69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–649 

SOBOBA BAND OF LUISEN ̃ O INDIANS SETTLEMENT ACT 

MAY 15, 2008.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 4841] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 4841) to approve, ratify, and confirm the settlement 

agreement entered into to resolve claims by the Soboba Band of 

Luisen ̃ o Indians relating to alleged interferences with the water resources of the Tribe, to authorize and direct the Secretary of the 

Interior to execute and perform the Settlement Agreement and related waivers, and for other purposes, having considered the same, 

report favorably thereon with an amendment and recommend that 

the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Soboba Band of Luisen ̃ o Indians Settlement Act’’. 

SEC. 2. FINDINGS AND PURPOSES. 

(a) FINDINGS.—The Congress finds the following: 

(1) The Soboba Band of Luisen ̃ o Indians is a federally recognized Indian tribe 

whose Reservation of approximately 6,000 acres, extending east and north from 

the banks of the San Jacinto River in Riverside County, California, was created 

by an Executive Order dated June 19, 1883, and enlarged and modified by subsequent Executive Orders, purchases, and an Act of Congress. 

(2) The Tribe’s water rights have not been quantified, and the Tribe has asserted claims for interferences with the water resources of its Reservation, 

which the Tribe maintains have rendered much of the Tribe’s Reservation useless for habitation, livestock, or Agriculture. On April 20, 2000, the Tribe filed 

a lawsuit against The Metropolitan Water District of Southern California for interference with the Tribe’s water resources and damages to its Reservation allegedly caused by Metropolitan’s construction and operation of the San Jacinto 

Tunnel, which is part of the Colorado River Aqueduct. The lawsuit, styled 


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Soboba Band of Luisen ̃ o Indians v. Metropolitan Water District of Southern 

California, No. 00–04208 GAF (MANx), is pending in the United States District 

Court for the Central District of California. 

(3) The Tribe also has made claims against Eastern Municipal Water District 

and Lake Hemet Municipal Water District, located adjacent to the Reservation, 

seeking to secure its water rights and damages arising from alleged past interference with the Tribe’s water resources. 

(4) After negotiations, which included participation by representatives of the 

Tribe, the United States on behalf of the Tribe, The Metropolitan Water District 

of Southern California, Eastern Municipal Water District, and Lake Hemet Municipal Water District, a Settlement Agreement has been developed to determine the Tribe’s water rights, resolve all of its claims for interference with the 

water resources of, and damages to, its Reservation, provide for the construction 

of water projects to facilitate the exercise of the Tribe’s rights, and resolve the 

lawsuit referenced in paragraph (2) of this section. 

(5) The Settlement Agreement provides that—

(A) Eastern Municipal Water District and Lake Hemet Municipal Water 

District acknowledge and assure the Tribe’s prior and paramount right, superior to all others, to pump 9,000 acre-feet of water annually from the San 

Jacinto River basin in accordance with the limitations and other conditions 

set forth in the Settlement Agreement; 

(B) Eastern Municipal Water District and The Metropolitan Water District of Southern California will contract to supply water to Eastern Municipal Water District and Eastern Municipal Water District will use this 

water to recharge water supplies into the basin; and 

(C) the three water districts will make substantial additional contributions to the settlement, including the conveyance of certain replacement 

lands and economic development funds to the Tribe, to carry out the Settlement Agreement’s provisions. 

(b) PURPOSES.—The purposes of this Act are—

(1) to approve, ratify, and confirm the Settlement Agreement entered into by 

the Tribe and non-Indians entities; 

(2) to achieve a fair, equitable, and final settlement of all claims of the Soboba 

Band of Luisen ̃ o Indians, its members, and the United States on behalf of the 

Tribe and its members, to the water of the San Jacinto River basin; 

(3) to authorize and direct the Secretary of the Interior to execute and perform all obligations of the Secretary under the Settlement Agreement; and 

(4) to authorize the actions and appropriations necessary to meet obligations 

of the United States under the Settlement Agreement and this Act. 

SEC. 3. DEFINITIONS. 

In this Act: 

(1) RESTORATION FUND.—The term ‘‘Restoration Fund’’ means the San Jacinto 

Basin Restoration Fund established by section 6. 

(2) DEVELOPMENT FUND.—The term ‘‘Development Fund’’ means the Soboba 

Band of Luisen ̃ o Indians Water Development Fund established by section 7. 

(3) RESERVATION.—

(A) IN GENERAL.—The term ‘‘Reservation’’ means the Soboba Indian Reservation created by Executive Order dated June 19, 1883, and enlarged and 

modified as of the date of enactment of this Act by Executive Orders and 

an Act of Congress. 

(B) EXCLUSIONS.—For the purposes of this Act, the term ‘‘Reservation’’

does not include—

(i) the 950 acres northwest of and contiguous to the Reservation 

known as the ‘‘Jones Ranch’’, purchased by the Soboba Tribe in fee on 

July 21, 2001, and placed into trust on January 13, 2003; 

(ii) the 535 acres southeast of and contiguous to the Reservation 

known as the ‘‘Horseshoe Grande’’, purchased by the Soboba Tribe in 

fee in seven separate transactions in June and December 2001, December 2004, June 2006, and January 2007; and 

(iii) the 478 acres north of and contiguous to the Reservation known 

as ‘‘The Oaks’’, purchased by the Soboba Tribe in fee on April 4, 2004. 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior or 

a designee of the Secretary. 

(5) SETTLEMENT AGREEMENT.—The term ‘‘Settlement Agreement’’ means that 

agreement dated June 7, 2006, as amended to be consistent with this Act, together with all exhibits thereto. The parties to the Settlement Agreement are 

the Soboba Band of Luisen ̃ o Indians and its members, the United States on behalf of the Tribe and its members, The Metropolitan Water District of Southern 


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California, Eastern Municipal Water District, and Lake Hemet Municipal Water 

District. 

(6) TRIBE, SOBOBA TRIBE, OR SOBOBA BAND OF LUISEN ̃ O INDIANS.—The terms 

‘‘Tribe’’, ‘‘Soboba Tribe’’, or ‘‘Soboba Band of Luisen ̃ o Indians’’ means the body 

politic and federally recognized Indian tribe, and its members. 

(7) WATER MANAGEMENT PLAN.—The term ‘‘Water Management Plan’’ means 

the plan, approved by the Soboba Tribe and the Secretary, developed pursuant 

to section 4.8, paragraph A of the Settlement Agreement to resolve the overdraft of the San Jacinto basin. 

SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT; AUTHORIZATION. 

(a) IN GENERAL.—The United States hereby approves, ratifies, and confirms the 

Settlement Agreement, except to the extent it conflicts with the provisions of this 

Act. 

(b) AUTHORIZATION.—The Secretary is authorized and directed to execute, and 

take such other actions as are necessary to implement, the Settlement Agreement 

and any amendments approved by the parties necessary to make the Settlement 

Agreement consistent with this Act. 

SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

(a) RESTORATION FUND.—There is authorized to be appropriated to the San 

Jacinto Basin Restoration Fund established in section 6 of this Act the amount of 

$5,000,000 for each of fiscal years 2010 and 2011 to pay or reimburse the costs associated with constructing, operating, and maintaining the portion of the basin recharge project that the United States is responsible for under the Settlement Agreement. These costs are described in section 4.5 of the Settlement Agreement and are 

necessary to accommodate deliveries of the supplemental imported water under section 4.4 of the Settlement Agreement. 

(b) DEVELOPMENT FUND.—There is authorized to be appropriated to the Soboba 

Band of Luisen ̃ o Indians Water Development Fund established in section 7 of this 

Act the amount of $5,500,000 for each of fiscal years 2010 and 2011 to pay or reimburse costs associated with constructing, operating, and maintaining water and sewage infrastructure, and other water-related development projects. 

(c) LIMITATION.—No funding of any construction, operation, maintenance, or replacement other than those funds authorized under subsections (a) and (b) shall be 

the responsibility of the Federal Government under the Settlement Agreement or 

this Act. 

SEC. 6. RESTORATION FUND. 

(a) ESTABLISHMENT.—There shall be established within the Treasury of the 

United States a non-interest bearing account to be known as the ‘‘San Jacinto Basin 

Restoration Fund’’, consisting of the amounts authorized to be appropriated in section 5(a) of this Act. 

(b) ADMINISTRATION.—The Restoration Fund shall be administered by the Secretary for the purposes set forth in subsection (d) of this section. 

(c) AVAILABILITY.—The funds authorized to be appropriated pursuant to section 

5(a) of this Act shall be available for expenditure or withdrawal only after the effective date set forth in section 10(a). 

(d) EXPENDITURES AND WITHDRAWALS.—

(1) EXPENDITURE PLAN.—

(A) IN GENERAL.—Eastern Municipal Water District, on behalf of the 

Water Management Plan, shall submit to the Secretary for approval an expenditure plan for use of the Restoration Fund. 

(B) REQUIREMENTS.—The expenditure plan shall require that any funds 

be expended or reimbursed in accordance with the purposes described in 

section 5(a) of this Act. 

(2) WITHDRAWALS.—On approval by the Secretary of the expenditure plan described in this section, Eastern Municipal Water District, on behalf of the Water 

Management Plan, may expend or be reimbursed monies from the Restoration 

Fund as provided in the plan. 

(3) ENFORCEMENT.—The Secretary may take judicial or administrative action 

to enforce the provisions of any expenditure plan to ensure that monies expended or reimbursed from the Restoration Fund under the plan are used in 

accordance with this Act. 

(4) LIABILITY.—If Eastern Municipal Water District, on behalf of the Water 

Management Plan, exercises the right to expend or be reimbursed monies from 

the Restoration Fund, neither the Secretary nor the Secretary of the Treasury 

shall have any liability for the expenditure or reimbursement. 


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(5) ANNUAL REPORT.—Eastern Municipal Water District shall submit to the 

Tribe and the Secretary an annual report that describes all expenditures or reimbursements from the Restoration Fund during the year covered by the report. 

SEC. 7. DEVELOPMENT FUND. 

(a) ESTABLISHMENT.—There shall be established within the Treasury of the 

United States a fund to be known as the ‘‘Soboba Band of Luisen ̃ o Indians Water 

Development Fund’’, to be managed and invested by the Secretary consisting of the 

amounts authorized to be appropriated in section 5(b). 

(b) MANAGEMENT.—The Secretary shall manage the Development Fund, make investments, and make monies available for distribution consistent with the American 

Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.) (referred to in this section as the ‘‘Trust Fund Reform Act’’), this Act, and the Settlement Agreement. 

(c) INVESTMENT.—The Secretary shall invest amounts in the Development Fund 

in accordance with— (1) the Act of April 1, 1880 (21 Stat. 70, ch. 41, 25 U.S.C. 161); 

(2) the first section of the Act of June 24, 1938 (52 Stat. 1037, ch. 648, 25 

U.S.C. 162a); and 

(3) subsection (b) of this section. 

(d) AVAILABILITY.—The funds authorized to be appropriated pursuant to section 

5(b) of this Act shall be available for expenditure or withdrawal only after the effective date set forth in section 10(a). 

(e) EXPENDITURES AND WITHDRAWALS.— (1) TRIBAL MANAGEMENT PLAN.— (A) IN GENERAL.—The Tribe may withdraw all or part of the Development 

Fund on approval by the Secretary of a tribal management plan as described in the Trust Fund Reform Act. 

(B) REQUIREMENTS.—In addition to the requirements under the Trust 

Fund Reform Act, the tribal management plan shall require that any funds 

be expended or reimbursed in accordance with the purposes described in 

section 5(b) of this Act. 

(C) ENFORCEMENT.—The Secretary may take judicial or administrative 

action to enforce the provisions of any tribal management plan to ensure 

that monies withdrawn from the Development Fund under the plan are 

used in accordance with this Act. 

(D) LIABILITY.—If the Tribe exercises the right to withdraw monies from 

the Development Fund, neither the Secretary nor the Secretary of the 

Treasury shall retain any liability for the expenditure or investment. 

(2) EXPENDITURE PLAN.— (A) IN GENERAL.—The Tribe shall submit to the Secretary for approval an 

expenditure plan for any portion of the amounts made available under section 5(b) that the Tribe does not withdraw under this subsection. 

(B) DESCRIPTION.—The expenditure plan shall describe the manner in 

which, and the purposes for which, amounts of the Tribe remaining in the 

Funds will be used. 

(C) APPROVAL.—On receipt of an expenditure plan under subparagraph 

(A), the Secretary shall approve the plan if the Secretary determines that 

the plan is reasonable and consistent with this Act and the Agreement. 

(3) ANNUAL REPORT.—The Tribe shall submit to the Secretary an annual report that describes all expenditures from the Development Fund during the 

year covered by the report. 

(4) NO PER CAPITA DISTRIBUTIONS.—No part of the Development Fund shall 

be distributed on a per capita basis to members of the Tribe. 

SEC. 8. WAIVERS AND RELEASES. 

(a) TRIBE AND UNITED STATES AUTHORIZATION.—The Tribe, on behalf of itself and 

its members, and the Secretary, on behalf of the United States in its capacity as 

trustee for the Tribe and its members, are authorized, as part of the performance 

of their obligations under the Settlement Agreement, to execute a waiver and release for claims under Federal, State, or other law against The Metropolitan Water 

District of Southern California, Eastern Municipal Water District, and Lake Hemet 

Municipal Water District, for any and all—

(1) past, present, and future claims to surface water and groundwater rights 

for the Reservation arising from time immemorial through the effective date described in section 10 of this Act and anytime thereafter, except claims to enforce 

the Settlement Agreement or claims based on water rights acquired after the 

effective date described in section 10 of this Act; 

(2) past, present, and future claims for injury of any kind arising from interference with surface water and groundwater resources and water rights of the 


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Reservation, including, but not limited to, all claims for injury to the Tribe’s use 

and enjoyment of the Reservation, economic development, religion, language, social structure and culture, and injury to the natural resources of the Reservation, from time immemorial through the effective date described in section 10 

of this Act; 

(3) past, present, and future claims for injury of any kind arising from, or in 

any way related to, continuing interference with surface water and groundwater 

resources and water rights of the Reservation, including the full scope of claims 

defined in section 5.1, paragraph A(2) of the Settlement Agreement, to the extent that such continuing interference began prior to the effective date described in section 10 of this Act, from time immemorial through the effective 

date described in section 10 of this Act and anytime thereafter; 

(4) past, present, and future claims for injury of any kind arising from, or in 

any way related to, seepage of water into the San Jacinto Tunnel, including the 

full scope of claims defined in section 5.1, paragraph A(2) of the Settlement 

Agreement, from time immemorial through the effective date described in section 10 of this Act and anytime thereafter; and 

(5) past, present, and future claims for injury of any kind arising from, or in 

any way related to, the Water Management Plan as approved in accordance 

with the Settlement Agreement, from time immemorial through the effective 

date described in section 10 of this Act and anytime thereafter. 

(b) TRIBAL WAIVERS AGAINST THE UNITED STATES.—

(1) IN GENERAL.—The Tribe is authorized, as part of the performance of its 

obligations under the Settlement Agreement, to execute a waiver and release 

for claims against the United States (acting in its capacity as trustee for the 

Tribe or its members, or otherwise acting on behalf of the Tribe or its members), including any agencies, officials, or employees thereof, for any and all—

(A) claims described in subsection (a) of this section; 

(B) past, present, and future claims for failure to acquire or develop water 

rights and water resources of the Reservation arising from time immemorial through the effective date described in section 10 of this Act and anytime thereafter; 

(C) past, present, and future claims for failure to protect water rights and 

water resources of the Reservation arising from time immemorial through 

the effective date described in section 10 of this Act, and any past, present, 

and future claims for any continuing failure to protect water rights and 

water resources of the Reservation, arising from time immemorial through 

the effective date described in section 10 of this Act and, to the extent that 

such continuing failure to protect began before the effective date described 

in section 10 of this Act, anytime thereafter; 

(D) past, present, and future claims arising from the failure of any nonFederal Party to fulfill the terms of the Settlement Agreement at anytime; 

and 

(E) past, present, and future claims arising out of the negotiation of the 

Settlement Agreement or the negotiation and enactment of this Act, or any 

specific terms of provisions thereof, including, but not limited to, the Tribe’s 

consent to limit the number of participant parties to the Settlement Agreement. 

(2) EFFECTIVENESS OF WAIVERS AGAINST THE UNITED STATES.—

(A) IN GENERAL.—The waiver and release contained in this subsection 

shall take effect on the date on which all of the amounts authorized under 

sections 5(a) and 5(b) are appropriated. 

(B) PERIODS OF LIMITATION; EQUITABLE CLAIMS.—

(i) IN GENERAL.—All periods of limitation and time-based equitable 

defenses applicable to the claims set forth in paragraph (1) are tolled 

for the period between the date of enactment of this Act until the date 

on which the amounts authorized under sections 5(a) and 5(b) are appropriated. 

(ii) EFFECT OF SUBPARAGRAPH.—This subparagraph neither revives 

any claim nor tolls any period of limitation or time-based equitable defense that may have expired before the date of enactment of this Act. 

(C) DEFENSE.—The making of the amounts of appropriations authorized 

under sections 5(a) and 5(b) shall constitute a complete defense to any 

claim which involves the claims set forth in paragraph (b)(1) pending in any 

court of the United States on the date on which the appropriations are 

made. 

SEC. 9. MISCELLANEOUS PROVISIONS. 

(a) JURISDICTION.—


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(1) NO EFFECT ON SUBJECT MATTER JURISDICTION.—Nothing in the Agreement 

or this Act restricts, enlarges, or otherwise determines the subject matter jurisdiction of any Federal, State, or Tribal court. 

(2) JUDGMENT AND DECREE.—The United States consents to jurisdiction in the 

United States District Court for the Central District of California case known 

as Soboba Band of Luisen ̃ o Indians v. Metropolitan Water District of Southern 

California, No. 00–04208 for the purpose of obtaining approval for a judgment 

and decree substantially the same as the judgment and decree attached to the 

Settlement Agreement as exhibit H. 

(3) EFFECT OF SUBSECTION.—Nothing in this subsection confers jurisdiction on 

any State court to—

(A) enforce Federal environmental laws regarding the duties of the 

United States; or 

(B) conduct judicial review of Federal agency action. 

(b) USE OF WATER.—

(1) TRIBAL USE.—With respect to water rights made available under the Settlement Agreement—

(A) the Tribe may use water made available to it under the Settlement 

Agreement for any use it deems advisable on the Reservation and on any 

other lands it owns or may acquire, in fee or in trust, contiguous to the Reservation or within the area of the groundwater basin described in section 

2.4 of the Settlement Agreement; 

(B) such water rights shall be held in trust by the United States in perpetuity, and shall not be subject to forfeiture or abandonment; and 

(C) State law shall not apply to the Tribe’s use of water made available 

to it under the Settlement Agreement. 

(2) NON-TRIBAL USE.—

(A) CONTRACTS AND OPTIONS.—Subject to the limitations in subparagraph 

(B), the Tribe may enter into contracts and options to lease or contracts and 

options to exchange water made available to it under the Settlement Agreement, or enter into contracts and options to postpone existing water uses 

or postpone undertaking new or expanded water uses. 

(B) LIMITATIONS ON NON-TRIBAL USE.—

(i) CONSISTENCY WITH WATER MANAGEMENT PLAN.—Any water made 

available under subparagraph (A) shall only be used by participants in, 

or other users within the area of, the Water Management Plan described in section 2.32 of the Settlement Agreement. 

(ii) PROHIBITION ON PERMANENT ALIENATION.—No contract under subparagraph (A) shall be for a term exceeding one hundred years, nor 

shall any contract under subparagraph (A) provide for permanent alienation of any portion of the water rights made available under the Settlement Agreement. 

(C) LIABILITY.—The Secretary shall not be liable to any party, including 

the Tribe, for any term of, or any loss or other detriment resulting from, 

a lease or contract entered into pursuant to this subparagraph. 

(c) RETENTION OF RIGHTS.—

(1) In the event the waivers and releases set out in section 8 of this Act do 

not become effective pursuant to section 10(a) of this Act, the Soboba Tribe and 

the United States shall retain the right to assert all rights and claims enumerated in section 8, and any claims or defenses of the parties to the Settlement 

Agreement shall also be retained. 

(2) The parties expressly reserve all rights not specifically granted, recognized, waived, or released by the Settlement Agreement or this Act. 

(3) Notwithstanding the waivers and releases set forth in section 8(a), the 

United States retains all claims relating to violations of the Clean Water Act, 

the Safe Drinking Water Act, the Comprehensive Environmental Response, 

Compensation, and Liability Act, Resource Conservation and Recovery Act, and 

the regulations implementing these Acts, including, but not limited to claims related to water quality. 

(d) PRECEDENT.—Nothing in this Act establishes any standard for the quantification or litigation of Federal reserved water rights or any other Indian water claims 

of any other Indian tribes in any other judicial or administrative proceeding. 

(e) OTHER INDIAN TRIBES.—Nothing in the Settlement Agreement or this Act shall 

be construed in any way to quantify or otherwise adversely affect the water rights, 

claims, or entitlements to water of any Indian tribe, band, or community, other than 

the Soboba Tribe. 

(f) ENVIRONMENTAL COMPLIANCE.—


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(1) Signing by the Secretary of the Settlement Agreement does not constitute 

major Federal action under the National Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.). 

(2) The Secretary is directed to carry out all environmental compliance required by Federal law in implementing the Agreement. 

SEC. 10. EFFECTIVE DATE. 

(a) IN GENERAL.—The waivers and releases authorized in subsection (a) of section 

8 of this Act shall become effective as of the date the Secretary causes to be published in the Federal Register a statement of findings that—

(1) this Act has been enacted; 

(2) to the extent that the Settlement Agreement conflicts with this Act, the 

Settlement Agreement has been revised to conform with the Act; 

(3) the Settlement Agreement, revised as necessary, and the waivers and releases described in article 5 of the Settlement Agreement and section 8(a) of 

this Act have been executed by the parties and the Secretary; 

(4) warranty deeds for the property to be conveyed to the Tribe described in 

section 4.6 of the Settlement Agreement have been placed in escrow; 

(5) the Tribe and the Secretary have approved the Water Management Plan; 

and 

(6) the judgment and decree attached to the Settlement Agreement as exhibit 

H or a judgment and decree substantially the same as exhibit H has been approved by the United States District Court, Eastern Division of the Central District of California, and that judgment and decree has become final and nonappealable. 

(b) DEADLINE FOR EFFECTIVE DATE.—If the conditions precedent required under 

subsection (a) of this section have not been fulfilled by March 1, 2012, the Settlement Agreement and this Act shall not thereafter be effective and shall be null and 

void, and any funds and the interest accrued thereon appropriated pursuant to section 5 shall revert to the general fund of the United States Treasury. 

PURPOSE OF THE BILL

The purpose of H.R. 4841 is to approve, ratify, and confirm the 

settlement agreement entered into to resolve claims by the Soboba 

Band of Luiseno Indians relating to alleged interferences with the 

water resources of the Tribe, to authorize and direct the Secretary 

of the Interior to execute and perform the Settlement Agreement 

and related waivers, and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

The Soboba Band of Luiseno Indians (Soboba) is comprised of 

nearly 900 members that live on or near the Soboba Reservation, 

located in the western foothills of San Jacinto Mountains of Southern California about 80 miles east of Los Angeles. The Soboba Reservation was established on June 19, 1883 and encompasses about 

9.2 square miles. The San Jacinto River is the major surface water 

feature on the Reservation. The tribe relied on the river for its agricultural needs until surface water diversions were built upstream 

of the river. The tribe then relied on groundwater as its primary 

source of water. 

In the 1930s, the Metropolitan Water District of Southern California (MWD) dug a 13-mile tunnel through the San Jacinto Mountains, about 31⁄2 miles northwest of the Reservation. The tunnel 

was part of the Colorado River Aqueduct constructed to bring 

drinking water to Southern California. During construction, the 

tunnel pierced underground faults and fractures in the mountains 

that dammed large amounts of groundwater underneath the Reservation. Groundwater flooded into the tunnel drying up springs, 

creeks and wells on the Reservation that were fed by an underground aquifer. 


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Soboba sued the federal government in the Indian Claims Commission for failing to protect the Reservation’s water resources in 

1950 (Soboba Band of Mission Indians v. United States). The federal government settled the lawsuit in 1991 for $12,000,000. Similarly, in 2000 Soboba sued the MWD, Eastern Municipal Water 

District, and Lake Hemet Water District in the United States District Court, alleging that the underground tunnel built by MWD 

drained much of the water supply to the Soboba Reservation. 

In June 2007, the tribe and water districts entered into a settlement to resolve these legal claims. Specifically, the settlement gave 

a final resolution of Soboba’s water rights and claims and guaranteed the tribe 7,500 acre-feet per year of reduced cost water from 

MWD until 2035. In addition, the three water agencies combined 

will pay $17 million to the tribe for access to any of the tribe’s unused water. The tribe, in return, has agreed to limit its water use 

to 4,100 acre-feet of the 9,000 acre-feet quantified allocation for 50 

years. 

COMMITTEE ACTION

H.R. 4841 was introduced on March 3, 2008 by Rep. Mary Bono 

Mack (R–CA). The bill was referred to the Committee on Natural 

Resources, and within the Committee to the Subcommittee on 

Water and Power. On March 13, 2008, the Subcommittee held a 

hearing on the bill. 

On April 23, 2008, the Subcommittee met to mark up the bill. 

Subcommittee Ranking Member Cathy McMorris Rodgers (R–WA) 

offered an en bloc amendment that modified the bill by changing 

the required payment years to FY 2010 and FY 2011, since the FY 

2009 budget cycle is near completion. The amendment also clarifies 

that the Development Fund is a ‘‘non-interest’’ bearing account to 

conform with House PAYGO rules. It was adopted by unanimous 

consent. The bill, as amended, was then forwarded to the Full 

Committee by unanimous consent. 

On April 30, 2008, the Full Natural Resources Committee met to 

consider the bill. Rep. Cathy McMorris Rodgers offered an amendment to change the Development Fund from a ‘‘non-interest’’ account to a ‘‘fund’’ for the purpose of further meeting House PAYGO 

rules. It was adopted by unanimous consent. The bill as amended 

was then ordered favorably reported to the House of Representatives by unanimous consent. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 provides that this act may be cited as the ‘‘Soboba 

Band of Luiseno Indians Act.’’

Section 2. Findings and purposes 

Section 2 states the findings and purposes of H.R. 4841. The 

findings provide historic and legal background for the Soboba Band 

of Luiseno Indians, including the lawsuit against Metropolitan 

Water District and their claims against Eastern and Lake Hemet 

Municipal Water Districts. The findings also outline the negotiation process and settlement conditions, including an acknowledgment from the three water districts that Soboba’s water right is 


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‘‘superior’’ to all others and is quantified at 9,000 acre-feet. The 

purposes section outlines the intent of this legislation, including to 

approve, ratify, confirm and implement the settlement agreement. 

Section 3. Definitions 

Section 3 provides definitions for commonly used terms within 

the act. 

Section 4. Ratification of settlement agreement; authorization 

Section 4 provides that the United States ratifies and confirms 

the June 6, 2006 agreement and authorizes the Secretary of Interior to execute and implement the settlement agreement. 

Section 5. Authorization of appropriations 

Section 5 outlines the total authorized appropriations within this 

act. The San Jacinto Basin Restoration Fund is authorized to be 

appropriated $5,000,000 for fiscal years 2010 and 2011. The Soboba 

Band of Luiseno Indians Water Development Fund is authorized to 

be appropriated $5,500,000 for fiscal years 2010 and 2011. The 

total authorized appropriation for both funds is $21,000,000. 

Section 6. Restoration fund 

Section 6 establishes the Restoration Fund. The San Jacinto 

Basin Restoration Fund will be established within the Treasury of 

the United States and administered by the Secretary of the Interior. Eastern Municipal Water District must submit an expenditure 

plan that must be approved by the Secretary for any payment or 

reimbursement of costs. Eastern Municipal is also required to submit an annual report to the Secretary that describes all costs. 

Funds are available for use after March 1, 2012. 

Section 7. Development fund 

Section 7 establishes the Development Fund. The Soboba Band 

of Luiseno Indians Water Development Fund will be established 

within the Treasury of the United States to be managed and invested by the Secretary of the Interior. The Tribe may withdraw 

all or part of the fund, but must submit a tribal management plan 

that must be approved by the Secretary of the Interior. The Secretary of the Interior and the Secretary of the Treasury are not liable for the way in which monies withdrawn from the fund are 

spent or invested. In addition, the Tribe must submit an expenditure plan that must be approved by the Secretary for any payment 

or reimbursement of costs. The tribe is required to submit an annual report to the Secretary that describes all costs. No part of the 

funds shall be distributed on a per capita basis to tribal members. 

Funds are available for use after March 1, 2012. 

Section 8. Waivers and releases 

Section 8 outlines the tribe’s waiver and release of claims against 

the Metropolitan Water District, the Eastern Municipal Water District, the Lake Hemet Municipal Water District and the United 

States. The waivers release the three districts for any and all past, 

present, and future claims to surface water and groundwater 

rights, injury and interference with surface and groundwater 

rights, continuing interference with surface water and groundwater 


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rights, injury arising from water seepage into the San Jacinto Tunnel, and injury related to the water management plan. The waiver 

releases the United States from any and all past, present, and future claims for failure to acquire and develop reservation water 

rights and resources, for failure to protect reservation water rights 

and resources, failure of any non-federal party to fulfill the terms 

of the settlement agreement at anytime, and for past, present and 

future claims related to the negotiation of the settlement agreement. 

The waiver and release for the United States will take effect 

when the authorized funds are appropriated. 

Section 9. Miscellaneous provisions 

This section outlines miscellaneous provisions regarding jurisdiction, use of water and retention of rights. Section 9 also states that 

nothing in this act establishes a precedent for the federal quantification or litigation of reserved water rights. Language in this 

section also clarifies that nothing in this act quantifies or adversely 

harms other tribes and the Secretary’s signature to the settlement 

agreement does not constitute compliance with the National Environmental Policy Act. 

Section 10. Effective date 

Section 10 lists the necessary criteria for the waivers and releases to be effective. The deadline for the effective date is March 

1, 2012. If implementation does not occur by March 1, 2012, the 

Settlement Agreement and this Act are null and void, and all appropriated funds revert to the general fund of the United States 

Treasury. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that Rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 


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3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to approve, ratify, and confirm the settlement agreement entered into to resolve claims by the Soboba Band of Luiseno 

Indians relating to alleged interferences with the water resources 

of the Tribe, to authorize and direct the Secretary of the Interior 

to execute and perform the Settlement Agreement and related 

waivers. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 4841—Soboba Band of Luiseno Indians Settlement Act 

Summary: H.R. 4841 would approve and ratify a water rights 

settlement agreement among the Soboba Band of Luiseno Indians 

and its members, the United States, and three water districts in 

Riverside County, California, provided that certain conditions are 

met. As part of the agreement, H.R. 4841 would create two funds— the San Jacinto Basin Restoration Fund and the Soboba Band of 

Luiseno Indians Water Development Fund. Under the bill, money 

in those funds could not be spent until the agreement is approved 

by all parties involved and other requirements have been met. 

Based on information from the Department of the Interior (DOI), CBO estimates that implementing H.R. 4841 would cost $21 million over the 2010–2011 period, assuming appropriation of the authorized amounts. Enacting the legislation would have no significant impact on direct spending and would not affect revenues. 

H.R. 4841 would restrict the tribe’s ability to use and lease water 

it receives as part of the settlement agreement, and that restriction 

would be an intergovernmental mandate as defined in the Unfunded Mandates Reform Act (UMRA). CBO estimates that the 

mandate would impose no new costs on the tribe, and therefore, 

the threshold established in UMRA ($68 million in 2008, adjusted 

annually for inflation) would not be exceeded. 

H.R. 4841 contains no private-sector mandate as defined in 

UMRA. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 4841 is shown in the following table. The costs 

of this legislation fall within budget function 450 (community and 

regional development). 

By fiscal year, in millions of dollars— 

2009 2010 2011 2012 2013 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 1

Restoration Fund: 

Authorization Level ............................................................................... 0 5 5 0 0 

Estimated Outlays ................................................................................ 0 5 5 0 0 

Development Fund: 

Authorization Level ............................................................................... 0 6 6 0 0 

Estimated Outlays ................................................................................ 0 0 11 0 0 

Total Changes: 

Estimated Authorization Level .................................................... 0 11 11 0 0 

Estimated Outlays ....................................................................... 0 5 16 0 0 

1 Enacting H.R. 4841 also would increase direct spending by an insignificant amount in 2011, from interest on appropriation balances. 


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Basis of estimate: For this estimate, CBO assumes that H.R. 

4841 will be enacted near the end of 2008 and that the amounts 

authorized will be appropriated each year. In 2006, the Soboba 

Band and three water districts in Riverside County, California, 

signed a settlement agreement to resolve a water rights dispute. 

(The water districts include the Eastern Municipal Water District, 

the Lake Hemet Municipal Water District, and the Metropolitan 

Water District.) The United States would become party to the 

agreement upon enactment of H.R. 4841, provided that the settlement agreement is modified to be consistent with requirements 

specified by the bill and other conditions are met. Based on information from DOI, CBO assumes that, in 2010, the settlement 

agreement will be finalized and all parties will have executed their 

responsibilities under the settlement. 

As part of the settlement agreement, H.R. 4841 would create two 

funds—the San Jacinto Basin Restoration Fund (Restoration Fund) 

and the Soboba Band of Luiseno Indians Water Development Fund 

(Development Fund)—to restore water to the tribe’s reservation 

and to ensure an adequate water supply to the San Jacinto basin 

area in Riverside County. Assuming appropriation of the authorized amounts, CBO estimates that implementing H.R. 4841 would 

cost $21 million over the 2010–2011 period. 

Restoration Fund 

H.R. 4841 would authorize the appropriation of $5 million a year 

over the 2010–2011 period for the Restoration Fund to cover a portion of the costs for the San Jacinto basin recharge project. Under 

the bill, the Eastern Municipal Water District would have the authority to spend monies provided in the Restoration Fund or seek 

reimbursement from the fund for the necessary construction activities, provided that certain conditions are met. Appropriated funds, 

however, could not be spent until the settlement is agreed to by all 

parties and certain conditions are met. Unless all conditions are 

met by March 1, 2012, any funds appropriated to implement H.R. 

4841 would be returned to the Treasury. 

According to DOI, some construction work has begun for the 

basin recharge project, and the Eastern Municipal Water District 

would likely seek reimbursement for its work soon after the settlement is finalized and funds are appropriated. Because all components of the settlement will likely be completed in 2010, CBO estimates that implementing the bill would result in spending of $5 

million in both 2010 and 2011. 

Development Fund 

H.R. 4841 would authorize the appropriation of $5.5 million each 

year over the 2010–2011 period for the Development Fund to benefit the Soboba Tribe. The Secretary of the Interior would be required to invest those amounts in Treasury obligations until those 

funds are expended. Funds would be used to restore, rehabilitate, 

and maintain water and sewage infrastructure and other related 

development projects. Similar to the Restoration Fund, amounts in 

this fund could not be spent by the tribe until the settlement is finalized and certain conditions are met. Unless all conditions of the 

settlement are met by March 1, 2012, any funds appropriated to 

implement H.R. 4841 would be returned to the Treasury. 


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Trust funds that are held and managed in a fiduciary capacity 

by the federal government on behalf of Indian tribes are treated in 

the budget as nonfederal funds. As a result, outlays would be recorded on the budget in the year that all funds are provided to the 

tribe and the settlement agreement is final. Therefore, CBO estimates that this provision would result in discretionary spending of 

$11 million in 2011. Once the settlement is final, subsequent use 

of those funds by the tribe would have no further impact on the 

federal budget. 

Estimated impact on state, local, and tribal governments: H.R. 

4841 would restrict the tribe’s ability to use and lease water it receives as part of the settlement agreement, and that restriction 

would be an intergovernmental mandate as defined in UMRA. Because the tribe has voluntarily agreed to that restriction in the settlement, CBO estimates that the mandate would impose no new 

costs on the tribe, and therefore, the threshold established in 

UMRA would not be exceeded. 

Estimated impact on the private sector: H.R. 4841 contains no 

private-sector mandate as defined in UMRA. 

Estimate prepared by: Federal Costs: Leigh Angres; Impact on 

State, Local, and Tribal Governments: Melissa Merrell; Impact on 

Private Sector: MarDestinee Perez. 

Estimate approved by: Theresa Gullo, Deputy Asistant Director 

for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 4841 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e) 

or 9(f) of rule XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 

Æ 


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