for environmental compli22 ance in the development and construction of projects 

23 under this Act. 


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1 (2) The Tule River Tribe OM&R Account may 

2 only be used for the OM&R of Water Development 

3 Projects. 

4 (i) LIABILITY.—The Secretary and the Secretary of 

5 the Treasury shall not be liable for the expenditure or in6 vestment of any amounts withdrawn from the Trust Fund 

7 by the Tribe under paragraphs (1) and (2) of subsection 

8 (f). 

9 (j) TITLE TO INFRASTRUCTURE.—Title to, control 

10 over, and operation of any project constructed using funds 

11 from the Trust Fund shall remain in the Tribe. 

12 (k) OPERATION, MAINTENANCE, & REPLACEMENT.— 

13 All OM&R costs of any project constructed using funds 

14 from the Trust Fund shall be the responsibility of the 

15 Tribe. 

16 (l) NO PER CAPITA DISTRIBUTIONS.—No portion of 

17 the Trust Fund shall be distributed on a per capita basis 

18 to any member of the Tribe. 

19 (m) EXPENDITURE REPORT.—The Tule River Tribe 

20 shall annually submit to the Secretary an expenditure re21 port describing accomplishments and amounts spent from 

22 use of withdrawals under a Tribal management plan or 

23 an expenditure plan under this Act. 


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1 SEC. 7. FUNDING. 

2 (a) FUNDING.—Out of any funds in the Treasury not 

3 otherwise appropriated, the Secretary of the Treasury 

4 shall transfer to the Secretary— 

5 (1) for deposit in the Tule River Tribe Water 

6 Development Projects Account $518,000,000, to be 

7 available until expended, withdrawn, or reverted to 

8 the general fund of the Treasury; and 

9 (2) for deposit in the Tule River Tribe OM&R 

10 Account $50,000,000, to be available until expended, 

11 withdrawn, or reverted to the general fund of the 

12 Treasury. 

13 (b) FLUCTUATION IN COSTS.— 

14 (1) IN GENERAL.—The amounts authorized to 

15 be appropriated under subsection (a) shall be in16 creased or decreased, as appropriate, by such 

17 amounts as may be justified by reason of ordinary 

18 fluctuations in costs occurring after November 1, 

19 2020, as indicated by the Bureau of Reclamation 

20 Construction Cost Index—Composite Trend. 

21 (2) CONSTRUCTION COSTS ADJUSTMENT.—The 

22 amounts authorized to be appropriated under sub23 section (a) shall be adjusted to address construction 

24 cost changes necessary to account for unforeseen 

25 market volatility that may not otherwise be captured 

26 by engineering cost indices as determined by the 


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1 Secretary, including repricing applicable to the types 

2 of construction and current industry standards in3 volved. 

4 (3) REPETITION.—The adjustment process 

5 under this subsection shall be repeated for each sub6 sequent amount appropriated until the amount au7 thorized, as adjusted, has been appropriated. 

8 (4) PERIOD OF INDEXING.—The period of in9 dexing adjustment under this subsection for any in10 crement of funding shall end on the date on which 

11 the funds are deposited into the Trust Fund. 

12 SEC. 8. TRANSFER OF LAND INTO TRUST. 

13 (a) TRANSFER OF LAND TO TRUST.— 

14 (1) IN GENERAL.—Subject to valid existing 

15 rights, and the requirements of this subsection, all 

16 right, title, and interest of the United States in and 

17 to the land described in paragraph (2) shall be held 

18 in trust by the United States for the benefit of the 

19 Tribe as part of the Reservation upon the Enforce20 ability Date, provided that the Tribal fee land de21 scribed in paragraph (2)(C)— 

22 (A) is free from any liens, encumbrances, 

23 or other infirmities; and 


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1 (B) has no existing evidence of any haz2 ardous substances or other environmental liabil3 ity. 

4 (2) LANDS TO BE HELD IN TRUST.—The land 

5 referred to in paragraph (1) is the following: 

6 (A) BUREAU OF LAND MANAGEMENT

7 LANDS.— 

8 (i) Approximately 26.15 acres of land 

9 located in T. 22 S., R. 29 E., sec. 35, Lot 

10 9. 

11 (ii) Approximately 85.50 acres of land 

12 located in T. 22 S., R. 29 E., sec. 35, Lots 

13 6 and 7. 

14 (iii) Approximately 38.77 acres of 

15 land located in— 

16 (I) T. 22 S., R. 30 E., sec. 30, 

17 Lot 1; and 

18 (II) T. 22 S., R. 30 E., sec. 31, 

19 Lots 6 and 7. 

20 (iv) Approximately 154.9 acres of land 

21 located in T. 22 S., R. 30 E., sec. 34, 

N1⁄4SW1⁄4 and SW1⁄4SW1 22 ⁄4, Lots 2 and 3. 

23 (v) Approximately 40.00 acres of land 

24 located in T. 22 S., R. 30 E., sec. 34, 

NE1⁄4SE1 25 ⁄4. 


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1 (vi) Approximately 375.17 acres of 

2 land located in— 

3 (I) T. 22 S., R. 30 E., sec. 35, 

S1⁄2NE1⁄4, N1⁄2SE1⁄4, and SE1⁄4SE1 4 ⁄4, 

5 Lots 3, 4, and 6; and 

6 (II) T. 23 S., R. 30 E., sec. 2, 

S1⁄2NE1 7 ⁄4, Lots 6 and 7. 

8 (vii) Approximately 60.43 acres of 

9 land located in— 

10 (I) T. 22 S., R. 30 E., sec. 35, 

SW1⁄4SW1 11 ⁄4; and 

12 (II) T. 23 S., R. 30 E., sec. 2, 

13 Lot 9. 

14 (viii) Approximately 15.48 acres of 

15 land located in T. 21 S., R. 30 E., sec. 31 

in that portion of the NW1 16 ⁄4 lying between 

17 Lots 8 and 9. 

18 (ix) Approximately 29.26 acres of 

19 land located in T. 21 S., R. 30 E., sec. 31, 

20 Lot 7. 

21 (B) FOREST SERVICE LANDS.—Approxi22 mately 9,037 acres of land comprising the head23 waters area of the South Fork Tule River wa24 tershed located east of and adjacent to the Tule 


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1 River Indian Reservation, and more particularly 

2 described as follows: 

3 (i) Commencing at the northeast cor4 ner of the Tule River Indian Reservation 

5 in T. 21 S., R. 31 E., sec. 16, Mount Dia6 blo Base and Meridian, running thence 

7 east and then southeast along the ridge of 

8 mountains dividing the waters of the South 

9 Fork of the Tule River and Middle Fork of 

10 the Tule River, continuing south and then 

11 southwest along the ridge of mountains di12 viding the waters of the South Fork of the 

13 Tule River and the Upper Kern River until 

14 intersecting with the southeast corner of 

15 the Tule River Indian Reservation in T. 22 

16 S., R. 31 E., sec. 28, thence from such 

17 point north along the eastern boundary of 

18 the Tule River Indian Reservation to the 

19 place of beginning. 

20 (ii) The area encompasses— 

21 (I) all of secs. 22, 23, 26, 27, 34, 

22 35, and portions of secs. 13, 14, 15, 

23 16, 21, 24, 25, 28, 33, and 36, in T. 

24 21 S., R. 31 E.; and 


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1 (II) all of secs. 3 and 10, and 

2 portions of secs. 1, 2, 4, 9, 11, 14, 15, 

3 16, 21, 22, 27, and 28, in T. 22 S., 

4 R. 31 E. 

5 (C) TRIBALLY OWNED FEE LANDS.— 

6 (i) Approximately 300 acres of land 

7 known as the McCarthy Ranch and more 

8 particularly described as follows: 

(I) The SW1 9 ⁄4 and that portion 

of the SE1 10 ⁄4 of sec. 9 in T. 22 S., R. 

11 29 E., Mount Diablo Base and Merid12 ian, in the County of Tulare, State of 

13 California, according to the official 

14 plat thereof, lying south and west of 

15 the center line of the South Fork of 

16 the Tule River, as such river existed 

17 on June 9, 1886, in the County of 

18 Tulare, State of California; excepting 

19 therefrom an undivided one-half inter20 est in and to the oil, gas, minerals, 

21 and other hydrocarbon substances in, 

22 on, or under such land, as reserved by 

23 Alice King Henderson, a single 

24 woman, by Deed dated January 22, 

25 1959, and Recorded February 18, 


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1 1959, in Book 2106, page 241, Tulare 

2 County Official Records. 

3 (II) An easement over and across 

that portion of the SW1 4 ⁄4 of sec. 10 in 

5 T. 22 S., R. 29 E., Mount Diablo 

6 Base and Meridian, County of Tulare, 

7 State of California, more particularly 

8 described as follows: 

9 (aa) Beginning at the inter10 section of the west line of the 

SW1 11 ⁄4 of sec. 10, and the south 

12 bank of the South Tule Inde13 pendent Ditch; thence south 20 

14 rods; thence in an easterly direc15 tion, parallel with such ditch, 80 

16 rods; thence north 20 rods, 

17 thence westerly along the south 

18 bank of such ditch 80 rods to the 

19 point of beginning; for the pur20 pose of— 

21 (AA) maintaining 

22 thereon an irrigation ditch 

23 between the headgate of the 

24 King Ditch situated on such 

land and the SW1 25 ⁄4 and that 


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portion of the SE1 1 ⁄4 of sec. 

2 9 in T. 22 S., R. 29 E., 

3 lying south and west of the 

4 centerline of the South Fork 

5 of the Tule River, as such 

6 river existed on June 9, 

7 1886, in the County of 

8 Tulare, State of California; 

9 and 

10 (BB) conveying there11 through water from the 

12 South Fork of the Tule 

River to the SW1 13 ⁄4 and that 

portion of the SE1 14 ⁄4 of sec. 

15 9 in T. 22 S., R. 29 E., 

16 lying south and west of the 

17 centerline of the South Fork 

18 of the Tule River, as such 

19 river existed on June 9, 

20 1886. 

21 (bb) The easement described 

22 in item (aa) shall follow the exist23 ing route of the King Ditch. 

24 (ii) Approximately 640 acres of land 

25 known as the Pierson/Diaz property in T. 


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•S 4870 IS

1 22 S., R. 29 E., sec. 16, Mount Diablo 

2 Base and Meridian, in the County of 

3 Tulare, State of California, according to 

4 the official plat thereof. 

5 (iii) Approximately 375.44 acres of 

6 land known as the Hyder property and 

7 more particularly described as follows: 

(I) That portion of the S1 8 ⁄2 of 

9 sec. 12 in T. 22 S., R. 28 E., Mount 

10 Diablo Base and Meridian, in the 

11 County of Tulare, State of California, 

12 according to the official plat thereof, 

13 lying south of the County Road known 

14 as Reservation Road, excepting there15 from an undivided one-half interest in 

16 all oil, gas, minerals, and other hydro17 carbon substances as reserved in the 

18 deed from California Lands, Inc., to 

19 Lovell J. Wilson and Genevieve P. 

20 Wilson, recorded February 17, 1940, 

21 in book 888, page 116, Tulare County 

22 Official Records. 

(II) The NW1 23 ⁄4 of sec. 13 in T. 

24 22 S., R. 28 E., Mount Diablo Base 

25 and Meridian, in the County of 


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•S 4870 IS

1 Tulare, State of California, according 

2 to the official plat thereof, excepting 

3 therefrom the south 1200 feet thereof. 

4 (III) The south 1200 feet of the 

NW1 5 ⁄4 of sec. 13 in T. 22 S., R. 28 

6 E., Mount Diablo Base and Meridian, 

7 in the County of Tulare, State of Cali8 fornia, according to the official plat 

9 thereof. 

10 (iv) Approximately 157.22 acres of 

11 land situated in the unincorporated area of 

12 the County of Tulare, State of California, 

13 known as the Trailor property, and more 

14 particularly described as follows: The 

SW1 15 ⁄4 of sec. 11 in T. 22 S., R. 28 E., 

16 Mount Diablo Base and Meridian, in the 

17 unincorporated area of the County of 

18 Tulare, State of California, according to 

19 the official plat thereof. 

20 (v) Approximately 89.45 acres of land 

21 known as the Tomato Patch in that portion of the SE1 22 ⁄4 of sec. 11 in T. 22 S., R. 

23 28 E., Mount Diablo Base and Meridian, 

24 in the County of Tulare, State of Cali25 fornia, according to the Official Plat of the 


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•S 4870 IS

1 survey of such land on file in the Bureau 

2 of Land Management at the date of the 

3 issuance of the patent thereof, and more 

4 particularly described as follows: Beginning 

5 at the southeast corner of T. 22 S., R. 28 

6 E., sec. 11, thence north and along the 

7 east line of such sec. 11, 1342 feet, thence 

8 south 83° 44’ west 258 feet, thence north 

9 84° 30’ west 456 feet, thence north 65° 

10 28’ west 800 feet, thence north 68° 44’ 

11 west 295 feet, thence south 71° 40’ west 

12 700 feet, thence south 56° 41’ west 240 

feet to the west line of the SE1 13 ⁄4 of such 

14 sec. 11, thence south 0° 21’ west along 

such west line of the SE1 15 ⁄4 of sec. 11, 

16 thence west 1427 feet to the southwest 

corner of such SE1 17 ⁄4 of sec. 11, thence 

18 south 89° 34’ east 2657.0 feet to the point 

19 of beginning, excepting therefrom— 

20 (I) a strip of land 25 feet in 

21 width along the northerly and east 

22 sides and used as a County Road; and 

23 (II) an undivided one-half inter24 est in all oil, gas, and minerals in and 

25 under such lands, as reserved in the 


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•S 4870 IS

1 Deed from Bank of America, a cor2 poration, dated August 14, 1935, filed 

3 for record August 28, 1935, Fee Book 

4 11904. 

5 (vi) Approximately 160 acres of land 

known as the Smith Mill in the NW1 6 ⁄4 of 

the NE1⁄4, the N1⁄2 of the NW1 7 ⁄4, and the 

SE1⁄4 of the NW1 8 ⁄4 of sec. 20 in T. 21 S., 

9 R. 31 E., Mount Diablo Base and Merid10 ian, in the County of Tulare, State of Cali11 fornia, according to the official plat there12 of. 

13 (vii) Approximately 35 acres of land 

14 located within the exterior boundaries of 

15 the Tule River Reservation known as the 

16 Highway 190 parcel, with the legal de17 scription as follows: That portion of T. 21 

18 S., R. 29 E., sec. 19, Mount Diablo Base 

19 and Meridian, in the County of Tulare, 

20 Sate of California, according to the official 

21 plat thereof, and more particularly de22 scribed as follows: Commencing at a point 

in the south line of the N1⁄2 of the S1 23 ⁄2 of 

24 such sec. 19, such point being south 89° 

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•S 4870 IS

west corner of such N1 1 ⁄2, thence north 52° 

2 41’ 17’’ east, 1602.80 feet to the true 

3 point of beginning of the parcel to be de4 scribed, thence north 32° 02’ 00’’ west, 

5 1619.53 feet to a point in the southeast6 erly line of State Highway 190 per deeds 

7 recorded May 5, 1958, in Book 2053, 

8 pages 608 and 613, Tulare County Official 

9 Records, thence north 57° 58’ 00’’ east, 

10 232.29 feet, thence north 66° 33’ 24’’ east, 

11 667.51 fee, thence departing the southeast12 erly line of such Highway 190, south 44° 

13 53’ 27’’ east, 913.62 feet, thence south 85° 

14 53’ 27’’ east, 794.53 feet, thence south 52° 

15 41’ 17’’ west, 1744.64 feet to the true 

16 point of beginning. 

17 (viii) Approximately 61.91 acres of 

18 land located within the exterior boundaries 

19 of the Tule River Reservation known as 

20 the Shan King property, with the legal de21 scription as follows: 

22 (I) Parcel 1: Parcel No. 1 of par23 cel map no. 4028 in the County of 

24 Tulare, State of California, as per the 


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•S 4870 IS

1 map recorded in Book 41, page 32 of 

2 Tulare County Records. 

3 (II)(aa) Parcel 2: That portion of 

4 T. 21 S., R. 29 E., sec. 19, Mount 

5 Diablo Base and Meridian, in the 

6 County of Tulare, State of California, 

7 described as follows: Commencing at a 

point in the south line of the N1 8 ⁄2 of 

the S1 9 ⁄2 of such sec. 19, such point 

10 being south 89° 54’ 58’’ east, 1500.00 

11 feet of the southwest corner of such 

N1 12 ⁄2, thence north 52° 41’ 06’’ east, 

13 1602.80 feet to the southwesterly cor14 ner of the 40.00 acre parcel shown on 

15 the Record of Survey recorded in 

16 Book 18, page 17, of Licensed Sur17 veys, Tulare County Records, thence, 

18 north 32° 01’ 28’’ west, 542.04 feet 

19 along the southwesterly line of such 

20 40.00 acre parcel to the true point of 

21 beginning of the parcel to be de22 scribed, thence, continuing north 32° 

23 01’ 28’’ west, 1075.50 feet to the 

24 northwesterly corner of such 40.00 

25 acre parcel, thence north 57° 58’ 50’’ 


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•S 4870 IS

1 east, 232.31 feet along the southeast2 erly line of State Highway 190, 

3 thence north 66° 34’ 12’’ east, 6.85 

4 feet, thence, departing the southeast5 erly line of State Highway 190 south 

6 29° 27’ 29’’ east, 884.73 feet, thence 

7 south 02° 59’ 33’’ east, 218.00 feet, 

8 thence south 57° 58’ 31’’ west, 93.67 

9 feet to the true point of beginning. 

10 (bb) The property described in 

11 item (aa) is subject to a 100 foot min12 imum building setback from the right13 of-way of Highway 190. 

14 (III) Parcel 3: That portion of T. 

15 21 S., R. 29 E., sec. 19, Mount Dia16 blo Base and Meridian, County of 

17 Tulare, State of California, described 

18 as follows: Beginning at a point in the 

south line of the N1⁄2 of the S1 19 ⁄2 of 

20 such sec. 19, such point being south 

21 89° 54’ 47’’ east, 1500.00 feet of the 

southwest corner of such N1 22 ⁄2, thence 

23 north 7° 49’ 19’’ east, 1205.00 feet, 

24 thence north 40° 00’ 00’’ west, 

25 850.00 feet to a point in the southVerDate Sep 11 2014 21:58 Sep 20, 2022 Jkt 029200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S4870.IS S4870

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•S 4870 IS

1 easterly line of State Highway 190, 

2 per deeds recorded May 5, 1958, in 

3 Book 2053, pages 608 and 613, 

4 Tulare County Official Records, 

5 thence, north 57° 58’ 00’’ east, 

6 941.46 feet, along the southeasterly 

7 line of such Highway 190, thence de8 parting the southeasterly line of such 

9 Highway 190, south 32° 02’ 00’’ east, 

10 1619.53 feet, thence south 52° 41’ 

11 17’’ west, 1602.80 feet to the point of 

12 beginning, together with a three-quarters (3 13 ⁄4) interest in a water system, 

14 as set forth in that certain water sys15 tem and maintenance agreement re16 corded April 15, 2005, as document 

17 no. 2005–0039177. 

18 (ix) Approximately 18.44 acres of 

19 land located within the exterior boundaries 

20 of the Tule River Reservation known as 

21 the Parking Lot 4 parcel with the legal de22 scription as follows: That portion of the 

23 land described in that Grant Deed to Tule 

24 River Indian Tribe, recorded June 1, 2010, 

25 as document number 2010–0032879, 


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•S 4870 IS

1 Tulare County Official Records, lying with2 in the following described parcel: beginning 

at a point on the east line of the NW1 3 ⁄4 of 

4 sec. 3 in T. 22 S., R. 28 E., Mount Diablo 

5 Meridian, lying south 0° 49’ 43’’ west, 

1670.53 feet from the N1 6 ⁄4 corner of such 

7 sec. 3, thence (1) south 89° 10’ 17’’ east, 

8 46.50 feet; thence (2) north 0° 49’ 43’’ 

9 east, 84.08 feet; thence (3) north 33° 00’ 

10 00’’ west, 76.67 feet to the south line of 

11 State Route 190 as described in that 

12 Grant Deed to the State of California, re13 corded February 14, 1958, in Volume 

14 2038, page 562, Tulare County Official 

15 Records; thence (4) north 0° 22’ 28’’ east, 

73.59 feet to the north line of the SE1 16 ⁄4 of 

the NW1 17 ⁄4 of such sec. 3; thence (5) south 

18 89° 37’ 32’’ east, along such north line, 

19 89.77 feet to the center-north sixteenth 

20 corner of such sec. 3; thence (6) south 0° 

21 49’ 43’’ west, along such east line of the 

NW1 22 ⁄4 of such sec. 3, a distance of 222.06 

23 feet to the point of beginning. Containing 

24 0.08 acres, more or less, in addition to 

25 that portion lying within Road 284. ToVerDate Sep 11 2014 02:37 Sep 21, 2022 Jkt 029200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S4870.IS S4870

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•S 4870 IS

1 gether with the underlying fee interest, if 

2 any, contiguous to the above-described 

3 property in and to Road 284. This convey4 ance is made for the purpose of a freeway 

5 and the grantor hereby releases and relin6 quishes to the grantee any and all 

7 abutter’s rights including access rights, ap8 purtenant to grantor’s remaining property, 

9 in and to such freeway. Reserving however, 

10 unto grantor, grantor’s successors or as11 signs, the right of access to the freeway 

12 over and across Courses (1) and (2) herein 

13 above described. The bearings and dis14 tances used in this description are on the 

15 California Coordinate System of 1983, 

16 Zone 4. Divide distances by 0.999971 to 

17 convert to ground distances. 

18 (b) TERMS AND CONDITIONS.— 

19 (1) EXISTING AUTHORIZATIONS.—Any Federal 

20 land transferred under this section shall be conveyed 

21 and taken into trust subject to valid existing rights, 

22 contracts, leases, permits, and rights-of-way, unless 

23 the holder of the right, contract, lease, permit, or 

24 right-of-way requests an earlier termination in ac25 cordance with existing law. The Bureau of Indian 


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•S 4870 IS

1 Affairs shall assume all benefits and obligations of 

2 the previous land management agency under such 

3 existing rights, contracts, leases, permits, or rights4 of-way, and shall disburse to the Tribe any amounts 

5 that accrue to the United States from such rights, 

6 contracts, leases, permits, or rights-of-ways after the 

7 date of transfer from any sale, bonus, royalty, or 

8 rental relating to that land in the same manner as 

9 amounts received from other land held by the Sec10 retary in trust for the Tribe. 

11 (2) IMPROVEMENTS.—Any improvements con12 stituting personal property, as defined by State law, 

13 belonging to the holder of a right, contract, lease, 

14 permit, or right-of-way on lands transferred under 

15 this section shall remain the property of the holder 

16 and shall be removed not later than 90 days after 

17 the date on which the right, contract, lease, permit, 

18 or right-of-way expires, unless the Tribe and the 

19 holder agree otherwise. Any such property remaining 

20 beyond the 90-day period shall become the property 

21 of the Tribe and shall be subject to removal and dis22 position at the Tribe’s discretion. The holder shall 

23 be liable for the costs the Tribe incurs in removing 

24 and disposing of the property. 

25 (c) WITHDRAWAL OF FEDERAL LANDS.— 


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•S 4870 IS

1 (1) IN GENERAL.—Subject to valid existing 

2 rights, effective on the date of enactment of this Act, 

3 all Federal lands within the parcels described in sub4 section (a)(2) are withdrawn from all forms of— 

5 (A) entry, appropriation, or disposal under 

6 the public land laws; 

7 (B) location, entry, and patent under the 

8 mining laws; and 

9 (C) disposition under all laws pertaining to 

10 mineral and geothermal leasing or mineral ma11 terials. 

12 (2) EXPIRATION.—The withdrawals pursuant to 

13 paragraph (1) shall terminate on the date that the 

14 Secretary takes the lands into trust for the benefit 

15 of the Tribe pursuant to subsection (a)(1). 

16 (d) TECHNICAL CORRECTIONS.—Notwithstanding 

17 the descriptions of the parcels of land in subsection (a)(2), 

18 the United States may, with the consent of the Tribe, 

19 make technical corrections to the legal land descriptions 

20 to more specifically identify the parcels to be exchanged. 

21 (e) SURVEY.— 

22 (1) Unless the United States or the Tribe re23 quests an additional survey for the transferred land 

24 or a technical correction is made under subsection 


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•S 4870 IS

1 (d), the description of land under this section shall 

2 be controlling. 

3 (2) If the United States or the Tribe requests 

4 an additional survey, that survey shall control the 

5 total acreage to be transferred into trust under this 

6 section. 

7 (3) The Secretary or the Secretary of Agri8 culture shall provide such assistance as may be ap9 propriate— 

10 (A) to conduct additional surveys of the 

11 transferred land; and 

12 (B) to satisfy administrative requirements 

13 necessary to accomplish the land transfers 

14 under this section. 

15 (f) DATE OF TRANSFER.—The Secretary shall issue 

16 trust deeds for all land transfers under this section by not 

17 later than 10 years after the Enforceability Date. 

18 (g) RESTRICTION ON GAMING.—Lands taken into 

19 trust pursuant to this section shall not be considered to 

20 have been taken into trust for, nor eligible for, class II 

21 gaming or class III gaming (as those terms are defined 

22 in section 4 of the Indian Gaming Regulatory Act (25 

23 U.S.C. 2703)). 

24 (h) STATUS OF WATER RIGHTS ON TRANSFERRED

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•S 4870 IS

1 ferred pursuant to subparagraphs (A) through (C) of sub2 section (a)(2) shall be held in trust for the Tribe but shall 

3 not be included in the Tribal Water Right. 

4 SEC. 9. SATISFACTION OF CLAIMS. 

5 The benefits provided under this Act shall be in com6 plete replacement of, complete substitution for, and full 

7 satisfaction of any claim of the Tribe against the United 

8 States that is waived and released by the Tribe under sec9 tion 10(a). 

10 SEC. 10. WAIVERS AND RELEASES OF CLAIMS. 

11 (a) IN GENERAL.— 

12 (1) WAIVERS AND RELEASES OF CLAIMS BY

13 THE TRIBE AND THE UNITED STATES AS TRUSTEE

14 FOR THE TRIBE.—Subject to the reservation of 

15 rights and retention of claims set forth in subsection 

16 (c), as consideration for recognition of the Tribe’s 

17 Tribal Water Right and other benefits described in 

18 the 2007 Agreement and this Act, the Tribe and the 

19 United States, acting as trustee for the Tribe, shall 

20 execute a waiver and release of all claims for the fol21 lowing: 

22 (A) All claims for water rights within the 

23 State of California based on any and all legal 

24 theories that the Tribe or the United States 

25 acting as trustee for the Tribe, asserted or 


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•S 4870 IS

1 could have asserted in any proceeding, including 

2 a general stream adjudication, on or before the 

3 Enforceability Date, except to the extent that 

4 such rights are recognized in the 2007 Agree5 ment and this Act. 

6 (B) All claims for damages, losses, or inju7 ries to water rights or claims of interference 

8 with, diversion, or taking of water rights (in9 cluding claims for injury to lands resulting from 

10 such damages, losses, injuries, interference 

11 with, diversion, or taking of water rights) with12 in California against the State, or any person, 

13 entity, corporation, or municipality, that ac14 crued at any time up to and including the En15 forceability Date. 

16 (2) WAIVER AND RELEASE OF CLAIMS BY THE

17 TRIBE AGAINST THE UNITED STATES.—Subject to 

18 the reservation of rights and retention of claims 

19 under subsection (c), the Tribe shall execute a waiv20 er and release of all claims against the United 

21 States (including any agency or employee of the 

22 United States) for water rights within the State of 

23 California first arising before the Enforceability 

24 Date relating to— 


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•S 4870 IS

1 (A) water rights within the State of Cali2 fornia that the United States, acting as trustee 

3 for the Tribe, asserted or could have asserted in 

4 any proceeding, including a general stream ad5 judication, except to the extent that such rights 

6 are recognized as part of the Tribal Water 

7 Right under this Act; 

8 (B) foregone benefits from nontribal use of 

9 water, on and off the Reservation (including 

10 water from all sources and for all uses); 

11 (C) damage, loss, or injury to water, water 

12 rights, land, or natural resources due to loss of 

13 water or water rights (including damages, 

14 losses, or injuries to hunting, fishing, gathering, 

15 or cultural rights, due to loss of water or water 

16 rights, claims relating to interference with, di17 version, or taking of water, or claims relating to 

18 a failure to protect, acquire, replace, or develop 

19 water, water rights, or water infrastructure) 

20 within the State of California; 

21 (D) a failure to establish or provide a mu22 nicipal rural or industrial water delivery system 

23 on the Reservation; 

24 (E) damage, loss, or injury to water, water 

25 rights, land, or natural resources due to conVerDate Sep 11 2014 21:58 Sep 20, 2022 Jkt 029200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S4870.IS S4870

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•S 4870 IS

1 struction, operation, and management of irriga2 tion projects on the Reservation and other Fed3 eral land and facilities (including damages, 

4 losses, or injuries to fish habitat, wildlife, and 

5 wildlife habitat); 

6 (F) failure to provide for operation, main7 tenance, or deferred maintenance for any irriga8 tion system or irrigation project; 

9 (G) failure to provide a dam safety im10 provement to a dam on the Reservation; 

11 (H) the litigation of claims relating to any 

12 water rights of the Tribe within the State of 

13 California; 

14 (I) the negotiation, execution, or adoption 

15 of the 2007 Agreement (including exhibits A– 

16 F) and this Act; 

17 (J) the negotiation, execution, or adoption 

18 of operational rules referred to in Article 3.4 of 

19 the 2007 Agreement in connection with any res20 ervoir locations, including any claims related to 

21 the resolution of operational rules pursuant to 

22 the dispute resolution processes set forth in the 

23 Article 8 of the 2007 Agreement, including 

24 claims arising after the Enforceability Date; 

25 and 


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•S 4870 IS

1 (K) claims related to the creation or reduc2 tion of the Reservation, including any claims re3 lating to the failure to ratify any treaties and 

4 any claims that any particular lands were in5 tended to be set aside as a permanent homeland 

6 for the Tribe but were not included as part of 

7 the present Reservation. 

8 (b) EFFECTIVENESS.—The waivers and releases 

9 under subsection (a) shall take effect on the Enforceability 

10 Date. 

11 (c) RESERVATION OF RIGHTS AND RETENTION OF

12 CLAIMS.—Notwithstanding the waivers and releases under 

13 subsection (a), the Tribe and the United States, acting 

14 as trustee for the Tribe, shall retain— 

15 (1) all claims relating to the enforcement of, or 

16 claims accruing after the Enforceability Date relat17 ing to water rights recognized under the 2007 

18 Agreement, any final court decree entered in the 

19 Federal District Court for the Eastern District of 

20 California, or this Act; 

21 (2) all claims relating to the right to use and 

22 protect water rights acquired after the date of enact23 ment of this Act; 

24 (3) claims regarding the quality of water 

25 under— 


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•S 4870 IS

1 (A) the Comprehensive Environmental Re2 sponse, Compensation, and Liability Act of 

3 1980 (42 U.S.C. 9601 et seq.), including claims 

4 for damages to natural resources; 

5 (B) the Safe Drinking Water Act (42 

6 U.S.C. 300f et seq.); 

7 (C) the Federal Water Pollution Control 

8 Act (33 U.S.C. 1251 et seq.) (commonly re9 ferred to as the ‘‘Clean Water Act’’); and 

10 (D) any regulations implementing the Acts 

11 described in subparagraphs (A) through (C); 

12 (4) all claims for damage, loss, or injury to land 

13 or natural resources that are not due to loss of 

14 water or water rights, including hunting, fishing, 

15 gathering, or cultural rights; and 

16 (5) all rights, remedies, privileges, immunities, 

17 and powers not specifically waived and released pur18 suant to this Act or the 2007 Agreement. 

19 (d) EFFECT OF 2007 AGREEMENT AND ACT.—Noth20 ing in the 2007 Agreement or this Act— 

21 (1) affects the authority of the Tribe to enforce 

22 the laws of the Tribe, including with respect to envi23 ronmental protections or reduces or extends the sov24 ereignty (including civil and criminal jurisdiction) of 

25 any government entity; 


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•S 4870 IS

1 (2) affects the ability of the United States, act2 ing as sovereign, to carry out any activity authorized 

3 by law, including— 

4 (A) the Comprehensive Environmental Re5 sponse, Compensation, and Liability Act of 

6 1980 (42 U.S.C. 9601 et seq.); 

7 (B) the Safe Drinking Water Act (42 

8 U.S.C. 300f et seq.); 

9 (C) the Federal Water Pollution Control 

10 Act (33 U.S.C. 1251 et seq.); 

11 (D) the Solid Waste Disposal Act (42 

12 U.S.C. 6901 et seq.); and 

13 (E) any regulations implementing the Acts 

14 described in subparagraphs (A) through (D); 

15 (3) affects the ability of the United States to 

16 act as trustee for any other Indian Tribe or an 

17 allotee of any other Indian Tribe; 

18 (4) confers jurisdiction on any State court— 

19 (A) to interpret Federal law relating to 

20 health, safety, or the environment; 

21 (B) to determine the duties of the United 

22 States or any other party under Federal law re23 garding health, safety, or the environment; 

24 (C) to conduct judicial review of any Fed25 eral agency action; or 


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•S 4870 IS

1 (D) to interpret Tribal law; or 

2 (5) waives any claim of a member of the Tribe 

3 in an individual capacity that does not derive from 

4 a right of the Tribe. 

5 (e) TOLLING OF CLAIMS.— 

6 (1) IN GENERAL.—Each applicable period of 

7 limitation and time-based equitable defense relating 

8 to a claim described in this section shall be tolled for 

9 the period beginning on the date of enactment of 

10 this Act and ending on the Enforceability Date. 

11 (2) EFFECT OF SUBSECTION.—Nothing in this 

12 subsection revives any claim or tolls any period of 

13 limitation or time-based equitable defense that ex14 pired before the date of enactment of this Act. 

15 (3) LIMITATION.—Nothing in this section pre16 cludes the tolling of any period of limitations or any 

17 time-based equitable defense under any other appli18 cable law. 

19 (f) EXPIRATION.— 

20 (1) IN GENERAL.—This Act shall expire in any 

21 case in which the Secretary fails to publish a state22 ment of findings under section 11 by not later 

23 than— 

24 (A) 8 years from the date of enactment of 

25 this Act; or 


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•S 4870 IS

1 (B) such alternative later date as is agreed 

2 to by the Tribe and the Secretary, after pro3 viding reasonable notice to the State of Cali4 fornia. 

5 (2) CONSEQUENCES.—If this Act expires under 

6 paragraph (1)— 

7 (A) the waivers and releases under sub8 section (a) shall— 

9 (i) expire; and 

10 (ii) have no further force or effect; 

11 (B) the authorization, ratification, con12 firmation, and execution of the 2007 Agreement 

13 under section 4 shall no longer be effective; 

14 (C) any action carried out by the Sec15 retary, and any contract or agreement entered 

16 into pursuant to this Act, shall be void; 

17 (D) any unexpended Federal funds appro18 priated or made available to carry out the ac19 tivities authorized by this Act, together with 

20 any interest earned on those funds, and any 

21 water rights or contracts to use water and title 

22 to other property acquired or constructed with 

23 Federal funds appropriated or made available 

24 to carry out the activities authorized by this Act 

25 shall be returned to the Federal Government, 


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•S 4870 IS

1 unless otherwise agreed to by the Tribe and the 

2 United States and approved by Congress; and 

3 (E) except for Federal funds used to ac4 quire or construct property that is returned to 

5 the Federal Government under subparagraph 

6 (D), the United States shall be entitled to offset 

7 any Federal funds made available to carry out 

8 this Act that were expended or withdrawn, or 

9 any funds made available to carry out this Act 

10 from other Federal authorized sources, together 

11 with any interest accrued on those funds, 

12 against any claims against the United States— 

13 (i) relating to— 

14 (I) water rights in the State of 

15 California asserted by— 

16 (aa) the Tribe; or 

17 (bb) any user of the Tribal 

18 Water Right; or 

19 (II) any other matter covered by 

20 subsection (a)(2); or 

21 (ii) in any future settlement of water 

22 rights of the Tribe. 


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1 SEC. 11. ENFORCEABILITY DATE. 

2 The Enforceability Date shall be the date on which 

3 the Secretary publishes in the Federal Register a state4 ment of findings that— 

5 (1) to the extent that the 2007 Agreement con6 flicts with the Act, the 2007 Agreement has been 

7 amended to conform with this Act; 

8 (2) the 2007 Agreement, so revised, includes 

9 waivers and releases of claims set forth in section 10 

10 and has been executed by the parties, including the 

11 United States; 

12 (3) a final judgment and decree approving the 

13 2007 Agreement and binding all parties to the ac14 tion has been entered by the Court, and all appeals 

15 have been exhausted; 

16 (4) all of the amounts authorized to be appro17 priated under section 7(a) have been appropriated 

18 and deposited in the designated accounts; and 

19 (5) the waivers and releases under section 10(a) 

20 have been executed by the Tribe and the Secretary. 

21 SEC. 12. BINDING EFFECT; JUDICIAL APPROVAL; ENFORCE22 ABILITY. 

23 (a) IN GENERAL.—Not later than 180 days after the 

24 Secretary has executed the 2007 Agreement, the Attorney 

25 General of the United States shall file suit in the Court 

26 requesting the entry of a final judgement and decree apVerDate Sep 11 2014 21:58 Sep 20, 2022 Jkt 029200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S4870.IS S4870

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1 proving the Tribal Water Right and the 2007 Agreement. 

2 The Tribe and the Downstream Water Users shall be 

3 named as parties to the suit. 

4 (b) JUDICIAL APPROVAL.—The Court shall have ex5 clusive jurisdiction to review and determine whether to ap6 prove the 2007 Agreement, and over any cause of action 

7 initiated by any party to the 2007 Agreement arising from 

8 a dispute over the interpretation of the Agreement or this 

9 legislation, and any cause of action initiated by any party 

10 to the 2007 Agreement for the enforcement of Agreement. 

11 (c) OPERATION RULES.—The Court shall have juris12 diction over any cause of action initiated by any party to 

13 the 2007 Agreement arising from the failure of the parties 

14 to reach agreement on operation rules for any reservoir 

15 and shall establish a procedure under which a mediator 

16 is appointed by the Court to assist the parties in resolving 

17 issues regarding operation rules for any reservoir. If the 

18 Court appointed mediation does not, after a reasonable 

19 amount of time as determined by the Court, result in an 

20 agreed set of reservoir operation rules, the Court shall de21 termine which set of reservoir operation rules shall govern 

22 operation of the reservoir by determining which of the 

23 proffered set of operation rules, if implemented, would be 

24 the most effective by meeting the criteria set forth in sec25 tion 8.2.B(3)(a) of the 2007 Agreement. Once the Court 


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1 selects operation rules pursuant to the standard set forth 

2 above, such rules shall thereafter control and shall be im3 plemented by the parties pursuant to the terms directed 

4 by the Court. 

5 SEC. 13. MISCELLANEOUS PROVISIONS. 

6 (a) WAIVER OF SOVEREIGN IMMUNITY BY THE

7 UNITED STATES.—Nothing in this Act waives the sov8 ereign immunity of the United States. 

9 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

10 Nothing in this Act quantifies or diminishes any land or 

11 water right, or any claim or entitlement to land or water, 

12 of an Indian Tribe, band, or community other than the 

13 Tribe. 

14 (c) EFFECT ON CURRENT LAW.—Nothing in this Act 

15 affects any provision of law (including regulations) in ef16 fect on the day before the date of enactment of this Act 

17 with respect to pre-enforcement review of any Federal en18 vironmental enforcement action. 

19 (d) CONFLICT.—In the event of a conflict between 

20 the 2007 Agreement and this Act, this Act shall control. 

21 SEC. 14. ANTIDEFICIENCY. 

22 The United States shall not be liable for any failure 

23 to carry out any obligation or activity authorized by this 

24 Act, including any obligation or activity under the 2007 


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1 Agreement if adequate appropriations are not provided by 

2 Congress expressly to carry out the purposes of this Act. 

Æ 


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