```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1219 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1219

To authorize the Pechanga Band of Luiseno Mission Indians Water Rights 
                  Settlement, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 25, 2013

 Mrs. Boxer (for herself and Mrs. Feinstein) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

_______________________________________________________________________

                                 A BILL

 
To authorize the Pechanga Band of Luiseno Mission Indians Water Rights 
                  Settlement, and for other purposes.

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

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Pechanga Band of 
Luiseno Mission Indians Water Rights Settlement Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Approval of the Pechanga Settlement Agreement.
Sec. 5. Tribal Water Right.
Sec. 6. Satisfaction of claims.
Sec. 7. Waiver of claims.
Sec. 8. Water facilities.
Sec. 9. Pechanga Settlement Fund.
Sec. 10. Miscellaneous provisions.
Sec. 11. Authorization of appropriations.
Sec. 12. Repeal on failure of enforceability date.
Sec. 13. Antideficiency.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to achieve a fair, equitable, and final settlement of 
        claims to water rights and certain claims for injuries to water 
        rights in the Santa Margarita River Watershed for--
                    (A) the Band; and
                    (B) the United States, acting in its capacity as 
                trustee for the Band and allottees;
            (2) to achieve a fair, equitable, and final settlement of 
        certain claims by the Band and allottees against the United 
        States;
            (3) to authorize, ratify, and confirm the Pechanga 
        Settlement Agreement to be entered into by the Band, RCWD, 
        EMWD, and the United States;
            (4) to authorize and direct the Secretary--
                    (A) to execute the Pechanga Settlement Agreement; 
                and
                    (B) to take any other action necessary to carry out 
                the Pechanga Settlement Agreement in accordance with 
                this Act; and
            (5) to authorize the appropriation of amounts necessary for 
        the implementation of the Pechanga Settlement Agreement and 
        this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Adjudication court.--The term ``Adjudication Court'' 
        means the United States District Court for the Southern 
        District of California, which exercises continuing jurisdiction 
        over the Adjudication Proceeding.
            (2) Adjudication proceeding.--The term ``Adjudication 
        Proceeding'' means litigation initiated by the United States 
        regarding relative water rights in the Santa Margarita River 
        Watershed in United States v. Fallbrook Public Utility District 
        et al., Civ. No. 3:51-cv-01247 (S.D.C.A.), including any 
        litigation initiated to interpret or enforce the relative water 
        rights in the Santa Margarita River Watershed pursuant to the 
        continuing jurisdiction of the Adjudication Court over the 
        Fallbrook Decree.
            (3) AFY.--The term ``AFY'' means acre-feet per year.
            (4) Allottee.--The term ``allottee'' means a member of a 
        federally recognized Indian tribe who holds a beneficial real 
        property interest in an Indian allotment that is--
                    (A) located within the Reservation; and
                    (B) held in trust by the United States.
            (5) Band.--
                    (A) In general.--The term ``Band'' means the 
                Pechanga Band of Luiseno Mission Indians, a federally 
                recognized sovereign Indian tribe that functions as a 
                custom and tradition Indian tribe, acting on behalf of 
                itself and its members.
                    (B) Exclusion.--The term ``Band'' does not include 
                an individual member of the Band acting in the capacity 
                of an allottee.
            (6) Claims.--The term ``claims'' means rights, claims, 
        demands, actions, compensation, or causes of action, whether 
        known or unknown, as of June 30, 2009.
            (7) EMWD.--The term ``EMWD'' means Eastern Municipal Water 
        District, a municipal water district organized and existing in 
        accordance with the Municipal Water District Law of 1911, 
        Division 20 of the Water Code of the State of California, as 
        amended.
            (8) EMWD connection fee.--The term ``EMWD Connection Fee'' 
        has the meaning set forth in section 2.3(b) of the Extension of 
        Service Area Agreement.
            (9) Enforceability date.--The term ``enforceability date'' 
        means the date on which the Secretary publishes in the Federal 
        Register the statement of findings described in section 7(e).
            (10) ESAA capacity agreement.--The term ``ESAA Capacity 
        Agreement'' means the ``Agreement to Provide Capacity for 
        Delivery of ESAA Water'' among the Band, RCWD, and the United 
        States.
            (11) ESAA water.--The term ``ESAA Water'' means imported 
        potable water that the Band receives from EMWD and MWD pursuant 
        to the Extension of Service Area Agreement.
            (12) Extension of service area agreement.--The term 
        ``Extension of Service Area Agreement'' means the ``Agreement 
        for Extension of Existing Service Area'', among the Band, EMWD, 
        the United States, and MWD, for the provision of water service 
        by EMWD to a designated portion of the Reservation using water 
        supplied by MWD.
            (13) Fallbrook decree.--
                    (A) In general.--The term ``Fallbrook Decree'' 
                means the ``Modified Final Judgment And Decree'', 
                entered in the Adjudication Proceeding on April 6, 
                1966.
                    (B) Inclusions.--The term ``Fallbrook Decree'' 
                includes all court orders, interlocutory judgments, and 
                decisions supplemental to the ``Modified Final Judgment 
                And Decree'', including Interlocutory Judgment No. 30, 
                Interlocutory Judgment No. 35, and Interlocutory 
                Judgment No. 41.
            (14) Fund.--The term ``Fund'' means the Pechanga Settlement 
        Fund established by section 9.
            (15) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (16) Injury to water rights.--The term ``injury to water 
        rights'' means an interference with, diminution of, or 
        deprivation of water rights under Federal or State law.
            (17) Interim capacity.--The term ``Interim Capacity'' has 
        the meaning set forth in section 1 of the ESAA Capacity 
        Agreement.
            (18) Interim capacity notice.--The term ``Interim Capacity 
        Notice'' has the meaning set forth in section 4(b) of the ESAA 
        Capacity Agreement.
            (19) MWD.--The term ``MWD'' means the Metropolitan Water 
        District of Southern California, a metropolitan water district 
        organized and incorporated under the Metropolitan Water 
        District Act of the State of California (Stats. 1969, Chapter 
        209, as amended).
            (20) MWD connection fee.--The term ``MWD Connection Fee'' 
        has the meaning set forth in section 2.3(a) of the Extension of 
        Service Area Agreement.
            (21) Pechanga esaa delivery capacity account.--The term 
        ``Pechanga ESAA Delivery Capacity account'' means the account 
        established by section 9(c)(2).
            (22) Pechanga recycled water infrastructure account.--The 
        term ``Pechanga Recycled Water Infrastructure account'' means 
        the account established by section 9(c)(1).
            (23) Pechanga settlement agreement.--The term ``Pechanga 
        Settlement Agreement'' means the Pechanga Settlement Agreement, 
        together with the exhibits to that agreement, entered into by 
        the Band, the United States on behalf of the Band, its members 
        and allottees, RCWD, and EMWD.
            (24) Pechanga water code.--The term ``Pechanga Water Code'' 
        means a water code to be adopted by the Band in accordance with 
        section 5(f).
            (25) Pechanga water fund account.--The term ``Pechanga 
        Water Fund account'' means the account established by section 
        9(c)(3).
            (26) Pechanga water quality account.--The term ``Pechanga 
        Water Quality account'' means the account established by 
        section 9(c)(4).
            (27) Permanent capacity.--The term ``Permanent Capacity'' 
        has the meaning set forth in section 1 of the ESAA Capacity 
        Agreement.
            (28) Permanent capacity notice.--The term ``Permanent 
        Capacity Notice'' has the meaning set forth in section 5(b) of 
        the ESAA Capacity Agreement.
            (29) RCWD.--
                    (A) In general.--The term ``RCWD'' means the Rancho 
                California Water District organized pursuant to section 
                34000 et seq. of the California Water Code.
                    (B) Inclusions.--The term ``RCWD'' includes all 
                real property owners for whom RCWD acts as an agent 
                pursuant to an agency agreement.
            (30) Recycled water infrastructure agreement.--The term 
        ``Recycled Water Infrastructure Agreement'' means the 
        ``Agreement for Recycled Water Infrastructure'' among the Band, 
        RCWD, and the United States.
            (31) Recycled water transfer agreement.--The term 
        ``Recycled Water Transfer Agreement'' means the ``Recycled 
        Water Transfer Agreement'' between the Band and RCWD.
            (32) Reservation.--
                    (A) In general.--The term ``Reservation'' means the 
                land depicted on the map attached to the Pechanga 
                Settlement Agreement as exhibit I.
                    (B) Applicability of term.--The term 
                ``Reservation'' shall be used solely for the purposes 
                of the Pechanga Settlement Agreement.
            (33) Santa margarita river watershed.--The term ``Santa 
        Margarita River Watershed'' means the watershed that is the 
        subject of the Adjudication Proceeding and the Fallbrook 
        Decree.
            (34) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (35) State.--The term ``State'' means the State of 
        California.
            (36) Storage pond.--The term ``Storage Pond'' has the 
        meaning set forth in section 1 of the Recycled Water 
        Infrastructure Agreement.
            (37) Tribal water right.--The term ``Tribal Water Right'' 
        means the water rights ratified, confirmed, and declared to be 
        valid for the benefit of the Band and allottees of the Band, as 
        set forth and described in section 5.

SEC. 4. APPROVAL OF THE PECHANGA SETTLEMENT AGREEMENT.

    (a) Ratification of Pechanga Settlement Agreement.--
            (1) In general.--Except as modified by this Act, and to the 
        extent that the Pechanga Settlement Agreement does not conflict 
        with this Act, the Pechanga Settlement Agreement is authorized, 
        ratified, and confirmed.
            (2) Amendments to compact.--Any amendment to the Pechanga 
        Settlement Agreement is authorized, ratified, and confirmed, to 
        the extent that the amendment is executed to make the Pechanga 
        Settlement Agreement consistent with this Act.
    (b) Execution of Pechanga Settlement Agreement.--
            (1) In general.--To the extent that the Pechanga Settlement 
        Agreement does not conflict with this Act, the Secretary is 
        directed to and shall promptly execute--
                    (A) the Pechanga Settlement Agreement (including 
                any exhibits to or part of the Pechanga Settlement 
                Agreement requiring the signature of the Secretary); 
                and
                    (B) any amendment to the Pechanga Settlement 
                Agreement necessary to make the Pechanga Settlement 
                Agreement consistent with this Act.
            (2) Modifications.--Nothing in this Act precludes the 
        Secretary from approving modifications to exhibits to the 
        Pechanga Settlement Agreement not inconsistent with this Act, 
        to the extent those modifications do not otherwise require 
        congressional approval pursuant to section 2116 of the Revised 
        Statutes (25 U.S.C. 177) or other applicable Federal law.
    (c) Environmental Compliance.--
            (1) In general.--In implementing the Pechanga Settlement 
        Agreement, the Secretary shall promptly comply with all 
        applicable requirements of--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (C) all other applicable Federal environmental 
                laws; and
                    (D) all regulations promulgated under the laws 
                described in subparagraphs (A) through (C).
            (2) Execution of the pechanga settlement agreement.--
                    (A) In general.--Execution of the Pechanga 
                Settlement Agreement by the Secretary under this 
                section shall not constitute a major Federal action 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
                    (B) Compliance.--The Secretary is directed to carry 
                out all Federal compliance necessary to implement the 
                Pechanga Settlement Agreement.
            (3) Lead agency.--The Bureau of Reclamation shall be 
        designated as the lead agency with respect to environmental 
        compliance.

SEC. 5. TRIBAL WATER RIGHT.

    (a) Intent of Congress.--It is the intent of Congress to provide to 
each allottee benefits that are equal to or exceed the benefits 
allottees possess as of the date of enactment of this Act, taking into 
consideration--
            (1) the potential risks, cost, and time delay associated 
        with litigation that would be resolved by the Pechanga 
        Settlement Agreement and this Act;
            (2) the availability of funding under this Act;
            (3) the availability of water from the Tribal Water Right 
        and other water sources as set forth in the Pechanga Settlement 
        Agreement; and
            (4) the applicability of section 7 of the Act of February 
        8, 1887 (25 U.S.C. 381), and this Act to protect the interests 
        of allottees.
    (b) Confirmation of Tribal Water Right.--
            (1) In general.--The Tribal Water Right is ratified, 
        confirmed, and declared to be valid.
            (2) Characteristics of tribal water right.--
                    (A) In general.--The Tribal Water Right shall be 
                equal to 4,994 AFY of water that is subject to the 
                jurisdiction of the Adjudication Court.
                    (B) Priority dates.--The priority date for--
                            (i) 3,019 AFY of the Tribal Water Right 
                        shall be June 27, 1882;
                            (ii) 182 AFY of the Tribal Water Right 
                        shall be August 29, 1893;
                            (iii) 729 AFY of the Tribal Water Right 
                        shall be January 9, 1907;
                            (iv) 563 AFY of the Tribal Water Right 
                        shall be March 11, 1907; and
                            (v) 501 AFY of the Tribal Water Right shall 
                        be May 25, 1931.
            (3) Use.--Subject to the terms of the Pechanga Settlement 
        Agreement, this Act, the Fallbrook Decree, and applicable 
        Federal law, the Band may use the Tribal Water Right for any 
        purpose on the Reservation.
    (c) Holding in Trust.--The Tribal Water Right--
            (1) shall be held in trust by the United States on behalf 
        of the Band and the allottees in accordance with this section; 
        and
            (2) shall not be subject to forfeiture or abandonment.
    (d) Allottees.--
            (1) Applicability of act of february 8, 1887.--The 
        provisions of section 7 of the Act of February 8, 1887 (25 
        U.S.C. 381), relating to the use of water for irrigation 
        purposes shall apply to the Tribal Water Right.
            (2) Entitlement to water.--Any entitlement to water of an 
        allottee who has allotted land that is located within the 
        exterior boundaries of the Reservation under Federal law shall 
        be satisfied from the Tribal Water Right.
            (3) Allocations.--Allotted land of an allottee that is 
        located within the exterior boundaries of the Reservation shall 
        be entitled to a just and equitable allocation of water for 
        irrigation purposes from the water resources described in the 
        Pechanga Settlement Agreement.
            (4) Exhaustion of remedies.--Before asserting any claim 
        against the United States under section 7 of the Act of 
        February 8, 1887 (25 U.S.C. 381), or any other applicable law, 
        an allottee shall exhaust remedies available under the Pechanga 
        Water Code or other applicable tribal law.
            (5) Claims.--Following exhaustion of remedies available 
        under the Pechanga Water Code or other applicable tribal law, 
        an allottee may seek relief under section 7 of the Act of 
        February 8, 1887 (25 U.S.C. 381), or other applicable law.
            (6) Authority.--The Secretary shall have the authority to 
        protect the rights of allottees as specified in this section.
    (e) Authority of Band.--
            (1) In general.--Except as provided in paragraph (2), the 
        Band shall have authority to use, allocate, distribute, and 
        lease the Tribal Water Right in accordance with--
                    (A) the Pechanga Settlement Agreement; and
                    (B) applicable Federal law.
            (2) Leases by allottees.--An allottee may lease any 
        interest in land held by the allottee, together with any water 
        right determined to be appurtenant to that interest in land.
    (f) Pechanga Water Code.--
            (1) In general.--Not later than 18 months after the 
        enforceability date, the Band shall enact a Pechanga Water 
        Code, that provides for--
                    (A) the management, regulation, and governance of 
                all uses of the Tribal Water Right in accordance with 
                the Pechanga Settlement Agreement; and
                    (B) establishment by the Band of conditions, permit 
                requirements, and other limitations relating to the 
                storage, recovery, and use of the Tribal Water Right in 
                accordance with the Pechanga Settlement Agreement.
            (2) Inclusions.--The Pechanga Water Code shall provide--
                    (A) that allocations of water to allottees shall be 
                satisfied with water from the Tribal Water Right;
                    (B) that charges for delivery of water for 
                irrigation purposes for allottees shall be assessed in 
                accordance with section 7 of the Act of February 8, 
                1887 (25 U.S.C. 381);
                    (C) a process by which an allottee or water user on 
                allotted land may request that the Band provide water 
                for irrigation use in accordance with this Act;
                    (D) a due process system for the consideration and 
                determination by the Band of any request by an 
                allottee, water user on allotted land, or any successor 
                in interest to an allottee, for an allocation of such 
                water for irrigation purposes on allotted land, 
                including a process for--
                            (i) appeal and adjudication of any denied 
                        or disputed distribution of water; and
                            (ii) resolution of any contested 
                        administrative decision; and
                    (E) a requirement that any allottee or water user 
                on allotted land with a claim relating to the 
                enforcement of rights of the allottee or water user 
                under the Pechanga Water Code or relating to the amount 
                of water allocated to land of the allottee shall first 
                exhaust remedies available to the allottee under tribal 
                law and the Pechanga Water Code before initiating an 
                action against the United States or petitioning the 
                Secretary pursuant to subsection (d)(4).
            (3) Action by secretary.--
                    (A) In general.--The Secretary shall administer the 
                Tribal Water Right until the Pechanga Water Code is 
                enacted and approved in accordance with this section.
                    (B) Approval.--Any provision of the Pechanga Water 
                Code and any amendment to the Pechanga Water Code that 
                affects the rights of allottees shall--
                            (i) be subject to the approval of the 
                        Secretary; and
                            (ii) not be valid until the date on which 
                        the amendment is approved by the Secretary.
                    (C) Approval period.--The Secretary shall approve 
                or disapprove the Pechanga Water Code within a 
                reasonable period of time after the date on which the 
                Band submits the Pechanga Water Code to the Secretary 
                for approval.
    (g) Effect.--Except as otherwise specifically provided in this 
section, nothing in this Act--
            (1) authorizes any action by an allottee or water user on 
        allotted land against any individual or entity, or against the 
        Band, under Federal, State, tribal, or local law; or
            (2) alters or affects the status of any action pursuant to 
        section 1491(a) of title 28, United States Code.

SEC. 6. SATISFACTION OF CLAIMS.

    (a) In General.--The benefits provided to the Band and the 
allottees under the Pechanga Settlement Agreement and this Act shall 
satisfy all claims of the Band and the allottees waived pursuant to 
section 7.
    (b) No Recognition of Water Rights.--Except as provided in section 
5(d), nothing in this Act recognizes or establishes any right of a 
member of the Band or an allottee to water within the Reservation.
    (c) Claims Relating to Development of Water for Reservation.--
            (1) In general.--The amounts authorized to be appropriated 
        under section 11 shall be used to satisfy any claim of the 
        allottees against the United States with respect to the 
        development or protection of water resources for the 
        Reservation.
            (2) Satisfaction of claims.--On the complete appropriation 
        of amounts authorized to be appropriated under section 11, any 
        claim of the allottees against the United States with respect 
        to the development or protection of water resources for the 
        Reservation shall be deemed to have been satisfied.

SEC. 7. WAIVER OF CLAIMS.

    (a) In General.--
            (1) Waiver of claims by the band and the united states.--
                    (A) In general.--Subject to the retention of rights 
                set forth in subsection (c), notwithstanding any 
                provisions to the contrary in the Pechanga Settlement 
                Agreement, the Band, and the United States on behalf of 
                the Band and allottees, are authorized to execute 
                waivers for any and all claims for water rights in the 
                Santa Margarita River Watershed--
                            (i) for land located within the Reservation 
                        in the Santa Margarita River Watershed arising 
                        from time immemorial and, thereafter, forever; 
                        and
                            (ii) that are based on aboriginal occupancy 
                        for land overlying the Santa Margarita River 
                        Watershed arising from time immemorial and, 
                        thereafter, forever.
                    (B) Claims against rcwd and emwd.--Subject to the 
                retention of rights set forth in subsection (c), 
                notwithstanding any provisions to the contrary in the 
                Pechanga Settlement Agreement, the Band and the United 
                States on behalf of the Band and allottees fully 
                release, acquit, and discharge RCWD and EMWD from--
                            (i) claims for injuries to water rights in 
                        the Santa Margarita River Watershed for land 
                        located within the Reservation in that 
                        watershed arising or occurring at any time up 
                        to and including June 30, 2009;
                            (ii) claims for injuries to water rights in 
                        the Santa Margarita River Watershed for land 
                        located within the Reservation in that 
                        watershed arising or occurring at any time 
                        after June 30, 2009, resulting from the 
                        diversion or use of water in a manner not in 
                        violation of the Pechanga Settlement Agreement 
                        or this Act;
                            (iii) claims for subsidence damage to land 
                        located within the Reservation arising or 
                        occurring at any time up to and including June 
                        30, 2009;
                            (iv) claims for subsidence damage arising 
                        or occurring after June 30, 2009, to land 
                        located within the Reservation resulting from 
                        the diversion of underground water in a manner 
                        consistent with the Pechanga Settlement 
                        Agreement or this Act; and
                            (v) claims arising out of, or relating in 
                        any manner to, the negotiation or execution of 
                        the Pechanga Settlement Agreement or the 
                        negotiation or execution of this Act.
            (2) Claims by the united states against the band.--Subject 
        to the retention of rights set forth in subsection (c), to the 
        extent consistent with this Act, the United States, in all its 
        capacities (except as trustee for an Indian tribe other than 
        the Band), as part of the performance of obligations under the 
        Pechanga Settlement Agreement, is authorized to execute a 
        waiver and release of any and all claims against the Band, 
        including any agency, official, or employee of the Band, under 
        Federal, State, or any other law for--
                    (A) claims for injuries to water rights in the 
                Santa Margarita River Watershed for land located within 
                the Reservation in that watershed arising or occurring 
                at any time up to and including June 30, 2009;
                    (B) claims for injuries to water rights in the 
                Santa Margarita River Watershed for land located within 
                the Reservation in that watershed arising or occurring 
                at any time after June 30, 2009, resulting from the 
                diversion or use of water in a manner not in violation 
                the Pechanga Settlement Agreement or this Act;
                    (C) claims for subsidence damage to land located 
                within the Reservation arising or occurring at any time 
                up to and including June 30, 2009;
                    (D) claims for subsidence damage arising or 
                occurring after June 30, 2009, to land located within 
                the Reservation resulting from the diversion of 
                underground water in a manner not in violation of the 
                Pechanga Settlement Agreement or this Act; and
                    (E) claims arising out of, or relating in any 
                manner to, the negotiation or execution of the Pechanga 
                Settlement Agreement or the negotiation or execution of 
                this Act.
            (3) Claims by the band against the united states.--Subject 
        to the retention of rights set forth in subsection (c), the 
        Band, on behalf of itself and its members, is authorized to 
        execute a waiver and release of--
                    (A) all claims against the United States, including 
                the agencies and employees of the United States, 
                relating to claims for water rights in, or water of, 
                the Santa Margarita River Watershed that the United 
                States, acting in its capacity as trustee for the Band, 
                asserted, or could have asserted, in any proceeding, 
                including the Adjudication Proceeding;
                    (B) all claims against the United States, including 
                the agencies and employees of the United States, 
                relating to damages, losses, or injuries to water, 
                water rights, land, or natural resources due to loss of 
                water or water rights (including damages, losses or 
                injuries to hunting, fishing, gathering, or cultural 
                rights due to loss of water or water rights, claims 
                relating to interference with, diversion, or taking of 
                water or water rights, or claims relating to failure to 
                protect, acquire, replace, or develop water, water 
                rights, or water infrastructure) in the Santa Margarita 
                River Watershed that first accrued at any time up to 
                and including June 30, 2009;
                    (C) all claims against the United States, including 
                the agencies and employees of the United States, 
                relating to the pending litigation of claims relating 
                to the water rights of the Band in the Adjudication 
                Proceeding; and
                    (D) all claims against the United States, including 
                the agencies and employees of the United States, 
                relating to the negotiation or execution of the 
                Pechanga Settlement Agreement or the negotiation or 
                execution of this Act.
    (b) Effectiveness of Waivers and Releases.--The waivers under 
subsection (a) shall take effect on the enforceability date.
    (c) Reservation of Rights and Retention of Claims.--Notwithstanding 
the waivers and releases authorized in this Act, the Band and the 
United States, acting in its capacity as trustee for the Band and 
allottees, retain--
            (1) claims for enforcement of the Pechanga Settlement 
        Agreement and this Act;
            (2) claims against persons other than RCWD and EMWD;
            (3) claims for water rights that are outside the 
        jurisdiction of the Adjudication Court;
            (4) claims for water rights for land within the Santa 
        Margarita River Watershed that is outside the Reservation, 
        subject to the condition that such claims are for water rights 
        consistent with the water rights recognized for such land in 
        the Fallbrook Decree;
            (5) rights to use and protect water rights acquired on or 
        after the enforceability date; and
            (6) remedies, privileges, immunities, powers and claims, 
        including claims for water rights, not specifically waived and 
        released pursuant to this Act and the Pechanga Settlement 
        Agreement.
    (d) Effect of Pechanga Settlement Agreement and Act.--Nothing in 
the Pechanga Settlement Agreement or this Act--
            (1) affects the ability of the United States or the Band, 
        acting as sovereign, to take actions authorized by law, 
        including any laws relating to health, safety, or the 
        environment, including--
                    (A) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.);
                    (B) the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.);
                    (C) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.); and
                    (D) any regulations implementing the Acts described 
                in subparagraphs (A) through (C);
            (2) affects the ability of the United States to take 
        actions acting as trustee for any other Indian tribe or an 
        allottee of any other Indian tribe;
            (3) confers jurisdiction on any State court--
                    (A) to interpret Federal law regarding health, 
                safety, or the environment;
                    (B) to determine the duties of the United States or 
                other parties pursuant to Federal law regarding health, 
                safety, or the environment; or
                    (C) to conduct judicial review of Federal agency 
                action; or
            (4) waives any claim of a member of the Band in an 
        individual capacity that does not derive from a right of the 
        Band.
    (e) Enforceability Date.--The enforceability date shall be the date 
on which the Secretary publishes in the Federal Register a statement of 
findings that--
            (1) the Pechanga Settlement Agreement has been approved by 
        the Adjudication Court;
            (2) all amounts authorized by this Act have been deposited 
        in the Fund;
            (3) the waivers and releases authorized in subsection (a) 
        have been executed by the Band and the Secretary; and
            (4) the Extension of Service Area Agreement--
                    (A) has been approved and executed by all the 
                parties to the Extension of Service Area Agreement; and
                    (B) is effective and enforceable in accordance with 
                the terms of that Agreement.
    (f) Tolling of Claims.--
            (1) In general.--Each applicable period of limitation and 
        time-based equitable defense relating to a claim described in 
        this section shall be tolled for the period beginning on the 
        date of enactment of this Act and ending on the earlier of--
                    (A) April 30, 2030;
                    (B) such alternate date as is agreed to by the Band 
                and the Secretary; and
                    (C) the enforceability date.
            (2) Effects of subsection.--Nothing in this subsection 
        revives any claim or tolls any period of limitation or time-
        based equitable defense that expired before the date of 
        enactment of this Act.
            (3) Limitation.--Nothing in this section precludes the 
        tolling of any period of limitations or any time-based 
        equitable defense under any other applicable law.
    (g) Restriction.--If the full amount of appropriations authorized 
by this Act has not been made available to the Secretary by April 30, 
2030--
            (1) the waivers authorized by this section shall expire and 
        no longer have any force or effect; and
            (2) the statute of limitations for a claim waived under 
        this section shall be tolled until April 30, 2030.
    (h) Voiding of Waivers.--If the waivers authorized by this section 
are void under subsection (g)--
            (1) the approval of the United States of the Pechanga 
        Settlement Agreement under section 4 shall no longer be 
        effective;
            (2) any unexpended Federal funds appropriated or made 
        available to carry out the activities authorized by this Act, 
        together with any interest earned on those funds, and any water 
        right or contract to use water and title to other property 
        acquired or constructed with Federal funds appropriated or made 
        available to carry out the activities authorized in this Act 
        shall be returned to the Federal Government, unless otherwise 
        agreed to by the Band and the United States and approved by 
        Congress; and
            (3) except for Federal funds used to acquire or develop 
        property that is returned to the Federal Government under 
        paragraph (2), the United States shall be entitled to set off 
        any Federal funds appropriated or made available to carry out 
        the activities authorized by this Act that were expended or 
        withdrawn, together with any interest accrued, against any 
        claims against the United States relating to water rights 
        asserted by the Band or in any future settlement of the water 
        rights of the Band.

SEC. 8. WATER FACILITIES.

    (a) In General.--The Secretary shall, subject to the availability 
of appropriations, using amounts from the designated accounts of the 
Fund, provide the amounts necessary to fulfill the obligations of the 
Band under the Recycled Water Infrastructure Agreement and the ESAA 
Capacity Agreement, in an amount not to exceed the amounts deposited in 
the designated accounts for those purposes, in accordance with this Act 
and the terms and conditions of those agreements.
    (b) Nonreimbursability of Costs.--All costs incurred by the 
Secretary in carrying out this section shall be nonreimbursable.
    (c) Recycled Water Infrastructure.--
            (1) In general.--The Secretary shall, using amounts from 
        the Pechanga Recycled Water Infrastructure account, provide 
        amounts for the Storage Pond in accordance with this section.
            (2) Storage pond.--
                    (A) In general.--The Secretary shall, subject to 
                the availability of appropriations, provide the amounts 
                necessary to fulfill the obligations of the Band under 
                the Recycled Water Infrastructure Agreement for the 
                design and construction of the Storage Pond, in an 
                amount not to exceed $2,500,000, adjusted for changes 
                since June 30, 2009, in construction costs as indicated 
                by engineering cost indices applicable to types of 
                construction required to design and construct the 
                Storage Pond.
                    (B) Procedure.--The procedure for the Secretary to 
                provide amounts pursuant to this section shall be as 
                set forth in the Recycled Water Infrastructure 
                Agreement.
                    (C) Lead agency.--The Bureau of Reclamation shall 
                be the lead agency for purposes of the implementation 
                of this section.
                    (D) Liability.--The United States shall have no 
                responsibility or liability for the Storage Pond to be 
                designed and constructed by RCWD.
                    (E) Reversion.--If RCWD does not submit the Storage 
                Pond notice to the Band by the date that is 3 years 
                after the enforceability date, the amounts remaining in 
                the Pechanga Recycled Water Infrastructure account for 
                purposes of the design and construction of the Storage 
                Pond, including any interest that has accrued on those 
                amounts, shall revert to the general fund of the 
                Treasury.
    (d) ESAA Delivery Capacity.--
            (1) In general.--The Secretary shall, using amounts from 
        the Pechanga ESAA Delivery Capacity account, provide amounts 
        for Interim Capacity and Permanent Capacity in accordance with 
        this section.
            (2) Interim capacity.--
                    (A) In general.--The Secretary shall, subject to 
                the availability of appropriations, using amounts from 
                the ESAA Delivery Capacity account, provide amounts 
                necessary to fulfill the obligations of the Band under 
                the ESAA Capacity Agreement for the provision by RCWD 
                of Interim Capacity to the Band in an amount not to 
                exceed $1,000,000.
                    (B) Procedure.--The procedure for the Secretary to 
                provide amounts pursuant to this section shall be as 
                set forth in the ESAA Capacity Agreement.
                    (C) Lead agency.--The Bureau of Reclamation shall 
                be the lead agency for purposes of the implementation 
                of this section.
                    (D) Liability.--The United States shall have no 
                responsibility or liability for the Interim Capacity to 
                be provided by RCWD.
                    (E) Transfer to band.--If RCWD does not provide the 
                Interim Capacity Notice required pursuant to the ESAA 
                Capacity Agreement by the date that is 60 days after 
                the date required under the ESAA Capacity Agreement, 
                the amounts in the Pechanga ESAA Delivery Capacity 
                account for purposes of the provision of Interim 
                Capacity and Permanent Capacity, including any interest 
                that has accrued on those amounts, shall be available 
                for use by the Band to provide alternative interim 
                capacity in a manner that is similar to the Interim 
                Capacity and Permanent Capacity that the Band would 
                have received had RCWD provided such Interim Capacity 
                and Permanent Capacity.
            (3) Permanent capacity.--
                    (A) In general.--On receipt of the Permanent 
                Capacity Notice pursuant to section 5(b) of the ESAA 
                Capacity Agreement, the Secretary, acting through the 
                Bureau of Reclamation, shall enter into negotiations 
                with RCWD and the Band to establish an agreement that 
                will allow for the disbursement of amounts from the 
                Pechanga ESAA Delivery Capacity account in accordance 
                with subparagraph (B).
                    (B) Schedule of disbursement.--
                            (i) In general.--Subject to clause (ii), on 
                        execution of the ESAA Capacity Agreement, the 
                        Secretary shall, subject to the availability of 
                        appropriations and using amounts from the ESAA 
                        Delivery Capacity account, provide amounts 
                        necessary to fulfill the obligations of the 
                        Band under the ESAA Capacity Agreement for the 
                        provision by RCWD of Permanent Capacity to the 
                        Band in an amount not to exceed $22,000,000.
                            (ii) Adjustment.--The amount under clause 
                        (i) shall be adjusted for changes in 
                        construction costs since June 30, 2009, as 
                        indicated by engineering cost indices 
                        applicable to types of construction required to 
                        design and construct the Permanent Capacity.
                    (C) Procedure.--The procedure for the Secretary to 
                provide funds pursuant to this section shall be as set 
                forth in the ESAA Capacity Agreement.
                    (D) Lead agency.--The Bureau of Reclamation shall 
                be the lead agency for purposes of the implementation 
                of this section.
                    (E) Liability.--The United States shall have no 
                responsibility or liability for the Permanent Capacity 
                to be provided by RCWD.
                    (F) Transfer to band.--If RCWD does not provide the 
                Permanent Capacity Notice required pursuant to the ESAA 
                Capacity Agreement by the date that is 5 years after 
                the enforceability date, the amounts in the Pechanga 
                ESAA Delivery Capacity account for purposes of the 
                provision of Permanent Capacity, including any interest 
                that has accrued on those amounts, shall be available 
                for use by the Band to provide alternative permanent 
                capacity in a manner that is similar to the Permanent 
                Capacity that the Band would have received had RCWD 
                provided such Permanent Capacity.

SEC. 9. PECHANGA SETTLEMENT FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the ``Pechanga Settlement Fund'', 
to be administered by the Secretary for the purpose of carrying out 
this Act.
    (b) Transfers to Fund.--The Fund shall consist of such amounts as 
are deposited in the Fund under section 11(a).
    (c) Accounts of Pechanga Settlement Fund.--The Secretary shall 
establish in the Fund the following accounts:
            (1) Pechanga Recycled Water Infrastructure account, 
        consisting of amounts authorized to be appropriated under 
        section 11(a)(1).
            (2) Pechanga ESAA Delivery Capacity account, consisting of 
        amounts authorized to be appropriated under section 11(a)(2).
            (3) Pechanga Water Fund account, consisting of amounts 
        authorized to be appropriated under section 11(a)(3).
            (4) Pechanga Water Quality account, consisting of amounts 
        authorized to be appropriated under section 11(a)(4).
    (d) Deposits to Fund.--
            (1) In general.--The Secretary of the Treasury shall 
        promptly deposit in the Fund any amounts appropriated to the 
        Fund.
            (2) Deposits to accounts.--The Secretary of the Treasury 
        shall deposit amounts in the accounts of the Fund established 
        under subsection (c).
    (e) Management.--
            (1) In general.--The Secretary shall manage the Fund, make 
        investments from the Fund, and make amounts available from the 
        Fund for distribution to the Band consistent with the American 
        Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 
        et seq.).
            (2) Investment of pechanga settlement fund.--The Secretary 
        shall invest amounts in the Fund in accordance with--
                    (A) the Act of April 1, 1880 (25 U.S.C. 161);
                    (B) the first section of the Act of June 24, 1938 
                (25 U.S.C. 162a); and
                    (C) the obligations of Federal corporations and 
                Federal Government-sponsored entities, the charter 
                documents of which provide that the obligations of the 
                entities are lawful investments for federally managed 
                funds, including--
                            (i) the obligations of the United States 
                        Postal Service described in section 2005 of 
                        title 39, United States Code;
                            (ii) bonds and other obligations of the 
                        Tennessee Valley Authority described in section 
                        15d of the Tennessee Valley Authority Act of 
                        1933 (16 U.S.C. 831n-4);
                            (iii) mortgages, obligations, and other 
                        securities of the Federal Home Loan Mortgage 
                        Corporation described in section 303 of the 
                        Federal Home Loan Mortgage Corporation Act (12 
                        U.S.C. 1452); and
                            (iv) bonds, notes, and debentures of the 
                        Commodity Credit Corporation described in 
                        section 4 of the Act of March 8, 1938 (15 
                        U.S.C. 713a-4).
            (3) Distributions from pechanga settlement fund.--
                    (A) In general.--Amounts from the Fund shall be 
                used in accordance with subparagraphs (B) through (E).
                    (B) Pechanga recycled water infrastructure 
                account.--The Pechanga Recycled Water Infrastructure 
                account shall be used for expenditures by the Band in 
                accordance with section 8(c).
                    (C) Pechanga esaa delivery capacity account.--The 
                Pechanga ESAA Delivery Capacity account shall be used 
                for expenditures by the Band in accordance with section 
                8(d).
                    (D) Pechanga water fund account.--The Pechanga 
                Water Fund account shall be used for--
                            (i) payment of the EMWD Connection Fee;
                            (ii) payment of the MWD Connection Fee; and
                            (iii) any expenses, charges, or fees 
                        incurred by the Band in connection with the 
                        delivery or use of water pursuant to the 
                        Pechanga Settlement Agreement.
                    (E) Pechanga water quality account.--The Pechanga 
                Water Quality account shall be used by the Band to fund 
                groundwater desalination activities within the Wolf 
                Valley Basin.
            (4) Withdrawals by band.--
                    (A) In general.--The Band may withdraw any portion 
                of amounts in the Fund on approval by the Secretary of 
                a tribal management plan in accordance with the 
                American Indian Trust Fund Management Reform Act of 
                1994 (25 U.S.C. 4001 et seq.).
                    (B) Requirements.--
                            (i) In general.--In addition to the 
                        requirements under the American Indian Trust 
                        Fund Management Reform Act of 1994 (25 U.S.C. 
                        4001 et seq.), the tribal management plan of 
                        the Band under subparagraph (A) shall require 
                        that the Band spend any amounts withdrawn from 
                        the Fund in accordance with this Act.
                            (ii) Enforcement.--The Secretary may carry 
                        out such judicial or administrative actions as 
                        the Secretary determines to be necessary to 
                        enforce a tribal management plan to ensure that 
                        amounts withdrawn by the Band from the Fund 
                        under this paragraph are used in accordance 
                        with this Act.
                    (C) Liability.--The Secretary and the Secretary of 
                the Treasury shall not be liable for the expenditure or 
                investment of amounts withdrawn from the Fund by the 
                Band under this paragraph.
                    (D) Expenditure plan.--
                            (i) In general.--For each fiscal year, the 
                        Band shall submit to the Secretary for approval 
                        an expenditure plan for any portion of the 
                        amounts described in subparagraph (A) that the 
                        Band elects not to withdraw under this 
                        paragraph during the fiscal year.
                            (ii) Inclusion.--An expenditure plan under 
                        clause (i) shall include a description of the 
                        manner in which, and the purposes for which, 
                        funds of the Band remaining in the Fund will be 
                        used during subsequent fiscal years.
                            (iii) Approval.--On receipt of an 
                        expenditure plan under clause (i), the 
                        Secretary shall approve the plan if the 
                        Secretary determines that the plan is--
                                    (I) reasonable; and
                                    (II) consistent with this Act.
            (5) Annual reports.--The Band shall submit to the Secretary 
        annual reports describing each expenditure by the Band of 
        amounts in the Fund during the preceding calendar year.
            (6) Certain per capita distributions prohibited.--No 
        amounts in the Fund shall be distributed to any member of the 
        Band on a per capita basis.
    (f) Availability.--Amounts in the Fund shall be available for use 
by the Secretary and withdrawal by the Band beginning on the 
enforceability date.

SEC. 10. MISCELLANEOUS PROVISIONS.

    (a) Waiver of Sovereign Immunity by the United States.--Except as 
provided in subsections (a) through (c) of section 208 of the 
Department of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing 
in this Act waives the sovereign immunity of the United States.
    (b) Other Tribes Not Adversely Affected.--Nothing in this Act 
quantifies or diminishes any land or water right, or any claim or 
entitlement to land or water, of an Indian tribe, band, or community 
other than the Band.
    (c) Limitation on Claims for Reimbursement.--With respect to Indian 
land within the Reservation--
            (1) the United States shall not submit against any Indian-
        owned land located within the Reservation any claim for 
        reimbursement of the cost to the United States of carrying out 
        this Act and the Pechanga Settlement Agreement; and
            (2) no assessment of any Indian-owned land located within 
        the Reservation shall be made regarding that cost.
    (d) Effect on Current Law.--Nothing in this section affects any 
provision of law (including regulations) in effect on the day before 
the date of enactment of this Act with respect to preenforcement review 
of any Federal environmental enforcement action.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--
            (1) Pechanga recycled water infrastructure account.--There 
        is authorized to be appropriated $2,500,000, for deposit in the 
        Pechanga Recycled Water Infrastructure account, adjusted for 
        changes in construction costs since June 30, 2009, in 
        engineering cost indices applicable to types of construction 
        required to design and construct the Storage Pond, to carry out 
        the activities described in section 8(c).
            (2) Pechanga esaa delivery capacity account.--There is 
        authorized to be appropriated $23,000,000, for deposit in the 
        Pechanga ESAA Delivery Capacity account, adjusted for changes 
        in construction costs since June 30, 2009, in engineering cost 
        indices applicable to types of construction required to provide 
        the Interim Capacity and the Permanent Capacity, to carry out 
        the activities described in paragraphs (2) and (3) of section 
        8(d).
            (3) Pechanga water fund account.--There is authorized to be 
        appropriated $12,232,000 for deposit in the Pechanga Water Fund 
        account, adjusted to reflect changes in appropriate cost 
        indices during the period beginning on the date of enactment 
        and ending on the date of appropriation, for the purposes set 
        forth in section 9(e)(3)(D).
            (4) Pechanga water quality account.--There is authorized to 
        be appropriated $2,460,000 for deposit in the Pechanga Water 
        Quality account, adjusted to reflect changes in appropriate 
        cost indices during the period beginning on the date of 
        enactment and ending on the date of appropriation, for the 
        purposes set forth in section 9(e)(3)(E).

SEC. 12. REPEAL ON FAILURE OF ENFORCEABILITY DATE.

    If the Secretary does not publish a statement of findings under 
section 7(e) by April 30, 2030, or such alternative later date as is 
agreed to by the Band and the Secretary, as applicable--
            (1) this Act is repealed effective on the later of May 1, 
        2030, or the day after the alternative date agreed to by the 
        Band and the Secretary;
            (2) any action taken by the Secretary and any contract or 
        agreement pursuant to the authority provided under any 
        provision of this Act shall be void;
            (3) any amounts appropriated under section 11, together 
        with any interest on those amounts, shall immediately revert to 
        the general fund of the Treasury; and
            (4) any amounts made available under section 11 that remain 
        unexpended shall immediately revert to the general fund of the 
        Treasury.

SEC. 13. ANTIDEFICIENCY.

    The United States shall not be liable for any failure to carry out 
any obligation or activity authorized to be carried out by this Act 
(including any obligation or activity under the Pechanga Settlement 
Agreement) if adequate appropriations are not provided expressly by 
Congress to carry out the purposes of this Act or there are not enough 
monies available to carry out the purposes of this Act in--
            (1) the Reclamation Water Settlements Fund established 
        under section 10501(a) of the Omnibus Public Land Management 
        Act of 2009 (43 U.S.C. 407(a)); or
            (2) the Emergency Fund for Indian Safety and Health 
        established by section 601(a) of the Tom Lantos and Henry J. 
        Hyde United States Global Leadership Against HIV/AIDS, 
        Tuberculosis, and Malaria Reauthorization Act of 2008 (25 
        U.S.C. 443c(a)).
                                 <all>
```