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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4841 Enrolled Bill (ENR)]

        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 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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