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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4841 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  2d Session
                                H. R. 4841

_______________________________________________________________________

                                 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 Luiseno Indians 
Settlement Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) The Soboba Band of Luiseno 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 Luiseno 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 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 Luiseno 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 Luiseno 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;
                            (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 Luiseno 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 luiseno 
        indians.--The terms ``Tribe'', ``Soboba Tribe'', or ``Soboba 
        Band of Luiseno 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 Luiseno 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.
    (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 Luiseno 
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 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 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 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 time-based 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 
        Luiseno 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--
                    (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 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 section 5 shall 
revert to the general fund of the United States Treasury.

            Passed the House of Representatives May 21, 2008.

            Attest:

                                                                 Clerk.
110th CONGRESS

  2d Session

                               H. R. 4841

_______________________________________________________________________

                                 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.
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