II 

113TH CONGRESS 

1ST SESSION S. 1219 

To authorize the Pechanga Band of Luisen ̃o 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 Luisen ̃o Mission Indians 

Water Rights Settlement, 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. 

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

5 ‘‘Pechanga Band of Luisen ̃o Mission Indians Water 

6 Rights Settlement Act’’. 

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

8 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. 


TKELLEY on DSK3SPTVN1PROD with BILLS
2 

•S 1219 IS

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. 

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 and certain claims for 

5 injuries to water rights in the Santa Margarita 

6 River Watershed for— 

7 (A) the Band; and 

8 (B) the United States, acting in its capac9 ity as trustee for the Band and allottees; 

10 (2) to achieve a fair, equitable, and final settle11 ment of certain claims by the Band and allottees 

12 against the United States; 

13 (3) to authorize, ratify, and confirm the 

14 Pechanga Settlement Agreement to be entered into 

15 by the Band, RCWD, EMWD, and the United 

16 States; 

17 (4) to authorize and direct the Secretary— 

18 (A) to execute the Pechanga Settlement 

19 Agreement; and 


TKELLEY on DSK3SPTVN1PROD with BILLS
3 

•S 1219 IS

1 (B) to take any other action necessary to 

2 carry out the Pechanga Settlement Agreement 

3 in accordance with this Act; and 

4 (5) to authorize the appropriation of amounts 

5 necessary for the implementation of the Pechanga 

6 Settlement Agreement and this Act. 

7 SEC. 3. DEFINITIONS. 

8 In this Act: 

9 (1) ADJUDICATION COURT.—The term ‘‘Adju10 dication Court’’ means the United States District 

11 Court for the Southern District of California, which 

12 exercises continuing jurisdiction over the Adjudica13 tion Proceeding. 

14 (2) ADJUDICATION PROCEEDING.—The term 

15 ‘‘Adjudication Proceeding’’ means litigation initiated 

16 by the United States regarding relative water rights 

17 in the Santa Margarita River Watershed in United 

18 States v. Fallbrook Public Utility District et al., Civ. 

19 No. 3:51–cv–01247 (S.D.C.A.), including any litiga20 tion initiated to interpret or enforce the relative 

21 water rights in the Santa Margarita River Water22 shed pursuant to the continuing jurisdiction of the 

23 Adjudication Court over the Fallbrook Decree. 

24 (3) AFY.—The term ‘‘AFY’’ means acre-feet 

25 per year. 


TKELLEY on DSK3SPTVN1PROD with BILLS
4 

•S 1219 IS

1 (4) ALLOTTEE.—The term ‘‘allottee’’ means a 

2 member of a federally recognized Indian tribe who 

3 holds a beneficial real property interest in an Indian 

4 allotment that is— 

5 (A) located within the Reservation; and 

6 (B) held in trust by the United States. 

7 (5) BAND.— 

8 (A) IN GENERAL.—The term ‘‘Band’’ 

9 means the Pechanga Band of Luisen ̃o Mission 

10 Indians, a federally recognized sovereign Indian 

11 tribe that functions as a custom and tradition 

12 Indian tribe, acting on behalf of itself and its 

13 members. 

14 (B) EXCLUSION.—The term ‘‘Band’’ does 

15 not include an individual member of the Band 

16 acting in the capacity of an allottee. 

17 (6) CLAIMS.—The term ‘‘claims’’ means rights, 

18 claims, demands, actions, compensation, or causes of 

19 action, whether known or unknown, as of June 30, 

20 2009. 

21 (7) EMWD.—The term ‘‘EMWD’’ means East22 ern Municipal Water District, a municipal water dis23 trict organized and existing in accordance with the 

24 Municipal Water District Law of 1911, Division 20 


TKELLEY on DSK3SPTVN1PROD with BILLS
5 

•S 1219 IS

1 of the Water Code of the State of California, as 

2 amended. 

3 (8) EMWD CONNECTION FEE.—The term 

4 ‘‘EMWD Connection Fee’’ has the meaning set forth 

5 in section 2.3(b) of the Extension of Service Area 

6 Agreement. 

7 (9) ENFORCEABILITY DATE.—The term ‘‘en8 forceability date’’ means the date on which the Sec9 retary publishes in the Federal Register the state10 ment of findings described in section 7(e). 

11 (10) ESAA CAPACITY AGREEMENT.—The term 

12 ‘‘ESAA Capacity Agreement’’ means the ‘‘Agree13 ment to Provide Capacity for Delivery of ESAA 

14 Water’’ among the Band, RCWD, and the United 

15 States. 

16 (11) ESAA WATER.—The term ‘‘ESAA Water’’ 

17 means imported potable water that the Band re18 ceives from EMWD and MWD pursuant to the Ex19 tension of Service Area Agreement. 

20 (12) EXTENSION OF SERVICE AREA AGREE21 MENT.—The term ‘‘Extension of Service Area 

22 Agreement’’ means the ‘‘Agreement for Extension of 

23 Existing Service Area’’, among the Band, EMWD, 

24 the United States, and MWD, for the provision of 


TKELLEY on DSK3SPTVN1PROD with BILLS
6 

•S 1219 IS

1 water service by EMWD to a designated portion of 

2 the Reservation using water supplied by MWD. 

3 (13) FALLBROOK DECREE.— 

4 (A) IN GENERAL.—The term ‘‘Fallbrook 

5 Decree’’ means the ‘‘Modified Final Judgment 

6 And Decree’’, entered in the Adjudication Pro7 ceeding on April 6, 1966. 

8 (B) INCLUSIONS.—The term ‘‘Fallbrook 

9 Decree’’ includes all court orders, interlocutory 

10 judgments, and decisions supplemental to the 

11 ‘‘Modified Final Judgment And Decree’’, in12 cluding Interlocutory Judgment No. 30, Inter13 locutory Judgment No. 35, and Interlocutory 

14 Judgment No. 41. 

15 (14) FUND.—The term ‘‘Fund’’ means the 

16 Pechanga Settlement Fund established by section 9. 

17 (15) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

18 has the meaning given the term in section 4 of the 

19 Indian Self-Determination and Education Assistance 

20 Act (25 U.S.C. 450b). 

21 (16) INJURY TO WATER RIGHTS.—The term 

22 ‘‘injury to water rights’’ means an interference with, 

23 diminution of, or deprivation of water rights under 

24 Federal or State law. 


TKELLEY on DSK3SPTVN1PROD with BILLS
7 

•S 1219 IS

1 (17) INTERIM CAPACITY.—The term ‘‘Interim 

2 Capacity’’ has the meaning set forth in section 1 of 

3 the ESAA Capacity Agreement. 

4 (18) INTERIM CAPACITY NOTICE.—The term 

5 ‘‘Interim Capacity Notice’’ has the meaning set 

6 forth in section 4(b) of the ESAA Capacity Agree7 ment. 

8 (19) MWD.—The term ‘‘MWD’’ means the 

9 Metropolitan Water District of Southern California, 

10 a metropolitan water district organized and incor11 porated under the Metropolitan Water District Act 

12 of the State of California (Stats. 1969, Chapter 209, 

13 as amended). 

14 (20) MWD CONNECTION FEE.—The term 

15 ‘‘MWD Connection Fee’’ has the meaning set forth 

16 in section 2.3(a) of the Extension of Service Area 

17 Agreement. 

18 (21) PECHANGA ESAA DELIVERY CAPACITY AC19 COUNT.—The term ‘‘Pechanga ESAA Delivery Ca20 pacity account’’ means the account established by 

21 section 9(c)(2). 

22 (22) PECHANGA RECYCLED WATER INFRA23 STRUCTURE ACCOUNT.—The term ‘‘Pechanga Recy24 cled Water Infrastructure account’’ means the ac25 count established by section 9(c)(1). 


TKELLEY on DSK3SPTVN1PROD with BILLS
8 

•S 1219 IS

1 (23) PECHANGA SETTLEMENT AGREEMENT.— 

2 The term ‘‘Pechanga Settlement Agreement’’ means 

3 the Pechanga Settlement Agreement, together with 

4 the exhibits to that agreement, entered into by the 

5 Band, the United States on behalf of the Band, its 

6 members and allottees, RCWD, and EMWD. 

7 (24) PECHANGA WATER CODE.—The term 

8 ‘‘Pechanga Water Code’’ means a water code to be 

9 adopted by the Band in accordance with section 5(f). 

10 (25) PECHANGA WATER FUND ACCOUNT.—The 

11 term ‘‘Pechanga Water Fund account’’ means the 

12 account established by section 9(c)(3). 

13 (26) PECHANGA WATER QUALITY ACCOUNT.— 

14 The term ‘‘Pechanga Water Quality account’’ means 

15 the account established by section 9(c)(4). 

16 (27) PERMANENT CAPACITY.—The term ‘‘Per17 manent Capacity’’ has the meaning set forth in sec18 tion 1 of the ESAA Capacity Agreement. 

19 (28) PERMANENT CAPACITY NOTICE.—The 

20 term ‘‘Permanent Capacity Notice’’ has the meaning 

21 set forth in section 5(b) of the ESAA Capacity 

22 Agreement. 

23 (29) RCWD.— 

24 (A) IN GENERAL.—The term ‘‘RCWD’’ 

25 means the Rancho California Water District orVerDate Mar 15 2010 22:13 Jun 26, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1219.IS S1219

TKELLEY on DSK3SPTVN1PROD with BILLS
9 

•S 1219 IS

1 ganized pursuant to section 34000 et seq. of 

2 the California Water Code. 

3 (B) INCLUSIONS.—The term ‘‘RCWD’’ in4 cludes all real property owners for whom 

5 RCWD acts as an agent pursuant to an agency 

6 agreement. 

7 (30) RECYCLED WATER INFRASTRUCTURE

8 AGREEMENT.—The term ‘‘Recycled Water Infra9 structure Agreement’’ means the ‘‘Agreement for 

10 Recycled Water Infrastructure’’ among the Band, 

11 RCWD, and the United States. 

12 (31) RECYCLED WATER TRANSFER AGREE13 MENT.—The term ‘‘Recycled Water Transfer Agree14 ment’’ means the ‘‘Recycled Water Transfer Agree15 ment’’ between the Band and RCWD. 

16 (32) RESERVATION.— 

17 (A) IN GENERAL.—The term ‘‘Reserva18 tion’’ means the land depicted on the map at19 tached to the Pechanga Settlement Agreement 

20 as exhibit I. 

21 (B) APPLICABILITY OF TERM.—The term 

22 ‘‘Reservation’’ shall be used solely for the pur23 poses of the Pechanga Settlement Agreement. 

24 (33) SANTA MARGARITA RIVER WATERSHED.— 

25 The term ‘‘Santa Margarita River Watershed’’ 


TKELLEY on DSK3SPTVN1PROD with BILLS
10 

•S 1219 IS

1 means the watershed that is the subject of the Adju2 dication Proceeding and the Fallbrook Decree. 

3 (34) SECRETARY.—The term ‘‘Secretary’’ 

4 means the Secretary of the Interior. 

5 (35) STATE.—The term ‘‘State’’ means the 

6 State of California. 

7 (36) STORAGE POND.—The term ‘‘Storage 

8 Pond’’ has the meaning set forth in section 1 of the 

9 Recycled Water Infrastructure Agreement. 

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

11 Water Right’’ means the water rights ratified, con12 firmed, and declared to be valid for the benefit of 

13 the Band and allottees of the Band, as set forth and 

14 described in section 5. 

15 SEC. 4. APPROVAL OF THE PECHANGA SETTLEMENT 

16 AGREEMENT. 

17 (a) RATIFICATION OF PECHANGA SETTLEMENT

18 AGREEMENT.— 

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

20 Act, and to the extent that the Pechanga Settlement 

21 Agreement does not conflict with this Act, the 

22 Pechanga Settlement Agreement is authorized, rati23 fied, and confirmed. 

24 (2) AMENDMENTS TO COMPACT.—Any amend25 ment to the Pechanga Settlement Agreement is auVerDate Mar 15 2010 22:13 Jun 26, 2013 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1219.IS S1219

TKELLEY on DSK3SPTVN1PROD with BILLS
11 

•S 1219 IS

1 thorized, ratified, and confirmed, to the extent that 

2 the amendment is executed to make the Pechanga 

3 Settlement Agreement consistent with this Act. 

4 (b) EXECUTION OF PECHANGA SETTLEMENT AGREE5 MENT.— 

6 (1) IN GENERAL.—To the extent that the 

7 Pechanga Settlement Agreement does not conflict 

8 with this Act, the Secretary is directed to and shall 

9 promptly execute— 

10 (A) the Pechanga Settlement Agreement 

11 (including any exhibits to or part of the 

12 Pechanga Settlement Agreement requiring the 

13 signature of the Secretary); and 

14 (B) any amendment to the Pechanga Set15 tlement Agreement necessary to make the 

16 Pechanga Settlement Agreement consistent with 

17 this Act. 

18 (2) MODIFICATIONS.—Nothing in this Act pre19 cludes the Secretary from approving modifications to 

20 exhibits to the Pechanga Settlement Agreement not 

21 inconsistent with this Act, to the extent those modi22 fications do not otherwise require congressional ap23 proval pursuant to section 2116 of the Revised Stat24 utes (25 U.S.C. 177) or other applicable Federal 

25 law. 


TKELLEY on DSK3SPTVN1PROD with BILLS
12 

•S 1219 IS

1 (c) ENVIRONMENTAL COMPLIANCE.— 

2 (1) IN GENERAL.—In implementing the 

3 Pechanga Settlement Agreement, the Secretary shall 

4 promptly comply with all applicable requirements 

5 of— 

6 (A) the National Environmental Policy Act 

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

8 (B) the Endangered Species Act of 1973 

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

10 (C) all other applicable Federal environ11 mental laws; and 

12 (D) all regulations promulgated under the 

13 laws described in subparagraphs (A) through 

14 (C). 

15 (2) EXECUTION OF THE PECHANGA SETTLE16 MENT AGREEMENT.— 

17 (A) IN GENERAL.—Execution of the 

18 Pechanga Settlement Agreement by the Sec19 retary under this section shall not constitute a 

20 major Federal action under the National Envi21 ronmental Policy Act of 1969 (42 U.S.C. 4321 

22 et seq.). 

23 (B) COMPLIANCE.—The Secretary is di24 rected to carry out all Federal compliance necVerDate Mar 15 2010 22:13 Jun 26, 2013 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1219.IS S1219

TKELLEY on DSK3SPTVN1PROD with BILLS
13 

•S 1219 IS

1 essary to implement the Pechanga Settlement 

2 Agreement. 

3 (3) LEAD AGENCY.—The Bureau of Reclama4 tion shall be designated as the lead agency with re5 spect to environmental compliance. 

6 SEC. 5. TRIBAL WATER RIGHT. 

7 (a) INTENT OF CONGRESS.—It is the intent of Con8 gress to provide to each allottee benefits that are equal 

9 to or exceed the benefits allottees possess as of the date 

10 of enactment of this Act, taking into consideration— 

11 (1) the potential risks, cost, and time delay as12 sociated with litigation that would be resolved by the 

13 Pechanga Settlement Agreement and this Act; 

14 (2) the availability of funding under this Act; 

15 (3) the availability of water from the Tribal 

16 Water Right and other water sources as set forth in 

17 the Pechanga Settlement Agreement; and 

18 (4) the applicability of section 7 of the Act of 

19 February 8, 1887 (25 U.S.C. 381), and this Act to 

20 protect the interests of allottees. 

21 (b) CONFIRMATION OF TRIBAL WATER RIGHT.— 

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

23 ratified, confirmed, and declared to be valid. 

24 (2) CHARACTERISTICS OF TRIBAL WATER

25 RIGHT.— 


TKELLEY on DSK3SPTVN1PROD with BILLS
14 

•S 1219 IS

1 (A) IN GENERAL.—The Tribal Water 

2 Right shall be equal to 4,994 AFY of water 

3 that is subject to the jurisdiction of the Adju4 dication Court. 

5 (B) PRIORITY DATES.—The priority date 

6 for— 

7 (i) 3,019 AFY of the Tribal Water 

8 Right shall be June 27, 1882; 

9 (ii) 182 AFY of the Tribal Water 

10 Right shall be August 29, 1893; 

11 (iii) 729 AFY of the Tribal Water 

12 Right shall be January 9, 1907; 

13 (iv) 563 AFY of the Tribal Water 

14 Right shall be March 11, 1907; and 

15 (v) 501 AFY of the Tribal Water 

16 Right shall be May 25, 1931. 

17 (3) USE.—Subject to the terms of the 

18 Pechanga Settlement Agreement, this Act, the 

19 Fallbrook Decree, and applicable Federal law, the 

20 Band may use the Tribal Water Right for any pur21 pose on the Reservation. 

22 (c) HOLDING IN TRUST.—The Tribal Water Right— 

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

24 on behalf of the Band and the allottees in accord25 ance with this section; and 


TKELLEY on DSK3SPTVN1PROD with BILLS
15 

•S 1219 IS

1 (2) shall not be subject to forfeiture or aban2 donment. 

3 (d) ALLOTTEES.— 

4 (1) APPLICABILITY OF ACT OF FEBRUARY 8, 

5 1887.—The provisions of section 7 of the Act of Feb6 ruary 8, 1887 (25 U.S.C. 381), relating to the use 

7 of water for irrigation purposes shall apply to the 

8 Tribal Water Right. 

9 (2) ENTITLEMENT TO WATER.—Any entitle10 ment to water of an allottee who has allotted land 

11 that is located within the exterior boundaries of the 

12 Reservation under Federal law shall be satisfied 

13 from the Tribal Water Right. 

14 (3) ALLOCATIONS.—Allotted land of an allottee 

15 that is located within the exterior boundaries of the 

16 Reservation shall be entitled to a just and equitable 

17 allocation of water for irrigation purposes from the 

18 water resources described in the Pechanga Settle19 ment Agreement. 

20 (4) EXHAUSTION OF REMEDIES.—Before as21 serting any claim against the United States under 

22 section 7 of the Act of February 8, 1887 (25 U.S.C. 

23 381), or any other applicable law, an allottee shall 

24 exhaust remedies available under the Pechanga 

25 Water Code or other applicable tribal law. 


TKELLEY on DSK3SPTVN1PROD with BILLS
16 

•S 1219 IS

1 (5) CLAIMS.—Following exhaustion of remedies 

2 available under the Pechanga Water Code or other 

3 applicable tribal law, an allottee may seek relief 

4 under section 7 of the Act of February 8, 1887 (25 

5 U.S.C. 381), or other applicable law. 

6 (6) AUTHORITY.—The Secretary shall have the 

7 authority to protect the rights of allottees as speci8 fied in this section. 

9 (e) AUTHORITY OF BAND.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2), the Band shall have authority to use, al12 locate, distribute, and lease the Tribal Water Right 

13 in accordance with— 

14 (A) the Pechanga Settlement Agreement; 

15 and 

16 (B) applicable Federal law. 

17 (2) LEASES BY ALLOTTEES.—An allottee may 

18 lease any interest in land held by the allottee, to19 gether with any water right determined to be appur20 tenant to that interest in land. 

21 (f) PECHANGA WATER CODE.— 

22 (1) IN GENERAL.—Not later than 18 months 

23 after the enforceability date, the Band shall enact a 

24 Pechanga Water Code, that provides for— 


TKELLEY on DSK3SPTVN1PROD with BILLS
17 

•S 1219 IS

1 (A) the management, regulation, and gov2 ernance of all uses of the Tribal Water Right 

3 in accordance with the Pechanga Settlement 

4 Agreement; and 

5 (B) establishment by the Band of condi6 tions, permit requirements, and other limita7 tions relating to the storage, recovery, and use 

8 of the Tribal Water Right in accordance with 

9 the Pechanga Settlement Agreement. 

10 (2) INCLUSIONS.—The Pechanga Water Code 

11 shall provide— 

12 (A) that allocations of water to allottees 

13 shall be satisfied with water from the Tribal 

14 Water Right; 

15 (B) that charges for delivery of water for 

16 irrigation purposes for allottees shall be as17 sessed in accordance with section 7 of the Act 

18 of February 8, 1887 (25 U.S.C. 381); 

19 (C) a process by which an allottee or water 

20 user on allotted land may request that the 

21 Band provide water for irrigation use in accord22 ance with this Act; 

23 (D) a due process system for the consider24 ation and determination by the Band of any re25 quest by an allottee, water user on allotted 


TKELLEY on DSK3SPTVN1PROD with BILLS
18 

•S 1219 IS

1 land, or any successor in interest to an allottee, 

2 for an allocation of such water for irrigation 

3 purposes on allotted land, including a process 

4 for— 

5 (i) appeal and adjudication of any de6 nied or disputed distribution of water; and 

7 (ii) resolution of any contested admin8 istrative decision; and 

9 (E) a requirement that any allottee or 

10 water user on allotted land with a claim relat11 ing to the enforcement of rights of the allottee 

12 or water user under the Pechanga Water Code 

13 or relating to the amount of water allocated to 

14 land of the allottee shall first exhaust remedies 

15 available to the allottee under tribal law and the 

16 Pechanga Water Code before initiating an ac17 tion against the United States or petitioning 

18 the Secretary pursuant to subsection (d)(4). 

19 (3) ACTION BY SECRETARY.— 

20 (A) IN GENERAL.—The Secretary shall ad21 minister the Tribal Water Right until the 

22 Pechanga Water Code is enacted and approved 

23 in accordance with this section. 

24 (B) APPROVAL.—Any provision of the 

25 Pechanga Water Code and any amendment to 


TKELLEY on DSK3SPTVN1PROD with BILLS
19 

•S 1219 IS

1 the Pechanga Water Code that affects the 

2 rights of allottees shall— 

3 (i) be subject to the approval of the 

4 Secretary; and 

5 (ii) not be valid until the date on 

6 which the amendment is approved by the 

7 Secretary. 

8 (C) APPROVAL PERIOD.—The Secretary 

9 shall approve or disapprove the Pechanga 

10 Water Code within a reasonable period of time 

11 after the date on which the Band submits the 

12 Pechanga Water Code to the Secretary for ap13 proval. 

14 (g) EFFECT.—Except as otherwise specifically pro15 vided in this section, nothing in this Act— 

16 (1) authorizes any action by an allottee or 

17 water user on allotted land against any individual or 

18 entity, or against the Band, under Federal, State, 

19 tribal, or local law; or 

20 (2) alters or affects the status of any action 

21 pursuant to section 1491(a) of title 28, United 

22 States Code. 

23 SEC. 6. SATISFACTION OF CLAIMS. 

24 (a) IN GENERAL.—The benefits provided to the Band 

25 and the allottees under the Pechanga Settlement AgreeVerDate Mar 15 2010 22:13 Jun 26, 2013 Jkt 029200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1219.IS S1219

TKELLEY on DSK3SPTVN1PROD with BILLS
20 

•S 1219 IS

1 ment and this Act shall satisfy all claims of the Band and 

2 the allottees waived pursuant to section 7. 

3 (b) NO RECOGNITION OF WATER RIGHTS.—Except 

4 as provided in section 5(d), nothing in this Act recognizes 

5 or establishes any right of a member of the Band or an 

6 allottee to water within the Reservation. 

7 (c) CLAIMS RELATING TO DEVELOPMENT OF WATER

8 FOR RESERVATION.— 

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

10 be appropriated under section 11 shall be used to 

11 satisfy any claim of the allottees against the United 

12 States with respect to the development or protection 

13 of water resources for the Reservation. 

14 (2) SATISFACTION OF CLAIMS.—On the com15 plete appropriation of amounts authorized to be ap16 propriated under section 11, any claim of the 

17 allottees against the United States with respect to 

18 the development or protection of water resources for 

19 the Reservation shall be deemed to have been satis20 fied. 

21 SEC. 7. WAIVER OF CLAIMS. 

22 (a) IN GENERAL.— 

23 (1) WAIVER OF CLAIMS BY THE BAND AND THE

24 UNITED STATES.— 


TKELLEY on DSK3SPTVN1PROD with BILLS
21 

•S 1219 IS

1 (A) IN GENERAL.—Subject to the retention 

2 of rights set forth in subsection (c), notwith3 standing any provisions to the contrary in the 

4 Pechanga Settlement Agreement, the Band, and 

5 the United States on behalf of the Band and 

6 allottees, are authorized to execute waivers for 

7 any and all claims for water rights in the Santa 

8 Margarita River Watershed— 

9 (i) for land located within the Res10 ervation in the Santa Margarita River Wa11 tershed arising from time immemorial and, 

12 thereafter, forever; and 

13 (ii) that are based on aboriginal occu14 pancy for land overlying the Santa Mar15 garita River Watershed arising from time 

16 immemorial and, thereafter, forever. 

17 (B) CLAIMS AGAINST RCWD AND EMWD.— 

18 Subject to the retention of rights set forth in 

19 subsection (c), notwithstanding any provisions 

20 to the contrary in the Pechanga Settlement 

21 Agreement, the Band and the United States on 

22 behalf of the Band and allottees fully release, 

23 acquit, and discharge RCWD and EMWD 

24 from— 


TKELLEY on DSK3SPTVN1PROD with BILLS
22 

•S 1219 IS

1 (i) claims for injuries to water rights 

2 in the Santa Margarita River Watershed 

3 for land located within the Reservation in 

4 that watershed arising or occurring at any 

5 time up to and including June 30, 2009; 

6 (ii) claims for injuries to water rights 

7 in the Santa Margarita River Watershed 

8 for land located within the Reservation in 

9 that watershed arising or occurring at any 

10 time after June 30, 2009, resulting from 

11 the diversion or use of water in a manner 

12 not in violation of the Pechanga Settle13 ment Agreement or this Act; 

14 (iii) claims for subsidence damage to 

15 land located within the Reservation arising 

16 or occurring at any time up to and includ17 ing June 30, 2009; 

18 (iv) claims for subsidence damage 

19 arising or occurring after June 30, 2009, 

20 to land located within the Reservation re21 sulting from the diversion of underground 

22 water in a manner consistent with the 

23 Pechanga Settlement Agreement or this 

24 Act; and 


TKELLEY on DSK3SPTVN1PROD with BILLS
23 

•S 1219 IS

1 (v) claims arising out of, or relating in 

2 any manner to, the negotiation or execu3 tion of the Pechanga Settlement Agree4 ment or the negotiation or execution of 

5 this Act. 

6 (2) CLAIMS BY THE UNITED STATES AGAINST

7 THE BAND.—Subject to the retention of rights set 

8 forth in subsection (c), to the extent consistent with 

9 this Act, the United States, in all its capacities (ex10 cept as trustee for an Indian tribe other than the 

11 Band), as part of the performance of obligations 

12 under the Pechanga Settlement Agreement, is au13 thorized to execute a waiver and release of any and 

14 all claims against the Band, including any agency, 

15 official, or employee of the Band, under Federal, 

16 State, or any other law for— 

17 (A) claims for injuries to water rights in 

18 the Santa Margarita River Watershed for land 

19 located within the Reservation in that water20 shed arising or occurring at any time up to and 

21 including June 30, 2009; 

22 (B) claims for injuries to water rights in 

23 the Santa Margarita River Watershed for land 

24 located within the Reservation in that water25 shed arising or occurring at any time after 


TKELLEY on DSK3SPTVN1PROD with BILLS
24 

•S 1219 IS

1 June 30, 2009, resulting from the diversion or 

2 use of water in a manner not in violation the 

3 Pechanga Settlement Agreement or this Act; 

4 (C) claims for subsidence damage to land 

5 located within the Reservation arising or occur6 ring at any time up to and including June 30, 

7 2009; 

8 (D) claims for subsidence damage arising 

9 or occurring after June 30, 2009, to land lo10 cated within the Reservation resulting from the 

11 diversion of underground water in a manner not 

12 in violation of the Pechanga Settlement Agree13 ment or this Act; and 

14 (E) claims arising out of, or relating in 

15 any manner to, the negotiation or execution of 

16 the Pechanga Settlement Agreement or the ne17 gotiation or execution of this Act. 

18 (3) CLAIMS BY THE BAND AGAINST THE

19 UNITED STATES.—Subject to the retention of rights 

20 set forth in subsection (c), the Band, on behalf of 

21 itself and its members, is authorized to execute a 

22 waiver and release of— 

23 (A) all claims against the United States, 

24 including the agencies and employees of the 

25 United States, relating to claims for water 


TKELLEY on DSK3SPTVN1PROD with BILLS
25 

•S 1219 IS

1 rights in, or water of, the Santa Margarita 

2 River Watershed that the United States, acting 

3 in its capacity as trustee for the Band, as4 serted, or could have asserted, in any pro5 ceeding, including the Adjudication Proceeding; 

6 (B) all claims against the United States, 

7 including the agencies and employees of the 

8 United States, relating to damages, losses, or 

9 injuries to water, water rights, land, or natural 

10 resources due to loss of water or water rights 

11 (including damages, losses or injuries to hunt12 ing, fishing, gathering, or cultural rights due to 

13 loss of water or water rights, claims relating to 

14 interference with, diversion, or taking of water 

15 or water rights, or claims relating to failure to 

16 protect, acquire, replace, or develop water, 

17 water rights, or water infrastructure) in the 

18 Santa Margarita River Watershed that first ac19 crued at any time up to and including June 30, 

20 2009; 

21 (C) all claims against the United States, 

22 including the agencies and employees of the 

23 United States, relating to the pending litigation 

24 of claims relating to the water rights of the 

25 Band in the Adjudication Proceeding; and 


TKELLEY on DSK3SPTVN1PROD with BILLS
26 

•S 1219 IS

1 (D) all claims against the United States, 

2 including the agencies and employees of the 

3 United States, relating to the negotiation or 

4 execution of the Pechanga Settlement Agree5 ment or the negotiation or execution of this 

6 Act. 

7 (b) EFFECTIVENESS OF WAIVERS AND RELEASES.— 

8 The waivers under subsection (a) shall take effect on the 

9 enforceability date. 

10 (c) RESERVATION OF RIGHTS AND RETENTION OF

11 CLAIMS.—Notwithstanding the waivers and releases au12 thorized in this Act, the Band and the United States, act13 ing in its capacity as trustee for the Band and allottees, 

14 retain— 

15 (1) claims for enforcement of the Pechanga Set16 tlement Agreement and this Act; 

17 (2) claims against persons other than RCWD 

18 and EMWD; 

19 (3) claims for water rights that are outside the 

20 jurisdiction of the Adjudication Court; 

21 (4) claims for water rights for land within the 

22 Santa Margarita River Watershed that is outside the 

23 Reservation, subject to the condition that such 

24 claims are for water rights consistent with the water 


TKELLEY on DSK3SPTVN1PROD with BILLS
27 

•S 1219 IS

1 rights recognized for such land in the Fallbrook De2 cree; 

3 (5) rights to use and protect water rights ac4 quired on or after the enforceability date; and 

5 (6) remedies, privileges, immunities, powers and 

6 claims, including claims for water rights, not specifi7 cally waived and released pursuant to this Act and 

8 the Pechanga Settlement Agreement. 

9 (d) EFFECT OF PECHANGA SETTLEMENT AGREE10 MENT AND ACT.—Nothing in the Pechanga Settlement 

11 Agreement or this Act— 

12 (1) affects the ability of the United States or 

13 the Band, acting as sovereign, to take actions au14 thorized by law, including any laws relating to 

15 health, safety, or the environment, including— 

16 (A) the Comprehensive Environmental Re17 sponse, Compensation, and Liability Act of 

18 1980 (42 U.S.C. 9601 et seq.); 

19 (B) the Safe Drinking Water Act (42 

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

21 (C) the Federal Water Pollution Control 

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

23 (D) any regulations implementing the Acts 

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


TKELLEY on DSK3SPTVN1PROD with BILLS
28 

•S 1219 IS

1 (2) affects the ability of the United States to 

2 take actions acting as trustee for any other Indian 

3 tribe or an allottee of any other Indian tribe; 

4 (3) confers jurisdiction on any State court— 

5 (A) to interpret Federal law regarding 

6 health, safety, or the environment; 

7 (B) to determine the duties of the United 

8 States or other parties pursuant to Federal law 

9 regarding health, safety, or the environment; or 

10 (C) to conduct judicial review of Federal 

11 agency action; or 

12 (4) waives any claim of a member of the Band 

13 in an individual capacity that does not derive from 

14 a right of the Band. 

15 (e) ENFORCEABILITY DATE.—The enforceability date 

16 shall be the date on which the Secretary publishes in the 

17 Federal Register a statement of findings that— 

18 (1) the Pechanga Settlement Agreement has 

19 been approved by the Adjudication Court; 

20 (2) all amounts authorized by this Act have 

21 been deposited in the Fund; 

22 (3) the waivers and releases authorized in sub23 section (a) have been executed by the Band and the 

24 Secretary; and 

25 (4) the Extension of Service Area Agreement— 


TKELLEY on DSK3SPTVN1PROD with BILLS
29 

•S 1219 IS

1 (A) has been approved and executed by all 

2 the parties to the Extension of Service Area 

3 Agreement; and 

4 (B) is effective and enforceable in accord5 ance with the terms of that Agreement. 

6 (f) TOLLING OF CLAIMS.— 

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

8 limitation and time-based equitable defense relating 

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

10 the period beginning on the date of enactment of 

11 this Act and ending on the earlier of— 

12 (A) April 30, 2030; 

13 (B) such alternate date as is agreed to by 

14 the Band and the Secretary; and 

15 (C) the enforceability date. 

16 (2) EFFECTS 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. 


TKELLEY on DSK3SPTVN1PROD with BILLS
30 

•S 1219 IS

1 (g) RESTRICTION.—If the full amount of appropria2 tions authorized by this Act has not been made available 

3 to the Secretary by April 30, 2030— 

4 (1) the waivers authorized by this section shall 

5 expire and no longer have any force or effect; and 

6 (2) the statute of limitations for a claim waived 

7 under this section shall be tolled until April 30, 

8 2030. 

9 (h) VOIDING OF WAIVERS.—If the waivers authorized 

10 by this section are void under subsection (g)— 

11 (1) the approval of the United States of the 

12 Pechanga Settlement Agreement under section 4 

13 shall no longer be effective; 

14 (2) any unexpended Federal funds appropriated 

15 or made available to carry out the activities author16 ized by this Act, together with any interest earned 

17 on those funds, and any water right or contract to 

18 use water and title to other property acquired or 

19 constructed with Federal funds appropriated or 

20 made available to carry out the activities authorized 

21 in this Act shall be returned to the Federal Govern22 ment, unless otherwise agreed to by the Band and 

23 the United States and approved by Congress; and 

24 (3) except for Federal funds used to acquire or 

25 develop property that is returned to the Federal 


TKELLEY on DSK3SPTVN1PROD with BILLS
31 

•S 1219 IS

1 Government under paragraph (2), the United States 

2 shall be entitled to set off any Federal funds appro3 priated or made available to carry out the activities 

4 authorized by this Act that were expended or with5 drawn, together with any interest accrued, against 

6 any claims against the United States relating to 

7 water rights asserted by the Band or in any future 

8 settlement of the water rights of the Band. 

9 SEC. 8. WATER FACILITIES. 

10 (a) IN GENERAL.—The Secretary shall, subject to the 

11 availability of appropriations, using amounts from the des12 ignated accounts of the Fund, provide the amounts nec13 essary to fulfill the obligations of the Band under the Re14 cycled Water Infrastructure Agreement and the ESAA Ca15 pacity Agreement, in an amount not to exceed the 

16 amounts deposited in the designated accounts for those 

17 purposes, in accordance with this Act and the terms and 

18 conditions of those agreements. 

19 (b) NONREIMBURSABILITY OF COSTS.—All costs in20 curred by the Secretary in carrying out this section shall 

21 be nonreimbursable. 

22 (c) RECYCLED WATER INFRASTRUCTURE.— 

23 (1) IN GENERAL.—The Secretary shall, using 

24 amounts from the Pechanga Recycled Water InfraVerDate Mar 15 2010 22:13 Jun 26, 2013 Jkt 029200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1219.IS S1219

TKELLEY on DSK3SPTVN1PROD with BILLS
32 

•S 1219 IS

1 structure account, provide amounts for the Storage 

2 Pond in accordance with this section. 

3 (2) STORAGE POND.— 

4 (A) IN GENERAL.—The Secretary shall, 

5 subject to the availability of appropriations, 

6 provide the amounts necessary to fulfill the ob7 ligations of the Band under the Recycled Water 

8 Infrastructure Agreement for the design and 

9 construction of the Storage Pond, in an amount 

10 not to exceed $2,500,000, adjusted for changes 

11 since June 30, 2009, in construction costs as 

12 indicated by engineering cost indices applicable 

13 to types of construction required to design and 

14 construct the Storage Pond. 

15 (B) PROCEDURE.—The procedure for the 

16 Secretary to provide amounts pursuant to this 

17 section shall be as set forth in the Recycled 

18 Water Infrastructure Agreement. 

19 (C) LEAD AGENCY.—The Bureau of Rec20 lamation shall be the lead agency for purposes 

21 of the implementation of this section. 

22 (D) LIABILITY.—The United States shall 

23 have no responsibility or liability for the Stor24 age Pond to be designed and constructed by 

25 RCWD. 


TKELLEY on DSK3SPTVN1PROD with BILLS
33 

•S 1219 IS

1 (E) REVERSION.—If RCWD does not sub2 mit the Storage Pond notice to the Band by the 

3 date that is 3 years after the enforceability 

4 date, the amounts remaining in the Pechanga 

5 Recycled Water Infrastructure account for pur6 poses of the design and construction of the 

7 Storage Pond, including any interest that has 

8 accrued on those amounts, shall revert to the 

9 general fund of the Treasury. 

10 (d) ESAA DELIVERY CAPACITY.— 

11 (1) IN GENERAL.—The Secretary shall, using 

12 amounts from the Pechanga ESAA Delivery Capac13 ity account, provide amounts for Interim Capacity 

14 and Permanent Capacity in accordance with this 

15 section. 

16 (2) INTERIM CAPACITY.— 

17 (A) IN GENERAL.—The Secretary shall, 

18 subject to the availability of appropriations, 

19 using amounts from the ESAA Delivery Capac20 ity account, provide amounts necessary to fulfill 

21 the obligations of the Band under the ESAA 

22 Capacity Agreement for the provision by 

23 RCWD of Interim Capacity to the Band in an 

24 amount not to exceed $1,000,000. 


TKELLEY on DSK3SPTVN1PROD with BILLS
34 

•S 1219 IS

1 (B) PROCEDURE.—The procedure for the 

2 Secretary to provide amounts pursuant to this 

3 section shall be as set forth in the ESAA Ca4 pacity Agreement. 

5 (C) LEAD AGENCY.—The Bureau of Rec6 lamation shall be the lead agency for purposes 

7 of the implementation of this section. 

8 (D) LIABILITY.—The United States shall 

9 have no responsibility or liability for the In10 terim Capacity to be provided by RCWD. 

11 (E) TRANSFER TO BAND.—If RCWD does 

12 not provide the Interim Capacity Notice re13 quired pursuant to the ESAA Capacity Agree14 ment by the date that is 60 days after the date 

15 required under the ESAA Capacity Agreement, 

16 the amounts in the Pechanga ESAA Delivery 

17 Capacity account for purposes of the provision 

18 of Interim Capacity and Permanent Capacity, 

19 including any interest that has accrued on those 

20 amounts, shall be available for use by the Band 

21 to provide alternative interim capacity in a 

22 manner that is similar to the Interim Capacity 

23 and Permanent Capacity that the Band would 

24 have received had RCWD provided such Interim 

25 Capacity and Permanent Capacity. 


TKELLEY on DSK3SPTVN1PROD with BILLS
35 

•S 1219 IS

1 (3) PERMANENT CAPACITY.— 

2 (A) IN GENERAL.—On receipt of the Per3 manent Capacity Notice pursuant to section 

4 5(b) of the ESAA Capacity Agreement, the Sec5 retary, acting through the Bureau of Reclama6 tion, shall enter into negotiations with RCWD 

7 and the Band to establish an agreement that 

8 will allow for the disbursement of amounts from 

9 the Pechanga ESAA Delivery Capacity account 

10 in accordance with subparagraph (B). 

11 (B) SCHEDULE OF DISBURSEMENT.— 

12 (i) IN GENERAL.—Subject to clause 

13 (ii), on execution of the ESAA Capacity 

14 Agreement, the Secretary shall, subject to 

15 the availability of appropriations and using 

16 amounts from the ESAA Delivery Capacity 

17 account, provide amounts necessary to ful18 fill the obligations of the Band under the 

19 ESAA Capacity Agreement for the provi20 sion by RCWD of Permanent Capacity to 

21 the Band in an amount not to exceed 

22 $22,000,000. 

23 (ii) ADJUSTMENT.—The amount 

24 under clause (i) shall be adjusted for 

25 changes in construction costs since June 


TKELLEY on DSK3SPTVN1PROD with BILLS
36 

•S 1219 IS

1 30, 2009, as indicated by engineering cost 

2 indices applicable to types of construction 

3 required to design and construct the Per4 manent Capacity. 

5 (C) PROCEDURE.—The procedure for the 

6 Secretary to provide funds pursuant to this sec7 tion shall be as set forth in the ESAA Capacity 

8 Agreement. 

9 (D) LEAD AGENCY.—The Bureau of Rec10 lamation shall be the lead agency for purposes 

11 of the implementation of this section. 

12 (E) LIABILITY.—The United States shall 

13 have no responsibility or liability for the Perma14 nent Capacity to be provided by RCWD. 

15 (F) TRANSFER TO BAND.—If RCWD does 

16 not provide the Permanent Capacity Notice re17 quired pursuant to the ESAA Capacity Agree18 ment by the date that is 5 years after the en19 forceability date, the amounts in the Pechanga 

20 ESAA Delivery Capacity account for purposes 

21 of the provision of Permanent Capacity, includ22 ing any interest that has accrued on those 

23 amounts, shall be available for use by the Band 

24 to provide alternative permanent capacity in a 

25 manner that is similar to the Permanent CaVerDate Mar 15 2010 22:13 Jun 26, 2013 Jkt 029200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S1219.IS S1219

TKELLEY on DSK3SPTVN1PROD with BILLS
37 

•S 1219 IS

1 pacity that the Band would have received had 

2 RCWD provided such Permanent Capacity. 

3 SEC. 9. PECHANGA SETTLEMENT FUND. 

4 (a) ESTABLISHMENT.—There is established in the 

5 Treasury of the United States a fund to be known as the 

6 ‘‘Pechanga Settlement Fund’’, to be administered by the 

7 Secretary for the purpose of carrying out this Act. 

8 (b) TRANSFERS TO FUND.—The Fund shall consist 

9 of such amounts as are deposited in the Fund under sec10 tion 11(a). 

11 (c) ACCOUNTS OF PECHANGA SETTLEMENT FUND.— 

12 The Secretary shall establish in the Fund the following 

13 accounts: 

14 (1) Pechanga Recycled Water Infrastructure ac15 count, consisting of amounts authorized to be appro16 priated under section 11(a)(1). 

17 (2) Pechanga ESAA Delivery Capacity account, 

18 consisting of amounts authorized to be appropriated 

19 under section 11(a)(2). 

20 (3) Pechanga Water Fund account, consisting 

21 of amounts authorized to be appropriated under sec22 tion 11(a)(3). 

23 (4) Pechanga Water Quality account, consisting 

24 of amounts authorized to be appropriated under sec25 tion 11(a)(4). 


TKELLEY on DSK3SPTVN1PROD with BILLS
38 

•S 1219 IS

1 (d) DEPOSITS TO FUND.— 

2 (1) IN GENERAL.—The Secretary of the Treas3 ury shall promptly deposit in the Fund any amounts 

4 appropriated to the Fund. 

5 (2) DEPOSITS TO ACCOUNTS.—The Secretary of 

6 the Treasury shall deposit amounts in the accounts 

7 of the Fund established under subsection (c). 

8 (e) MANAGEMENT.— 

9 (1) IN GENERAL.—The Secretary shall manage 

10 the Fund, make investments from the Fund, and 

11 make amounts available from the Fund for distribu12 tion to the Band consistent with the American In13 dian Trust Fund Management Reform Act of 1994 

14 (25 U.S.C. 4001 et seq.). 

15 (2) INVESTMENT OF PECHANGA SETTLEMENT

16 FUND.—The Secretary shall invest amounts in the 

17 Fund in accordance with— 

18 (A) the Act of April 1, 1880 (25 U.S.C. 

19 161); 

20 (B) the first section of the Act of June 24, 

21 1938 (25 U.S.C. 162a); and 

22 (C) the obligations of Federal corporations 

23 and Federal Government-sponsored entities, the 

24 charter documents of which provide that the obVerDate Mar 15 2010 22:13 Jun 26, 2013 Jkt 029200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1219.IS S1219

TKELLEY on DSK3SPTVN1PROD with BILLS
39 

•S 1219 IS

1 ligations of the entities are lawful investments 

2 for federally managed funds, including— 

3 (i) the obligations of the United 

4 States Postal Service described in section 

5 2005 of title 39, United States Code; 

6 (ii) bonds and other obligations of the 

7 Tennessee Valley Authority described in 

8 section 15d of the Tennessee Valley Au9 thority Act of 1933 (16 U.S.C. 831n–4); 

10 (iii) mortgages, obligations, and other 

11 securities of the Federal Home Loan Mort12 gage Corporation described in section 303 

13 of the Federal Home Loan Mortgage Cor14 poration Act (12 U.S.C. 1452); and 

15 (iv) bonds, notes, and debentures of 

16 the Commodity Credit Corporation de17 scribed in section 4 of the Act of March 8, 

18 1938 (15 U.S.C. 713a–4). 

19 (3) DISTRIBUTIONS FROM PECHANGA SETTLE20 MENT FUND.— 

21 (A) IN GENERAL.—Amounts from the 

22 Fund shall be used in accordance with subpara23 graphs (B) through (E). 

24 (B) PECHANGA RECYCLED WATER INFRA25 STRUCTURE ACCOUNT.—The Pechanga RecyVerDate Mar 15 2010 22:13 Jun 26, 2013 Jkt 029200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S1219.IS S1219

TKELLEY on DSK3SPTVN1PROD with BILLS
40 

•S 1219 IS

1 cled Water Infrastructure account shall be used 

2 for expenditures by the Band in accordance 

3 with section 8(c). 

4 (C) PECHANGA ESAA DELIVERY CAPACITY

5 ACCOUNT.—The Pechanga ESAA Delivery Ca6 pacity account shall be used for expenditures by 

7 the Band in accordance with section 8(d). 

8 (D) PECHANGA WATER FUND ACCOUNT.— 

9 The Pechanga Water Fund account shall be 

10 used for— 

11 (i) payment of the EMWD Connection 

12 Fee; 

13 (ii) payment of the MWD Connection 

14 Fee; and 

15 (iii) any expenses, charges, or fees in16 curred by the Band in connection with the 

17 delivery or use of water pursuant to the 

18 Pechanga Settlement Agreement. 

19 (E) PECHANGA WATER QUALITY AC20 COUNT.—The Pechanga Water Quality account 

21 shall be used by the Band to fund groundwater 

22 desalination activities within the Wolf Valley 

23 Basin. 

24 (4) WITHDRAWALS BY BAND.— 


TKELLEY on DSK3SPTVN1PROD with BILLS
41 

•S 1219 IS

1 (A) IN GENERAL.—The Band may with2 draw any portion of amounts in the Fund on 

3 approval by the Secretary of a tribal manage4 ment plan in accordance with the American In5 dian Trust Fund Management Reform Act of 

6 1994 (25 U.S.C. 4001 et seq.). 

7 (B) REQUIREMENTS.— 

8 (i) IN GENERAL.—In addition to the 

9 requirements under the American Indian 

10 Trust Fund Management Reform Act of 

11 1994 (25 U.S.C. 4001 et seq.), the tribal 

12 management plan of the Band under sub13 paragraph (A) shall require that the Band 

14 spend any amounts withdrawn from the 

15 Fund in accordance with this Act. 

16 (ii) ENFORCEMENT.—The Secretary 

17 may carry out such judicial or administra18 tive actions as the Secretary determines to 

19 be necessary to enforce a tribal manage20 ment plan to ensure that amounts with21 drawn by the Band from the Fund under 

22 this paragraph are used in accordance with 

23 this Act. 

24 (C) LIABILITY.—The Secretary and the 

25 Secretary of the Treasury shall not be liable for 


TKELLEY on DSK3SPTVN1PROD with BILLS
42 

•S 1219 IS

1 the expenditure or investment of amounts with2 drawn from the Fund by the Band under this 

3 paragraph. 

4 (D) EXPENDITURE PLAN.— 

5 (i) IN GENERAL.—For each fiscal 

6 year, the Band shall submit to the Sec7 retary for approval an expenditure plan for 

8 any portion of the amounts described in 

9 subparagraph (A) that the Band elects not 

10 to withdraw under this paragraph during 

11 the fiscal year. 

12 (ii) INCLUSION.—An expenditure plan 

13 under clause (i) shall include a description 

14 of the manner in which, and the purposes 

15 for which, funds of the Band remaining in 

16 the Fund will be used during subsequent 

17 fiscal years. 

18 (iii) APPROVAL.—On receipt of an ex19 penditure plan under clause (i), the Sec20 retary shall approve the plan if the Sec21 retary determines that the plan is— 

22 (I) reasonable; and 

23 (II) consistent with this Act. 

24 (5) ANNUAL REPORTS.—The Band shall submit 

25 to the Secretary annual reports describing each exVerDate Mar 15 2010 22:13 Jun 26, 2013 Jkt 029200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S1219.IS S1219

TKELLEY on DSK3SPTVN1PROD with BILLS
43 

•S 1219 IS

1 penditure by the Band of amounts in the Fund dur2 ing the preceding calendar year. 

3 (6) CERTAIN PER CAPITA DISTRIBUTIONS PRO4 HIBITED.—No amounts in the Fund shall be distrib5 uted to any member of the Band on a per capita 

6 basis. 

7 (f) AVAILABILITY.—Amounts in the Fund shall be 

8 available for use by the Secretary and withdrawal by the 

9 Band beginning on the enforceability date. 

10 SEC. 10. MISCELLANEOUS PROVISIONS. 

11 (a) WAIVER OF SOVEREIGN IMMUNITY BY THE

12 UNITED STATES.—Except as provided in subsections (a) 

13 through (c) of section 208 of the Department of Justice 

14 Appropriation Act, 1953 (43 U.S.C. 666), nothing in this 

15 Act waives the sovereign immunity of the United States. 

16 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

17 Nothing in this Act quantifies or diminishes any land or 

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

19 of an Indian tribe, band, or community other than the 

20 Band. 

21 (c) LIMITATION ON CLAIMS FOR REIMBURSEMENT.— 

22 With respect to Indian land within the Reservation— 

23 (1) the United States shall not submit against 

24 any Indian-owned land located within the Reserva25 tion any claim for reimbursement of the cost to the 


TKELLEY on DSK3SPTVN1PROD with BILLS
44 

•S 1219 IS

1 United States of carrying out this Act and the 

2 Pechanga Settlement Agreement; and 

3 (2) no assessment of any Indian-owned land lo4 cated within the Reservation shall be made regard5 ing that cost. 

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

7 section affects any provision of law (including regulations) 

8 in effect on the day before the date of enactment of this 

9 Act with respect to preenforcement review of any Federal 

10 environmental enforcement action. 

11 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.— 

13 (1) PECHANGA RECYCLED WATER INFRASTRUC14 TURE ACCOUNT.—There is authorized to be appro15 priated $2,500,000, for deposit in the Pechanga Re16 cycled Water Infrastructure account, adjusted for 

17 changes in construction costs since June 30, 2009, 

18 in engineering cost indices applicable to types of 

19 construction required to design and construct the 

20 Storage Pond, to carry out the activities described in 

21 section 8(c). 

22 (2) PECHANGA ESAA DELIVERY CAPACITY AC23 COUNT.—There is authorized to be appropriated 

24 $23,000,000, for deposit in the Pechanga ESAA De25 livery Capacity account, adjusted for changes in conVerDate Mar 15 2010 22:13 Jun 26, 2013 Jkt 029200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S1219.IS S1219

TKELLEY on DSK3SPTVN1PROD with BILLS
45 

•S 1219 IS

1 struction costs since June 30, 2009, in engineering 

2 cost indices applicable to types of construction re3 quired to provide the Interim Capacity and the Per4 manent Capacity, to carry out the activities de5 scribed in paragraphs (2) and (3) of section 8(d). 

6 (3) PECHANGA WATER FUND ACCOUNT.—There 

7 is authorized to be appropriated $12,232,000 for de8 posit in the Pechanga Water Fund account, adjusted 

9 to reflect changes in appropriate cost indices during 

10 the period beginning on the date of enactment and 

11 ending on the date of appropriation, for the pur12 poses set forth in section 9(e)(3)(D). 

13 (4) PECHANGA WATER QUALITY ACCOUNT.— 

14 There is authorized to be appropriated $2,460,000 

15 for deposit in the Pechanga Water Quality account, 

16 adjusted to reflect changes in appropriate cost indi17 ces during the period beginning on the date of enact18 ment and ending on the date of appropriation, for 

19 the purposes set forth in section 9(e)(3)(E). 

20 SEC. 12. REPEAL ON FAILURE OF ENFORCEABILITY DATE. 

21 If the Secretary does not publish a statement of find22 ings under section 7(e) by April 30, 2030, or such alter23 native later date as is agreed to by the Band and the Sec24 retary, as applicable— 


TKELLEY on DSK3SPTVN1PROD with BILLS
46 

•S 1219 IS

1 (1) this Act is repealed effective on the later of 

2 May 1, 2030, or the day after the alternative date 

3 agreed to by the Band and the Secretary; 

4 (2) any action taken by the Secretary and any 

5 contract or agreement pursuant to the authority pro6 vided under any provision of this Act shall be void; 

7 (3) any amounts appropriated under section 11, 

8 together with any interest on those amounts, shall 

9 immediately revert to the general fund of the Treas10 ury; and 

11 (4) any amounts made available under section 

12 11 that remain unexpended shall immediately revert 

13 to the general fund of the Treasury. 

14 SEC. 13. ANTIDEFICIENCY. 

15 The United States shall not be liable for any failure 

16 to carry out any obligation or activity authorized to be 

17 carried out by this Act (including any obligation or activity 

18 under the Pechanga Settlement Agreement) if adequate 

19 appropriations are not provided expressly by Congress to 

20 carry out the purposes of this Act or there are not enough 

21 monies available to carry out the purposes of this Act in— 

22 (1) the Reclamation Water Settlements Fund 

23 established under section 10501(a) of the Omnibus 

24 Public Land Management Act of 2009 (43 U.S.C. 

25 407(a)); or 


TKELLEY on DSK3SPTVN1PROD with BILLS
47 

•S 1219 IS

1 (2) the Emergency Fund for Indian Safety and 

2 Health established by section 601(a) of the Tom 

3 Lantos and Henry J. Hyde United States Global 

4 Leadership Against HIV/AIDS, Tuberculosis, and 

5 Malaria Reauthorization Act of 2008 (25 U.S.C. 

6 443c(a)). 

Æ 


TKELLEY on DSK3SPTVN1PROD with BILLS