II 

114TH CONGRESS 

1ST SESSION S. 1983 

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

Settlement, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 5, 2015 

Mrs. BOXER (for herself and Mrs. FEINSTEIN) introduced the following bill; 

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

A BILL 

To authorize the Pechanga Band of Luisen ̃o Mission Indians 

Water Rights Settlement, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Pechanga Band of Luisen ̃o Mission Indians Water 

6 Rights Settlement Act’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 

Sec. 3. Definitions. 

Sec. 4. Approval of the Pechanga Settlement Agreement. 

Sec. 5. Tribal Water Right. 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•S 1983 IS

Sec. 6. Satisfaction of claims. 

Sec. 7. Waiver of claims. 

Sec. 8. Water facilities. 

Sec. 9. Pechanga Settlement Fund. 

Sec. 10. Miscellaneous provisions. 

Sec. 11. Authorization of appropriations. 

Sec. 12. Repeal on failure of enforceability date. 

Sec. 13. Antideficiency. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to achieve a fair, equitable, and final settle4 ment of claims to water rights and certain claims for 

5 injuries to water rights in the Santa Margarita 

6 River Watershed for— 

7 (A) the Band; and 

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

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

12 against the United States; 

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

14 Pechanga Settlement Agreement to be entered into 

15 by the Band, RCWD, and the United States; 

16 (4) to authorize and direct the Secretary— 

17 (A) to execute the Pechanga Settlement 

18 Agreement; and 

19 (B) to take any other action necessary to 

20 carry out the Pechanga Settlement Agreement 

21 in accordance with this Act; and 


smartinez on DSK4TPTVN1PROD with BILLS
3 

•S 1983 IS

1 (5) to authorize the appropriation of amounts 

2 necessary for the implementation of the Pechanga 

3 Settlement Agreement and this Act. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

6 (1) ADJUDICATION COURT.—The term ‘‘Adju7 dication Court’’ means the United States District 

8 Court for the Southern District of California, which 

9 exercises continuing jurisdiction over the Adjudica10 tion Proceeding. 

11 (2) ADJUDICATION PROCEEDING.—The term 

12 ‘‘Adjudication Proceeding’’ means litigation initiated 

13 by the United States regarding relative water rights 

14 in the Santa Margarita River Watershed in United 

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

16 No. 3:51–cv–01247 (S.D.C.A.), including any litiga17 tion initiated to interpret or enforce the relative 

18 water rights in the Santa Margarita River Water19 shed pursuant to the continuing jurisdiction of the 

20 Adjudication Court over the Fallbrook Decree. 

21 (3) ALLOTTEE.—The term ‘‘Allottee’’ means an 

22 individual who holds a beneficial real property inter23 est in an Indian allotment that is— 

24 (A) located within the Reservation; and 

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


smartinez on DSK4TPTVN1PROD with BILLS
4 

•S 1983 IS

1 (4) BAND.—The term ‘‘Band’’ means Pechanga 

2 Band of Luisen ̃o Mission Indians, a federally recog3 nized sovereign Indian tribe that functions as a cus4 tom and tradition Indian tribe, acting on behalf of 

5 itself and its members, but not acting on behalf of 

6 members in their capacities as Allottees. 

7 (5) CLAIMS.—The term ‘‘claims’’ means rights, 

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

9 action, whether known or unknown. 

10 (6) EMWD.—The term ‘‘EMWD’’ means East11 ern Municipal Water District, a municipal water dis12 trict organized and existing in accordance with the 

13 Municipal Water District Law of 1911, Division 20 

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

15 amended. 

16 (7) EMWD CONNECTION FEE.—The term 

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

18 in the Extension of Service Area Agreement. 

19 (8) ENFORCEABILITY DATE.—The term ‘‘en20 forceability date’’ means the date on which the Sec21 retary publishes in the Federal Register the state22 ment of findings described in section 7(e). 

23 (9) ESAA CAPACITY AGREEMENT.—The term 

24 ‘‘ESAA Capacity Agreement’’ means the ‘‘Agree25 ment to Provide Capacity for Delivery of ESAA 


smartinez on DSK4TPTVN1PROD with BILLS
5 

•S 1983 IS

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

2 States. 

3 (10) ESAA WATER.—The term ‘‘ESAA Water’’ 

4 means imported potable water that the Band re5 ceives from EMWD and MWD pursuant to the Ex6 tension of Service Area Agreement and delivered by 

7 RCWD pursuant to the ESAA Water Delivery 

8 Agreement. 

9 (11) ESAA WATER DELIVERY AGREEMENT.— 

10 The term ‘‘ESAA Water Delivery Agreement’’ 

11 means the agreement among EMWD, RCWD, and 

12 the Band, establishing the terms and conditions of 

13 water service to the Band. 

14 (12) EXTENSION OF SERVICE AREA AGREE15 MENT.—The term ‘‘Extension of Service Area 

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

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

18 and MWD, for the provision of water service by 

19 EMWD to a designated portion of the Reservation 

20 using water supplied by MWD. 

21 (13) FALLBROOK DECREE.— 

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

23 Decree’’ means the ‘‘Modified Final Judgment 

24 And Decree’’, entered in the Adjudication Pro25 ceeding on April 6, 1966. 


smartinez on DSK4TPTVN1PROD with BILLS
6 

•S 1983 IS

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

2 Decree’’ includes all court orders, interlocutory 

3 judgments, and decisions supplemental to the 

4 ‘‘Modified Final Judgment And Decree’’, in5 cluding Interlocutory Judgment No. 30, Inter6 locutory Judgment No. 35, and Interlocutory 

7 Judgment No. 41. 

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

9 Pechanga Settlement Fund established by section 9. 

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

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

12 Indian Self-Determination and Education Assistance 

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

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

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

16 diminution of, or deprivation of water rights under 

17 Federal or State law. 

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

19 Capacity’’ has the meaning set forth in the ESAA 

20 Capacity Agreement. 

21 (18) INTERIM CAPACITY NOTICE.—The term 

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

23 forth in the ESAA Capacity Agreement. 

24 (19) INTERLOCUTORY JUDGMENT NO. 41.—The 

25 term ‘‘Interlocutory Judgment No. 41’’ means InterVerDate Sep 11 2014 23:39 Aug 12, 2015 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1983.IS S1983

smartinez on DSK4TPTVN1PROD with BILLS
7 

•S 1983 IS

1 locutory Judgment No. 41 issued in the Adjudica2 tion Proceeding on November 8, 1962, including all 

3 court orders, judgments and decisions supplemental 

4 to that interlocutory judgment. 

5 (20) MWD.—The term ‘‘MWD’’ means the 

6 Metropolitan Water District of Southern California, 

7 a metropolitan water district organized and incor8 porated under the Metropolitan Water District Act 

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

10 as amended). 

11 (21) MWD CONNECTION FEE.—The term 

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

13 in the Extension of Service Area Agreement. 

14 (22) PECHANGA ESAA DELIVERY CAPACITY AC15 COUNT.—The term ‘‘Pechanga ESAA Delivery Ca16 pacity account’’ means the account established by 

17 section 9(c)(2). 

18 (23) PECHANGA RECYCLED WATER INFRA19 STRUCTURE ACCOUNT.—The term ‘‘Pechanga Recy20 cled Water Infrastructure account’’ means the ac21 count established by section 9(c)(1). 

22 (24) PECHANGA SETTLEMENT AGREEMENT.— 

23 The term ‘‘Pechanga Settlement Agreement’’ means 

24 the Pechanga Settlement Agreement, dated June 17, 

25 2014, together with the exhibits to that agreement, 


smartinez on DSK4TPTVN1PROD with BILLS
8 

•S 1983 IS

1 entered into by the Band, the United States on be2 half of the Band, its members and Allottees, MWD, 

3 EMWD, and RCWD, including— 

4 (A) the Extension of Service Area Agree5 ment; 

6 (B) the ESAA Capacity Agreement; and 

7 (C) the ESAA Water Delivery Agreement. 

8 (25) PECHANGA WATER CODE.—The term 

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

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

11 (26) PECHANGA WATER FUND ACCOUNT.—The 

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

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

14 (27) PECHANGA WATER QUALITY ACCOUNT.— 

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

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

17 (28) PERMANENT CAPACITY.—The term ‘‘Per18 manent Capacity’’ has the meaning set forth in the 

19 ESAA Capacity Agreement. 

20 (29) PERMANENT CAPACITY NOTICE.—The 

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

22 set forth in the ESAA Capacity Agreement. 

23 (30) RCWD.— 

24 (A) IN GENERAL.—The term ‘‘RCWD’’ 

25 means the Rancho California Water District orVerDate Sep 11 2014 23:39 Aug 12, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1983.IS S1983

smartinez on DSK4TPTVN1PROD with BILLS
9 

•S 1983 IS

1 ganized pursuant to section 34000 et seq. of 

2 the California Water Code. 

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

5 RCWD acts as an agent pursuant to an agency 

6 agreement. 

7 (31) RECYCLED WATER INFRASTRUCTURE

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

10 Recycled Water Infrastructure’’ among the Band, 

11 RCWD, and the United States. 

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

16 (33) RESERVATION.— 

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

20 as Exhibit I. 

21 (B) APPLICABILITY OF TERM.—The term 

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

24 this Act, and any judgment or decree issued by 


smartinez on DSK4TPTVN1PROD with BILLS
10 

•S 1983 IS

1 the Adjudication Court approving the Pechanga 

2 Settlement Agreement. 

3 (34) SANTA MARGARITA RIVER WATERSHED.— 

4 The term ‘‘Santa Margarita River Watershed’’ 

5 means the watershed that is the subject of the Adju6 dication Proceeding and the Fallbrook Decree. 

7 (35) SECRETARY.—The term ‘‘Secretary’’ 

8 means the Secretary of the Interior. 

9 (36) STATE.—The term ‘‘State’’ means the 

10 State of California. 

11 (37) STORAGE POND.—The term ‘‘Storage 

12 Pond’’ has the meaning set forth in the Recycled 

13 Water Infrastructure Agreement. 

14 (38) TRIBAL WATER RIGHT.—The term ‘‘Tribal 

15 Water Right’’ means the water rights ratified, con16 firmed, and declared to be valid for the benefit of 

17 the Band and Allottees, as set forth and described 

18 in section 5. 

19 SEC. 4. APPROVAL OF THE PECHANGA SETTLEMENT 

20 AGREEMENT. 

21 (a) RATIFICATION OF PECHANGA SETTLEMENT

22 AGREEMENT.— 

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

24 Act, and to the extent that the Pechanga Settlement 

25 Agreement does not conflict with this Act, the 


smartinez on DSK4TPTVN1PROD with BILLS
11 

•S 1983 IS

1 Pechanga Settlement Agreement is authorized, rati2 fied, and confirmed. 

3 (2) AMENDMENTS.—Any amendment to the 

4 Pechanga Settlement Agreement is authorized, rati5 fied, and confirmed, to the extent that the amend6 ment is executed to make the Pechanga Settlement 

7 Agreement consistent with this Act. 

8 (b) EXECUTION OF PECHANGA SETTLEMENT AGREE9 MENT.— 

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

11 Pechanga Settlement Agreement does not conflict 

12 with this Act, the Secretary is directed to and 

13 promptly shall execute— 

14 (A) the Pechanga Settlement Agreement 

15 (including any exhibit to the Pechanga Settle16 ment Agreement requiring the signature of the 

17 Secretary); and 

18 (B) any amendment to the Pechanga Set19 tlement Agreement necessary to make the 

20 Pechanga Settlement Agreement consistent with 

21 this Act. 

22 (2) MODIFICATIONS.—Nothing in this Act pre23 cludes the Secretary from approving modifications to 

24 exhibits to the Pechanga Settlement Agreement not 

25 inconsistent with this Act, to the extent those modiVerDate Sep 11 2014 23:39 Aug 12, 2015 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1983.IS S1983

smartinez on DSK4TPTVN1PROD with BILLS
12 

•S 1983 IS

1 fications do not otherwise require congressional ap2 proval pursuant to section 2116 of the Revised Stat3 utes (25 U.S.C. 177) or other applicable Federal 

4 law. 

5 (c) ENVIRONMENTAL COMPLIANCE.— 

6 (1) IN GENERAL.—In implementing the 

7 Pechanga Settlement Agreement, the Secretary shall 

8 promptly comply with all applicable requirements 

9 of— 

10 (A) the National Environmental Policy Act 

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

12 (B) the Endangered Species Act of 1973 

13 (16 U.S.C. 1531 et seq.); 

14 (C) all other applicable Federal environ15 mental laws; and 

16 (D) all regulations promulgated under the 

17 laws described in subparagraphs (A) through 

18 (C). 

19 (2) EXECUTION OF THE PECHANGA SETTLE20 MENT AGREEMENT.— 

21 (A) IN GENERAL.—Execution of the 

22 Pechanga Settlement Agreement by the Sec23 retary under this section shall not constitute a 

24 major Federal action under the National EnviVerDate Sep 11 2014 23:39 Aug 12, 2015 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1983.IS S1983

smartinez on DSK4TPTVN1PROD with BILLS
13 

•S 1983 IS

1 ronmental Policy Act of 1969 (42 U.S.C. 4321 

2 et seq.). 

3 (B) COMPLIANCE.—The Secretary is di4 rected to carry out all Federal compliance nec5 essary to implement the Pechanga Settlement 

6 Agreement. 

7 (3) LEAD AGENCY.—The Bureau of Reclama8 tion shall be designated as the lead agency with re9 spect to environmental compliance. 

10 SEC. 5. TRIBAL WATER RIGHT. 

11 (a) INTENT OF CONGRESS.—It is the intent of Con12 gress to provide to each Allottee benefits that are equal 

13 to or exceed the benefits Allottees possess as of the date 

14 of enactment of this Act, taking into consideration— 

15 (1) the potential risks, cost, and time delay as16 sociated with litigation that would be resolved by the 

17 Pechanga Settlement Agreement and this Act; 

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

19 (3) the availability of water from the Tribal 

20 Water Right and other water sources as set forth in 

21 the Pechanga Settlement Agreement; and 

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

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

24 protect the interests of Allottees. 

25 (b) CONFIRMATION OF TRIBAL WATER RIGHT.— 


smartinez on DSK4TPTVN1PROD with BILLS
14 

•S 1983 IS

1 (1) IN GENERAL.—A Tribal Water Right of up 

2 to 4,994 acre-feet of water per year that, under nat3 ural conditions, is physically available on the Res4 ervation is confirmed in accordance with the Find5 ings of Fact and Conclusions of Law set forth in In6 terlocutory Judgment No. 41, as affirmed by the 

7 Fallbrook Decree. 

8 (2) USE.—Subject to the terms of the 

9 Pechanga Settlement Agreement, this Act, the 

10 Fallbrook Decree and applicable Federal law, the 

11 Band may use the Tribal Water Right for any pur12 pose on the Reservation. 

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

14 as set forth in subsection (b), shall— 

15 (1) be held in trust by the United States on be16 half of the Band and the Allottees in accordance 

17 with this section; 

18 (2) include the priority dates described in Inter19 locutory Judgment No. 41, as affirmed by the 

20 Fallbrook Decree; and 

21 (3) not be subject to forfeiture or abandonment. 

22 (d) ALLOTTEES.— 

23 (1) APPLICABILITY OF ACT OF FEBRUARY 8, 

24 1887.—The provisions of section 7 of the Act of Feb25 ruary 8, 1887 (25 U.S.C. 381), relating to the use 


smartinez on DSK4TPTVN1PROD with BILLS
15 

•S 1983 IS

1 of water for irrigation purposes shall apply to the 

2 Tribal Water Right. 

3 (2) ENTITLEMENT TO WATER.—Any entitle4 ment to water of allotted land located within the ex5 terior boundaries of the Reservation under Federal 

6 law shall be satisfied from the Tribal Water Right. 

7 (3) ALLOCATIONS.—Allotted land located within 

8 the exterior boundaries of the Reservation shall be 

9 entitled to a just and equitable allocation of water 

10 for irrigation and domestic purposes from the Tribal 

11 Water Right. 

12 (4) EXHAUSTION OF REMEDIES.—Before as13 serting any claim against the United States under 

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

15 381), or any other applicable law, an Allottee shall 

16 exhaust remedies available under the Pechanga 

17 Water Code or other applicable tribal law. 

18 (5) CLAIMS.—Following exhaustion of remedies 

19 available under the Pechanga Water Code or other 

20 applicable tribal law, an Allottee may seek relief 

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

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

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

24 authority to protect the rights of Allottees as speci25 fied in this section. 


smartinez on DSK4TPTVN1PROD with BILLS
16 

•S 1983 IS

1 (e) AUTHORITY OF BAND.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), the Band shall have authority to use, al4 locate, distribute, and lease the Tribal Water Right 

5 on the Reservation in accordance with— 

6 (A) the Pechanga Settlement Agreement; 

7 and 

8 (B) applicable Federal law. 

9 (2) LEASES BY ALLOTTEES.— 

10 (A) IN GENERAL.—An Allottee may lease 

11 any interest in land held by the Allottee, to12 gether with any water right determined to be 

13 appurtenant to that interest in land. 

14 (B) WATER RIGHT APPURTENANT.—Any 

15 water right determined to be appurtenant to an 

16 interest in land leased by an Allottee shall be 

17 used on the Reservation. 

18 (f) PECHANGA WATER CODE.— 

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

20 after the enforceability date, the Band shall enact a 

21 Pechanga Water Code, that provides for— 

22 (A) the management, regulation, and gov23 ernance of all uses of the Tribal Water Right 

24 in accordance with the Pechanga Settlement 

25 Agreement; and 


smartinez on DSK4TPTVN1PROD with BILLS
17 

•S 1983 IS

1 (B) establishment by the Band of condi2 tions, permit requirements, and other limita3 tions relating to the storage, recovery, and use 

4 of the Tribal Water Right in accordance with 

5 the Pechanga Settlement Agreement. 

6 (2) INCLUSIONS.—The Pechanga Water Code 

7 shall provide— 

8 (A) that allocations of water to Allottees 

9 shall be satisfied with water from the Tribal 

10 Water Right; 

11 (B) that charges for delivery of water for 

12 irrigation purposes for Allottees shall be as13 sessed in accordance with section 7 of the Act 

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

15 (C) a process by which an Allottee (or any 

16 successor in interest to an Allottee) may re17 quest that the Band provide water for irrigation 

18 or domestic purposes in accordance with this 

19 Act; 

20 (D) a due process system for the consider21 ation and determination by the Band of any re22 quest by an Allottee (or any successor in inter23 est to an Allottee) for an allocation of such 

24 water for irrigation or domestic purposes on al25 lotted land, including a process for— 


smartinez on DSK4TPTVN1PROD with BILLS
18 

•S 1983 IS

1 (i) appeal and adjudication of any de2 nied or disputed distribution of water; and 

3 (ii) resolution of any contested admin4 istrative decision; and 

5 (E) a requirement that any Allottee (or 

6 any successor in interest to an Allottee) with a 

7 claim relating to the enforcement of rights of 

8 the Allottee (or any successor in interest to an 

9 Allottee) under the Pechanga Water Code or re10 lating to the amount of water allocated to land 

11 of the Allottee must first exhaust remedies 

12 available to the Allottee under tribal law and 

13 the Pechanga Water Code before initiating an 

14 action against the United States or petitioning 

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

16 (3) ACTION BY SECRETARY.— 

17 (A) IN GENERAL.—The Secretary shall ad18 minister the Tribal Water Right until the 

19 Pechanga Water Code is enacted and approved 

20 under this section. 

21 (B) APPROVAL.—Any provision of the 

22 Pechanga Water Code and any amendment to 

23 the Pechanga Water Code that affects the 

24 rights of Allottees— 


smartinez on DSK4TPTVN1PROD with BILLS
19 

•S 1983 IS

1 (i) shall be subject to the approval of 

2 the Secretary; and 

3 (ii) shall not be valid until approved 

4 by the Secretary. 

5 (C) APPROVAL PERIOD.—The Secretary 

6 shall approve or disapprove the Pechanga 

7 Water Code within a reasonable period of time 

8 after the date on which the Band submits the 

9 Pechanga Water Code to the Secretary for ap10 proval. 

11 (g) EFFECT.—Except as otherwise specifically pro12 vided in this section, nothing in this Act— 

13 (1) authorizes any action by an Allottee (or any 

14 successor in interest to an Allottee) against any indi15 vidual or entity, or against the Band, under Federal, 

16 State, tribal, or local law; or 

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

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

19 States Code. 

20 SEC. 6. SATISFACTION OF CLAIMS. 

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

22 under the Pechanga Settlement Agreement and this Act 

23 shall be in complete replacement of, complete substitution 

24 for, and full satisfaction of all claims of the Band against 


smartinez on DSK4TPTVN1PROD with BILLS
20 

•S 1983 IS

1 the United States that are waived and released pursuant 

2 to section 7. 

3 (b) ALLOTTEE CLAIMS.—The benefits realized by the 

4 Allottees under this Act shall be in complete replacement 

5 of, complete substitution for, and full satisfaction of— 

6 (1) all claims that are waived and released pur7 suant to section 7; and 

8 (2) any claims of the Allottees against the 

9 United States that the Allottees have or could have 

10 asserted that are similar in nature to any claim de11 scribed in section 7. 

12 (c) NO RECOGNITION OF WATER RIGHTS.—Except 

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

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

15 Allottee to water within the Reservation. 

16 (d) CLAIMS RELATING TO DEVELOPMENT OF WATER

17 FOR RESERVATION.— 

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

19 be appropriated pursuant to section 11 shall be used 

20 to satisfy any claim of the Allottees against the 

21 United States with respect to the development or 

22 protection of water resources for the Reservation. 

23 (2) SATISFACTION OF CLAIMS.—Upon the com24 plete appropriation of amounts authorized pursuant 

25 to section 11, any claim of the Allottees against the 


smartinez on DSK4TPTVN1PROD with BILLS
21 

•S 1983 IS

1 United States with respect to the development or 

2 protection of water resources for the Reservation 

3 shall be deemed to have been satisfied. 

4 SEC. 7. WAIVER OF CLAIMS. 

5 (a) IN GENERAL.— 

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

7 UNITED STATES ACTING IN ITS CAPACITY AS TRUST8 EE FOR THE BAND.— 

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

10 of rights set forth in subsection (c), in return 

11 for recognition of the Tribal Water Right and 

12 other benefits as set forth in the Pechanga Set13 tlement Agreement and this Act, the Band, on 

14 behalf of itself and the members of the Band 

15 (but not on behalf of a tribal member in the ca16 pacity of Allottee), and the United States, act17 ing as trustee for the Band, are authorized and 

18 directed to execute a waiver and release of all 

19 claims for water rights within the Santa Mar20 garita River Watershed that the Band, or the 

21 United States acting as trustee for the Band, 

22 asserted or could have asserted in any pro23 ceeding, including the Adjudication Proceeding, 

24 except to the extent that such rights are recogVerDate Sep 11 2014 23:39 Aug 12, 2015 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S1983.IS S1983

smartinez on DSK4TPTVN1PROD with BILLS
22 

•S 1983 IS

1 nized in the Pechanga Settlement Agreement 

2 and this Act. 

3 (B) CLAIMS AGAINST RCWD.—Subject to 

4 the retention of rights set forth in subsection 

5 (c) and notwithstanding any provisions to the 

6 contrary in the Pechanga Settlement Agree7 ment, the Band and the United States, on be8 half of the Band and Allottees, fully release, ac9 quit, and discharge RCWD from— 

10 (i) claims for injuries to water rights 

11 in the Santa Margarita River Watershed 

12 for land located within the Reservation 

13 arising or occurring at any time up to and 

14 including June 30, 2009; 

15 (ii) claims for injuries to water rights 

16 in the Santa Margarita River Watershed 

17 for land located within the Reservation 

18 arising or occurring at any time after June 

19 30, 2009, resulting from the diversion or 

20 use of water in a manner not in violation 

21 of the Pechanga Settlement Agreement or 

22 this Act; 

23 (iii) claims for subsidence damage to 

24 land located within the Reservation arising 


smartinez on DSK4TPTVN1PROD with BILLS
23 

•S 1983 IS

1 or occurring at any time up to and includ2 ing June 30, 2009; 

3 (iv) claims for subsidence damage 

4 arising or occurring after June 30, 2009, 

5 to land located within the Reservation re6 sulting from the diversion of underground 

7 water in a manner consistent with the 

8 Pechanga Settlement Agreement or this 

9 Act; and 

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

11 any manner to, the negotiation or execu12 tion of the Pechanga Settlement Agree13 ment or the negotiation or execution of 

14 this Act. 

15 (2) CLAIMS BY THE UNITED STATES ACTING IN

16 ITS CAPACITY AS TRUSTEE FOR ALLOTTEES.—Sub17 ject to the retention of claims set forth in subsection 

18 (c), in return for recognition of the water rights of 

19 the Band and other benefits as set forth in the 

20 Pechanga Settlement Agreement and this Act, the 

21 United States, acting as trustee for Allottees, is au22 thorized and directed to execute a waiver and release 

23 of all claims for water rights within the Santa Mar24 garita River Watershed that the United States, act25 ing as trustee for the Allottees, asserted or could 


smartinez on DSK4TPTVN1PROD with BILLS
24 

•S 1983 IS

1 have asserted in any proceeding, including the Adju2 dication Proceeding. 

3 (3) CLAIMS BY THE BAND AGAINST THE

4 UNITED STATES.—Subject to the retention of rights 

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

6 itself and the members of the Band (but not on be7 half of a tribal member in the capacity of Allottee), 

8 is authorized to execute a waiver and release of— 

9 (A) all claims against the United States 

10 (including the agencies and employees of the 

11 United States) relating to claims for water 

12 rights in, or water of, the Santa Margarita 

13 River Watershed that the United States, acting 

14 in its capacity as trustee for the Band, as15 serted, or could have asserted, in any pro16 ceeding, including the Adjudication Proceeding, 

17 except to the extent that those rights are recog18 nized in the Pechanga Settlement Agreement 

19 and this Act; 

20 (B) all claims against the United States 

21 (including the agencies and employees of the 

22 United States) relating to damages, losses, or 

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

24 resources due to loss of water or water rights 

25 (including damages, losses or injuries to huntVerDate Sep 11 2014 23:39 Aug 12, 2015 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S1983.IS S1983

smartinez on DSK4TPTVN1PROD with BILLS
25 

•S 1983 IS

1 ing, fishing, gathering, or cultural rights due to 

2 loss of water or water rights, claims relating to 

3 interference with, diversion, or taking of water 

4 or water rights, or claims relating to failure to 

5 protect, acquire, replace, or develop water, 

6 water rights, or water infrastructure) in the 

7 Santa Margarita River Watershed that first ac8 crued at any time up to and including the en9 forceability date; 

10 (C) all claims against the United States 

11 (including the agencies and employees of the 

12 United States) relating to the pending litigation 

13 of claims relating to the water rights of the 

14 Band in the Adjudication Proceeding; and 

15 (D) all claims against the United States 

16 (including the agencies and employees of the 

17 United States) relating to the negotiation or 

18 execution of the Pechanga Settlement Agree19 ment or the negotiation or execution of this 

20 Act. 

21 (b) EFFECTIVENESS OF WAIVERS AND RELEASES.— 

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

23 enforceability date. 

24 (c) RESERVATION OF RIGHTS AND RETENTION OF

25 CLAIMS.—Notwithstanding the waivers and releases auVerDate Sep 11 2014 23:39 Aug 12, 2015 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1983.IS S1983

smartinez on DSK4TPTVN1PROD with BILLS
26 

•S 1983 IS

1 thorized in this Act, the Band, on behalf of itself and the 

2 members of the Band, and the United States, acting in 

3 its capacity as trustee for the Band and Allottees, retain— 

4 (1) all claims for enforcement of the Pechanga 

5 Settlement Agreement and this Act; 

6 (2) all claims against any person or entity other 

7 than the United States and RCWD, including claims 

8 for monetary damages; 

9 (3) all claims for water rights that are outside 

10 the jurisdiction of the Adjudication Court; 

11 (4) all rights to use and protect water rights ac12 quired on or after the enforceability date; and 

13 (5) all remedies, privileges, immunities, powers, 

14 and claims, including claims for water rights, not 

15 specifically waived and released pursuant to this Act 

16 and the Pechanga Settlement Agreement. 

17 (d) EFFECT OF PECHANGA SETTLEMENT AGREE18 MENT AND ACT.—Nothing in the Pechanga Settlement 

19 Agreement or this Act— 

20 (1) affects the ability of the United States, act21 ing as sovereign, to take actions authorized by law, 

22 including any laws relating to health, safety, or the 

23 environment, including— 


smartinez on DSK4TPTVN1PROD with BILLS
27 

•S 1983 IS

1 (A) the Comprehensive Environmental Re2 sponse, Compensation, and Liability Act of 

3 1980 (42 U.S.C. 9601 et seq.); 

4 (B) the Safe Drinking Water Act (42 

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

6 (C) the Federal Water Pollution Control 

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

8 (D) any regulations implementing the Acts 

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

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

11 take actions acting as trustee for any other Indian 

12 tribe or an Allottee of any other Indian tribe; 

13 (3) confers jurisdiction on any State court— 

14 (A) to interpret Federal law regarding 

15 health, safety, or the environment; 

16 (B) to determine the duties of the United 

17 States or other parties pursuant to Federal law 

18 regarding health, safety, or the environment; or 

19 (C) to conduct judicial review of Federal 

20 agency action; 

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

22 in an individual capacity that does not derive from 

23 a right of the Band; 

24 (5) limits any funding that RCWD would other25 wise be authorized to receive under any Federal law, 


smartinez on DSK4TPTVN1PROD with BILLS
28 

•S 1983 IS

1 including, the Reclamation Wastewater and Ground2 water Study and Facilities Act (43 U.S.C. 390h et 

3 seq.) as that Act applies to permanent facilities for 

4 water recycling, demineralization, and desalination, 

5 and distribution of nonpotable water supplies in 

6 Southern Riverside County, California; 

7 (6) characterizes any amounts received by 

8 RCWD under the Pechanga Settlement Agreement 

9 or this Act as Federal for purposes of section 1649 

10 of the Reclamation Wastewater and Groundwater 

11 Study and Facilities Act (43 U.S.C. 390h–32); or 

12 (7) affects the requirement of any party to the 

13 Pechanga Settlement Agreement or any of the exhib14 its to the Pechanga Settlement Agreement to comply 

15 with the National Environmental Policy Act of 1969 

16 (42 U.S.C. 4321 et seq.) or the California Environ17 mental Quality Act (Cal. Pub. Res. Code 21000 et 

18 seq.) prior to performing the respective obligations 

19 of that party under the Pechanga Settlement Agree20 ment or any of the exhibits to the Pechanga Settle21 ment Agreement. 

22 (e) ENFORCEABILITY DATE.—The enforceability date 

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

24 Federal Register a statement of findings that— 


smartinez on DSK4TPTVN1PROD with BILLS
29 

•S 1983 IS

1 (1) the Adjudication Court has approved and 

2 entered a judgment and decree approving the 

3 Pechanga Settlement Agreement in substantially the 

4 same form as Appendix 2 to the Pechanga Settle5 ment Agreement; 

6 (2) all amounts authorized by this Act have 

7 been deposited in the Fund; 

8 (3) the waivers and releases authorized in sub9 section (a) have been executed by the Band and the 

10 Secretary; 

11 (4) the Extension of Service Area Agreement— 

12 (A) has been approved and executed by all 

13 the parties to the Extension of Service Area 

14 Agreement; and 

15 (B) is effective and enforceable in accord16 ance with the terms of the Extension of Service 

17 Area Agreement; and 

18 (5) the ESAA Water Delivery Agreement— 

19 (A) has been approved and executed by all 

20 the parties to the ESAA Water Delivery Agree21 ment; and 

22 (B) is effective and enforceable in accord23 ance with the terms of the ESAA Water Deliv24 ery Agreement. 

25 (f) TOLLING OF CLAIMS.— 


smartinez on DSK4TPTVN1PROD with BILLS
30 

•S 1983 IS

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

2 limitation and time-based equitable defense relating 

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

4 the period beginning on the date of enactment of 

5 this Act and ending on the earlier of— 

6 (A) April 30, 2030, or such alternate date 

7 after April 30, 2030, as is agreed to by the 

8 Band and the Secretary; or 

9 (B) the enforceability date. 

10 (2) EFFECTS OF SUBSECTION.—Nothing in this 

11 subsection revives any claim or tolls any period of 

12 limitation or time-based equitable defense that ex13 pired before the date of enactment of this Act. 

14 (3) LIMITATION.—Nothing in this section pre15 cludes the tolling of any period of limitations or any 

16 time-based equitable defense under any other appli17 cable law. 

18 (g) TERMINATION.— 

19 (1) IN GENERAL.—If all of the amounts author20 ized to be appropriated to the Secretary pursuant to 

21 this Act have not been made available to the Sec22 retary by April 30, 2030— 

23 (A) the waivers authorized by this section 

24 shall expire and have no force or effect; and 


smartinez on DSK4TPTVN1PROD with BILLS
31 

•S 1983 IS

1 (B) all statutes of limitations applicable to 

2 any claim otherwise waived under this section 

3 shall be tolled until April 30, 2030. 

4 (2) VOIDING OF WAIVERS.—If a waiver author5 ized by this section is void under paragraph (1)— 

6 (A) the approval of the United States of 

7 the Pechanga Settlement Agreement under sec8 tion 4 shall be void and have no further force 

9 or effect; 

10 (B) any unexpended Federal amounts ap11 propriated or made available to carry out this 

12 Act, together with any interest earned on those 

13 amounts, and any water rights or contracts to 

14 use water and title to other property acquired 

15 or constructed with Federal amounts appro16 priated or made available to carry out this Act 

17 shall be returned to the Federal Government, 

18 unless otherwise agreed to by the Band and the 

19 United States and approved by Congress; and 

20 (C) except for Federal amounts used to ac21 quire or develop property that is returned to the 

22 Federal Government under subparagraph (B), 

23 the United States shall be entitled to set off 

24 any Federal amounts appropriated or made 

25 available to carry out this Act that were exVerDate Sep 11 2014 23:39 Aug 12, 2015 Jkt 049200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1983.IS S1983

smartinez on DSK4TPTVN1PROD with BILLS
32 

•S 1983 IS

1 pended or withdrawn, together with any interest 

2 accrued, against any claims against the United 

3 States relating to water rights asserted by the 

4 Band or Allottees in any future settlement of 

5 the water rights of the Band or Allottees. 

6 SEC. 8. WATER FACILITIES. 

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

8 availability of appropriations, using amounts from the des9 ignated accounts of the Fund, provide the amounts nec10 essary to fulfill the obligations of the Band under the Re11 cycled Water Infrastructure Agreement and the ESAA Ca12 pacity Agreement, in an amount not to exceed the 

13 amounts deposited in the designated accounts for such 

14 purposes plus any interest accrued on such amounts from 

15 the date of deposit in the Fund to the date of disburse16 ment from the Fund, in accordance with this Act and the 

17 terms and conditions of those agreements. 

18 (b) NONREIMBURSABILITY OF COSTS.—All costs in19 curred by the Secretary in carrying out this section shall 

20 be nonreimbursable. 

21 (c) RECYCLED WATER INFRASTRUCTURE.— 

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

23 amounts from the Pechanga Recycled Water Infra24 structure account, provide amounts for the Storage 

25 Pond in accordance with this section. 


smartinez on DSK4TPTVN1PROD with BILLS
33 

•S 1983 IS

1 (2) STORAGE POND.— 

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

3 subject to the availability of appropriations, 

4 provide the amounts necessary to fulfill the ob5 ligations of the Band under the Recycled Water 

6 Infrastructure Agreement for the design and 

7 construction of the Storage Pond, in an amount 

8 not to exceed $2,656,374. 

9 (B) PROCEDURE.—The procedure for the 

10 Secretary to provide amounts pursuant to this 

11 section shall be as set forth in the Recycled 

12 Water Infrastructure Agreement. 

13 (C) LEAD AGENCY.—The Bureau of Rec14 lamation shall be the lead agency for purposes 

15 of the implementation of this section. 

16 (D) LIABILITY.—The United States shall 

17 have no responsibility or liability for the Stor18 age Pond. 

19 (d) ESAA DELIVERY CAPACITY.— 

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

21 amounts from the Pechanga ESAA Delivery Capac22 ity account, provide amounts for Interim Capacity 

23 and Permanent Capacity in accordance with this 

24 section. 

25 (2) INTERIM CAPACITY.— 


smartinez on DSK4TPTVN1PROD with BILLS
34 

•S 1983 IS

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

2 subject to the availability of appropriations, 

3 using amounts from the ESAA Delivery Capac4 ity account, provide amounts necessary to fulfill 

5 the obligations of the Band under the ESAA 

6 Capacity Agreement for the provision by 

7 RCWD of Interim Capacity to the Band in an 

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

9 (B) PROCEDURE.—The procedure for the 

10 Secretary to provide amounts pursuant to this 

11 section shall be as set forth in the ESAA Ca12 pacity Agreement. 

13 (C) LEAD AGENCY.—The Bureau of Rec14 lamation shall be the lead agency for purposes 

15 of the implementation of this section. 

16 (D) LIABILITY.—The United States shall 

17 have no responsibility or liability for the In18 terim Capacity to be provided by RCWD. 

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

20 not provide the Interim Capacity Notice re21 quired pursuant to the ESAA Capacity Agree22 ment by the date that is 60 days after the date 

23 required under the ESAA Capacity Agreement, 

24 the amounts in the Pechanga ESAA Delivery 

25 Capacity account for purposes of the provision 


smartinez on DSK4TPTVN1PROD with BILLS
35 

•S 1983 IS

1 of Interim Capacity and Permanent Capacity, 

2 including any interest that has accrued on those 

3 amounts, shall be available for use by the Band 

4 to provide alternative interim capacity in a 

5 manner that is similar to the Interim Capacity 

6 and Permanent Capacity that the Band would 

7 have received had RCWD provided such Interim 

8 Capacity and Permanent Capacity. 

9 (3) PERMANENT CAPACITY.— 

10 (A) IN GENERAL.—On receipt of the Per11 manent Capacity Notice pursuant to section 

12 5(b) of the ESAA Capacity Agreement, the Sec13 retary, acting through the Bureau of Reclama14 tion, shall enter into negotiations with RCWD 

15 and the Band to establish an agreement that 

16 will allow for the disbursement of amounts from 

17 the Pechanga ESAA Delivery Capacity account 

18 in accordance with subparagraph (B). 

19 (B) SCHEDULE OF DISBURSEMENT.—Sub20 ject to the availability of amounts under section 

21 9(e), on execution of the ESAA Capacity Agree22 ment, the Secretary shall, subject to the avail23 ability of appropriations and using amounts 

24 from the ESAA Delivery Capacity account, pro25 vide amounts necessary to fulfill the obligations 


smartinez on DSK4TPTVN1PROD with BILLS
36 

•S 1983 IS

1 of the Band under the ESAA Capacity Agree2 ment for the provision by RCWD of Permanent 

3 Capacity to the Band in an amount not to ex4 ceed the amount available in the ESAA Deliv5 ery Capacity account as of the date on which 

6 the ESAA Capacity Agreement is executed. 

7 (C) PROCEDURE.—The procedure for the 

8 Secretary to provide funds pursuant to this sec9 tion shall be as set forth in the ESAA Capacity 

10 Agreement. 

11 (D) LEAD AGENCY.—The Bureau of Rec12 lamation shall be the lead agency for purposes 

13 of the implementation of this section. 

14 (E) LIABILITY.—The United States shall 

15 have no responsibility or liability for the Perma16 nent Capacity to be provided by RCWD. 

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

18 not provide the Permanent Capacity Notice re19 quired pursuant to the ESAA Capacity Agree20 ment by the date that is 5 years after the en21 forceability date, the amounts in the Pechanga 

22 ESAA Delivery Capacity account for purposes 

23 of the provision of Permanent Capacity, includ24 ing any interest that has accrued on those 

25 amounts, shall be available for use by the Band 


smartinez on DSK4TPTVN1PROD with BILLS
37 

•S 1983 IS

1 to provide alternative permanent capacity in a 

2 manner that is similar to the Permanent Ca3 pacity that the Band would have received had 

4 RCWD provided such Permanent Capacity. 

5 SEC. 9. PECHANGA SETTLEMENT FUND. 

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

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

8 ‘‘Pechanga Settlement Fund’’, to be managed, invested, 

9 and distributed by the Secretary and to be available until 

10 expended, and, together with any interest earned on those 

11 amounts, to be used solely for the purpose of carrying out 

12 this Act. 

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

14 of such amounts as are deposited in the Fund under sec15 tion 11(a) of this Act, together with any interest earned 

16 on those amounts, which shall be available in accordance 

17 with subsection (e). 

18 (c) ACCOUNTS OF PECHANGA SETTLEMENT FUND.— 

19 The Secretary shall establish in the Fund the following 

20 accounts: 

21 (1) Pechanga Recycled Water Infrastructure ac22 count, consisting of amounts authorized pursuant to 

23 section 11(a)(1). 


smartinez on DSK4TPTVN1PROD with BILLS
38 

•S 1983 IS

1 (2) Pechanga ESAA Delivery Capacity account, 

2 consisting of amounts authorized pursuant to section 

3 11(a)(2). 

4 (3) Pechanga Water Fund account, consisting 

5 of amounts authorized pursuant to section 11(a)(3). 

6 (4) Pechanga Water Quality account, consisting 

7 of amounts authorized pursuant to section 11(a)(4). 

8 (d) MANAGEMENT OF FUND.—The Secretary shall 

9 manage, invest, and distribute all amounts in the Fund 

10 in a manner that is consistent with the investment author11 ity of the Secretary under— 

12 (1) the first section of the Act of June 24, 

13 1938 (25 U.S.C. 162a); 

14 (2) the American Indian Trust Fund Manage15 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.); 

16 and 

17 (3) this section. 

18 (e) AVAILABILITY OF AMOUNTS.—Amounts appro19 priated to, and deposited in, the Fund, including any in20 vestment earnings accrued from the date of deposit in the 

21 Fund through the date of disbursement from the Fund, 

22 shall be made available to the Band by the Secretary be23 ginning on the enforceability date. 


smartinez on DSK4TPTVN1PROD with BILLS
39 

•S 1983 IS

1 (f) WITHDRAWALS BY BAND PURSUANT TO THE

2 AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

3 ACT.— 

4 (1) IN GENERAL.—The Band may withdraw all 

5 or part of the amounts in the Fund on approval by 

6 the Secretary of a tribal management plan sub7 mitted by the Band in accordance with the American 

8 Indian Trust Fund Management Reform Act of 

9 1994 (25 U.S.C. 4001 et seq.). 

10 (2) REQUIREMENTS.— 

11 (A) IN GENERAL.—In addition to the re12 quirements under the American Indian Trust 

13 Fund Management Reform Act of 1994 (25 

14 U.S.C. 4001 et seq.), the tribal management 

15 plan under paragraph (1) shall require that the 

16 Band shall spend all amounts withdrawn from 

17 the Fund in accordance with this Act. 

18 (B) ENFORCEMENT.—The Secretary may 

19 carry out such judicial or administrative actions 

20 as the Secretary determines to be necessary to 

21 enforce the tribal management plan to ensure 

22 that amounts withdrawn by the Band from the 

23 Fund under this subsection are used in accord24 ance with this Act. 


smartinez on DSK4TPTVN1PROD with BILLS
40 

•S 1983 IS

1 (g) WITHDRAWALS BY BAND PURSUANT TO AN EX2 PENDITURE PLAN.— 

3 (1) IN GENERAL.—The Band may submit an 

4 expenditure plan for approval by the Secretary re5 questing that all or part of the amounts in the Fund 

6 be disbursed in accordance with the plan. 

7 (2) REQUIREMENTS.—The expenditure plan 

8 under paragraph (1) shall include a description of 

9 the manner and purpose for which the amounts pro10 posed to be disbursed from the Fund will be used, 

11 in accordance with subsection (h). 

12 (3) APPROVAL.—If the Secretary determines 

13 that an expenditure plan submitted under this sub14 section is consistent with the purposes of this Act, 

15 the Secretary shall approve the plan. 

16 (4) ENFORCEMENT.—The Secretary may carry 

17 out such judicial or administrative actions as the 

18 Secretary determines necessary to enforce an ex19 penditure plan to ensure that amounts disbursed 

20 under this subsection are used in accordance with 

21 this Act. 

22 (h) USES.—Amounts from the Fund shall be used by 

23 the Band for the following purposes: 

24 (1) PECHANGA RECYCLED WATER INFRASTRUC25 TURE ACCOUNT.—The Pechanga Recycled Water InVerDate Sep 11 2014 23:39 Aug 12, 2015 Jkt 049200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S1983.IS S1983

smartinez on DSK4TPTVN1PROD with BILLS
41 

•S 1983 IS

1 frastructure account shall be used for expenditures 

2 by the Band in accordance with section 8(c). 

3 (2) PECHANGA ESAA DELIVERY CAPACITY AC4 COUNT.—The Pechanga ESAA Delivery Capacity 

5 account shall be used for expenditures by the Band 

6 in accordance with section 8(d). 

7 (3) PECHANGA WATER FUND ACCOUNT.—The 

8 Pechanga Water Fund account shall be used for— 

9 (A) payment of the EMWD Connection 

10 Fee; 

11 (B) payment of the MWD Connection Fee; 

12 and 

13 (C) any expenses, charges, or fees incurred 

14 by the Band in connection with the delivery or 

15 use of water pursuant to the Pechanga Settle16 ment Agreement. 

17 (4) PECHANGA WATER QUALITY ACCOUNT.— 

18 The Pechanga Water Quality account shall be used 

19 by the Band to fund groundwater desalination ac20 tivities within the Wolf Valley Basin. 

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

22 the Treasury shall not be liable for the expenditure of, 

23 or the investment of any amounts withdrawn from, the 

24 Fund by the Band under subsection (f) or (g). 


smartinez on DSK4TPTVN1PROD with BILLS
42 

•S 1983 IS

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

2 the Fund shall be distributed on a per capita basis to any 

3 member of the Band. 

4 SEC. 10. MISCELLANEOUS PROVISIONS. 

5 (a) WAIVER OF SOVEREIGN IMMUNITY BY THE

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

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

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

9 Act waives the sovereign immunity of the United States. 

10 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

11 Nothing in this Act quantifies or diminishes any land or 

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

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

14 Band. 

15 (c) LIMITATION ON CLAIMS FOR REIMBURSEMENT.— 

16 With respect to Indian land within the Reservation— 

17 (1) the United States shall not submit against 

18 any Indian-owned land located within the Reserva19 tion any claim for reimbursement of the cost to the 

20 United States of carrying out this Act and the 

21 Pechanga Settlement Agreement; and 

22 (2) no assessment of any Indian-owned land lo23 cated within the Reservation shall be made regard24 ing that cost. 


smartinez on DSK4TPTVN1PROD with BILLS
43 

•S 1983 IS

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

2 section affects any provision of law (including regulations) 

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

4 Act with respect to preenforcement review of any Federal 

5 environmental enforcement action. 

6 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.— 

8 (1) PECHANGA RECYCLED WATER INFRASTRUC9 TURE ACCOUNT.—There is authorized to be appro10 priated $2,656,374, for deposit in the Pechanga Re11 cycled Water Infrastructure account, to carry out 

12 the activities described in section 8(c). 

13 (2) PECHANGA ESAA DELIVERY CAPACITY AC14 COUNT.—There is authorized to be appropriated 

15 $17,900,000, for deposit in the Pechanga ESAA De16 livery Capacity account, which amount shall be ad17 justed for changes in construction costs since June 

18 30, 2009, as is indicated by ENR Construction Cost 

19 Index, 20-City Average, as applicable to the types of 

20 construction required for the Band to provide the in21 frastructure necessary for the Band to provide the 

22 Interim Capacity and Permanent Capacity in the 

23 event that RCWD elects not to provide the Interim 

24 Capacity or Permanent Capacity as set forth in the 

25 ESAA Capacity Agreement and contemplated in secVerDate Sep 11 2014 23:39 Aug 12, 2015 Jkt 049200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S1983.IS S1983

smartinez on DSK4TPTVN1PROD with BILLS
44 

•S 1983 IS

1 tions 8(d)(2)(E) and 8(d)(3)(F) of this Act, with 

2 such adjustment ending on the date on which funds 

3 authorized to be appropriated under this section 

4 have been deposited in the Fund. 

5 (3) PECHANGA WATER FUND ACCOUNT.—There 

6 is authorized to be appropriated $5,483,653, for de7 posit in the Pechanga Water Fund account, which 

8 amount shall be adjusted for changes in appropriate 

9 cost indices since June 30, 2009, with such adjust10 ment ending on the date of deposit in the Fund, for 

11 the purposes set forth in section 9(h)(3). 

12 (4) PECHANGA WATER QUALITY ACCOUNT.— 

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

14 for deposit in the Pechanga Water Quality account, 

15 which amount shall be adjusted for changes in ap16 propriate cost indices since June 30, 2009, with 

17 such adjustment ending on the date of deposit in the 

18 Fund, for the purposes set forth in section 9(h)(4). 

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

20 If the Secretary does not publish a statement of find21 ings under section 7(e) by April 30, 2021, or such alter22 native later date as is agreed to by the Band and the Sec23 retary, as applicable— 


smartinez on DSK4TPTVN1PROD with BILLS
45 

•S 1983 IS

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

2 May 1, 2021, or the day after the alternative date 

3 agreed to by the Band and the Secretary; 

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

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

7 (3) any amounts appropriated under section 11, 

8 together with any interest on those amounts, shall 

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

11 (4) any amounts made available under section 

12 11 that remain unexpended shall immediately revert 

13 to the general fund of the Treasury. 

14 SEC. 13. ANTIDEFICIENCY. 

15 (a) IN GENERAL.—Notwithstanding any authoriza16 tion of appropriations to carry out this Act, the expendi17 ture or advance of any funds, and the performance of any 

18 obligation by the Department in any capacity, pursuant 

19 to this Act shall be contingent on the appropriation of 

20 funds for that expenditure, advance, or performance. 

21 (b) LIABILITY.—The Department of the Interior 

22 shall not be liable for the failure to carry out any obliga23 tion or activity authorized by this Act if adequate appro24 priations are not provided to carry out this Act. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS