II 

118TH CONGRESS 

1ST SESSION S. 306 

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 

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’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 

Sec. 3. Definitions. 

Sec. 4. Ratification of 2007 Agreement. 

Sec. 5. Tribal Water Right. 


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Sec. 6. Tule River Tribe trust accounts. 

Sec. 7. Funding. 

Sec. 8. Transfer of land into trust. 

Sec. 9. Satisfaction of claims. 

Sec. 10. Waivers and releases of claims. 

Sec. 11. Enforceability Date. 

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

Sec. 13. Miscellaneous provisions. 

Sec. 14. Antideficiency. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

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

6 (A) the Tule River Tribe; and 

7 (B) the United States, acting as trustee 

8 for the Tribe; 

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

10 Agreement entered by the Tribe, the South Tule 

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

13 consistent with this Act; 

14 (3) to authorize and direct the Secretary— 

15 (A) to execute the 2007 Agreement, with 

16 amendments to facilitate implementation and 

17 approval of the 2007 Agreement; and 

18 (B) to take any other actions necessary to 

19 carry out the 2007 Agreement in accordance 

20 with this Act; 


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1 (4) to authorize funds necessary for the imple2 mentation of the 2007 Agreement and this Act; and 

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

4 the Tribe, to be held in trust. 

5 SEC. 3. DEFINITIONS. 

6 (a) IN GENERAL.—In this Act: 

7 (1) 2007 AGREEMENT.—The term ‘‘2007 

8 Agreement’’ means— 

9 (A) the agreement dated November 21, 

10 2007, as amended on April 22, 2009, between 

11 the Tribe, the South Tule Independent Ditch 

12 Company, and the Tule River Association, and 

13 exhibits attached thereto; and 

14 (B) any amendment to the Agreement re15 ferred to in subparagraph (A) (including an 

16 amendment to any exhibit) that is executed in 

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

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

19 United States District Court for the Eastern Dis20 trict of California, unless otherwise specified herein. 

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

22 and ‘‘diversion’’ mean to remove water from its nat23 ural course or location by means of a ditch, canal, 

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

25 structure or device, or act of a person. 


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1 (4) DOWNSTREAM WATER USERS.—The term 

2 ‘‘Downstream Water Users’’ means— 

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

5 (B) the South Tule Independent Ditch 

6 Company and its successors and assigns; and 

7 (C) any and all other holders of water 

8 rights in the South Fork Tule River Basin. 

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

12 (6) OM&R.— 

13 (A) IN GENERAL.—The term ‘‘OM&R’’ 

14 means operation, maintenance, and replace15 ment. 

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

18 (i) any recurring or ongoing activity 

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

20 project; 

21 (ii) any activity relating to scheduled 

22 or unscheduled maintenance of a project; 

23 and 

24 (iii) any activity relating to repairing 

25 or replacing a feature of a project. 


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

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

3 I Reservoir, as established in accordance with the 

4 2007 Agreement and this Act. 

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

6 signatories to the 2007 Agreement, including the 

7 Secretary. 

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

9 Reservoir’’ means the reservoir described in either 

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

11 Agreement. 

12 (10) RESERVATION; TULE RIVER RESERVA13 TION.—The terms ‘‘Reservation’’ and ‘‘Tule River 

14 Reservation’’ mean the reservation of lands set aside 

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

16 1873, October 3, 1873, and August 3, 1878, includ17 ing lands added to the Reservation pursuant to sec18 tion 8. 

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

20 means the Secretary of the Interior. 

21 (12) SOUTH TULE INDEPENDENT DITCH COM22 PANY.—The term ‘‘South Tule Independent Ditch 

23 Company’’ means the nonprofit mutual water com24 pany incorporated in 1895 that has claims to owner25 ship of water rights dating back to 1854, which proVerDate Sep 11 2014 00:05 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S306.IS S306

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1 vides water diverted from the South Fork of the 

2 Tule River to its shareholders on lands downstream 

3 from the Tule River Reservation. 

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

5 Water Right’’ means the water rights ratified, con6 firmed, and declared to be valid for the benefit of 

7 the Tribe as set forth and described in the 2007 

8 Agreement and this Act. 

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

10 Tule River Indian Tribe of the Tule River Reserva11 tion, California, a federally recognized Indian Tribe. 

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

13 means the Tule River Indian Tribe Settlement Trust 

14 Fund established under section 6(a). 

15 (16) TULE RIVER ASSOCIATION.— 

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

17 Association’’ means the association formed by 

18 agreement in 1965, the members of which are 

19 representatives of all pre-1914 appropriative 

20 and certain riparian water right holders of the 

21 Tule River at and below the Richard L. Schafer 

22 Dam and Reservoir. 

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

24 Association’’ includes the Pioneer Water Com25 pany, the Vandalia Irrigation District, the 


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1 Porterville Irrigation District, and the Lower 

2 Tule River Irrigation District. 

3 (17) WATER DEVELOPMENT PROJECT.—The 

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

5 for domestic, commercial, municipal, and industrial 

6 water supply, including but not limited to water 

7 treatment, storage, and distribution infrastructure, 

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

9 from the Trust Fund. 

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

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

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

13 Agreement; or 

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

15 the 2007 Agreement, shall be used in a manner con16 sistent with its use in the 2007 Agreement. 

17 SEC. 4. RATIFICATION OF 2007 AGREEMENT. 

18 (a) RATIFICATION.— 

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

20 Act and to the extent that the 2007 Agreement does 

21 not conflict with this Act, the 2007 Agreement is au22 thorized, ratified, and confirmed. 

23 (2) AMENDMENTS.— 

24 (A) GENERAL AMENDMENTS.—If an 

25 amendment to the 2007 Agreement, or to any 


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1 exhibit attached to the 2007 Agreement requir2 ing the signature of the Secretary, is executed 

3 in accordance with this Act to make the 2007 

4 Agreement consistent with this Act, the amend5 ment is authorized, ratified, and confirmed. 

6 (B) SPECIFIC AMENDMENTS.— 

7 (i) SUBSTITUTE SITES.—If a sub8 stitute site for the Phase I Reservoir is 

9 identified by the Tribe pursuant to section 

10 3.4.B.(2)(a) of the 2007 Agreement, then 

11 amendments related to the Operation 

12 Rules are authorized, ratified, and con13 firmed, to the extent that such Amend14 ments are consistent with the 2007 Agree15 ment and this Act. 

16 (ii) PRIORITY DATE.—Amendments 

17 agreed to by the Parties to establish that 

18 the priority date for the Tribal Water 

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

20 authorized, ratified, and confirmed. 

21 (iii) SENIOR WATER RIGHTS.— 

22 Amendments agreed to by the Parties to 

23 accommodate senior water rights of those 

24 Downstream Water Users described in sec25 tion 3(a)(4)(C) are authorized, ratified, 


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1 and confirmed, to the extent that the 

2 Court finds any such Downstream Water 

3 Users possess senior water rights that can 

4 be accommodated only by amendment of 

5 the 2007 Agreement. 

6 (iv) OTHER AMENDMENTS.—Other 

7 amendments agreed to by the Parties to 

8 facilitate implementation and approval of 

9 the 2007 Agreement are authorized, rati10 fied, and confirmed, to the extent that 

11 such amendments are otherwise consistent 

12 with this Act and with other applicable 

13 law. 

14 (b) EXECUTION.— 

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

16 Agreement does not conflict with this Act, the Sec17 retary shall execute the 2007 Agreement, in accord18 ance with paragraph (2), including all exhibits to, or 

19 parts of, the 2007 Agreement requiring the signa20 ture of the Secretary. 

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

22 the 2007 Agreement until— 

23 (A) the Parties agree on amendments re24 lated to the priority date for the Tribal Water 

25 Right; and 


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1 (B) either— 

2 (i) the Tribe moves forward with the 

3 Phase I Reservoir described in section 

4 3.4.B.(1) of the 2007 Agreement; or 

5 (ii) if the Tribe selects a substitute 

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

7 2007 Agreement, either— 

8 (I) the Parties agree on Oper9 ation Rules; or 

10 (II) the Secretary determines, in 

11 the discretion of the Secretary, that 

12 the Parties have reached an impasse 

13 in attempting to negotiate the Oper14 ation Rules. 

15 (3) MODIFICATIONS.—Nothing in this Act pro16 hibits the Secretary, after execution of the 2007 

17 Agreement, from approving any modification to the 

18 2007 Agreement, including any exhibit to the 2007 

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

20 extent that the modification does not otherwise re21 quire congressional approval under section 2116 of 

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

23 applicable provision of Federal law. 

24 (c) ENVIRONMENTAL COMPLIANCE.— 


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

2 Agreement and this Act, the Secretary shall comply 

3 with all applicable provisions of— 

4 (A) the Endangered Species Act of 1973 

5 (16 U.S.C. 1531 et seq.); 

6 (B) the National Environmental Policy Act 

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

8 implementing regulations of that Act; and 

9 (C) other applicable Federal environmental 

10 laws and regulations. 

11 (2) COMPLIANCE.— 

12 (A) IN GENERAL.—In implementing the 

13 2007 Agreement and this Act, the Tribe shall 

14 prepare any necessary environmental docu15 ments, consistent with all applicable provisions 

16 of— 

17 (i) the Endangered Species Act of 

18 1973 (16 U.S.C. 1531 et seq.); 

19 (ii) the National Environmental Policy 

20 Act of 1969 (42 U.S.C. 4231 et seq.), in21 cluding the implementing regulations of 

22 that Act; and 

23 (iii) all other applicable Federal envi24 ronmental laws and regulations. 


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1 (B) AUTHORIZATIONS.—The Secretary 

2 shall— 

3 (i) independently evaluate the docu4 mentation submitted under subparagraph 

5 (A); and 

6 (ii) be responsible for the accuracy, 

7 scope, and contents of that documentation. 

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

9 the 2007 Agreement by the Secretary under this sec10 tion shall not constitute a major Federal action for 

11 purposes of the National Environmental Policy Act 

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

13 (4) COSTS.—Any costs associated with the per14 formance of the compliance activities under this sub15 section shall be paid from funds deposited in the 

16 Trust Fund, subject to the condition that any costs 

17 associated with the performance of Federal approval 

18 or other review of such compliance work or costs as19 sociated with inherently Federal functions shall re20 main the responsibility of the Secretary. 

21 SEC. 5. TRIBAL WATER RIGHT. 

22 (a) CONFIRMATION OF TRIBAL WATER RIGHT.— 

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

24 ratified, confirmed, and declared valid. 


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1 (2) QUANTIFICATION.—The Tribal Water Right 

2 includes the right to divert and use or permit the di3 version and use of up to 5,828 acre-feet per year of 

4 surface water from the South Fork Tule River, as 

5 described in the 2007 Agreement and as confirmed 

6 in the decree entered by the Court pursuant to sub7 sections (b) and (c) of section 12. 

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

9 of the Tribal Water Right shall be subject to the 

10 terms and conditions of the 2007 Agreement and 

11 this Act. 

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

13 Tribal Water Right— 

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

15 for the use and benefit of the Tribe in accordance 

16 with this Act; and 

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

18 forfeiture, abandonment, or other operation of law. 

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

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

21 have the authority to allocate and distribute the 

22 Tribal Water Right for use on the Reservation in ac23 cordance with the 2007 Agreement, this Act, and 

24 applicable Federal law. 

25 (d) ADMINISTRATION.— 


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1 (1) NO ALIENATION.—The Tribe shall not per2 manently alienate any portion of the Tribal Water 

3 Right. 

4 (2) PURCHASES OR GRANTS OF LAND FROM IN5 DIANS.—An authorization provided by this Act for 

6 the allocation, distribution, leasing, or other ar7 rangement entered into pursuant to this Act shall be 

8 considered to satisfy any requirement for authoriza9 tion of the action by treaty or convention imposed by 

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

11 177). 

12 (3) PROHIBITION ON FORFEITURE.—The non13 use of all or any portion of the Tribal Water Right 

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

15 abandonment, relinquishment, or other loss of all or 

16 any portion of the Tribal Water Right. 

17 SEC. 6. TULE RIVER TRIBE TRUST ACCOUNTS. 

18 (a) ESTABLISHMENT.—The Secretary shall establish 

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

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

21 distributed by the Secretary and to remain available until 

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

23 the Treasury, consisting of the amounts deposited in the 

24 Trust Fund under subsection (c), together with any interVerDate Sep 11 2014 00:05 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S306.IS S306

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1 est earned on those amounts, for the purpose of carrying 

2 out this Act. 

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

4 Trust Fund the following Accounts: 

5 (1) The Tule River Tribe Water Development 

6 Projects Account. 

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

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

9 (1) in the Tule River Tribe Water Development 

10 Projects Account established under subsection 

11 (b)(1), the amounts made available pursuant to sec12 tion 7(a)(1); and 

13 (2) in the Tule River Tribe OM&R Account es14 tablished under subsection (b)(2), the amounts made 

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

16 (d) MANAGEMENT AND INTEREST.— 

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

18 funds into the accounts in the Trust Fund pursuant 

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

20 and distribute all amounts in the Trust Fund in ac21 cordance with the investment authority of the Sec22 retary under— 

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

24 1938 (52 Stat. 1037, chapter 648; 25 U.S.C. 

25 162a); 


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1 (B) the American Indian Trust Fund Man2 agement Reform Act of 1994 (25 U.S.C. 4001 

3 et seq.); and 

4 (C) this section. 

5 (2) INVESTMENT EARNINGS.—In addition to 

6 the deposits under subsection (c), any investment 

7 earnings, including interest, credited to amounts 

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

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

10 (e) AVAILABILITY OF AMOUNTS.— 

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

12 and deposited in, the Trust Fund, including any in13 vestment earnings, including interest, shall be made 

14 available to the Tribe by the Secretary beginning on 

15 the Enforceability Date and subject to the require16 ments set forth in this section, except for funds to 

17 be made available to the Tribe pursuant to para18 graph (2). 

19 (2) USE OF CERTAIN FUNDS.—Notwithstanding 

20 paragraph (1), $20,000,000 of the amounts depos21 ited in the Tule River Tribe Water Development 

22 Projects Account shall be made available to conduct 

23 technical studies and related investigations regarding 

24 the Phase I Reservoir and to establish appropriate 

25 Operation Rules. 


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1 (f) WITHDRAWALS.— 

2 (1) WITHDRAWALS UNDER THE AMERICAN IN3 DIAN TRUST FUND MANAGEMENT REFORM ACT OF

4 1994.— 

5 (A) IN GENERAL.—The Tribe may with6 draw any portion of the amounts in the Trust 

7 Fund on approval by the Secretary of a Tribal 

8 management plan submitted by the Tribe in ac9 cordance with the American Indian Trust Fund 

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

11 4001 et seq.). 

12 (B) REQUIREMENTS.—In addition to the 

13 requirements under the American Indian Trust 

14 Fund Management Reform Act of 1994 (25 

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

16 plan under this paragraph shall require that the 

17 Tribe shall spend all amounts withdrawn from 

18 the Trust Fund, and any investment earnings 

19 accrued through the investments under the 

20 Tribal management plan, in accordance with 

21 this Act. 

22 (C) ENFORCEMENT.—The Secretary may 

23 carry out such judicial and administrative ac24 tions as the Secretary determines to be nec25 essary to enforce the Tribal management plan 


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1 under this paragraph to ensure that amounts 

2 withdrawn by the Tribe from the Trust Fund 

3 under this paragraph are used in accordance 

4 with this Act. 

5 (2) WITHDRAWALS UNDER EXPENDITURE

6 PLAN.— 

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

8 to the Secretary a request to withdraw amounts 

9 from the Trust Fund pursuant to an approved 

10 expenditure plan. 

11 (B) REQUIREMENTS.—To be eligible to 

12 withdraw amounts under an expenditure plan 

13 under this paragraph, the Tribe shall submit to 

14 the Secretary an expenditure plan for any por15 tion of the Trust Fund that the Tribe elects to 

16 withdraw pursuant to this subparagraph, sub17 ject to the condition that the amounts shall be 

18 used for the purposes described in this Act. 

19 (C) INCLUSIONS.—An expenditure plan 

20 under this paragraph shall include a description 

21 of the manner and purpose for which the 

22 amounts proposed to be withdrawn from the 

23 Trust Fund will be used by the Tribe in accord24 ance with subsections (e) and (h). 


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1 (D) APPROVAL.—The Secretary shall ap2 prove an expenditure plan submitted under this 

3 paragraph if the Secretary determines that the 

4 plan— 

5 (i) is reasonable; and 

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

7 for, the purposes of this Act. 

8 (E) ENFORCEMENT.—The Secretary may 

9 carry out such judicial and administrative ac10 tions as the Secretary determines to be nec11 essary to enforce an expenditure plan to ensure 

12 that amounts disbursed under this paragraph 

13 are used in accordance with this Act. 

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

15 gives the Tribe the right to judicial review of a determina16 tion of the Secretary relating to whether to approve a 

17 Tribal management plan under subsection (f)(1) or an ex18 penditure plan under subsection (f)(2) except under sub19 chapter II of chapter 5, and chapter 7, of title 5, United 

20 States Code (commonly known as the ‘‘Administrative 

21 Procedure Act’’). 

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

23 be used by the Tribe for the following purposes: 

24 (1) The Tule River Tribe Water Development 

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


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1 and construct Water Development Projects on the 

2 Tule River Reservation, and for the conduct of re3 lated activities, including for environmental compli4 ance in the development and construction of projects 

5 under this Act. 

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

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

8 Projects. 

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

10 the Treasury shall not be liable for the expenditure or in11 vestment of any amounts withdrawn from the Trust Fund 

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

13 (f). 

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

15 over, and operation of any project constructed using funds 

16 from the Trust Fund shall remain in the Tribe. 

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

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

19 from the Trust Fund shall be the responsibility of the 

20 Tribe. 

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

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

23 to any member of the Tribe. 

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

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1 port describing accomplishments and amounts spent from 

2 use of withdrawals under a Tribal management plan or 

3 an expenditure plan under this Act. 

4 SEC. 7. FUNDING. 

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

6 otherwise appropriated, the Secretary of the Treasury 

7 shall transfer to the Secretary— 

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

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

10 available until expended, withdrawn, or reverted to 

11 the general fund of the Treasury; and 

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

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

14 withdrawn, or reverted to the general fund of the 

15 Treasury. 

16 (b) FLUCTUATION IN COSTS.— 

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

18 be appropriated under subsection (a) shall be in19 creased or decreased, as appropriate, by such 

20 amounts as may be justified by reason of ordinary 

21 fluctuations in costs occurring after November 1, 

22 2020, as indicated by the Bureau of Reclamation 

23 Construction Cost Index—Composite Trend. 

24 (2) CONSTRUCTION COSTS ADJUSTMENT.—The 

25 amounts authorized to be appropriated under subVerDate Sep 11 2014 00:05 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S306.IS S306

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1 section (a) shall be adjusted to address construction 

2 cost changes necessary to account for unforeseen 

3 market volatility that may not otherwise be captured 

4 by engineering cost indices as determined by the 

5 Secretary, including repricing applicable to the types 

6 of construction and current industry standards in7 volved. 

8 (3) REPETITION.—The adjustment process 

9 under this subsection shall be repeated for each sub10 sequent amount appropriated until the amount au11 thorized, as adjusted, has been appropriated. 

12 (4) PERIOD OF INDEXING.—The period of in13 dexing adjustment under this subsection for any in14 crement of funding shall end on the date on which 

15 the funds are deposited into the Trust Fund. 

16 SEC. 8. TRANSFER OF LAND INTO TRUST. 

17 (a) TRANSFER OF LAND TO TRUST.— 

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

19 rights, and the requirements of this subsection, all 

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

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

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

23 Tribe as part of the Reservation upon the Enforce24 ability Date, provided that the Tribal fee land de25 scribed in paragraph (2)(C)— 


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

2 or other infirmities; and 

3 (B) has no existing evidence of any haz4 ardous substances or other environmental liabil5 ity. 

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

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

8 (A) BUREAU OF LAND MANAGEMENT

9 LANDS.— 

10 (i) Approximately 26.15 acres of land 

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

12 9. 

13 (ii) Approximately 85.50 acres of land 

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

15 6 and 7. 

16 (iii) Approximately 38.77 acres of 

17 land located in— 

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

19 Lot 1; and 

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

21 Lots 6 and 7. 

22 (iv) Approximately 154.9 acres of land 

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

N1⁄4SW1⁄4 and SW1⁄4SW1 24 ⁄4, Lots 2 and 3. 


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1 (v) Approximately 40.00 acres of land 

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

NE1⁄4SE1 3 ⁄4. 

4 (vi) Approximately 375.17 acres of 

5 land located in— 

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

S1⁄2NE1⁄4, N1⁄2SE1⁄4, and SE1⁄4SE1 7 ⁄4, 

8 Lots 3, 4, and 6; and 

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

S1⁄2NE1 10 ⁄4, Lots 6 and 7. 

11 (vii) Approximately 60.43 acres of 

12 land located in— 

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

SW1⁄4SW1 14 ⁄4; and 

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

16 Lot 9. 

17 (viii) Approximately 15.48 acres of 

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

in that portion of the NW1 19 ⁄4 lying between 

20 Lots 8 and 9. 

21 (ix) Approximately 29.26 acres of 

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

23 Lot 7. 

24 (B) FOREST SERVICE LANDS.—Approxi25 mately 9,037 acres of land comprising the headVerDate Sep 11 2014 00:05 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S306.IS S306

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1 waters area of the South Fork Tule River wa2 tershed located east of and adjacent to the Tule 

3 River Indian Reservation, and more particularly 

4 described as follows: 

5 (i) Commencing at the northeast cor6 ner of the Tule River Indian Reservation 

7 in T. 21 S., R. 31 E., sec. 16, Mount Dia8 blo Base and Meridian, running thence 

9 east and then southeast along the ridge of 

10 mountains dividing the waters of the South 

11 Fork of the Tule River and Middle Fork of 

12 the Tule River, continuing south and then 

13 southwest along the ridge of mountains di14 viding the waters of the South Fork of the 

15 Tule River and the Upper Kern River until 

16 intersecting with the southeast corner of 

17 the Tule River Indian Reservation in T. 22 

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

19 point north along the eastern boundary of 

20 the Tule River Indian Reservation to the 

21 place of beginning. 

22 (ii) The area encompasses— 

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

24 35, and portions of secs. 13, 14, 15, 


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1 16, 21, 24, 25, 28, 33, and 36, in T. 

2 21 S., R. 31 E.; and 

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

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

5 16, 21, 22, 27, and 28, in T. 22 S., 

6 R. 31 E. 

7 (C) TRIBALLY OWNED FEE LANDS.— 

8 (i) Approximately 300 acres of land 

9 known as the McCarthy Ranch and more 

10 particularly described as follows: 

(I) The SW1 11 ⁄4 and that portion 

of the SE1 12 ⁄4 of sec. 9 in T. 22 S., R. 

13 29 E., Mount Diablo Base and Merid14 ian, in the County of Tulare, State of 

15 California, according to the official 

16 plat thereof, lying south and west of 

17 the center line of the South Fork of 

18 the Tule River, as such river existed 

19 on June 9, 1886, in the County of 

20 Tulare, State of California; excepting 

21 therefrom an undivided one-half inter22 est in and to the oil, gas, minerals, 

23 and other hydrocarbon substances in, 

24 on, or under such land, as reserved by 

25 Alice King Henderson, a single 


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1 woman, by Deed dated January 22, 

2 1959, and Recorded February 18, 

3 1959, in Book 2106, page 241, Tulare 

4 County Official Records. 

5 (II) An easement over and across 

that portion of the SW1 6 ⁄4 of sec. 10 in 

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

8 Base and Meridian, County of Tulare, 

9 State of California, more particularly 

10 described as follows: 

11 (aa) Beginning at the inter12 section of the west line of the 

SW1 13 ⁄4 of sec. 10, and the south 

14 bank of the South Tule Inde15 pendent Ditch; thence south 20 

16 rods; thence in an easterly direc17 tion, parallel with such ditch, 80 

18 rods; thence north 20 rods, 

19 thence westerly along the south 

20 bank of such ditch 80 rods to the 

21 point of beginning; for the pur22 pose of— 

23 (AA) maintaining 

24 thereon an irrigation ditch 

25 between the headgate of the 


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1 King Ditch situated on such 

land and the SW1 2 ⁄4 and that 

portion of the SE1 3 ⁄4 of sec. 

4 9 in T. 22 S., R. 29 E., 

5 lying south and west of the 

6 centerline of the South Fork 

7 of the Tule River, as such 

8 river existed on June 9, 

9 1886, in the County of 

10 Tulare, State of California; 

11 and 

12 (BB) conveying there13 through water from the 

14 South Fork of the Tule 

River to the SW1 15 ⁄4 and that 

portion of the SE1 16 ⁄4 of sec. 

17 9 in T. 22 S., R. 29 E., 

18 lying south and west of the 

19 centerline of the South Fork 

20 of the Tule River, as such 

21 river existed on June 9, 

22 1886. 

23 (bb) The easement described 

24 in item (aa) shall follow the exist25 ing route of the King Ditch. 


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1 (ii) Approximately 640 acres of land 

2 known as the Pierson/Diaz property in T. 

3 22 S., R. 29 E., sec. 16, Mount Diablo 

4 Base and Meridian, in the County of 

5 Tulare, State of California, according to 

6 the official plat thereof. 

7 (iii) Approximately 375.44 acres of 

8 land known as the Hyder property and 

9 more particularly described as follows: 

(I) That portion of the S1 10 ⁄2 of 

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

12 Diablo Base and Meridian, in the 

13 County of Tulare, State of California, 

14 according to the official plat thereof, 

15 lying south of the County Road known 

16 as Reservation Road, excepting there17 from an undivided one-half interest in 

18 all oil, gas, minerals, and other hydro19 carbon substances as reserved in the 

20 deed from California Lands, Inc., to 

21 Lovell J. Wilson and Genevieve P. 

22 Wilson, recorded February 17, 1940, 

23 in book 888, page 116, Tulare County 

24 Official Records. 


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(II) The NW1 1 ⁄4 of sec. 13 in T. 

2 22 S., R. 28 E., Mount Diablo Base 

3 and Meridian, in the County of 

4 Tulare, State of California, according 

5 to the official plat thereof, excepting 

6 therefrom the south 1200 feet thereof. 

7 (III) The south 1200 feet of the 

NW1 8 ⁄4 of sec. 13 in T. 22 S., R. 28 

9 E., Mount Diablo Base and Meridian, 

10 in the County of Tulare, State of Cali11 fornia, according to the official plat 

12 thereof. 

13 (iv) Approximately 157.22 acres of 

14 land situated in the unincorporated area of 

15 the County of Tulare, State of California, 

16 known as the Trailor property, and more 

17 particularly described as follows: The 

SW1 18 ⁄4 of sec. 11 in T. 22 S., R. 28 E., 

19 Mount Diablo Base and Meridian, in the 

20 unincorporated area of the County of 

21 Tulare, State of California, according to 

22 the official plat thereof. 

23 (v) Approximately 89.45 acres of land 

24 known as the Tomato Patch in that portion of the SE1 25 ⁄4 of sec. 11 in T. 22 S., R. 


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•S 306 IS

1 28 E., Mount Diablo Base and Meridian, 

2 in the County of Tulare, State of Cali3 fornia, according to the Official Plat of the 

4 survey of such land on file in the Bureau 

5 of Land Management at the date of the 

6 issuance of the patent thereof, and more 

7 particularly described as follows: Beginning 

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

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

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

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

12 84° 30’ west 456 feet, thence north 65° 

13 28’ west 800 feet, thence north 68° 44’ 

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

15 700 feet, thence south 56° 41’ west 240 

feet to the west line of the SE1 16 ⁄4 of such 

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

such west line of the SE1 18 ⁄4 of sec. 11, 

19 thence west 1427 feet to the southwest 

corner of such SE1 20 ⁄4 of sec. 11, thence 

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

22 of beginning, excepting therefrom— 

23 (I) a strip of land 25 feet in 

24 width along the northerly and east 

25 sides and used as a County Road; and 


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•S 306 IS

1 (II) an undivided one-half inter2 est in all oil, gas, and minerals in and 

3 under such lands, as reserved in the 

4 Deed from Bank of America, a cor5 poration, dated August 14, 1935, filed 

6 for record August 28, 1935, Fee Book 

7 11904. 

8 (vi) Approximately 160 acres of land 

known as the Smith Mill in the NW1 9 ⁄4 of 

the NE1⁄4, the N1⁄2 of the NW1 10 ⁄4, and the 

SE1⁄4 of the NW1 11 ⁄4 of sec. 20 in T. 21 S., 

12 R. 31 E., Mount Diablo Base and Merid13 ian, in the County of Tulare, State of Cali14 fornia, according to the official plat there15 of. 

16 (vii) Approximately 35 acres of land 

17 located within the exterior boundaries of 

18 the Tule River Reservation known as the 

19 Highway 190 parcel, with the legal de20 scription as follows: That portion of T. 21 

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

22 and Meridian, in the County of Tulare, 

23 Sate of California, according to the official 

24 plat thereof, and more particularly de25 scribed as follows: Commencing at a point 


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•S 306 IS

in the south line of the N1⁄2 of the S1 1 ⁄2 of 

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

3 54’ 47’’ east, 1500.00 feet of the southwest corner of such N1 4 ⁄2, thence north 52° 

5 41’ 17’’ east, 1602.80 feet to the true 

6 point of beginning of the parcel to be de7 scribed, thence north 32° 02’ 00’’ west, 

8 1619.53 feet to a point in the southeast9 erly line of State Highway 190 per deeds 

10 recorded May 5, 1958, in Book 2053, 

11 pages 608 and 613, Tulare County Official 

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

13 232.29 feet, thence north 66° 33’ 24’’ east, 

14 667.51 fee, thence departing the southeast15 erly line of such Highway 190, south 44° 

16 53’ 27’’ east, 913.62 feet, thence south 85° 

17 53’ 27’’ east, 794.53 feet, thence south 52° 

18 41’ 17’’ west, 1744.64 feet to the true 

19 point of beginning. 

20 (viii) Approximately 61.91 acres of 

21 land located within the exterior boundaries 

22 of the Tule River Reservation known as 

23 the Shan King property, with the legal de24 scription as follows: 


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•S 306 IS

1 (I) Parcel 1: Parcel No. 1 of par2 cel map no. 4028 in the County of 

3 Tulare, State of California, as per the 

4 map recorded in Book 41, page 32 of 

5 Tulare County Records. 

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

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

8 Diablo Base and Meridian, in the 

9 County of Tulare, State of California, 

10 described as follows: Commencing at a 

point in the south line of the N1 11 ⁄2 of 

the S1 12 ⁄2 of such sec. 19, such point 

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

14 feet of the southwest corner of such 

N1 15 ⁄2, thence north 52° 41’ 06’’ east, 

16 1602.80 feet to the southwesterly cor17 ner of the 40.00 acre parcel shown on 

18 the Record of Survey recorded in 

19 Book 18, page 17, of Licensed Sur20 veys, Tulare County Records, thence, 

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

22 along the southwesterly line of such 

23 40.00 acre parcel to the true point of 

24 beginning of the parcel to be de25 scribed, thence, continuing north 32° 


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•S 306 IS

1 01’ 28’’ west, 1075.50 feet to the 

2 northwesterly corner of such 40.00 

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

4 east, 232.31 feet along the southeast5 erly line of State Highway 190, 

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

7 feet, thence, departing the southeast8 erly line of State Highway 190 south 

9 29° 27’ 29’’ east, 884.73 feet, thence 

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

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

12 feet to the true point of beginning. 

13 (bb) The property described in 

14 item (aa) is subject to a 100 foot min15 imum building setback from the right16 of-way of Highway 190. 

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

18 21 S., R. 29 E., sec. 19, Mount Dia19 blo Base and Meridian, County of 

20 Tulare, State of California, described 

21 as follows: Beginning at a point in the 

south line of the N1⁄2 of the S1 22 ⁄2 of 

23 such sec. 19, such point being south 

24 89° 54’ 47’’ east, 1500.00 feet of the 

southwest corner of such N1 25 ⁄2, thence 


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•S 306 IS

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

2 thence north 40° 00’ 00’’ west, 

3 850.00 feet to a point in the south4 easterly line of State Highway 190, 

5 per deeds recorded May 5, 1958, in 

6 Book 2053, pages 608 and 613, 

7 Tulare County Official Records, 

8 thence, north 57° 58’ 00’’ east, 

9 941.46 feet, along the southeasterly 

10 line of such Highway 190, thence de11 parting the southeasterly line of such 

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

13 1619.53 feet, thence south 52° 41’ 

14 17’’ west, 1602.80 feet to the point of 

15 beginning, together with a three-quarters (3 16 ⁄4) interest in a water system, 

17 as set forth in that certain water sys18 tem and maintenance agreement re19 corded April 15, 2005, as document 

20 no. 2005–0039177. 

21 (ix) Approximately 18.44 acres of 

22 land located within the exterior boundaries 

23 of the Tule River Reservation known as 

24 the Parking Lot 4 parcel with the legal de25 scription as follows: That portion of the 


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•S 306 IS

1 land described in that Grant Deed to Tule 

2 River Indian Tribe, recorded June 1, 2010, 

3 as document number 2010–0032879, 

4 Tulare County Official Records, lying with5 in the following described parcel: beginning 

at a point on the east line of the NW1 6 ⁄4 of 

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

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

1670.53 feet from the N1 9 ⁄4 corner of such 

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

11 46.50 feet; thence (2) north 0° 49’ 43’’ 

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

13 00’’ west, 76.67 feet to the south line of 

14 State Route 190 as described in that 

15 Grant Deed to the State of California, re16 corded February 14, 1958, in Volume 

17 2038, page 562, Tulare County Official 

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

73.59 feet to the north line of the SE1 19 ⁄4 of 

the NW1 20 ⁄4 of such sec. 3; thence (5) south 

21 89° 37’ 32’’ east, along such north line, 

22 89.77 feet to the center-north sixteenth 

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

24 49’ 43’’ west, along such east line of the 

NW1 25 ⁄4 of such sec. 3, a distance of 222.06 


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•S 306 IS

1 feet to the point of beginning. Containing 

2 0.08 acres, more or less, in addition to 

3 that portion lying within Road 284. To4 gether with the underlying fee interest, if 

5 any, contiguous to the above-described 

6 property in and to Road 284. This convey7 ance is made for the purpose of a freeway 

8 and the grantor hereby releases and relin9 quishes to the grantee any and all 

10 abutter’s rights including access rights, ap11 purtenant to grantor’s remaining property, 

12 in and to such freeway. Reserving however, 

13 unto grantor, grantor’s successors or as14 signs, the right of access to the freeway 

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

16 above described. The bearings and dis17 tances used in this description are on the 

18 California Coordinate System of 1983, 

19 Zone 4. Divide distances by 0.999971 to 

20 convert to ground distances. 

21 (b) TERMS AND CONDITIONS.— 

22 (1) EXISTING AUTHORIZATIONS.—Any Federal 

23 land transferred under this section shall be conveyed 

24 and taken into trust subject to valid existing rights, 

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


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•S 306 IS

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

2 right-of-way requests an earlier termination in ac3 cordance with existing law. The Bureau of Indian 

4 Affairs shall assume all benefits and obligations of 

5 the previous land management agency under such 

6 existing rights, contracts, leases, permits, or rights7 of-way, and shall disburse to the Tribe any amounts 

8 that accrue to the United States from such rights, 

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

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

11 rental relating to that land in the same manner as 

12 amounts received from other land held by the Sec13 retary in trust for the Tribe. 

14 (2) IMPROVEMENTS.—Any improvements con15 stituting personal property, as defined by State law, 

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

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

18 this section shall remain the property of the holder 

19 and shall be removed not later than 90 days after 

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

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

22 holder agree otherwise. Any such property remaining 

23 beyond the 90-day period shall become the property 

24 of the Tribe and shall be subject to removal and dis25 position at the Tribe’s discretion. The holder shall 


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•S 306 IS

1 be liable for the costs the Tribe incurs in removing 

2 and disposing of the property. 

3 (c) WITHDRAWAL OF FEDERAL LANDS.— 

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

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

6 all Federal lands within the parcels described in sub7 section (a)(2) are withdrawn from all forms of— 

8 (A) entry, appropriation, or disposal under 

9 the public land laws; 

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

11 mining laws; and 

12 (C) disposition under all laws pertaining to 

13 mineral and geothermal leasing or mineral ma14 terials. 

15 (2) EXPIRATION.—The withdrawals pursuant to 

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

17 Secretary takes the lands into trust for the benefit 

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

19 (d) TECHNICAL CORRECTIONS.—Notwithstanding 

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

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

22 make technical corrections to the legal land descriptions 

23 to more specifically identify the parcels to be exchanged. 

24 (e) SURVEY.— 


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•S 306 IS

1 (1) Unless the United States or the Tribe re2 quests an additional survey for the transferred land 

3 or a technical correction is made under subsection 

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

5 be controlling. 

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

7 an additional survey, that survey shall control the 

8 total acreage to be transferred into trust under this 

9 section. 

10 (3) The Secretary or the Secretary of Agri11 culture shall provide such assistance as may be ap12 propriate— 

13 (A) to conduct additional surveys of the 

14 transferred land; and 

15 (B) to satisfy administrative requirements 

16 necessary to accomplish the land transfers 

17 under this section. 

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

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

20 later than 10 years after the Enforceability Date. 

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

22 trust pursuant to this section shall not be considered to 

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

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


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•S 306 IS

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

2 U.S.C. 2703)). 

3 (h) STATUS OF WATER RIGHTS ON TRANSFERRED

4 LANDS.—Any water rights associated with lands trans5 ferred pursuant to subparagraphs (A) through (C) of sub6 section (a)(2) shall be held in trust for the Tribe but shall 

7 not be included in the Tribal Water Right. 

8 SEC. 9. SATISFACTION OF CLAIMS. 

9 The benefits provided under this Act shall be in com10 plete replacement of, complete substitution for, and full 

11 satisfaction of any claim of the Tribe against the United 

12 States that is waived and released by the Tribe under sec13 tion 10(a). 

14 SEC. 10. WAIVERS AND RELEASES OF CLAIMS. 

15 (a) IN GENERAL.— 

16 (1) WAIVERS AND RELEASES OF CLAIMS BY

17 THE TRIBE AND THE UNITED STATES AS TRUSTEE

18 FOR THE TRIBE.—Subject to the reservation of 

19 rights and retention of claims set forth in subsection 

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

21 Tribal Water Right and other benefits described in 

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

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

24 execute a waiver and release of all claims for the fol25 lowing: 


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•S 306 IS

1 (A) All claims for water rights within the 

2 State of California based on any and all legal 

3 theories that the Tribe or the United States 

4 acting as trustee for the Tribe, asserted or 

5 could have asserted in any proceeding, including 

6 a general stream adjudication, on or before the 

7 Enforceability Date, except to the extent that 

8 such rights are recognized in the 2007 Agree9 ment and this Act. 

10 (B) All claims for damages, losses, or inju11 ries to water rights or claims of interference 

12 with, diversion, or taking of water rights (in13 cluding claims for injury to lands resulting from 

14 such damages, losses, injuries, interference 

15 with, diversion, or taking of water rights) with16 in California against the State, or any person, 

17 entity, corporation, or municipality, that ac18 crued at any time up to and including the En19 forceability Date. 

20 (2) WAIVER AND RELEASE OF CLAIMS BY THE

21 TRIBE AGAINST THE UNITED STATES.—Subject to 

22 the reservation of rights and retention of claims 

23 under subsection (c), the Tribe shall execute a waiv24 er and release of all claims against the United 

25 States (including any agency or employee of the 


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•S 306 IS

1 United States) for water rights within the State of 

2 California first arising before the Enforceability 

3 Date relating to— 

4 (A) water rights within the State of Cali5 fornia that the United States, acting as trustee 

6 for the Tribe, asserted or could have asserted in 

7 any proceeding, including a general stream ad8 judication, except to the extent that such rights 

9 are recognized as part of the Tribal Water 

10 Right under this Act; 

11 (B) foregone benefits from nontribal use of 

12 water, on and off the Reservation (including 

13 water from all sources and for all uses); 

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

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

16 water or water rights (including damages, 

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

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

19 rights, claims relating to interference with, di20 version, or taking of water, or claims relating to 

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

22 water, water rights, or water infrastructure) 

23 within the State of California; 


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•S 306 IS

1 (D) a failure to establish or provide a mu2 nicipal rural or industrial water delivery system 

3 on the Reservation; 

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

5 rights, land, or natural resources due to con6 struction, operation, and management of irriga7 tion projects on the Reservation and other Fed8 eral land and facilities (including damages, 

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

10 wildlife habitat); 

11 (F) failure to provide for operation, main12 tenance, or deferred maintenance for any irriga13 tion system or irrigation project; 

14 (G) failure to provide a dam safety im15 provement to a dam on the Reservation; 

16 (H) the litigation of claims relating to any 

17 water rights of the Tribe within the State of 

18 California; 

19 (I) the negotiation, execution, or adoption 

20 of the 2007 Agreement (including exhibits A– 

21 F) and this Act; 

22 (J) the negotiation, execution, or adoption 

23 of operational rules referred to in article 3.4 of 

24 the 2007 Agreement in connection with any res25 ervoir locations, including any claims related to 


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•S 306 IS

1 the resolution of operational rules pursuant to 

2 the dispute resolution processes set forth in the 

3 article 8 of the 2007 Agreement, including 

4 claims arising after the Enforceability Date; 

5 and 

6 (K) claims related to the creation or reduc7 tion of the Reservation, including any claims re8 lating to the failure to ratify any treaties and 

9 any claims that any particular lands were in10 tended to be set aside as a permanent homeland 

11 for the Tribe but were not included as part of 

12 the present Reservation. 

13 (b) EFFECTIVENESS.—The waivers and releases 

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

15 Date. 

16 (c) RESERVATION OF RIGHTS AND RETENTION OF

17 CLAIMS.—Notwithstanding the waivers and releases under 

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

19 as trustee for the Tribe, shall retain— 

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

21 claims accruing after the Enforceability Date relat22 ing to water rights recognized under the 2007 

23 Agreement, any final court decree entered in the 

24 Federal District Court for the Eastern District of 

25 California, or this Act; 


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•S 306 IS

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

2 protect water rights acquired after the date of enact3 ment of this Act; 

4 (3) claims regarding the quality of water 

5 under— 

6 (A) the Comprehensive Environmental Re7 sponse, Compensation, and Liability Act of 

8 1980 (42 U.S.C. 9601 et seq.), including claims 

9 for damages to natural resources; 

10 (B) the Safe Drinking Water Act (42 

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

12 (C) the Federal Water Pollution Control 

13 Act (33 U.S.C. 1251 et seq.) (commonly re14 ferred to as the ‘‘Clean Water Act’’); and 

15 (D) any regulations implementing the Acts 

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

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

18 or natural resources that are not due to loss of 

19 water or water rights, including hunting, fishing, 

20 gathering, or cultural rights; and 

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

22 and powers not specifically waived and released pur23 suant to this Act or the 2007 Agreement. 

24 (d) EFFECT OF 2007 AGREEMENT AND ACT.—Noth25 ing in the 2007 Agreement or this Act— 


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

2 the laws of the Tribe, including with respect to envi3 ronmental protections or reduces or extends the sov4 ereignty (including civil and criminal jurisdiction) of 

5 any government entity; 

6 (2) affects the ability of the United States, act7 ing as sovereign, to carry out any activity authorized 

8 by law, including— 

9 (A) the Comprehensive Environmental Re10 sponse, Compensation, and Liability Act of 

11 1980 (42 U.S.C. 9601 et seq.); 

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.); 

16 (D) the Solid Waste Disposal Act (42 

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

18 (E) any regulations implementing the Acts 

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

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

21 act as trustee for any other Indian Tribe or an 

22 allotee of any other Indian Tribe; 

23 (4) confers jurisdiction on any State court— 

24 (A) to interpret Federal law relating to 

25 health, safety, or the environment; 


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1 (B) to determine the duties of the United 

2 States or any other party under Federal law re3 garding health, safety, or the environment; 

4 (C) to conduct judicial review of any Fed5 eral agency action; or 

6 (D) to interpret Tribal law; or 

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

8 in an individual capacity that does not derive from 

9 a right of the Tribe. 

10 (e) TOLLING OF CLAIMS.— 

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

12 limitation and time-based equitable defense relating 

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

14 the period beginning on the date of enactment of 

15 this Act and ending on the Enforceability Date. 

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

17 subsection revives any claim or tolls any period of 

18 limitation or time-based equitable defense that ex19 pired before the date of enactment of this Act. 

20 (3) LIMITATION.—Nothing in this section pre21 cludes the tolling of any period of limitations or any 

22 time-based equitable defense under any other appli23 cable law. 

24 (f) EXPIRATION.— 


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

2 case in which the Secretary fails to publish a state3 ment of findings under section 11 by not later 

4 than— 

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

6 this Act; or 

7 (B) such alternative later date as is agreed 

8 to by the Tribe and the Secretary, after pro9 viding reasonable notice to the State of Cali10 fornia. 

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

12 paragraph (1)— 

13 (A) the waivers and releases under sub14 section (a) shall— 

15 (i) expire; and 

16 (ii) have no further force or effect; 

17 (B) the authorization, ratification, con18 firmation, and execution of the 2007 Agreement 

19 under section 4 shall no longer be effective; 

20 (C) any action carried out by the Sec21 retary, and any contract or agreement entered 

22 into pursuant to this Act, shall be void; 

23 (D) any unexpended Federal funds appro24 priated or made available to carry out the ac25 tivities authorized by this Act, together with 


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1 any interest earned on those funds, and any 

2 water rights or contracts to use water and title 

3 to other property acquired or constructed with 

4 Federal funds appropriated or made available 

5 to carry out the activities authorized by this Act 

6 shall be returned to the Federal Government, 

7 unless otherwise agreed to by the Tribe and the 

8 United States and approved by Congress; and 

9 (E) except for Federal funds used to ac10 quire or construct property that is returned to 

11 the Federal Government under subparagraph 

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

13 any Federal funds made available to carry out 

14 this Act that were expended or withdrawn, or 

15 any funds made available to carry out this Act 

16 from other Federal authorized sources, together 

17 with any interest accrued on those funds, 

18 against any claims against the United States— 

19 (i) relating to— 

20 (I) water rights in the State of 

21 California asserted by— 

22 (aa) the Tribe; or 

23 (bb) any user of the Tribal 

24 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. 

Æ 


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