H. R. 4841 

One Hundred Tenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Thursday, 

the third day of January, two thousand and eight 

An Act 

To approve, ratify, and confirm the settlement agreement entered into to resolve 

claims by the Soboba Band of Luiseno Indians relating to alleged interferences 

with the water resources of the Tribe, to authorize and direct the Secretary 

of the Interior to execute and perform the Settlement Agreement and related 

waivers, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Soboba Band of Luisen ̃ o Indians 

Settlement Act’’. 

SEC. 2. FINDINGS AND PURPOSES. 

(a) FINDINGS.—The Congress finds the following: 

(1) The Soboba Band of Luisen ̃ o Indians is a federally 

recognized Indian tribe whose Reservation of approximately 

6,000 acres, extending east and north from the banks of the 

San Jacinto River in Riverside County, California, was created 

by an Executive Order dated June 19, 1883, and enlarged 

and modified by subsequent Executive Orders, purchases, and 

an Act of Congress. 

(2) The Tribe’s water rights have not been quantified, and 

the Tribe has asserted claims for interferences with the water 

resources of its Reservation, which the Tribe maintains have 

rendered much of the Tribe’s Reservation useless for habitation, 

livestock, or Agriculture. On April 20, 2000, the Tribe filed 

a lawsuit against The Metropolitan Water District of Southern 

California for interference with the Tribe’s water resources 

and damages to its Reservation allegedly caused by 

Metropolitan’s construction and operation of the San Jacinto 

Tunnel, which is part of the Colorado River Aqueduct. The 

lawsuit, styled Soboba Band of Luisen ̃ o Indians v. Metropolitan 

Water District of Southern California, No. 00–04208 GAF 

(MANx), is pending in the United States District Court for 

the Central District of California. 

(3) The Tribe also has made claims against Eastern Municipal Water District and Lake Hemet Municipal Water District, 

located adjacent to the Reservation, seeking to secure its water 

rights and damages arising from alleged past interference with 

the Tribe’s water resources. 

(4) After negotiations, which included participation by representatives of the Tribe, the United States on behalf of the 

Tribe, The Metropolitan Water District of Southern California, 

Eastern Municipal Water District, and Lake Hemet Municipal 
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Water District, a Settlement Agreement has been developed 

to determine the Tribe’s water rights, resolve all of its claims 

for interference with the water resources of, and damages to, 

its Reservation, provide for the construction of water projects 

to facilitate the exercise of the Tribe’s rights, and resolve the 

lawsuit referenced in paragraph (2) of this section. 

(5) The Settlement Agreement provides that— 

(A) Eastern Municipal Water District and Lake Hemet 

Municipal Water District acknowledge and assure the 

Tribe’s prior and paramount right, superior to all others, 

to pump 9,000 acre-feet of water annually from the San 

Jacinto River basin in accordance with the limitations and 

other conditions set forth in the Settlement Agreement; 

(B) Eastern Municipal Water District and The Metropolitan Water District of Southern California will contract 

to supply water to Eastern Municipal Water District and 

Eastern Municipal Water District will use this water to 

recharge water supplies into the basin; and 

(C) the three water districts will make substantial 

additional contributions to the settlement, including the 

conveyance of certain replacement lands and economic 

development funds to the Tribe, to carry out the Settlement 

Agreement’s provisions. 

(b) PURPOSES.—The purposes of this Act are— 

(1) to approve, ratify, and confirm the Settlement Agreement entered into by the Tribe and non-Indians entities; 

(2) to achieve a fair, equitable, and final settlement of 

all claims of the Soboba Band of Luisen ̃ o Indians, its members, 

and the United States on behalf of the Tribe and its members, 

to the water of the San Jacinto River basin; 

(3) to authorize and direct the Secretary of the Interior 

to execute and perform all obligations of the Secretary under 

the Settlement Agreement; and 

(4) to authorize the actions and appropriations necessary 

to meet obligations of the United States under the Settlement 

Agreement and this Act. 

SEC. 3. DEFINITIONS. 

In this Act: 

(1) RESTORATION FUND.—The term ‘‘Restoration Fund’’ 

means the San Jacinto Basin Restoration Fund established 

by section 6. 

(2) DEVELOPMENT FUND.—The term ‘‘Development Fund’’ 

means the Soboba Band of Luisen ̃ o Indians Water Development 

Fund established by section 7. 

(3) RESERVATION.— 

(A) IN GENERAL.—The term ‘‘Reservation’’ means the 

Soboba Indian Reservation created by Executive Order 

dated June 19, 1883, and enlarged and modified as of 

the date of enactment of this Act by Executive Orders 

and an Act of Congress. 

(B) EXCLUSIONS.—For the purposes of this Act, the 

term ‘‘Reservation’’ does not include— 

(i) the 950 acres northwest of and contiguous to 

the Reservation known as the ‘‘Jones Ranch’’, purchased by the Soboba Tribe in fee on July 21, 2001, 

and placed into trust on January 13, 2003; 
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(ii) the 535 acres southeast of and contiguous to 

the Reservation known as the ‘‘Horseshoe Grande’’, 

purchased by the Soboba Tribe in fee in seven separate 

transactions in June and December 2001, December 

2004, June 2006, and January 2007; and 

(iii) the 478 acres north of and contiguous to the 

Reservation known as ‘‘The Oaks’’, purchased by the 

Soboba Tribe in fee on April 4, 2004. 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior or a designee of the Secretary. 

(5) SETTLEMENT AGREEMENT.—The term ‘‘Settlement Agreement’’ means that agreement dated June 7, 2006, as amended 

to be consistent with this Act, together with all exhibits thereto. 

The parties to the Settlement Agreement are the Soboba Band 

of Luisen ̃ o Indians and its members, the United States on 

behalf of the Tribe and its members, The Metropolitan Water 

District of Southern California, Eastern Municipal Water District, and Lake Hemet Municipal Water District. 

(6) TRIBE, SOBOBA TRIBE, OR SOBOBA BAND OF LUISEN ̃ O

INDIANS.—The terms ‘‘Tribe’’, ‘‘Soboba Tribe’’, or ‘‘Soboba Band 

of Luisen ̃ o Indians’’ means the body politic and federally recognized Indian tribe, and its members. 

(7) WATER MANAGEMENT PLAN.—The term ‘‘Water Management Plan’’ means the plan, approved by the Soboba Tribe 

and the Secretary, developed pursuant to section 4.8, paragraph 

A of the Settlement Agreement to resolve the overdraft of 

the San Jacinto basin. 

SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT; AUTHORIZATION. 

(a) IN GENERAL.—The United States hereby approves, ratifies, 

and confirms the Settlement Agreement, except to the extent it 

conflicts with the provisions of this Act. 

(b) AUTHORIZATION.—The Secretary is authorized and directed 

to execute, and take such other actions as are necessary to implement, the Settlement Agreement and any amendments approved 

by the parties necessary to make the Settlement Agreement consistent with this Act. 

SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

(a) RESTORATION FUND.—There is authorized to be appropriated 

to the San Jacinto Basin Restoration Fund established in section 

6 of this Act the amount of $5,000,000 for each of fiscal years 

2010 and 2011 to pay or reimburse the costs associated with constructing, operating, and maintaining the portion of the basin 

recharge project that the United States is responsible for under 

the Settlement Agreement. These costs are described in section 

4.5 of the Settlement Agreement and are necessary to accommodate 

deliveries of the supplemental imported water under section 4.4 

of the Settlement Agreement. 

(b) DEVELOPMENT FUND.—There is authorized to be appropriated to the Soboba Band of Luisen ̃ o Indians Water Development Fund established in section 7 of this Act the amount of $5,500,000 

for each of fiscal years 2010 and 2011 to pay or reimburse costs 

associated with constructing, operating, and maintaining water and 

sewage infrastructure, and other water-related development 

projects. 
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(c) LIMITATION.—No funding of any construction, operation, 

maintenance, or replacement other than those funds authorized 

under subsections (a) and (b) shall be the responsibility of the 

Federal Government under the Settlement Agreement or this Act. 

SEC. 6. RESTORATION FUND. 

(a) ESTABLISHMENT.—There shall be established within the 

Treasury of the United States a non-interest bearing account to 

be known as the ‘‘San Jacinto Basin Restoration Fund’’, consisting 

of the amounts authorized to be appropriated in section 5(a) of 

this Act. 

(b) ADMINISTRATION.—The Restoration Fund shall be administered by the Secretary for the purposes set forth in subsection 

(d) of this section. 

(c) AVAILABILITY.—The funds authorized to be appropriated 

pursuant to section 5(a) of this Act shall be available for expenditure 

or withdrawal only after the effective date set forth in section 

10(a). 

(d) EXPENDITURES AND WITHDRAWALS.— (1) EXPENDITURE PLAN.— (A) IN GENERAL.—Eastern Municipal Water District, 

on behalf of the Water Management Plan, shall submit 

to the Secretary for approval an expenditure plan for use 

of the Restoration Fund. 

(B) REQUIREMENTS.—The expenditure plan shall 

require that any funds be expended or reimbursed in 

accordance with the purposes described in section 5(a) of 

this Act. 

(2) WITHDRAWALS.—On approval by the Secretary of the 

expenditure plan described in this section, Eastern Municipal 

Water District, on behalf of the Water Management Plan, may 

expend or be reimbursed monies from the Restoration Fund 

as provided in the plan. 

(3) ENFORCEMENT.—The Secretary may take judicial or 

administrative action to enforce the provisions of any expenditure plan to ensure that monies expended or reimbursed from 

the Restoration Fund under the plan are used in accordance 

with this Act. 

(4) LIABILITY.—If Eastern Municipal Water District, on 

behalf of the Water Management Plan, exercises the right 

to expend or be reimbursed monies from the Restoration Fund, 

neither the Secretary nor the Secretary of the Treasury shall 

have any liability for the expenditure or reimbursement. 

(5) ANNUAL REPORT.—Eastern Municipal Water District 

shall submit to the Tribe and the Secretary an annual report 

that describes all expenditures or reimbursements from the 

Restoration Fund during the year covered by the report. 

SEC. 7. DEVELOPMENT FUND. 

(a) ESTABLISHMENT.—There shall be established within the 

Treasury of the United States a fund to be known as the ‘‘Soboba 

Band of Luisen ̃ o Indians Water Development Fund’’, to be managed 

and invested by the Secretary consisting of the amounts authorized 

to be appropriated in section 5(b). 

(b) MANAGEMENT.—The Secretary shall manage the Development Fund, make investments, and make monies available for 

distribution consistent with the American Indian Trust Fund 

Management Reform Act of 1994 (25 U.S.C. 4001 et seq.) (referred 
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to in this section as the ‘‘Trust Fund Reform Act’’), this Act, and 

the Settlement Agreement. 

(c) INVESTMENT.—The Secretary shall invest amounts in the 

Development Fund in accordance with— 

(1) the Act of April 1, 1880 (21 Stat. 70, ch. 41, 25 U.S.C. 

161); 

(2) the first section of the Act of June 24, 1938 (52 Stat. 

1037, ch. 648, 25 U.S.C. 162a); and 

(3) subsection (b) of this section. 

(d) AVAILABILITY.—The funds authorized to be appropriated 

pursuant to section 5(b) of this Act shall be available for expenditure 

or withdrawal only after the effective date set forth in section 

10(a). 

(e) EXPENDITURES AND WITHDRAWALS.— 

(1) TRIBAL MANAGEMENT PLAN.— 

(A) IN GENERAL.—The Tribe may withdraw all or part 

of the Development Fund on approval by the Secretary 

of a tribal management plan as described in the Trust 

Fund Reform Act. 

(B) REQUIREMENTS.—In addition to the requirements 

under the Trust Fund Reform Act, the tribal management 

plan shall require that any funds be expended or 

reimbursed in accordance with the purposes described in 

section 5(b) of this Act. 

(C) ENFORCEMENT.—The Secretary may take judicial 

or administrative action to enforce the provisions of any 

tribal management plan to ensure that monies withdrawn 

from the Development Fund under the plan are used in 

accordance with this Act. 

(D) LIABILITY.—If the Tribe exercises the right to withdraw monies from the Development Fund, neither the Secretary nor the Secretary of the Treasury shall retain any 

liability for the expenditure or investment. 

(2) EXPENDITURE PLAN.— 

(A) IN GENERAL.—The Tribe shall submit to the Secretary for approval an expenditure plan for any portion 

of the amounts made available under section 5(b) that 

the Tribe does not withdraw under this subsection. 

(B) DESCRIPTION.—The expenditure plan shall describe 

the manner in which, and the purposes for which, amounts 

of the Tribe remaining in the Funds will be used. 

(C) APPROVAL.—On receipt of an expenditure plan 

under subparagraph (A), the Secretary shall approve the 

plan if the Secretary determines that the plan is reasonable 

and consistent with this Act and the Agreement. 

(3) ANNUAL REPORT.—The Tribe shall submit to the Secretary an annual report that describes all expenditures from 

the Development Fund during the year covered by the report. 

(4) NO PER CAPITA DISTRIBUTIONS.—No part of the Development Fund shall be distributed on a per capita basis to members of the Tribe. 

SEC. 8. WAIVERS AND RELEASES. 

(a) TRIBE AND UNITED STATES AUTHORIZATION.—The Tribe, on 

behalf of itself and its members, and the Secretary, on behalf 

of the United States in its capacity as trustee for the Tribe and 

its members, are authorized, as part of the performance of their 
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obligations under the Settlement Agreement, to execute a waiver 

and release for claims under Federal, State, or other law against 

The Metropolitan Water District of Southern California, Eastern 

Municipal Water District, and Lake Hemet Municipal Water District, for any and all— 

(1) past, present, and future claims to surface water and 

groundwater rights for the Reservation arising from time 

immemorial through the effective date described in section 

10 of this Act and anytime thereafter, except claims to enforce 

the Settlement Agreement or claims based on water rights 

acquired after the effective date described in section 10 of 

this Act; 

(2) past, present, and future claims for injury of any kind 

arising from interference with surface water and groundwater 

resources and water rights of the Reservation, including, but 

not limited to, all claims for injury to the Tribe’s use and 

enjoyment of the Reservation, economic development, religion, 

language, social structure and culture, and injury to the natural 

resources of the Reservation, from time immemorial through 

the effective date described in section 10 of this Act; 

(3) past, present, and future claims for injury of any kind 

arising from, or in any way related to, continuing interference 

with surface water and groundwater resources and water rights 

of the Reservation, including the full scope of claims defined 

in section 5.1, paragraph A(2) of the Settlement Agreement, 

to the extent that such continuing interference began prior 

to the effective date described in section 10 of this Act, from 

time immemorial through the effective date described in section 

10 of this Act and anytime thereafter; 

(4) past, present, and future claims for injury of any kind 

arising from, or in any way related to, seepage of water into 

the San Jacinto Tunnel, including the full scope of claims 

defined in section 5.1, paragraph A(2) of the Settlement Agreement, from time immemorial through the effective date 

described in section 10 of this Act and anytime thereafter; 

and 

(5) past, present, and future claims for injury of any kind 

arising from, or in any way related to, the Water Management 

Plan as approved in accordance with the Settlement Agreement, 

from time immemorial through the effective date described 

in section 10 of this Act and anytime thereafter. 

(b) TRIBAL WAIVERS AGAINST THE UNITED STATES.— 

(1) IN GENERAL.—The Tribe is authorized, as part of the 

performance of its obligations under the Settlement Agreement, 

to execute a waiver and release for claims against the United 

States (acting in its capacity as trustee for the Tribe or its 

members, or otherwise acting on behalf of the Tribe or its 

members), including any agencies, officials, or employees 

thereof, for any and all— 

(A) claims described in subsection (a) of this section; 

(B) past, present, and future claims for failure to 

acquire or develop water rights and water resources of 

the Reservation arising from time immemorial through 

the effective date described in section 10 of this Act and 

anytime thereafter; 

(C) past, present, and future claims for failure to protect water rights and water resources of the Reservation 
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arising from time immemorial through the effective date 

described in section 10 of this Act, and any past, present, 

and future claims for any continuing failure to protect 

water rights and water resources of the Reservation, arising 

from time immemorial through the effective date described 

in section 10 of this Act and, to the extent that such 

continuing failure to protect began before the effective date 

described in section 10 of this Act, anytime thereafter; 

(D) past, present, and future claims arising from the 

failure of any non-Federal Party to fulfill the terms of 

the Settlement Agreement at anytime; and 

(E) past, present, and future claims arising out of 

the negotiation of the Settlement Agreement or the negotiation and enactment of this Act, or any specific terms of 

provisions thereof, including, but not limited to, the Tribe’s 

consent to limit the number of participant parties to the 

Settlement Agreement. 

(2) EFFECTIVENESS OF WAIVERS AGAINST THE UNITED

STATES.— 

(A) IN GENERAL.—The waiver and release contained 

in this subsection shall take effect on the date on which 

all of the amounts authorized under sections 5(a) and 5(b) 

are appropriated. 

(B) PERIODS OF LIMITATION; EQUITABLE CLAIMS.— 

(i) IN GENERAL.—All periods of limitation and timebased equitable defenses applicable to the claims set 

forth in paragraph (1) are tolled for the period between 

the date of enactment of this Act until the date on 

which the amounts authorized under sections 5(a) and 

5(b) are appropriated. 

(ii) EFFECT OF SUBPARAGRAPH.—This subparagraph neither revives any claim nor tolls any period 

of limitation or time-based equitable defense that may 

have expired before the date of enactment of this Act. 

(C) DEFENSE.—The making of the amounts of appropriations authorized under sections 5(a) and 5(b) shall constitute a complete defense to any claim which involves 

the claims set forth in paragraph (b)(1) pending in any 

court of the United States on the date on which the appropriations are made. 

SEC. 9. MISCELLANEOUS PROVISIONS. 

(a) JURISDICTION.— 

(1) NO EFFECT ON SUBJECT MATTER JURISDICTION.—Nothing 

in the Agreement or this Act restricts, enlarges, or otherwise 

determines the subject matter jurisdiction of any Federal, State, 

or Tribal court. 

(2) JUDGMENT AND DECREE.—The United States consents 

to jurisdiction in the United States District Court for the Central District of California case known as Soboba Band of 

Luisen ̃ o Indians v. Metropolitan Water District of Southern 

California, No. 00–04208 for the purpose of obtaining approval 

for a judgment and decree substantially the same as the judgment and decree attached to the Settlement Agreement as 

exhibit H. 

(3) EFFECT OF SUBSECTION.—Nothing in this subsection 

confers jurisdiction on any State court to— 
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(A) enforce Federal environmental laws regarding the 

duties of the United States; or 

(B) conduct judicial review of Federal agency action. 

(b) USE OF WATER.— 

(1) TRIBAL USE.—With respect to water rights made available under the Settlement Agreement— 

(A) the Tribe may use water made available to it 

under the Settlement Agreement for any use it deems 

advisable on the Reservation and on any other lands it 

owns or may acquire, in fee or in trust, contiguous to 

the Reservation or within the area of the groundwater 

basin described in section 2.4 of the Settlement Agreement; 

(B) such water rights shall be held in trust by the 

United States in perpetuity, and shall not be subject to 

forfeiture or abandonment; and 

(C) State law shall not apply to the Tribe’s use of 

water made available to it under the Settlement Agreement. 

(2) NON-TRIBAL USE.— 

(A) CONTRACTS AND OPTIONS.—Subject to the limitations in subparagraph (B), the Tribe may enter into contracts and options to lease or contracts and options to 

exchange water made available to it under the Settlement 

Agreement, or enter into contracts and options to postpone 

existing water uses or postpone undertaking new or 

expanded water uses. 

(B) LIMITATIONS ON NON-TRIBAL USE.— 

(i) CONSISTENCY WITH WATER MANAGEMENT

PLAN.—Any water made available under subparagraph 

(A) shall only be used by participants in, or other 

users within the area of, the Water Management Plan 

described in section 2.32 of the Settlement Agreement. 

(ii) PROHIBITION ON PERMANENT ALIENATION.—No 

contract under subparagraph (A) shall be for a term 

exceeding one hundred years, nor shall any contract 

under subparagraph (A) provide for permanent alienation of any portion of the water rights made available 

under the Settlement Agreement. 

(C) LIABILITY.—The Secretary shall not be liable to 

any party, including the Tribe, for any term of, or any 

loss or other detriment resulting from, a lease or contract 

entered into pursuant to this subparagraph. 

(c) RETENTION OF RIGHTS.— 

(1) In the event the waivers and releases set out in section 

8 of this Act do not become effective pursuant to section 10(a) 

of this Act, the Soboba Tribe and the United States shall 

retain the right to assert all rights and claims enumerated 

in section 8, and any claims or defenses of the parties to 

the Settlement Agreement shall also be retained. 

(2) The parties expressly reserve all rights not specifically 

granted, recognized, waived, or released by the Settlement 

Agreement or this Act. 

(3) Notwithstanding the waivers and releases set forth 

in section 8(a), the United States retains all claims relating 

to violations of the Clean Water Act, the Safe Drinking Water 

Act, the Comprehensive Environmental Response, Compensation, and Liability Act, Resource Conservation and Recovery 
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Act, and the regulations implementing these Acts, including, 

but not limited to claims related to water quality. 

(d) PRECEDENT.—Nothing in this Act establishes any standard 

for the quantification or litigation of Federal reserved water rights 

or any other Indian water claims of any other Indian tribes in 

any other judicial or administrative proceeding. 

(e) OTHER INDIAN TRIBES.—Nothing in the Settlement Agreement or this Act shall be construed in any way to quantify or 

otherwise adversely affect the water rights, claims, or entitlements 

to water of any Indian tribe, band, or community, other than 

the Soboba Tribe. 

(f) ENVIRONMENTAL COMPLIANCE.— 

(1) Signing by the Secretary of the Settlement Agreement 

does not constitute major Federal action under the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

(2) The Secretary is directed to carry out all environmental 

compliance required by Federal law in implementing the Agreement. 

SEC. 10. EFFECTIVE DATE. 

(a) IN GENERAL.—The waivers and releases authorized in subsection (a) of section 8 of this Act shall become effective as of 

the date the Secretary causes to be published in the Federal Register a statement of findings that— 

(1) this Act has been enacted; 

(2) to the extent that the Settlement Agreement conflicts 

with this Act, the Settlement Agreement has been revised 

to conform with the Act; 

(3) the Settlement Agreement, revised as necessary, and 

the waivers and releases described in article 5 of the Settlement 

Agreement and section 8(a) of this Act have been executed 

by the parties and the Secretary; 

(4) warranty deeds for the property to be conveyed to 

the Tribe described in section 4.6 of the Settlement Agreement 

have been placed in escrow; 

(5) the Tribe and the Secretary have approved the Water 

Management Plan; and 

(6) the judgment and decree attached to the Settlement 

Agreement as exhibit H or a judgment and decree substantially 

the same as exhibit H has been approved by the United States 

District Court, Eastern Division of the Central District of California, and that judgment and decree has become final and 

nonappealable. 

(b) DEADLINE FOR EFFECTIVE DATE.—If the conditions precedent 

required under subsection (a) of this section have not been fulfilled 

by March 1, 2012, the Settlement Agreement and this Act shall 

not thereafter be effective and shall be null and void, and any 

funds and the interest accrued thereon appropriated pursuant to 
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section 5 shall revert to the general fund of the United States 

Treasury. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.