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

                                                       Calendar No. 349
113th CONGRESS
  2d 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

                             April 3, 2014

               Reported by Mr. Tester, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

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

<DELETED>SEC. 2. PURPOSES.</DELETED>

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

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) AFY.--The term ``AFY'' means acre-feet per 
        year.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) located within the Reservation; 
                and</DELETED>
                <DELETED>    (B) held in trust by the United 
                States.</DELETED>
        <DELETED>    (5) Band.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Exclusion.--The term ``Band'' does not 
                include an individual member of the Band acting in the 
                capacity of an allottee.</DELETED>
        <DELETED>    (6) Claims.--The term ``claims'' means rights, 
        claims, demands, actions, compensation, or causes of action, 
        whether known or unknown, as of June 30, 2009.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (13) Fallbrook decree.--</DELETED>
                <DELETED>    (A) In general.--The term ``Fallbrook 
                Decree'' means the ``Modified Final Judgment And 
                Decree'', entered in the Adjudication Proceeding on 
                April 6, 1966.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (14) Fund.--The term ``Fund'' means the Pechanga 
        Settlement Fund established by section 9.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (17) Interim capacity.--The term ``Interim 
        Capacity'' has the meaning set forth in section 1 of the ESAA 
        Capacity Agreement.</DELETED>
        <DELETED>    (18) Interim capacity notice.--The term ``Interim 
        Capacity Notice'' has the meaning set forth in section 4(b) of 
        the ESAA Capacity Agreement.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (21) Pechanga esaa delivery capacity account.--The 
        term ``Pechanga ESAA Delivery Capacity account'' means the 
        account established by section 9(c)(2).</DELETED>
        <DELETED>    (22) Pechanga recycled water infrastructure 
        account.--The term ``Pechanga Recycled Water Infrastructure 
        account'' means the account established by section 
        9(c)(1).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (25) Pechanga water fund account.--The term 
        ``Pechanga Water Fund account'' means the account established 
        by section 9(c)(3).</DELETED>
        <DELETED>    (26) Pechanga water quality account.--The term 
        ``Pechanga Water Quality account'' means the account 
        established by section 9(c)(4).</DELETED>
        <DELETED>    (27) Permanent capacity.--The term ``Permanent 
        Capacity'' has the meaning set forth in section 1 of the ESAA 
        Capacity Agreement.</DELETED>
        <DELETED>    (28) Permanent capacity notice.--The term 
        ``Permanent Capacity Notice'' has the meaning set forth in 
        section 5(b) of the ESAA Capacity Agreement.</DELETED>
        <DELETED>    (29) RCWD.--</DELETED>
                <DELETED>    (A) In general.--The term ``RCWD'' means 
                the Rancho California Water District organized pursuant 
                to section 34000 et seq. of the California Water 
                Code.</DELETED>
                <DELETED>    (B) Inclusions.--The term ``RCWD'' 
                includes all real property owners for whom RCWD acts as 
                an agent pursuant to an agency agreement.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (31) Recycled water transfer agreement.--The term 
        ``Recycled Water Transfer Agreement'' means the ``Recycled 
        Water Transfer Agreement'' between the Band and RCWD.</DELETED>
        <DELETED>    (32) Reservation.--</DELETED>
                <DELETED>    (A) In general.--The term ``Reservation'' 
                means the land depicted on the map attached to the 
                Pechanga Settlement Agreement as exhibit I.</DELETED>
                <DELETED>    (B) Applicability of term.--The term 
                ``Reservation'' shall be used solely for the purposes 
                of the Pechanga Settlement Agreement.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (34) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (35) State.--The term ``State'' means the State of 
        California.</DELETED>
        <DELETED>    (36) Storage pond.--The term ``Storage Pond'' has 
        the meaning set forth in section 1 of the Recycled Water 
        Infrastructure Agreement.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 4. APPROVAL OF THE PECHANGA SETTLEMENT 
              AGREEMENT.</DELETED>

<DELETED>    (a) Ratification of Pechanga Settlement Agreement.--
</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Execution of Pechanga Settlement Agreement.--
</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the Pechanga Settlement Agreement 
                (including any exhibits to or part of the Pechanga 
                Settlement Agreement requiring the signature of the 
                Secretary); and</DELETED>
                <DELETED>    (B) any amendment to the Pechanga 
                Settlement Agreement necessary to make the Pechanga 
                Settlement Agreement consistent with this 
                Act.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Environmental Compliance.--</DELETED>
        <DELETED>    (1) In general.--In implementing the Pechanga 
        Settlement Agreement, the Secretary shall promptly comply with 
        all applicable requirements of--</DELETED>
                <DELETED>    (A) the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.);</DELETED>
                <DELETED>    (B) the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.);</DELETED>
                <DELETED>    (C) all other applicable Federal 
                environmental laws; and</DELETED>
                <DELETED>    (D) all regulations promulgated under the 
                laws described in subparagraphs (A) through 
                (C).</DELETED>
        <DELETED>    (2) Execution of the pechanga settlement 
        agreement.--</DELETED>
                <DELETED>    (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.).</DELETED>
                <DELETED>    (B) Compliance.--The Secretary is directed 
                to carry out all Federal compliance necessary to 
                implement the Pechanga Settlement Agreement.</DELETED>
        <DELETED>    (3) Lead agency.--The Bureau of Reclamation shall 
        be designated as the lead agency with respect to environmental 
        compliance.</DELETED>

<DELETED>SEC. 5. TRIBAL WATER RIGHT.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) the potential risks, cost, and time delay 
        associated with litigation that would be resolved by the 
        Pechanga Settlement Agreement and this Act;</DELETED>
        <DELETED>    (2) the availability of funding under this 
        Act;</DELETED>
        <DELETED>    (3) the availability of water from the Tribal 
        Water Right and other water sources as set forth in the 
        Pechanga Settlement Agreement; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Confirmation of Tribal Water Right.--</DELETED>
        <DELETED>    (1) In general.--The Tribal Water Right is 
        ratified, confirmed, and declared to be valid.</DELETED>
        <DELETED>    (2) Characteristics of tribal water right.--
        </DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Priority dates.--The priority date 
                for--</DELETED>
                        <DELETED>    (i) 3,019 AFY of the Tribal Water 
                        Right shall be June 27, 1882;</DELETED>
                        <DELETED>    (ii) 182 AFY of the Tribal Water 
                        Right shall be August 29, 1893;</DELETED>
                        <DELETED>    (iii) 729 AFY of the Tribal Water 
                        Right shall be January 9, 1907;</DELETED>
                        <DELETED>    (iv) 563 AFY of the Tribal Water 
                        Right shall be March 11, 1907; and</DELETED>
                        <DELETED>    (v) 501 AFY of the Tribal Water 
                        Right shall be May 25, 1931.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Holding in Trust.--The Tribal Water Right--</DELETED>
        <DELETED>    (1) shall be held in trust by the United States on 
        behalf of the Band and the allottees in accordance with this 
        section; and</DELETED>
        <DELETED>    (2) shall not be subject to forfeiture or 
        abandonment.</DELETED>
<DELETED>    (d) Allottees.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (6) Authority.--The Secretary shall have the 
        authority to protect the rights of allottees as specified in 
        this section.</DELETED>
<DELETED>    (e) Authority of Band.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the Pechanga Settlement Agreement; 
                and</DELETED>
                <DELETED>    (B) applicable Federal law.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (f) Pechanga Water Code.--</DELETED>
        <DELETED>    (1) In general.--Not later than 18 months after 
        the enforceability date, the Band shall enact a Pechanga Water 
        Code, that provides for--</DELETED>
                <DELETED>    (A) the management, regulation, and 
                governance of all uses of the Tribal Water Right in 
                accordance with the Pechanga Settlement Agreement; 
                and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Inclusions.--The Pechanga Water Code shall 
        provide--</DELETED>
                <DELETED>    (A) that allocations of water to allottees 
                shall be satisfied with water from the Tribal Water 
                Right;</DELETED>
                <DELETED>    (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);</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) appeal and adjudication of any 
                        denied or disputed distribution of water; 
                        and</DELETED>
                        <DELETED>    (ii) resolution of any contested 
                        administrative decision; and</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (3) Action by secretary.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Approval.--Any provision of the 
                Pechanga Water Code and any amendment to the Pechanga 
                Water Code that affects the rights of allottees shall--
                </DELETED>
                        <DELETED>    (i) be subject to the approval of 
                        the Secretary; and</DELETED>
                        <DELETED>    (ii) not be valid until the date 
                        on which the amendment is approved by the 
                        Secretary.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (g) Effect.--Except as otherwise specifically provided in 
this section, nothing in this Act--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) alters or affects the status of any action 
        pursuant to section 1491(a) of title 28, United States 
        Code.</DELETED>

<DELETED>SEC. 6. SATISFACTION OF CLAIMS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Claims Relating to Development of Water for 
Reservation.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 7. WAIVER OF CLAIMS.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (1) Waiver of claims by the band and the united 
        states.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) for land located within the 
                        Reservation in the Santa Margarita River 
                        Watershed arising from time immemorial and, 
                        thereafter, forever; and</DELETED>
                        <DELETED>    (ii) that are based on aboriginal 
                        occupancy for land overlying the Santa 
                        Margarita River Watershed arising from time 
                        immemorial and, thereafter, forever.</DELETED>
                <DELETED>    (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--
                </DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (iii) claims for subsidence damage 
                        to land located within the Reservation arising 
                        or occurring at any time up to and including 
                        June 30, 2009;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (C) claims for subsidence damage to land 
                located within the Reservation arising or occurring at 
                any time up to and including June 30, 2009;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (b) Effectiveness of Waivers and Releases.--The waivers 
under subsection (a) shall take effect on the enforceability 
date.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) claims for enforcement of the Pechanga 
        Settlement Agreement and this Act;</DELETED>
        <DELETED>    (2) claims against persons other than RCWD and 
        EMWD;</DELETED>
        <DELETED>    (3) claims for water rights that are outside the 
        jurisdiction of the Adjudication Court;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (5) rights to use and protect water rights 
        acquired on or after the enforceability date; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Effect of Pechanga Settlement Agreement and Act.--
Nothing in the Pechanga Settlement Agreement or this Act--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980 (42 
                U.S.C. 9601 et seq.);</DELETED>
                <DELETED>    (B) the Safe Drinking Water Act (42 U.S.C. 
                300f et seq.);</DELETED>
                <DELETED>    (C) the Federal Water Pollution Control 
                Act (33 U.S.C. 1251 et seq.); and</DELETED>
                <DELETED>    (D) any regulations implementing the Acts 
                described in subparagraphs (A) through (C);</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) confers jurisdiction on any State court--
        </DELETED>
                <DELETED>    (A) to interpret Federal law regarding 
                health, safety, or the environment;</DELETED>
                <DELETED>    (B) to determine the duties of the United 
                States or other parties pursuant to Federal law 
                regarding health, safety, or the environment; 
                or</DELETED>
                <DELETED>    (C) to conduct judicial review of Federal 
                agency action; or</DELETED>
        <DELETED>    (4) waives any claim of a member of the Band in an 
        individual capacity that does not derive from a right of the 
        Band.</DELETED>
<DELETED>    (e) Enforceability Date.--The enforceability date shall be 
the date on which the Secretary publishes in the Federal Register a 
statement of findings that--</DELETED>
        <DELETED>    (1) the Pechanga Settlement Agreement has been 
        approved by the Adjudication Court;</DELETED>
        <DELETED>    (2) all amounts authorized by this Act have been 
        deposited in the Fund;</DELETED>
        <DELETED>    (3) the waivers and releases authorized in 
        subsection (a) have been executed by the Band and the 
        Secretary; and</DELETED>
        <DELETED>    (4) the Extension of Service Area Agreement--
        </DELETED>
                <DELETED>    (A) has been approved and executed by all 
                the parties to the Extension of Service Area Agreement; 
                and</DELETED>
                <DELETED>    (B) is effective and enforceable in 
                accordance with the terms of that Agreement.</DELETED>
<DELETED>    (f) Tolling of Claims.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) April 30, 2030;</DELETED>
                <DELETED>    (B) such alternate date as is agreed to by 
                the Band and the Secretary; and</DELETED>
                <DELETED>    (C) the enforceability date.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (g) Restriction.--If the full amount of appropriations 
authorized by this Act has not been made available to the Secretary by 
April 30, 2030--</DELETED>
        <DELETED>    (1) the waivers authorized by this section shall 
        expire and no longer have any force or effect; and</DELETED>
        <DELETED>    (2) the statute of limitations for a claim waived 
        under this section shall be tolled until April 30, 
        2030.</DELETED>
<DELETED>    (h) Voiding of Waivers.--If the waivers authorized by this 
section are void under subsection (g)--</DELETED>
        <DELETED>    (1) the approval of the United States of the 
        Pechanga Settlement Agreement under section 4 shall no longer 
        be effective;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 8. WATER FACILITIES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Nonreimbursability of Costs.--All costs incurred by 
the Secretary in carrying out this section shall be 
nonreimbursable.</DELETED>
<DELETED>    (c) Recycled Water Infrastructure.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Storage pond.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (C) Lead agency.--The Bureau of 
                Reclamation shall be the lead agency for purposes of 
                the implementation of this section.</DELETED>
                <DELETED>    (D) Liability.--The United States shall 
                have no responsibility or liability for the Storage 
                Pond to be designed and constructed by RCWD.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (d) ESAA Delivery Capacity.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Interim capacity.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Procedure.--The procedure for the 
                Secretary to provide amounts pursuant to this section 
                shall be as set forth in the ESAA Capacity 
                Agreement.</DELETED>
                <DELETED>    (C) Lead agency.--The Bureau of 
                Reclamation shall be the lead agency for purposes of 
                the implementation of this section.</DELETED>
                <DELETED>    (D) Liability.--The United States shall 
                have no responsibility or liability for the Interim 
                Capacity to be provided by RCWD.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Permanent capacity.--</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (B) Schedule of disbursement.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (C) Procedure.--The procedure for the 
                Secretary to provide funds pursuant to this section 
                shall be as set forth in the ESAA Capacity 
                Agreement.</DELETED>
                <DELETED>    (D) Lead agency.--The Bureau of 
                Reclamation shall be the lead agency for purposes of 
                the implementation of this section.</DELETED>
                <DELETED>    (E) Liability.--The United States shall 
                have no responsibility or liability for the Permanent 
                Capacity to be provided by RCWD.</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 9. PECHANGA SETTLEMENT FUND.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Transfers to Fund.--The Fund shall consist of such 
amounts as are deposited in the Fund under section 11(a).</DELETED>
<DELETED>    (c) Accounts of Pechanga Settlement Fund.--The Secretary 
shall establish in the Fund the following accounts:</DELETED>
        <DELETED>    (1) Pechanga Recycled Water Infrastructure 
        account, consisting of amounts authorized to be appropriated 
        under section 11(a)(1).</DELETED>
        <DELETED>    (2) Pechanga ESAA Delivery Capacity account, 
        consisting of amounts authorized to be appropriated under 
        section 11(a)(2).</DELETED>
        <DELETED>    (3) Pechanga Water Fund account, consisting of 
        amounts authorized to be appropriated under section 
        11(a)(3).</DELETED>
        <DELETED>    (4) Pechanga Water Quality account, consisting of 
        amounts authorized to be appropriated under section 
        11(a)(4).</DELETED>
<DELETED>    (d) Deposits to Fund.--</DELETED>
        <DELETED>    (1) In general.--The Secretary of the Treasury 
        shall promptly deposit in the Fund any amounts appropriated to 
        the Fund.</DELETED>
        <DELETED>    (2) Deposits to accounts.--The Secretary of the 
        Treasury shall deposit amounts in the accounts of the Fund 
        established under subsection (c).</DELETED>
<DELETED>    (e) Management.--</DELETED>
        <DELETED>    (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.).</DELETED>
        <DELETED>    (2) Investment of pechanga settlement fund.--The 
        Secretary shall invest amounts in the Fund in accordance with--
        </DELETED>
                <DELETED>    (A) the Act of April 1, 1880 (25 U.S.C. 
                161);</DELETED>
                <DELETED>    (B) the first section of the Act of June 
                24, 1938 (25 U.S.C. 162a); and</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) the obligations of the United 
                        States Postal Service described in section 2005 
                        of title 39, United States Code;</DELETED>
                        <DELETED>    (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);</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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).</DELETED>
        <DELETED>    (3) Distributions from pechanga settlement fund.--
        </DELETED>
                <DELETED>    (A) In general.--Amounts from the Fund 
                shall be used in accordance with subparagraphs (B) 
                through (E).</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (D) Pechanga water fund account.--The 
                Pechanga Water Fund account shall be used for--
                </DELETED>
                        <DELETED>    (i) payment of the EMWD Connection 
                        Fee;</DELETED>
                        <DELETED>    (ii) payment of the MWD Connection 
                        Fee; and</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (4) Withdrawals by band.--</DELETED>
                <DELETED>    (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.).</DELETED>
                <DELETED>    (B) Requirements.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (D) Expenditure plan.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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--
                        </DELETED>
                                <DELETED>    (I) reasonable; 
                                and</DELETED>
                                <DELETED>    (II) consistent with this 
                                Act.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (f) Availability.--Amounts in the Fund shall be available 
for use by the Secretary and withdrawal by the Band beginning on the 
enforceability date.</DELETED>

<DELETED>SEC. 10. MISCELLANEOUS PROVISIONS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Limitation on Claims for Reimbursement.--With respect 
to Indian land within the Reservation--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) no assessment of any Indian-owned land located 
        within the Reservation shall be made regarding that 
        cost.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 11. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) Authorization of Appropriations.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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).</DELETED>

<DELETED>SEC. 12. REPEAL ON FAILURE OF ENFORCEABILITY DATE.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) any amounts made available under section 11 
        that remain unexpended shall immediately revert to the general 
        fund of the Treasury.</DELETED>

<DELETED>SEC. 13. ANTIDEFICIENCY.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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)).</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (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; table of contents.
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, 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 an individual 
        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.--The term ``Band'' means 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, but not members in their 
        capacities as Allottees.
            (6) Claims.--The term ``claims'' means rights, claims, 
        demands, actions, compensation, or causes of action, whether 
        known or unknown.
            (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 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 and delivered by 
        RCWD pursuant to the ESAA Water Delivery Agreement.
            (12) ESAA water delivery agreement.--The term ``ESAA Water 
        Delivery Agreement'' means the agreement among EMWD, RCWD, and 
        the Band, establishing the terms and conditions of water 
        service to the Band.
            (13) 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, 
        and MWD, for the provision of water service by EMWD to a 
        designated portion of the Reservation using water supplied by 
        MWD.
            (14) 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.
            (15) Fund.--The term ``Fund'' means the Pechanga Settlement 
        Fund established by section 9 of this Act.
            (16) 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).
            (17) 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.
            (18) Interim capacity.--The term ``Interim Capacity'' has 
        the meaning set forth in the ESAA Capacity Agreement.
            (19) Interim capacity notice.--The term ``Interim Capacity 
        Notice'' has the meaning set forth in the ESAA Capacity 
        Agreement.
            (20) Interlocutory judgment no. 41.--The term 
        ``Interlocutory Judgment No. 41'' means Interlocutory Judgment 
        No. 41 issued in the Adjudication Proceeding on November 8, 
        1962, including all court orders, judgments, and decisions 
        supplemental to that interlocutory judgment.
            (21) 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).
            (22) MWD connection fee.--The term ``MWD Connection Fee'' 
        has the meaning set forth in the Extension of Service Area 
        Agreement.
            (23) Pechanga esaa delivery capacity account.--The term 
        ``Pechanga ESAA Delivery Capacity account'' means the account 
        established by section 9(c)(2) of this Act.
            (24) Pechanga recycled water infrastructure account.--The 
        term ``Pechanga Recycled Water Infrastructure account'' means 
        the account established by section 9(c)(1) of this Act.
            (25) 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, and RCWD.
            (26) Pechanga water code.--The term ``Pechanga Water Code'' 
        means a water code to be adopted by the Band in accordance with 
        section 5(f) of this Act.
            (27) Pechanga water fund account.--The term ``Pechanga 
        Water Fund account'' means the account established by section 
        9(c)(3) of this Act.
            (28) Pechanga water quality account.--The term ``Pechanga 
        Water Quality account'' means the account established by 
        section 9(c)(4) of this Act.
            (29) Permanent capacity.--The term ``Permanent Capacity'' 
        has the meaning set forth in the ESAA Capacity Agreement.
            (30) Permanent capacity notice.--The term ``Permanent 
        Capacity Notice'' has the meaning set forth in the ESAA 
        Capacity Agreement.
            (31) 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.
            (32) 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.
            (33) Recycled water transfer agreement.--The term 
        ``Recycled Water Transfer Agreement'' means the ``Recycled 
        Water Transfer Agreement'' between the Band and RCWD.
            (34) 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, this Act, and any 
                judgment or decree issued by the Adjudication Court 
                approving the Pechanga Settlement Agreement, and not 
                for any of the exhibits to such agreement or for any 
                other purpose.
            (35) 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.
            (36) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (37) State.--The term ``State'' means the State of 
        California.
            (38) Storage pond.--The term ``Storage Pond'' has the 
        meaning set forth in the Recycled Water Infrastructure 
        Agreement.
            (39) 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, as set forth 
        and described in section 5 of this Act.

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.--Any amendment to the Pechanga Settlement 
        Agreement is authorized, ratified, and confirmed, to the extent 
        that such an 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 promptly shall execute--
                    (A) the Pechanga Settlement Agreement (including 
                any exhibit to 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 such 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.--A Tribal Water Right of up to 4,994 acre-
        feet of water per year that, under natural conditions, is 
        physically available on the Reservation is confirmed in 
        accordance with the Findings of Fact and Conclusions of Law set 
        forth in Interlocutory Judgment No. 41, as affirmed by the 
        Fallbrook Decree.
            (2) 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, as set forth in 
subsection (b), shall--
            (1) be held in trust by the United States on behalf of the 
        Band and the Allottees in accordance with this section;
            (2) include the priority dates described in Interlocutory 
        Judgment No. 41, as affirmed by the Fallbrook Decree; and
            (3) 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 
        allotted land located within the exterior boundaries of the 
        Reservation under Federal law shall be satisfied from the 
        Tribal Water Right.
            (3) Allocations.--Allotted land located within the exterior 
        boundaries of the Reservation shall be entitled to a just and 
        equitable allocation of water for irrigation and domestic 
        purposes from the Tribal Water Right.
            (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 such 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 any 
                successor in interest to an Allottee) may request that 
                the Band provide water for irrigation or domestic 
                purposes in accordance with this Act;
                    (D) a due process system for the consideration and 
                determination by the Band of any request by an Allottee 
                (or any successor in interest to an Allottee) for an 
                allocation of such water for irrigation or domestic 
                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 any 
                successor in interest to an Allottee) with a claim 
                relating to the enforcement of rights of the Allottee 
                (or any successor in interest to an Allottee) under the 
                Pechanga Water Code or relating to the amount of water 
                allocated to land of the Allottee must 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 under 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 be subject to the 
                approval of the Secretary, and no such provision or 
                amendment shall be valid until 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 any successor 
        in interest to an Allottee) 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 Allottees 
under the Pechanga Settlement Agreement and this Act shall be in 
complete replacement of, complete substitution for, and full 
satisfaction of all claims of the Band against the United States that 
are waived and released pursuant to section 7.
    (b) Allottee Claims.--The benefits realized by the Allottees under 
this Act shall be in complete replacement of, complete substitution 
for, and full satisfaction of--
            (1) all claims that are waived and released pursuant to 
        section 7; and
            (2) any claims of the Allottees against the United States 
        that the Allottees have or could have asserted that are similar 
        in nature to any claim described in section 7.
    (c) 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.
    (d) Claims Relating to Development of Water for Reservation.--
            (1) In general.--The amounts authorized to be appropriated 
        pursuant to 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.--Upon the complete 
        appropriation of amounts authorized pursuant to 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 
        acting in its capacity as trustee for the band.--
                    (A) In general.--Subject to the retention of rights 
                set forth in subsection (c), in return for recognition 
                of the Tribal Water Right and other benefits as set 
                forth in the Pechanga Settlement Agreement and this 
                Act, the Band, on behalf of itself and the members of 
                the Band (but not tribal members in their capacities as 
                Allottees), and the United States, acting as trustee 
                for the Band, are authorized and directed to execute a 
                waiver and release of all claims for water rights 
                within the Santa Margarita River Watershed that the 
                Band, or the United States acting as trustee for the 
                Band, asserted or could have asserted in any 
                proceeding, including the Adjudication Proceeding, 
                except to the extent that such rights are recognized in 
                the Pechanga Settlement Agreement and this Act.
                    (B) Claims against rcwd.--Subject to the retention 
                of rights set forth in subsection (c) and 
                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 from--
                            (i) claims for injuries to water rights in 
                        the Santa Margarita River Watershed for land 
                        located within the Reservation 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 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 acting in its capacity as 
        trustee for allottees.--Subject to the retention of claims set 
        forth in subsection (c), in return for recognition of the water 
        rights of the Band and other benefits as set forth in the 
        Pechanga Settlement Agreement and this Act, the United States, 
        acting as trustee for Allottees, is authorized and directed to 
        execute a waiver and release of all claims for water rights 
        within the Santa Margarita River Watershed that the United 
        States, acting as trustee for the Allottees, asserted or could 
        have asserted in any proceeding, including the Adjudication 
        Proceeding.
            (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 (but not tribal 
        members in their capacity as Allottees), 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, except to the 
                extent that such rights are recognized in the Pechanga 
                Settlement Agreement and this Act;
                    (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 the enforceability date;
                    (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, on behalf of 
itself and the members of the Band, and the United States, acting in 
its capacity as trustee for the Band and Allottees, retain--
            (1) all claims for enforcement of the Pechanga Settlement 
        Agreement and this Act;
            (2) all claims against any person or entity other than the 
        United States and RCWD, including claims for monetary damages;
            (3) all claims for water rights that are outside the 
        jurisdiction of the Adjudication Court;
            (4) all rights to use and protect water rights acquired on 
        or after the enforceability date; and
            (5) all 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, 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;
            (4) waives any claim of a member of the Band in an 
        individual capacity that does not derive from a right of the 
        Band;
            (5) limits any funding that RCWD would otherwise be 
        authorized to receive under any Federal law, including the 
        Reclamation Wastewater and Groundwater Study and Facilities Act 
        (43 U.S.C. 390h et seq.) as that Act applies to permanent 
        facilities for water recycling, demineralization, and 
        desalination, and distribution of nonpotable water supplies in 
        Southern Riverside County, California;
            (6) characterizes any amounts received by RCWD under the 
        Pechanga Settlement Agreement or this Act as Federal for 
        purposes of section 1649 of the Reclamation Wastewater and 
        Groundwater Study and Facilities Act (43 U.S.C. 390h-32); or
            (7) affects the requirement of any party to the Pechanga 
        Settlement Agreement or any of the exhibits to the Pechanga 
        Settlement Agreement to comply with the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) or the California 
        Environmental Quality Act prior to performing the respective 
        obligations of that party under the Pechanga Settlement 
        Agreement or any of the exhibits to the Pechanga Settlement 
        Agreement.
    (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 Adjudication Court has approved and entered a 
        judgment and decree approving the Pechanga Settlement Agreement 
        in substantially the same form as Appendix 2 to the Pechanga 
        Settlement Agreement;
            (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;
            (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; and
            (5) the ESAA Water Delivery Agreement--
                    (A) has been approved and executed by all the 
                parties to the ESAA Water Delivery 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, or such alternate later date as 
                is agreed to be the Band and the Secretary; or
                    (B) 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) Termination.--
            (1) In general.--If all of the amounts authorized to be 
        appropriated to the Secretary under this Act have not been made 
        available to the Secretary by April 30, 2030--
                    (A) the waivers authorized in this section shall 
                expire and be of no further force or effect; and
                    (B) all statutes of limitations applicable to any 
                claim otherwise waived shall be tolled until April 30, 
                2030.
            (2) Voiding of waivers.--If the waivers pursuant to this 
        section are void under paragraph (1)--
                    (A) the approval of the United States of the 
                Pechanga Settlement Agreement under section 4 of this 
                Act shall be void and have no further force or effect;
                    (B) any unexpended Federal amounts appropriated or 
                made available to carry out this Act, together with any 
                interest earned on those amounts, and any water rights 
                or contracts to use water and title to other property 
                acquired or constructed with Federal amounts 
                appropriated or made available to carry out 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
                    (C) except for Federal amounts used to acquire or 
                develop property that is returned to the Federal 
                Government under subparagraph (B), the United States 
                shall be entitled to set off any Federal amounts 
                appropriated or made available to carry out 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 
                Allottees in any future settlement of the water rights 
                of the Band or Allottees.

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 such purposes, in accordance with this Act 
and the terms and conditions of such 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 $2,656,374.
                    (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.
    (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 $16,900,000.
                            (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, 
                        until the date on which all amounts authorized 
                        to be appropriated under this Act have been 
                        made available.
                    (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 managed, invested, and distributed by the Secretary and to be 
available until expended, together with any interest earned on those 
amounts, to be used solely 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) of this Act, together 
with any interest earned on those amounts.
    (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 pursuant to section 11(a)(1) 
        of this Act.
            (2) Pechanga ESAA Delivery Capacity account, consisting of 
        amounts authorized pursuant to section 11(a)(2) of this Act.
            (3) Pechanga Water Fund account, consisting of amounts 
        authorized pursuant to section 11(a)(3) of this Act.
            (4) Pechanga Water Quality account, consisting of amounts 
        authorized pursuant to section 11(a)(4) of this Act.
    (d) Management of Fund.--The Secretary shall manage, invest, and 
distribute all amounts in the Fund in a manner that is consistent with 
the investment authority of the Secretary under--
            (1) the first section of the Act of June 24, 1938 (25 
        U.S.C. 162a);
            (2) the American Indian Trust Fund Management Reform Act of 
        1994 (25 U.S.C. 4001 et seq.); and
            (3) this section.
    (e) Availability of Amounts.--Amounts appropriated to, and 
deposited in, the Fund, including any investment earnings, shall be 
made available to the Band by the Secretary beginning on the 
enforceability date.
    (f) Withdrawals by Band Pursuant to the American Indian Trust Fund 
Management Reform Act.--
            (1) In general.--The Band may withdraw all or part of the 
        amounts in the Fund upon approval by the Secretary of a tribal 
        management plan submitted by the Band in accordance with the 
        American Indian Trust Fund Management Reform Act of 1994 (25 
        U.S.C. 4001 et seq.).
            (2) Requirements.--
                    (A) 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 under paragraph (1) shall require that 
                the Band shall spend all amounts withdrawn from the 
                Fund in accordance with this Act.
                    (B) Enforcement.--The Secretary may carry out such 
                judicial or administrative actions as the Secretary 
                determines to be necessary to enforce the tribal 
                management plan to ensure that amounts withdrawn by the 
                Band from the Fund under this subsection are used in 
                accordance with this Act.
    (g) Withdrawals by Band Pursuant to an Expenditure Plan.--
            (1) In general.--The Band may request that all or part of 
        the amounts in the Fund be disbursed on approval by the 
        Secretary of an expenditure plan.
            (2) Requirements.--The expenditure plan under paragraph (1) 
        shall include a description of the manner and purpose for which 
        the amounts proposed to be disbursed from the Fund will be 
        used, in accordance with subsection (h).
            (3) Approval.--On receipt of an expenditure plan under this 
        subsection, the Secretary shall approve the plan, if the 
        Secretary determines that the plan is consistent with the 
        purposes of this Act.
            (4) Enforcement.--The Secretary may carry out such judicial 
        or administrative actions as the Secretary determines to be 
        necessary to enforce an expenditure plan to ensure that amounts 
        disbursed under this subsection are used in accordance with 
        this Act.
    (h) Uses.--Amounts from the Fund shall be used by the Band for the 
following purposes:
            (1) 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).
            (2) 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).
            (3) Pechanga water fund account.--The Pechanga Water Fund 
        account shall be used for--
                    (A) payment of the EMWD Connection Fee;
                    (B) payment of the MWD Connection Fee; and
                    (C) any expenses, charges, or fees incurred by the 
                Band in connection with the delivery or use of water 
                pursuant to the Pechanga Settlement Agreement.
            (4) 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.
    (i) Liability.--The Secretary and the Secretary of the Treasury 
shall not be liable for the expenditure of, or the investment of any 
amounts withdrawn from, the Fund by the Band under subsection (f) or 
(g).
    (j) No Per Capita Distributions.--No portion of the Fund shall be 
distributed on a per capita basis to any member of the Band.

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 $2,656,374, for deposit in the 
        Pechanga Recycled Water Infrastructure account, to carry out 
        the activities described in section 8(c).
            (2) Pechanga esaa delivery capacity account.--There is 
        authorized to be appropriated $17,900,000, for deposit in the 
        Pechanga ESAA Delivery Capacity account, which amount shall be 
        adjusted for changes in construction costs since June 30, 2009, 
        as is indicated by ENR Construction Cost Index, 20-City 
        Average, as 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), with such adjustment ending on the date on which 
        all amounts authorized to be appropriated under this section 
        have been made available.
            (3) Pechanga water fund account.--There is authorized to be 
        appropriated $5,483,653, for deposit in the Pechanga Water Fund 
        account, which amount shall be adjusted for changes in 
        construction costs in the Consumer Price Index since June 30, 
        2009, with such adjustment ending on the date on which all 
        amounts authorized to be appropriated under this section have 
        been made available, for the purposes set forth in section 
        9(h)(3).
            (4) Pechanga water quality account.--There is authorized to 
        be appropriated $2,460,000, for deposit in the Pechanga Water 
        Quality account, which amount shall be adjusted for changes in 
        construction costs in the Consumer Price Index since June 30, 
        2009, with such adjustment ending on the date on which all 
        amounts authorized to be appropriated under this section have 
        been made available, for the purposes set forth in section 
        9(e)(4).

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, 2021, 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, 
        2021, 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 failure to carry out any 
obligation or activity authorized to be carried out under this Act 
(including any such obligation or activity under the Pechanga 
Settlement Agreement) if adequate appropriations are not provided 
expressly to carry out the purposes of this Act by Congress 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 of Public Law 111-11; 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 (22 
        U.S.C. 7601 et seq.).
                                                       Calendar No. 349

113th CONGRESS

  2d Session

                                S. 1219

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             April 3, 2014

                       Reported with an amendment
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