II 

Calendar No. 236 

118TH CONGRESS 

1ST SESSION S. 306 

[Report No. 118–110] 

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 

FEBRUARY 7, 2023 

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

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

NOVEMBER 6, 2023 

Reported by Mr. SCHATZ, without amendment 

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 2023’’. 


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

2 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. 

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. 

3 SEC. 2. PURPOSES. 

4 The purposes of this Act are— 

5 (1) to achieve a fair, equitable, and final settle6 ment of claims to water rights in the State of Cali7 fornia for— 

8 (A) the Tule River Tribe; and 

9 (B) the United States, acting as trustee 

10 for the Tribe; 

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

12 Agreement entered by the Tribe, the South Tule 

13 Independent Ditch Company, and the Tule River As14 sociation, to the extent that the 2007 Agreement is 

15 consistent with this Act; 

16 (3) to authorize and direct the Secretary— 

17 (A) to execute the 2007 Agreement, with 

18 amendments to facilitate implementation and 

19 approval of the 2007 Agreement; and 


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1 (B) to take any other actions necessary to 

2 carry out the 2007 Agreement in accordance 

3 with this Act; 

4 (4) to authorize funds necessary for the imple5 mentation of the 2007 Agreement and this Act; and 

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

7 the Tribe, to be held in trust. 

8 SEC. 3. DEFINITIONS. 

9 (a) IN GENERAL.—In this Act: 

10 (1) 2007 AGREEMENT.—The term ‘‘2007 

11 Agreement’’ means— 

12 (A) the agreement dated November 21, 

13 2007, as amended on April 22, 2009, between 

14 the Tribe, the South Tule Independent Ditch 

15 Company, and the Tule River Association, and 

16 exhibits attached thereto; and 

17 (B) any amendment to the Agreement re18 ferred to in subparagraph (A) (including an 

19 amendment to any exhibit) that is executed in 

20 accordance with section 4(a)(2). 

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

22 United States District Court for the Eastern Dis23 trict of California, unless otherwise specified herein. 

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

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1 ural course or location by means of a ditch, canal, 

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

3 structure or device, or act of a person. 

4 (4) DOWNSTREAM WATER USERS.—The term 

5 ‘‘Downstream Water Users’’ means— 

6 (A) the Tule River Association and its suc7 cessors and assigns; 

8 (B) the South Tule Independent Ditch 

9 Company and its successors and assigns; and 

10 (C) any and all other holders of water 

11 rights in the South Fork Tule River Basin. 

12 (5) ENFORCEABILITY DATE.—The term ‘‘En13 forceability Date’’ means the date described in sec14 tion 11. 

15 (6) OM&R.— 

16 (A) IN GENERAL.—The term ‘‘OM&R’’ 

17 means operation, maintenance, and replace18 ment. 

19 (B) INCLUSIONS.—The term ‘‘OM&R’’ in20 cludes— 

21 (i) any recurring or ongoing activity 

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

23 project; 


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1 (ii) any activity relating to scheduled 

2 or unscheduled maintenance of a project; 

3 and 

4 (iii) any activity relating to repairing 

5 or replacing a feature of a project. 

6 (7) OPERATION RULES.—The term ‘‘Operation 

7 Rules’’ means the rules of operation for the Phase 

8 I Reservoir, as established in accordance with the 

9 2007 Agreement and this Act. 

10 (8) PARTIES.—The term ‘‘Parties’’ means the 

11 signatories to the 2007 Agreement, including the 

12 Secretary. 

13 (9) PHASE I RESERVOIR.—The term ‘‘Phase I 

14 Reservoir’’ means the reservoir described in either 

15 section 3.4.B.(1) or section 3.4.B.(2) of the 2007 

16 Agreement. 

17 (10) RESERVATION; TULE RIVER RESERVA18 TION.—The terms ‘‘Reservation’’ and ‘‘Tule River 

19 Reservation’’ mean the reservation of lands set aside 

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

21 1873, October 3, 1873, and August 3, 1878, includ22 ing lands added to the Reservation pursuant to sec23 tion 8. 

24 (11) SECRETARY.—The term ‘‘Secretary’’ 

25 means the Secretary of the Interior. 


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1 (12) SOUTH TULE INDEPENDENT DITCH COM2 PANY.—The term ‘‘South Tule Independent Ditch 

3 Company’’ means the nonprofit mutual water com4 pany incorporated in 1895 that has claims to owner5 ship of water rights dating back to 1854, which pro6 vides water diverted from the South Fork of the 

7 Tule River to its shareholders on lands downstream 

8 from the Tule River Reservation. 

9 (13) TRIBAL WATER RIGHT.—The term ‘‘Tribal 

10 Water Right’’ means the water rights ratified, con11 firmed, and declared to be valid for the benefit of 

12 the Tribe as set forth and described in the 2007 

13 Agreement and this Act. 

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

15 Tule River Indian Tribe of the Tule River Reserva16 tion, California, a federally recognized Indian Tribe. 

17 (15) TRUST FUND.—The term ‘‘Trust Fund’’ 

18 means the Tule River Indian Tribe Settlement Trust 

19 Fund established under section 6(a). 

20 (16) TULE RIVER ASSOCIATION.— 

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

22 Association’’ means the association formed by 

23 agreement in 1965, the members of which are 

24 representatives of all pre-1914 appropriative 

25 and certain riparian water right holders of the 


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1 Tule River at and below the Richard L. Schafer 

2 Dam and Reservoir. 

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

4 Association’’ includes the Pioneer Water Com5 pany, the Vandalia Irrigation District, the 

6 Porterville Irrigation District, and the Lower 

7 Tule River Irrigation District. 

8 (17) WATER DEVELOPMENT PROJECT.—The 

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

10 for domestic, commercial, municipal, and industrial 

11 water supply, including but not limited to water 

12 treatment, storage, and distribution infrastructure, 

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

14 from the Trust Fund. 

15 (b) DEFINITIONS OF OTHER TERMS.—Any other 

16 term used in this Act but not defined in subsection (a)— 

17 (1) has the meaning given the term in the 2007 

18 Agreement; or 

19 (2) if no definition for the term is provided in 

20 the 2007 Agreement, shall be used in a manner con21 sistent with its use in the 2007 Agreement. 

22 SEC. 4. RATIFICATION OF 2007 AGREEMENT. 

23 (a) RATIFICATION.— 

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

25 Act and to the extent that the 2007 Agreement does 


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1 not conflict with this Act, the 2007 Agreement is au2 thorized, ratified, and confirmed. 

3 (2) AMENDMENTS.— 

4 (A) GENERAL AMENDMENTS.—If an 

5 amendment to the 2007 Agreement, or to any 

6 exhibit attached to the 2007 Agreement requir7 ing the signature of the Secretary, is executed 

8 in accordance with this Act to make the 2007 

9 Agreement consistent with this Act, the amend10 ment is authorized, ratified, and confirmed. 

11 (B) SPECIFIC AMENDMENTS.— 

12 (i) SUBSTITUTE SITES.—If a sub13 stitute site for the Phase I Reservoir is 

14 identified by the Tribe pursuant to section 

15 3.4.B.(2)(a) of the 2007 Agreement, then 

16 amendments related to the Operation 

17 Rules are authorized, ratified, and con18 firmed, to the extent that such Amend19 ments are consistent with the 2007 Agree20 ment and this Act. 

21 (ii) PRIORITY DATE.—Amendments 

22 agreed to by the Parties to establish that 

23 the priority date for the Tribal Water 

24 Right is no later than January 9, 1873, is 

25 authorized, ratified, and confirmed. 


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1 (iii) SENIOR WATER RIGHTS.— 

2 Amendments agreed to by the Parties to 

3 accommodate senior water rights of those 

4 Downstream Water Users described in sec5 tion 3(a)(4)(C) are authorized, ratified, 

6 and confirmed, to the extent that the 

7 Court finds any such Downstream Water 

8 Users possess senior water rights that can 

9 be accommodated only by amendment of 

10 the 2007 Agreement. 

11 (iv) OTHER AMENDMENTS.—Other 

12 amendments agreed to by the Parties to 

13 facilitate implementation and approval of 

14 the 2007 Agreement are authorized, rati15 fied, and confirmed, to the extent that 

16 such amendments are otherwise consistent 

17 with this Act and with other applicable 

18 law. 

19 (b) EXECUTION.— 

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

21 Agreement does not conflict with this Act, the Sec22 retary shall execute the 2007 Agreement, in accord23 ance with paragraph (2), including all exhibits to, or 

24 parts of, the 2007 Agreement requiring the signa25 ture of the Secretary. 


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1 (2) TIMING.—The Secretary shall not execute 

2 the 2007 Agreement until— 

3 (A) the Parties agree on amendments re4 lated to the priority date for the Tribal Water 

5 Right; and 

6 (B) either— 

7 (i) the Tribe moves forward with the 

8 Phase I Reservoir described in section 

9 3.4.B.(1) of the 2007 Agreement; or 

10 (ii) if the Tribe selects a substitute 

11 site pursuant to section 3.4.B.(2) of the 

12 2007 Agreement, either— 

13 (I) the Parties agree on Oper14 ation Rules; or 

15 (II) the Secretary determines, in 

16 the discretion of the Secretary, that 

17 the Parties have reached an impasse 

18 in attempting to negotiate the Oper19 ation Rules. 

20 (3) MODIFICATIONS.—Nothing in this Act pro21 hibits the Secretary, after execution of the 2007 

22 Agreement, from approving any modification to the 

23 2007 Agreement, including any exhibit to the 2007 

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

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1 quire congressional approval under section 2116 of 

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

3 applicable provision of Federal law. 

4 (c) ENVIRONMENTAL COMPLIANCE.— 

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

6 Agreement and this Act, the Secretary shall comply 

7 with all applicable provisions of— 

8 (A) the Endangered Species Act of 1973 

9 (16 U.S.C. 1531 et seq.); 

10 (B) the National Environmental Policy Act 

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

12 implementing regulations of that Act; and 

13 (C) other applicable Federal environmental 

14 laws and regulations. 

15 (2) COMPLIANCE.— 

16 (A) IN GENERAL.—In implementing the 

17 2007 Agreement and this Act, the Tribe shall 

18 prepare any necessary environmental docu19 ments, consistent with all applicable provisions 

20 of— 

21 (i) the Endangered Species Act of 

22 1973 (16 U.S.C. 1531 et seq.); 

23 (ii) the National Environmental Policy 

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1 cluding the implementing regulations of 

2 that Act; and 

3 (iii) all other applicable Federal envi4 ronmental laws and regulations. 

5 (B) AUTHORIZATIONS.—The Secretary 

6 shall— 

7 (i) independently evaluate the docu8 mentation submitted under subparagraph 

9 (A); and 

10 (ii) be responsible for the accuracy, 

11 scope, and contents of that documentation. 

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

13 the 2007 Agreement by the Secretary under this sec14 tion shall not constitute a major Federal action for 

15 purposes of the National Environmental Policy Act 

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

17 (4) COSTS.—Any costs associated with the per18 formance of the compliance activities under this sub19 section shall be paid from funds deposited in the 

20 Trust Fund, subject to the condition that any costs 

21 associated with the performance of Federal approval 

22 or other review of such compliance work or costs as23 sociated with inherently Federal functions shall re24 main the responsibility of the Secretary. 


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1 SEC. 5. TRIBAL WATER RIGHT. 

2 (a) CONFIRMATION OF TRIBAL WATER RIGHT.— 

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

4 ratified, confirmed, and declared valid. 

5 (2) QUANTIFICATION.—The Tribal Water Right 

6 includes the right to divert and use or permit the di7 version and use of up to 5,828 acre-feet per year of 

8 surface water from the South Fork Tule River, as 

9 described in the 2007 Agreement and as confirmed 

10 in the decree entered by the Court pursuant to sub11 sections (b) and (c) of section 12. 

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

13 of the Tribal Water Right shall be subject to the 

14 terms and conditions of the 2007 Agreement and 

15 this Act. 

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

17 Tribal Water Right— 

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

19 for the use and benefit of the Tribe in accordance 

20 with this Act; and 

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

22 forfeiture, abandonment, or other operation of law. 

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

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

25 have the authority to allocate and distribute the 

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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.— 

14 (1) IN GENERAL.—Amounts appropriated to, 

15 and deposited in, the Trust Fund, including any in16 vestment earnings, including interest, shall be made 

17 available to the Tribe by the Secretary beginning on 

18 the Enforceability Date and subject to the require19 ments set forth in this section, except for funds to 

20 be made available to the Tribe pursuant to para21 graph (2). 

22 (2) USE OF CERTAIN FUNDS.—Notwithstanding 

23 paragraph (1), $20,000,000 of the amounts depos24 ited in the Tule River Tribe Water Development 

25 Projects Account shall be made available to conduct 


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1 technical studies and related investigations regarding 

2 the Phase I Reservoir and to establish appropriate 

3 Operation Rules. 

4 (f) WITHDRAWALS.— 

5 (1) WITHDRAWALS UNDER THE AMERICAN IN6 DIAN TRUST FUND MANAGEMENT REFORM ACT OF

7 1994.— 

8 (A) IN GENERAL.—The Tribe may with9 draw any portion of the amounts in the Trust 

10 Fund on approval by the Secretary of a Tribal 

11 management plan submitted by the Tribe in ac12 cordance with the American Indian Trust Fund 

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

14 4001 et seq.). 

15 (B) REQUIREMENTS.—In addition to the 

16 requirements under the American Indian Trust 

17 Fund Management Reform Act of 1994 (25 

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

19 plan under this paragraph shall require that the 

20 Tribe shall spend all amounts withdrawn from 

21 the Trust Fund, and any investment earnings 

22 accrued through the investments under the 

23 Tribal management plan, in accordance with 

24 this Act. 


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1 (C) ENFORCEMENT.—The Secretary may 

2 carry out such judicial and administrative ac3 tions as the Secretary determines to be nec4 essary to enforce the Tribal management plan 

5 under this paragraph to ensure that amounts 

6 withdrawn by the Tribe from the Trust Fund 

7 under this paragraph are used in accordance 

8 with this Act. 

9 (2) WITHDRAWALS UNDER EXPENDITURE

10 PLAN.— 

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

12 to the Secretary a request to withdraw amounts 

13 from the Trust Fund pursuant to an approved 

14 expenditure plan. 

15 (B) REQUIREMENTS.—To be eligible to 

16 withdraw amounts under an expenditure plan 

17 under this paragraph, the Tribe shall submit to 

18 the Secretary an expenditure plan for any por19 tion of the Trust Fund that the Tribe elects to 

20 withdraw pursuant to this subparagraph, sub21 ject to the condition that the amounts shall be 

22 used for the purposes described in this Act. 

23 (C) INCLUSIONS.—An expenditure plan 

24 under this paragraph shall include a description 

25 of the manner and purpose for which the 


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1 amounts proposed to be withdrawn from the 

2 Trust Fund will be used by the Tribe in accord3 ance with subsections (e) and (h). 

4 (D) APPROVAL.—The Secretary shall ap5 prove an expenditure plan submitted under this 

6 paragraph if the Secretary determines that the 

7 plan— 

8 (i) is reasonable; and 

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

10 for, the purposes of this Act. 

11 (E) ENFORCEMENT.—The Secretary may 

12 carry out such judicial and administrative ac13 tions as the Secretary determines to be nec14 essary to enforce an expenditure plan to ensure 

15 that amounts disbursed under this paragraph 

16 are used in accordance with this Act. 

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

18 gives the Tribe the right to judicial review of a determina19 tion of the Secretary relating to whether to approve a 

20 Tribal management plan under subsection (f)(1) or an ex21 penditure plan under subsection (f)(2) except under sub22 chapter II of chapter 5, and chapter 7, of title 5, United 

23 States Code (commonly known as the ‘‘Administrative 

24 Procedure Act’’). 


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

2 be used by the Tribe for the following purposes: 

3 (1) The Tule River Tribe Water Development 

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

5 and construct Water Development Projects on the 

6 Tule River Reservation, and for the conduct of re7 lated activities, including for environmental compli8 ance in the development and construction of projects 

9 under this Act. 

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

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

12 Projects. 

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

14 the Treasury shall not be liable for the expenditure or in15 vestment of any amounts withdrawn from the Trust Fund 

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

17 (f). 

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

19 over, and operation of any project constructed using funds 

20 from the Trust Fund shall remain in the Tribe. 

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

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

23 from the Trust Fund shall be the responsibility of the 

24 Tribe. 


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

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

3 to any member of the Tribe. 

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

5 shall annually submit to the Secretary an expenditure re6 port describing accomplishments and amounts spent from 

7 use of withdrawals under a Tribal management plan or 

8 an expenditure plan under this Act. 

9 SEC. 7. FUNDING. 

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

11 otherwise appropriated, the Secretary of the Treasury 

12 shall transfer to the Secretary— 

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

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

15 available until expended, withdrawn, or reverted to 

16 the general fund of the Treasury; and 

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

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

19 withdrawn, or reverted to the general fund of the 

20 Treasury. 

21 (b) FLUCTUATION IN COSTS.— 

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

23 be appropriated under subsection (a) shall be in24 creased or decreased, as appropriate, by such 

25 amounts as may be justified by reason of ordinary 


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1 fluctuations in costs occurring after November 1, 

2 2020, as indicated by the Bureau of Reclamation 

3 Construction Cost Index—Composite Trend. 

4 (2) CONSTRUCTION COSTS ADJUSTMENT.—The 

5 amounts authorized to be appropriated under sub6 section (a) shall be adjusted to address construction 

7 cost changes necessary to account for unforeseen 

8 market volatility that may not otherwise be captured 

9 by engineering cost indices as determined by the 

10 Secretary, including repricing applicable to the types 

11 of construction and current industry standards in12 volved. 

13 (3) REPETITION.—The adjustment process 

14 under this subsection shall be repeated for each sub15 sequent amount appropriated until the amount au16 thorized, as adjusted, has been appropriated. 

17 (4) PERIOD OF INDEXING.—The period of in18 dexing adjustment under this subsection for any in19 crement of funding shall end on the date on which 

20 the funds are deposited into the Trust Fund. 

21 SEC. 8. TRANSFER OF LAND INTO TRUST. 

22 (a) TRANSFER OF LAND TO TRUST.— 

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

24 rights, and the requirements of this subsection, all 

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


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

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

3 Tribe as part of the Reservation upon the Enforce4 ability Date, provided that the Tribal fee land de5 scribed in paragraph (2)(C)— 

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

7 or other infirmities; and 

8 (B) has no existing evidence of any haz9 ardous substances or other environmental liabil10 ity. 

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

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

13 (A) BUREAU OF LAND MANAGEMENT

14 LANDS.— 

15 (i) Approximately 26.15 acres of land 

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

17 9. 

18 (ii) Approximately 85.50 acres of land 

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

20 6 and 7. 

21 (iii) Approximately 38.77 acres of 

22 land located in— 

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

24 Lot 1; and 


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

2 Lots 6 and 7. 

3 (iv) Approximately 154.9 acres of land 

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

N1⁄4SW1⁄4 and SW1⁄4SW1 5 ⁄4, Lots 2 and 3. 

6 (v) Approximately 40.00 acres of land 

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

NE1⁄4SE1 8 ⁄4. 

9 (vi) Approximately 375.17 acres of 

10 land located in— 

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

S1⁄2NE1⁄4, N1⁄2SE1⁄4, and SE1⁄4SE1 12 ⁄4, 

13 Lots 3, 4, and 6; and 

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

S1⁄2NE1 15 ⁄4, Lots 6 and 7. 

16 (vii) Approximately 60.43 acres of 

17 land located in— 

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

SW1⁄4SW1 19 ⁄4; and 

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

21 Lot 9. 

22 (viii) Approximately 15.48 acres of 

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

in that portion of the NW1 24 ⁄4 lying between 

25 Lots 8 and 9. 


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1 (ix) Approximately 29.26 acres of 

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

3 Lot 7. 

4 (B) FOREST SERVICE LANDS.—Approxi5 mately 9,037 acres of land comprising the head6 waters area of the South Fork Tule River wa7 tershed located east of and adjacent to the Tule 

8 River Indian Reservation, and more particularly 

9 described as follows: 

10 (i) Commencing at the northeast cor11 ner of the Tule River Indian Reservation 

12 in T. 21 S., R. 31 E., sec. 16, Mount Dia13 blo Base and Meridian, running thence 

14 east and then southeast along the ridge of 

15 mountains dividing the waters of the South 

16 Fork of the Tule River and Middle Fork of 

17 the Tule River, continuing south and then 

18 southwest along the ridge of mountains di19 viding the waters of the South Fork of the 

20 Tule River and the Upper Kern River until 

21 intersecting with the southeast corner of 

22 the Tule River Indian Reservation in T. 22 

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

24 point north along the eastern boundary of 


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1 the Tule River Indian Reservation to the 

2 place of beginning. 

3 (ii) The area encompasses— 

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

5 35, and portions of secs. 13, 14, 15, 

6 16, 21, 24, 25, 28, 33, and 36, in T. 

7 21 S., R. 31 E.; and 

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

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

10 16, 21, 22, 27, and 28, in T. 22 S., 

11 R. 31 E. 

12 (C) TRIBALLY OWNED FEE LANDS.— 

13 (i) Approximately 300 acres of land 

14 known as the McCarthy Ranch and more 

15 particularly described as follows: 

(I) The SW1 16 ⁄4 and that portion 

of the SE1 17 ⁄4 of sec. 9 in T. 22 S., R. 

18 29 E., Mount Diablo Base and Merid19 ian, in the County of Tulare, State of 

20 California, according to the official 

21 plat thereof, lying south and west of 

22 the center line of the South Fork of 

23 the Tule River, as such river existed 

24 on June 9, 1886, in the County of 

25 Tulare, State of California; excepting 


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1 therefrom an undivided one-half inter2 est in and to the oil, gas, minerals, 

3 and other hydrocarbon substances in, 

4 on, or under such land, as reserved by 

5 Alice King Henderson, a single 

6 woman, by Deed dated January 22, 

7 1959, and Recorded February 18, 

8 1959, in Book 2106, page 241, Tulare 

9 County Official Records. 

10 (II) An easement over and across 

that portion of the SW1 11 ⁄4 of sec. 10 in 

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

13 Base and Meridian, County of Tulare, 

14 State of California, more particularly 

15 described as follows: 

16 (aa) Beginning at the inter17 section of the west line of the 

SW1 18 ⁄4 of sec. 10, and the south 

19 bank of the South Tule Inde20 pendent Ditch; thence south 20 

21 rods; thence in an easterly direc22 tion, parallel with such ditch, 80 

23 rods; thence north 20 rods, 

24 thence westerly along the south 

25 bank of such ditch 80 rods to the 


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1 point of beginning; for the pur2 pose of— 

3 (AA) maintaining 

4 thereon an irrigation ditch 

5 between the headgate of the 

6 King Ditch situated on such 

land and the SW1 7 ⁄4 and that 

portion of the SE1 8 ⁄4 of sec. 

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

10 lying south and west of the 

11 centerline of the South Fork 

12 of the Tule River, as such 

13 river existed on June 9, 

14 1886, in the County of 

15 Tulare, State of California; 

16 and 

17 (BB) conveying there18 through water from the 

19 South Fork of the Tule 

River to the SW1 20 ⁄4 and that 

portion of the SE1 21 ⁄4 of sec. 

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

23 lying south and west of the 

24 centerline of the South Fork 

25 of the Tule River, as such 


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1 river existed on June 9, 

2 1886. 

3 (bb) The easement described 

4 in item (aa) shall follow the exist5 ing route of the King Ditch. 

6 (ii) Approximately 640 acres of land 

7 known as the Pierson/Diaz property in T. 

8 22 S., R. 29 E., sec. 16, Mount Diablo 

9 Base and Meridian, in the County of 

10 Tulare, State of California, according to 

11 the official plat thereof. 

12 (iii) Approximately 375.44 acres of 

13 land known as the Hyder property and 

14 more particularly described as follows: 

(I) That portion of the S1 15 ⁄2 of 

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

17 Diablo Base and Meridian, in the 

18 County of Tulare, State of California, 

19 according to the official plat thereof, 

20 lying south of the County Road known 

21 as Reservation Road, excepting there22 from an undivided one-half interest in 

23 all oil, gas, minerals, and other hydro24 carbon substances as reserved in the 

25 deed from California Lands, Inc., to 


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1 Lovell J. Wilson and Genevieve P. 

2 Wilson, recorded February 17, 1940, 

3 in book 888, page 116, Tulare County 

4 Official Records. 

(II) The NW1 5 ⁄4 of sec. 13 in T. 

6 22 S., R. 28 E., Mount Diablo Base 

7 and Meridian, in the County of 

8 Tulare, State of California, according 

9 to the official plat thereof, excepting 

10 therefrom the south 1200 feet thereof. 

11 (III) The south 1200 feet of the 

NW1 12 ⁄4 of sec. 13 in T. 22 S., R. 28 

13 E., Mount Diablo Base and Meridian, 

14 in the County of Tulare, State of Cali15 fornia, according to the official plat 

16 thereof. 

17 (iv) Approximately 157.22 acres of 

18 land situated in the unincorporated area of 

19 the County of Tulare, State of California, 

20 known as the Trailor property, and more 

21 particularly described as follows: The 

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

23 Mount Diablo Base and Meridian, in the 

24 unincorporated area of the County of 


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1 Tulare, State of California, according to 

2 the official plat thereof. 

3 (v) Approximately 89.45 acres of land 

4 known as the Tomato Patch in that portion of the SE1 5 ⁄4 of sec. 11 in T. 22 S., R. 

6 28 E., Mount Diablo Base and Meridian, 

7 in the County of Tulare, State of Cali8 fornia, according to the Official Plat of the 

9 survey of such land on file in the Bureau 

10 of Land Management at the date of the 

11 issuance of the patent thereof, and more 

12 particularly described as follows: Beginning 

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

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

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

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

17 84° 30’ west 456 feet, thence north 65° 

18 28’ west 800 feet, thence north 68° 44’ 

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

20 700 feet, thence south 56° 41’ west 240 

feet to the west line of the SE1 21 ⁄4 of such 

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

such west line of the SE1 23 ⁄4 of sec. 11, 

24 thence west 1427 feet to the southwest 

corner of such SE1 25 ⁄4 of sec. 11, thence 


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

2 of beginning, excepting therefrom— 

3 (I) a strip of land 25 feet in 

4 width along the northerly and east 

5 sides and used as a County Road; and 

6 (II) an undivided one-half inter7 est in all oil, gas, and minerals in and 

8 under such lands, as reserved in the 

9 Deed from Bank of America, a cor10 poration, dated August 14, 1935, filed 

11 for record August 28, 1935, Fee Book 

12 11904. 

13 (vi) Approximately 160 acres of land 

known as the Smith Mill in the NW1 14 ⁄4 of 

the NE1⁄4, the N1⁄2 of the NW1 15 ⁄4, and the 

SE1⁄4 of the NW1 16 ⁄4 of sec. 20 in T. 21 S., 

17 R. 31 E., Mount Diablo Base and Merid18 ian, in the County of Tulare, State of Cali19 fornia, according to the official plat there20 of. 

21 (vii) Approximately 35 acres of land 

22 located within the exterior boundaries of 

23 the Tule River Reservation known as the 

24 Highway 190 parcel, with the legal de25 scription as follows: That portion of T. 21 


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

2 and Meridian, in the County of Tulare, 

3 Sate of California, according to the official 

4 plat thereof, and more particularly de5 scribed as follows: Commencing at a point 

in the south line of the N1⁄2 of the S1 6 ⁄2 of 

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

8 54’ 47’’ east, 1500.00 feet of the southwest corner of such N1 9 ⁄2, thence north 52° 

10 41’ 17’’ east, 1602.80 feet to the true 

11 point of beginning of the parcel to be de12 scribed, thence north 32° 02’ 00’’ west, 

13 1619.53 feet to a point in the southeast14 erly line of State Highway 190 per deeds 

15 recorded May 5, 1958, in Book 2053, 

16 pages 608 and 613, Tulare County Official 

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

18 232.29 feet, thence north 66° 33’ 24’’ east, 

19 667.51 fee, thence departing the southeast20 erly line of such Highway 190, south 44° 

21 53’ 27’’ east, 913.62 feet, thence south 85° 

22 53’ 27’’ east, 794.53 feet, thence south 52° 

23 41’ 17’’ west, 1744.64 feet to the true 

24 point of beginning. 


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1 (viii) Approximately 61.91 acres of 

2 land located within the exterior boundaries 

3 of the Tule River Reservation known as 

4 the Shan King property, with the legal de5 scription as follows: 

6 (I) Parcel 1: Parcel No. 1 of par7 cel map no. 4028 in the County of 

8 Tulare, State of California, as per the 

9 map recorded in Book 41, page 32 of 

10 Tulare County Records. 

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

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

13 Diablo Base and Meridian, in the 

14 County of Tulare, State of California, 

15 described as follows: Commencing at a 

point in the south line of the N1 16 ⁄2 of 

the S1 17 ⁄2 of such sec. 19, such point 

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

19 feet of the southwest corner of such 

N1 20 ⁄2, thence north 52° 41’ 06’’ east, 

21 1602.80 feet to the southwesterly cor22 ner of the 40.00 acre parcel shown on 

23 the Record of Survey recorded in 

24 Book 18, page 17, of Licensed Sur25 veys, Tulare County Records, thence, 


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

2 along the southwesterly line of such 

3 40.00 acre parcel to the true point of 

4 beginning of the parcel to be de5 scribed, thence, continuing north 32° 

6 01’ 28’’ west, 1075.50 feet to the 

7 northwesterly corner of such 40.00 

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

9 east, 232.31 feet along the southeast10 erly line of State Highway 190, 

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

12 feet, thence, departing the southeast13 erly line of State Highway 190 south 

14 29° 27’ 29’’ east, 884.73 feet, thence 

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

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

17 feet to the true point of beginning. 

18 (bb) The property described in 

19 item (aa) is subject to a 100 foot min20 imum building setback from the right21 of-way of Highway 190. 

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

23 21 S., R. 29 E., sec. 19, Mount Dia24 blo Base and Meridian, County of 

25 Tulare, State of California, described 


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1 as follows: Beginning at a point in the 

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

3 such sec. 19, such point being south 

4 89° 54’ 47’’ east, 1500.00 feet of the 

southwest corner of such N1 5 ⁄2, thence 

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

7 thence north 40° 00’ 00’’ west, 

8 850.00 feet to a point in the south9 easterly line of State Highway 190, 

10 per deeds recorded May 5, 1958, in 

11 Book 2053, pages 608 and 613, 

12 Tulare County Official Records, 

13 thence, north 57° 58’ 00’’ east, 

14 941.46 feet, along the southeasterly 

15 line of such Highway 190, thence de16 parting the southeasterly line of such 

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

18 1619.53 feet, thence south 52° 41’ 

19 17’’ west, 1602.80 feet to the point of 

20 beginning, together with a three-quarters (3 21 ⁄4) interest in a water system, 

22 as set forth in that certain water sys23 tem and maintenance agreement re24 corded April 15, 2005, as document 

25 no. 2005–0039177. 


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1 (ix) Approximately 18.44 acres of 

2 land located within the exterior boundaries 

3 of the Tule River Reservation known as 

4 the Parking Lot 4 parcel with the legal de5 scription as follows: That portion of the 

6 land described in that Grant Deed to Tule 

7 River Indian Tribe, recorded June 1, 2010, 

8 as document number 2010–0032879, 

9 Tulare County Official Records, lying with10 in the following described parcel: beginning 

at a point on the east line of the NW1 11 ⁄4 of 

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

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

1670.53 feet from the N1 14 ⁄4 corner of such 

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

16 46.50 feet; thence (2) north 0° 49’ 43’’ 

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

18 00’’ west, 76.67 feet to the south line of 

19 State Route 190 as described in that 

20 Grant Deed to the State of California, re21 corded February 14, 1958, in Volume 

22 2038, page 562, Tulare County Official 

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

73.59 feet to the north line of the SE1 24 ⁄4 of 

the NW1 25 ⁄4 of such sec. 3; thence (5) south 


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1 89° 37’ 32’’ east, along such north line, 

2 89.77 feet to the center-north sixteenth 

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

4 49’ 43’’ west, along such east line of the 

NW1 5 ⁄4 of such sec. 3, a distance of 222.06 

6 feet to the point of beginning. Containing 

7 0.08 acres, more or less, in addition to 

8 that portion lying within Road 284. To9 gether with the underlying fee interest, if 

10 any, contiguous to the above-described 

11 property in and to Road 284. This convey12 ance is made for the purpose of a freeway 

13 and the grantor hereby releases and relin14 quishes to the grantee any and all 

15 abutter’s rights including access rights, ap16 purtenant to grantor’s remaining property, 

17 in and to such freeway. Reserving however, 

18 unto grantor, grantor’s successors or as19 signs, the right of access to the freeway 

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

21 above described. The bearings and dis22 tances used in this description are on the 

23 California Coordinate System of 1983, 

24 Zone 4. Divide distances by 0.999971 to 

25 convert to ground distances. 


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1 (b) TERMS AND CONDITIONS.— 

2 (1) EXISTING AUTHORIZATIONS.—Any Federal 

3 land transferred under this section shall be conveyed 

4 and taken into trust subject to valid existing rights, 

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

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

7 right-of-way requests an earlier termination in ac8 cordance with existing law. The Bureau of Indian 

9 Affairs shall assume all benefits and obligations of 

10 the previous land management agency under such 

11 existing rights, contracts, leases, permits, or rights12 of-way, and shall disburse to the Tribe any amounts 

13 that accrue to the United States from such rights, 

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

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

16 rental relating to that land in the same manner as 

17 amounts received from other land held by the Sec18 retary in trust for the Tribe. 

19 (2) IMPROVEMENTS.—Any improvements con20 stituting personal property, as defined by State law, 

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

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

23 this section shall remain the property of the holder 

24 and shall be removed not later than 90 days after 

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


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

2 holder agree otherwise. Any such property remaining 

3 beyond the 90-day period shall become the property 

4 of the Tribe and shall be subject to removal and dis5 position at the Tribe’s discretion. The holder shall 

6 be liable for the costs the Tribe incurs in removing 

7 and disposing of the property. 

8 (c) WITHDRAWAL OF FEDERAL LANDS.— 

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

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

11 all Federal lands within the parcels described in sub12 section (a)(2) are withdrawn from all forms of— 

13 (A) entry, appropriation, or disposal under 

14 the public land laws; 

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

16 mining laws; and 

17 (C) disposition under all laws pertaining to 

18 mineral and geothermal leasing or mineral ma19 terials. 

20 (2) EXPIRATION.—The withdrawals pursuant to 

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

22 Secretary takes the lands into trust for the benefit 

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

24 (d) TECHNICAL CORRECTIONS.—Notwithstanding 

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


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

2 make technical corrections to the legal land descriptions 

3 to more specifically identify the parcels to be exchanged. 

4 (e) SURVEY.— 

5 (1) Unless the United States or the Tribe re6 quests an additional survey for the transferred land 

7 or a technical correction is made under subsection 

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

9 be controlling. 

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

11 an additional survey, that survey shall control the 

12 total acreage to be transferred into trust under this 

13 section. 

14 (3) The Secretary or the Secretary of Agri15 culture shall provide such assistance as may be ap16 propriate— 

17 (A) to conduct additional surveys of the 

18 transferred land; and 

19 (B) to satisfy administrative requirements 

20 necessary to accomplish the land transfers 

21 under this section. 

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

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

24 later than 10 years after the Enforceability Date. 


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

2 trust pursuant to this section shall not be considered to 

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

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

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

6 U.S.C. 2703)). 

7 (h) STATUS OF WATER RIGHTS ON TRANSFERRED

8 LANDS.—Any water rights associated with lands trans9 ferred pursuant to subparagraphs (A) through (C) of sub10 section (a)(2) shall be held in trust for the Tribe but shall 

11 not be included in the Tribal Water Right. 

12 SEC. 9. SATISFACTION OF CLAIMS. 

13 The benefits provided under this Act shall be in com14 plete replacement of, complete substitution for, and full 

15 satisfaction of any claim of the Tribe against the United 

16 States that is waived and released by the Tribe under sec17 tion 10(a). 

18 SEC. 10. WAIVERS AND RELEASES OF CLAIMS. 

19 (a) IN GENERAL.— 

20 (1) WAIVERS AND RELEASES OF CLAIMS BY

21 THE TRIBE AND THE UNITED STATES AS TRUSTEE

22 FOR THE TRIBE.—Subject to the reservation of 

23 rights and retention of claims set forth in subsection 

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

25 Tribal Water Right and other benefits described in 


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

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

3 execute a waiver and release of all claims for the fol4 lowing: 

5 (A) All claims for water rights within the 

6 State of California based on any and all legal 

7 theories that the Tribe or the United States 

8 acting as trustee for the Tribe, asserted or 

9 could have asserted in any proceeding, including 

10 a general stream adjudication, on or before the 

11 Enforceability Date, except to the extent that 

12 such rights are recognized in the 2007 Agree13 ment and this Act. 

14 (B) All claims for damages, losses, or inju15 ries to water rights or claims of interference 

16 with, diversion, or taking of water rights (in17 cluding claims for injury to lands resulting from 

18 such damages, losses, injuries, interference 

19 with, diversion, or taking of water rights) with20 in California against the State, or any person, 

21 entity, corporation, or municipality, that ac22 crued at any time up to and including the En23 forceability Date. 

24 (2) WAIVER AND RELEASE OF CLAIMS BY THE

25 TRIBE AGAINST THE UNITED STATES.—Subject to 


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1 the reservation of rights and retention of claims 

2 under subsection (c), the Tribe shall execute a waiv3 er and release of all claims against the United 

4 States (including any agency or employee of the 

5 United States) for water rights within the State of 

6 California first arising before the Enforceability 

7 Date relating to— 

8 (A) water rights within the State of Cali9 fornia that the United States, acting as trustee 

10 for the Tribe, asserted or could have asserted in 

11 any proceeding, including a general stream ad12 judication, except to the extent that such rights 

13 are recognized as part of the Tribal Water 

14 Right under this Act; 

15 (B) foregone benefits from nontribal use of 

16 water, on and off the Reservation (including 

17 water from all sources and for all uses); 

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

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

20 water or water rights (including damages, 

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

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

23 rights, claims relating to interference with, di24 version, or taking of water, or claims relating to 

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


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1 water, water rights, or water infrastructure) 

2 within the State of California; 

3 (D) a failure to establish or provide a mu4 nicipal rural or industrial water delivery system 

5 on the Reservation; 

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

7 rights, land, or natural resources due to con8 struction, operation, and management of irriga9 tion projects on the Reservation and other Fed10 eral land and facilities (including damages, 

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

12 wildlife habitat); 

13 (F) failure to provide for operation, main14 tenance, or deferred maintenance for any irriga15 tion system or irrigation project; 

16 (G) failure to provide a dam safety im17 provement to a dam on the Reservation; 

18 (H) the litigation of claims relating to any 

19 water rights of the Tribe within the State of 

20 California; 

21 (I) the negotiation, execution, or adoption 

22 of the 2007 Agreement (including exhibits A– 

23 F) and this Act; 

24 (J) the negotiation, execution, or adoption 

25 of operational rules referred to in article 3.4 of 


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1 the 2007 Agreement in connection with any res2 ervoir locations, including any claims related to 

3 the resolution of operational rules pursuant to 

4 the dispute resolution processes set forth in the 

5 article 8 of the 2007 Agreement, including 

6 claims arising after the Enforceability Date; 

7 and 

8 (K) claims related to the creation or reduc9 tion of the Reservation, including any claims re10 lating to the failure to ratify any treaties and 

11 any claims that any particular lands were in12 tended to be set aside as a permanent homeland 

13 for the Tribe but were not included as part of 

14 the present Reservation. 

15 (b) EFFECTIVENESS.—The waivers and releases 

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

17 Date. 

18 (c) RESERVATION OF RIGHTS AND RETENTION OF

19 CLAIMS.—Notwithstanding the waivers and releases under 

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

21 as trustee for the Tribe, shall retain— 

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

23 claims accruing after the Enforceability Date relat24 ing to water rights recognized under the 2007 

25 Agreement, any final court decree entered in the 


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1 Federal District Court for the Eastern District of 

2 California, or this Act; 

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

4 protect water rights acquired after the date of enact5 ment of this Act; 

6 (3) claims regarding the quality of water 

7 under— 

8 (A) the Comprehensive Environmental Re9 sponse, Compensation, and Liability Act of 

10 1980 (42 U.S.C. 9601 et seq.), including claims 

11 for damages to natural resources; 

12 (B) the Safe Drinking Water Act (42 

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

14 (C) the Federal Water Pollution Control 

15 Act (33 U.S.C. 1251 et seq.) (commonly re16 ferred to as the ‘‘Clean Water Act’’); and 

17 (D) any regulations implementing the Acts 

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

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

20 or natural resources that are not due to loss of 

21 water or water rights, including hunting, fishing, 

22 gathering, or cultural rights; and 

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

24 and powers not specifically waived and released pur25 suant to this Act or the 2007 Agreement. 


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1 (d) EFFECT OF 2007 AGREEMENT AND ACT.—Noth2 ing in the 2007 Agreement or this Act— 

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

4 the laws of the Tribe, including with respect to envi5 ronmental protections or reduces or extends the sov6 ereignty (including civil and criminal jurisdiction) of 

7 any government entity; 

8 (2) affects the ability of the United States, act9 ing as sovereign, to carry out any activity authorized 

10 by law, including— 

11 (A) the Comprehensive Environmental Re12 sponse, Compensation, and Liability Act of 

13 1980 (42 U.S.C. 9601 et seq.); 

14 (B) the Safe Drinking Water Act (42 

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

16 (C) the Federal Water Pollution Control 

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

18 (D) the Solid Waste Disposal Act (42 

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

20 (E) any regulations implementing the Acts 

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

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

23 act as trustee for any other Indian Tribe or an 

24 allotee of any other Indian Tribe; 

25 (4) confers jurisdiction on any State court— 


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1 (A) to interpret Federal law relating to 

2 health, safety, or the environment; 

3 (B) to determine the duties of the United 

4 States or any other party under Federal law re5 garding health, safety, or the environment; 

6 (C) to conduct judicial review of any Fed7 eral agency action; or 

8 (D) to interpret Tribal law; or 

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

10 in an individual capacity that does not derive from 

11 a right of the Tribe. 

12 (e) TOLLING OF CLAIMS.— 

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

14 limitation and time-based equitable defense relating 

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

16 the period beginning on the date of enactment of 

17 this Act and ending on the Enforceability Date. 

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

19 subsection revives any claim or tolls any period of 

20 limitation or time-based equitable defense that ex21 pired before the date of enactment of this Act. 

22 (3) LIMITATION.—Nothing in this section pre23 cludes the tolling of any period of limitations or any 

24 time-based equitable defense under any other appli25 cable law. 


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1 (f) EXPIRATION.— 

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

3 case in which the Secretary fails to publish a state4 ment of findings under section 11 by not later 

5 than— 

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

7 this Act; or 

8 (B) such alternative later date as is agreed 

9 to by the Tribe and the Secretary, after pro10 viding reasonable notice to the State of Cali11 fornia. 

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

13 paragraph (1)— 

14 (A) the waivers and releases under sub15 section (a) shall— 

16 (i) expire; and 

17 (ii) have no further force or effect; 

18 (B) the authorization, ratification, con19 firmation, and execution of the 2007 Agreement 

20 under section 4 shall no longer be effective; 

21 (C) any action carried out by the Sec22 retary, and any contract or agreement entered 

23 into pursuant to this Act, shall be void; 

24 (D) any unexpended Federal funds appro25 priated or made available to carry out the acVerDate Sep 11 2014 23:55 Nov 06, 2023 Jkt 049200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S306.RS S306

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1 tivities authorized by this Act, together with 

2 any interest earned on those funds, and any 

3 water rights or contracts to use water and title 

4 to other property acquired or constructed with 

5 Federal funds appropriated or made available 

6 to carry out the activities authorized by this Act 

7 shall be returned to the Federal Government, 

8 unless otherwise agreed to by the Tribe and the 

9 United States and approved by Congress; and 

10 (E) except for Federal funds used to ac11 quire or construct property that is returned to 

12 the Federal Government under subparagraph 

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

14 any Federal funds made available to carry out 

15 this Act that were expended or withdrawn, or 

16 any funds made available to carry out this Act 

17 from other Federal authorized sources, together 

18 with any interest accrued on those funds, 

19 against any claims against the United States— 

20 (i) relating to— 

21 (I) water rights in the State of 

22 California asserted by— 

23 (aa) the Tribe; or 

24 (bb) any user of the Tribal 

25 Water Right; or 


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1 (II) any other matter covered by 

2 subsection (a)(2); or 

3 (ii) in any future settlement of water 

4 rights of the Tribe. 

5 SEC. 11. ENFORCEABILITY DATE. 

6 The Enforceability Date shall be the date on which 

7 the Secretary publishes in the Federal Register a state8 ment of findings that— 

9 (1) to the extent that the 2007 Agreement con10 flicts with the Act, the 2007 Agreement has been 

11 amended to conform with this Act; 

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

13 waivers and releases of claims set forth in section 10 

14 and has been executed by the parties, including the 

15 United States; 

16 (3) a final judgment and decree approving the 

17 2007 Agreement, including Operation Rules, and 

18 binding all parties to the action has been entered by 

19 the Court, and all appeals have been exhausted; 

20 (4) all of the amounts authorized to be appro21 priated under section 7(a) have been appropriated 

22 and deposited in the designated accounts; and 

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

24 have been executed by the Tribe and the Secretary. 


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1 SEC. 12. BINDING EFFECT; JUDICIAL APPROVAL; ENFORCE2 ABILITY. 

3 (a) IN GENERAL.— 

4 (1) LAWSUIT.—1 or more Parties may file suit 

5 in the Court requesting the entry of a final judge6 ment and decree approving the Tribal Water Right 

7 and the 2007 Agreement, provided that no such suit 

8 shall be filed until after— 

9 (A) the Tribe has confirmed that the 

10 Phase I Reservoir will be sited at the location 

11 described in section 3.4.B.(1) of the 2007 

12 Agreement and that Exhibit E governs oper13 ation of the Phase I Reservoir; or 

14 (B) the Tribe has selected a substitute site 

15 for the Phase I Reservoir pursuant to section 

16 3.4.B.(2)(a) of the 2007 Agreement and— 

17 (i) the Parties have agreed on Oper18 ation Rules and the Secretary has executed 

19 the 2007 Agreement; or 

20 (ii) if the Parties have reached an im21 passe in attempting to negotiate Operation 

22 Rules, at least 1 Party has developed pro23 posed Operation Rules to submit for judi24 cial review and approval, and has shared 

25 the proposed Operation Rules with the 


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1 other Parties at least 90 days in advance 

2 of filing the lawsuit. 

3 (2) JOINING UNITED STATES AS PARTY.— 

4 Where suit is filed pursuant to this subsection, in5 cluding the satisfaction of the requirements in sub6 paragraph (A) or (B) of paragraph (1), the United 

7 States may be joined in litigation for the purposes 

8 set forth in this section. 

9 (b) JUDICIAL APPROVAL.—The Court shall have ex10 clusive jurisdiction to review and determine whether to ap11 prove the Tribal Water Right and the 2007 Agreement, 

12 and on doing so over any cause of action initiated by any 

13 Party arising from a dispute over the interpretation of the 

14 2007 Agreement or this Act, and any cause of action initi15 ated by any Party for the enforcement of the 2007 Agree16 ment. 

17 (c) FAILURE TO AGREE ON OPERATION RULES.— 

18 (1) IN GENERAL.—Subject to subsection 

19 (a)(1)(B)(ii), the Court shall have jurisdiction over 

20 a cause of action that a Party initiates to establish 

21 Operation Rules, where the Parties failed to reach 

22 agreement on such Operation Rules. 

23 (2) VOLUNTARY DISPUTE RESOLUTION.—If a 

24 suit is filed under paragraph (1), the Court shall 


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1 refer the Parties to the voluntary dispute resolution 

2 program of the Court. 

3 (3) COURT SELECTION OF OPERATION

4 RULES.— 

5 (A) IN GENERAL.—If the voluntary dispute 

6 resolution program does not, after a reasonable 

7 amount of time as determined by the Court, re8 sult in agreed-on Operation Rules, the Court 

9 shall set a deadline by which any Party or 

10 Downstream Water User may submit proposed 

11 Operation Rules and, after briefing and hearing 

12 evidence, select among the proffered Operation 

13 Rule based on the criteria set forth in para14 graph (4). 

15 (B) IMPLEMENTATION OF AGREED-ON OP16 ERATION RULES.—Once the Court selects Oper17 ation Rules pursuant to subparagraph (A), such 

18 Operation Rules shall thereafter control and 

19 shall be implemented by the Parties pursuant to 

20 the terms directed by the Court. 

21 (4) CRITERIA FOR COURT SELECTION OF OPER22 ATION RULES.— 

23 (A) IN GENERAL.—The Court shall select 

24 the proffered Operation Rules that, if imple25 mented, would be the most effective in— 


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1 (i) regulating the flows in the South 

2 Tule River to comply with the terms con3 tained in the 2007 Agreement and the fol4 lowing diversion limits, where the South 

5 Tule Independent Ditch Company’s point 

6 of diversion is the point of measurement, 

7 including— 

8 (I) where the natural flow is less 

9 than 3 cubic feet per second (referred 

10 to in this clause as ‘‘cfs’’), the Tribe 

11 has a right to 1 cfs; 

12 (II) where the natural flow is 

13 greater than or equal to 3 cfs and less 

14 than 5 cfs, the Tribe has a right to 

11 15 ⁄2 cfs; 

16 (III) where the natural flow is 

17 greater than or equal to 5 cfs and less 

18 than 10 cfs, the Tribe has a right to 

19 2 cfs; and 

20 (IV) where the natural flow is 

21 greater than or equal to 10 cfs, the 

22 Tribe has a right to any amount; 

23 (ii) minimizing adverse impact on the 

24 Parties other than the Tribe; and 


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1 (iii) maintaining the right of the Tribe 

2 to the reasonable and economic use of 

3 water for domestic and stock purposes on 

4 the Reservation. 

5 (B) CONSIDERATION OF EXHIBIT E.—In 

6 applying the criteria set forth in subparagraph 

7 (A), the Court should consider the Operation 

8 Rules governing the Phase I Reservoir de9 scribed in section 3.4.B.(1) of the 2007 Agree10 ment, as set forth in Exhibit E to the 2007 

11 Agreement, which the Parties agreed on based 

12 on consideration of that criteria. 

13 (C) INCONSISTENCY OF PROPOSED OPER14 ATION RULES WITH CRITERIA.— 

15 (i) IN GENERAL.—The Court shall not 

16 approve the 2007 Agreement if the Court 

17 finds that none of the proffered Operation 

18 Rules are consistent with the criteria set 

19 forth in subparagraph (A). 

20 (ii) ALTERNATIVE OPERATION

21 RULES.—If the Court finds that none of 

22 the proffered Operation Rules are con23 sistent with the criteria set forth in sub24 paragraph (A), the Court may establish an 

25 alternate process to allow the Parties to 


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1 develop alternate Operation Rules that are 

2 consistent with that criteria. 

3 SEC. 13. MISCELLANEOUS PROVISIONS. 

4 (a) WAIVER OF SOVEREIGN IMMUNITY BY THE

5 UNITED STATES.—Nothing in this Act waives the sov6 ereign immunity of the United States, except as provided 

7 in section 12(a)(2). 

8 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

9 Nothing in this Act quantifies or diminishes any land or 

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

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

12 Tribe. 

13 (c) OTHER WATER RIGHTS OF UNITED STATES NOT

14 ADVERSELY AFFECTED.—Nothing in this Act quantifies 

15 or diminishes any other water right held by the United 

16 States other than as a Downstream Water User. 

17 (d) EFFECT ON CURRENT LAW.—Nothing in this Act 

18 affects any provision of law (including regulations) in ef19 fect on the day before the date of enactment of this Act 

20 with respect to pre-enforcement review of any Federal en21 vironmental enforcement action. 

22 (e) CONFLICT.—In the event of a conflict between the 

23 2007 Agreement and this Act, this Act shall control. 


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1 SEC. 14. ANTIDEFICIENCY. 

2 The United States shall not be liable for any failure 

3 to carry out any obligation or activity authorized by this 

4 Act, including any obligation or activity under the 2007 

5 Agreement if adequate appropriations are not provided by 

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


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Calendar No. 236 

118TH CONGRESS 

1ST SESSION S. 306 

[Report No. 118–110] 

A BILL 

To approve the settlement of the water right claims 

of the Tule River Tribe, and for other purposes. 

NOVEMBER 6, 2023 

Reported without amendment 


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