I 

110TH CONGRESS 

1ST SESSION H. R. 1276 

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

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

interences 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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 1, 2007 

Mrs. BONO (for herself, Mr. LEWIS of California, Mr. BACA, and Mr. KILDEE) 

introduced the following bill; which was referred to the Committee on 

Natural Resources 

A BILL 

To approve, ratify, and confirm the settlement agreement 

entered into to resolve claims by the Soboba Band of 

Luiseno Indians relating to alleged interences 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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Soboba Band of 

3 Luisen ̃o Indians Settlement Act’’. 

4 SEC. 2. FINDINGS AND PURPOSES. 

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

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

7 federally recognized Indian tribe whose Reservation 

8 of approximately 6,000 acres, extending east and 

9 north from the banks of San Jacinto River in River10 side County, California, was created by an Executive 

11 Order of June 19, 1883, and enlarged and modified 

12 by subsequent Executive Orders, purchases, and an 

13 Act of Congress. 

14 (2) The Tribe’s water rights have not been 

15 quantified, and the Tribe has longstanding unre16 solved claims for interferences with the water re17 sources of its Reservation, which the Tribe main18 tains have rendered much of the Tribe’s Reservation 

19 useless for habitation, livestock, or agriculture. On 

20 April 20, 2000, the Tribe filed a lawsuit against the 

21 Metropolitan Water District of Southern California 

22 for interference with the Tribe’s water resources and 

23 damages to its Reservation allegedly caused by Met24 ropolitan Water District of Southern California’s 

25 construction and operation of the San Jacinto Tun26 nel, which is part of the Colorado River Aqueduct. 


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1 The lawsuit, titled Soboba Band of Luisen ̃o Indians 

2 v. Metropolitan Water District of Southern Cali3 fornia, No. 00–04208 GAF (MANx), is pending in 

4 the United States District Court for the Central 

5 District of California. 

6 (3) The Tribe also has made claims against 

7 Eastern Municipal Water District and Lake Hemet 

8 Municipal Water District, located adjacent to the 

9 Reservation, seeking to secure its water rights and 

10 damages arising from alleged past interference with 

11 the Tribe’s water resources. 

12 (4) Recognizing that the final resolution of its 

13 water rights and claims through litigation will take 

14 many years and entail great expense to all parties, 

15 continue to limit the Tribe’s access to water with 

16 economic, social, and cultural consequences to the 

17 Tribe, prolong uncertainty as to the availability of 

18 water supplies, and seriously impair the long-term 

19 economic planning and development of all parties, 

20 the Tribe and non-Indian entities have sought to set21 tle their water-related disputes and reduce the bur22 dens of litigation. 

23 (5) After negotiations, which included participa24 tion by representatives of the Tribe, the United 

25 States, the Metropolitan Water District of Southern 


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1 California, the Eastern Municipal Water District, 

2 and Lake Hemet Municipal Water District, the par3 ties have entered into a Settlement Agreement to de4 termine the Tribe’s water rights, resolve all of its 

5 claims for interference with the water resources of, 

6 and damages to, its Reservation, and provide for the 

7 construction of water projects to facilitate the exer8 cise of the Tribe’s rights. 

9 (6) Pursuant to the Settlement Agreement, 

10 Eastern Municipal Water District and Lake Hemet 

11 Municipal Water District acknowledge and assure 

12 the Tribe’s prior and paramount right, superior to 

13 all others, to pump 9,000 acre-feet of water annually 

14 from the San Jacinto River basin. To provide water 

15 to the Tribe and to reduce the overdraft of the 

16 basin, the two water districts and the Metropolitan 

17 Water District of Southern California will contract 

18 to import and recharge supplemental water supplies 

19 into the basin. The water districts also will make 

20 substantial additional contributions to the settle21 ment, including the conveyance of certain replace22 ment lands and economic development funds to the 

23 Tribe, to carry out the Settlement Agreement’s pro24 visions. 


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1 (7) It is appropriate that the United States 

2 participate in the implementation of the Settlement 

3 Agreement, and contribute funds to enable the Tribe 

4 to use its water entitlement in developing its Res5 ervation, and to assist the neighboring non-Indian 

6 entities in the construction, operation, and mainte7 nance of the facilities required to recharge the im8 ported water. 

9 (b) PURPOSES.—The purposes of this Act include— 

10 (1) to approve, ratify, and confirm the Settle11 ment Agreement entered into by the Tribe and non12 Indians entities; 

13 (2) to authorize and direct the Secretary of the 

14 Interior to execute and perform the Settlement 

15 Agreement and related waivers; and 

16 (3) to authorize the actions, agreements, and 

17 appropriations as provided in the Settlement Agree18 ment and this Act. 

19 SEC. 3. DEFINITIONS. 

20 In this Act, the following definitions apply: 

21 (1) DEVELOPMENT FUND.—The term ‘‘Devel22 opment Fund’’ means the Soboba Band of Luisen ̃o 

23 Indians Water Development Fund established by 

24 section 7. 


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1 (2) RESERVATION.—The term ‘‘Reservation’’ 

2 means the Soboba Indian Reservation created by an 

3 Executive Order dated June 19, 1883, and enlarged 

4 and modified by subsequent Executive Orders, pur5 chases, and an Act of Congress, excluding the 950 

6 acres northwest of and contiguous to the Reserva7 tion known as the ‘‘Jones Ranch,’’ purchased by the 

8 Soboba Tribe in fee on July 21, 2001, and placed 

9 into trust on January 13, 2003, the 129.19 acres 

10 southeast of and contiguous to the Reservation 

11 known as the ‘‘Horseshoe Properties,’’ purchased by 

12 the Soboba Tribe in fee in four separate transactions 

13 in June and December 2001, and the 478 acres 

14 north of and contiguous to the Reservation known as 

15 ‘‘Kwiili,’’ purchased by the Soboba Tribe in fee on 

16 April 4, 2004. 

17 (3) RESTORATION FUND.—The term ‘‘Restora18 tion Fund’’ means the San Jacinto Basin Restora19 tion Fund established by this Act. 

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

21 the Secretary of the Interior or the Secretary’s des22 ignee. 

23 (5) SETTLEMENT AGREEMENT.—The term 

24 ‘‘Settlement Agreement’’ means that agreement 

25 dated June 7, 2006, together with all exhibits thereVerDate Aug 31 2005 16:54 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1276.IH H1276

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1 to. The parties to the Settlement Agreement are the 

2 Soboba Band of Luisen ̃o Indians and its members, 

3 the United States on behalf of the Tribe and its 

4 members, the Metropolitan Water District of South5 ern California, Eastern Municipal Water District, 

6 and Lake Hemet Municipal Water District. 

7 (6) TRIBE, SOBOBA TRIBE, OR SOBOBA BAND

8 OF LUISEN ̃O INDIANS.—The terms ‘‘Tribe’’, ‘‘Soboba 

9 Tribe’’, or ‘‘Soboba Band of Luisen ̃o Indians’’ 

10 means the body politic and federally recognized In11 dian tribe, and its members. 

12 (7) WATER MANAGEMENT PLAN.—The term 

13 ‘‘Water Management Plan’’ means the plan, ap14 proved by the Soboba Tribe and the Secretary, de15 veloped pursuant to Section 4.8, paragraph A of the 

16 Settlement Agreement to resolve the overdraft of the 

17 San Jacinto basin. 

18 SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT; AU19 THORIZATION. 

20 (a) IN GENERAL.—The United States hereby ap21 proves, ratifies, and confirms the Settlement Agreement, 

22 except to the extent it conflicts with the provisions of this 

23 Act, and consents to be made a party to the pending ac24 tion described in section 2(a)(2) for the purpose of enterVerDate Aug 31 2005 16:54 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1276.IH H1276

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1 ing the judgment and decree attached to the Settlement 

2 Agreement as Exhibit H. 

3 (b) AUTHORIZATION.—The Secretary is authorized 

4 and directed to execute, and take such other actions as 

5 are necessary to implement, the Settlement Agreement 

6 and any amendments approved by the parties necessary 

7 to make the Settlement Agreement consistent with this 

8 Act. 

9 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) RESTORATION FUND.—There is authorized 

11 $10,000,000 to be appropriated to the San Jacinto Basin 

12 Restoration Fund established in this Act to pay or reim13 burse costs associated with constructing, operating, and 

14 maintaining the portion of the basin recharge project, de15 scribed in Section 4.5 of the Settlement Agreement, nec16 essary to accommodate deliveries of the supplemental im17 ported water under Section 4.4 of the Settlement Agree18 ment. 

19 (b) DEVELOPMENT FUND.—There is authorized 

20 $11,000,000 to be appropriated to the Soboba Band of 

21 Luisen ̃o Indians Water Development Fund to pay or reim22 burse costs associated with constructing, operating, and 

23 maintaining water and sewage infrastructure, and other 

24 water-related development projects. 


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1 SEC. 6. RESTORATION FUND. 

2 (a) ESTABLISHMENT.—Thereis established within 

3 the Treasury of the United States a non-interest bearing 

4 account to be known as the ‘‘San Jacinto Basin Restora5 tion Fund’’, consisting of the amounts authorized to be 

6 appropriated in section 5(a). 

7 (b) ADMINISTRATION.—The Restoration Fund shall 

8 be administered by the Secretary for the purposes set 

9 forth in subsection (d). 

10 (c) AVAILABILITY.—The funds authorized to be ap11 propriated pursuant to section 5(a) shall be available for 

12 expenditure or withdrawal only after the requirements set 

13 forth in section 9(e) and subsection (d) of this section have 

14 been met. 

15 (d) EXPENDITURES AND WITHDRAWALS.— 

16 (1) EXPENDITURE PLAN.— 

17 (A) IN GENERAL.—Eastern Municipal 

18 Water District, on behalf of the Water Manage19 ment Plan, shall submit to the Secretary for ap20 proval an expenditure plan for use of the Res21 toration Fund. 

22 (B) REQUIREMENTS.—The expenditure 

23 plan shall require that any funds be expended 

24 or reimbursed in accordance with the purposes 

25 described in section 5(a). 


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1 (C) APPROVAL.—The Secretary shall ap2 prove the expenditure plan if it is reasonable 

3 and not inconsistent with this Act. 

4 (2) WITHDRAWALS.—On approval by the Sec5 retary of the expenditure plan described in this sec6 tion, the Eastern Municipal Water District, on be7 half of the Water Management Plan, may withdraw 

8 monies from the Restoration Fund as provided in 

9 the plan. 

10 (3) ENFORCEMENT.—The Secretary may take 

11 judicial or administrative action to enforce the provi12 sions of any expenditure plan to ensure that monies 

13 withdrawn from the Restoration Fund under the 

14 plan are used in accordance with this Act. 

15 (4) LIABILITY.—If the Eastern Municipal 

16 Water District, on behalf of the Water Management 

17 Plan, exercises the right to withdraw monies from 

18 the Restoration Fund, neither the Secretary nor the 

19 Secretary of the Treasury shall retain any liability 

20 for the expenditure or investment of the monies 

21 withdrawn. 

22 (5) ANNUAL REPORT.—Eastern Municipal 

23 Water District shall submit to the Tribe and the 

24 Secretary an annual report that describes all exVerDate Aug 31 2005 16:54 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1276.IH H1276

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1 penditures from the Restoration Fund during the 

2 year covered by the report. 

3 SEC. 7. DEVELOPMENT FUND. 

4 (a) ESTABLISHMENT.—There is established within 

5 the Treasury an interest bearing account to be known as 

6 the ‘‘Soboba Band of Luisen ̃o Indians Water Development 

7 Fund’’, to be managed and invested by the Secretary, con8 sisting of the amounts authorized to be appropriated in 

9 section 5(b). 

10 (b) MANAGEMENT.—The Secretary shall manage the 

11 Development Fund, make investments, and make monies 

12 available for distribution consistent with the American In13 dian Trust Fund Management Reform Act of 1994 (25 

14 U.S.C. 4001 et seq.) (referred to in this section as the 

15 ‘‘Trust Fund Reform Act’’), this Act, and the Settlement 

16 Agreement. 

17 (c) INVESTMENT.—The Secretary shall invest 

18 amounts in the Development Fund in accordance with— 

19 (1) the Act of April 1, 1880 (21 Stat. 70, ch. 

20 41, 25 U.S.C. 161); 

21 (2) the first section of the Act of June 24, 

22 1938 (52 Stat. 1037, ch. 648, 25 U.S.C. 162a); and 

23 (3) subsection (b). 

24 (d) AVAILABILITY.—The funds authorized to be ap25 propriated pursuant to section 5(b) shall be available for 


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1 expenditure or withdrawal only after the requirements set 

2 forth in section 9(e) and subsection (e) have been met. 

3 (e) EXPENDITURES AND WITHDRAWALS.— 

4 (1) TRIBAL MANAGEMENT PLAN.— 

5 (A) IN GENERAL.—The Tribe may with6 draw all or part of the Development Fund on 

7 approval by the Secretary of a tribal manage8 ment plan as described in the Trust Fund Re9 form Act. 

10 (B) REQUIREMENTS.—In addition to the 

11 requirements under the Trust Fund Reform 

12 Act, the tribal management plan shall require 

13 that any funds be expended or reimbursed in 

14 accordance with the purposes described in sec15 tion 5(b). 

16 (2) ENFORCEMENT.—The Secretary may take 

17 judicial or administrative action to enforce the provi18 sions of any tribal management plan to ensure that 

19 monies withdrawn from the Development Fund 

20 under the plan are used in accordance with this Act. 

21 (3) LIABILITY.—If the Tribe exercises the right 

22 to withdraw monies from the Development Fund, 

23 neither the Secretary nor the Secretary of the Treas24 ury shall retain any liability for the expenditure or 

25 investment of the monies withdrawn. 


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1 (4) ANNUAL REPORT.—The Tribe shall submit 

2 to the Secretary an annual report that describes all 

3 expenditures from the Development Fund during the 

4 year covered by the report. 

5 (5) NO PER CAPITA DISTRIBUTIONS.—No part 

6 of the Development Fund shall be distributed on a 

7 per capita basis to members of the Tribe. 

8 SEC. 8. WAIVERS AND RELEASES. 

9 (a) TRIBE AND UNITED STATES AUTHORIZATION.— 

10 The Tribe, on behalf of itself and its members, and the 

11 Secretary, on behalf of the United States in its capacity 

12 as trustee for the Tribe and its members, are authorized, 

13 as part of the performance of their obligations under the 

14 Settlement Agreement, to execute a waiver and release for 

15 claims under Federal, State, or other law against the Met16 ropolitan Water District of Southern California, the East17 ern Municipal Water District, and the Lake Hemet Munic18 ipal Water District, for any and all of the following: 

19 (1) Past, present, and future claims to surface 

20 and groundwater rights for the Reservation from 

21 time immemorial through the effective date de22 scribed in section 10 and anytime thereafter. 

23 (2) Past, present, and future claims for injury 

24 of any kind, whether to person, property, or other 

25 right or interest, arising from, or in any way related 


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1 to, interference with surface and groundwater rights 

2 and resources of the Reservation, including, but not 

3 limited to, all claims for injury to the Tribe’s use 

4 and enjoyment of the Reservation, economic develop5 ment, religion, language, social structure and cul6 ture, and injury to the natural resources of the Res7 ervation, from time immemorial through the effec8 tive date described in section 10. 

9 (3) Past, present, and future claims for injury 

10 of any kind, whether to person, property, or other 

11 right or interest, arising from, or in any way related 

12 to, continuing interference with surface and ground13 water rights and resources of the Reservation, in14 cluding the full scope of claims defined in Section 

15 5.1, paragraph A(2) of the Settlement Agreement, to 

16 the extent that such continuing interference began 

17 prior to the effective date described in section 10 of 

18 this Act, from time immemorial through the effective 

19 date described in section 10 of this Act and anytime 

20 thereafter. 

21 (4) Past, present, and future claims for injury 

22 of any kind, whether to person, property, or other 

23 right or interest, arising from, or in any way related 

24 to, seepage of water into the San Jacinto Tunnel, in25 cluding the full scope of claims defined in Section 


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1 5.1, paragraph A(2) of the Settlement Agreement, 

2 from time immemorial through the effective date de3 scribed in section 10 of this Act and anytime there4 after. 

5 (b) TRIBAL WAIVERS AGAINST THE UNITED

6 STATES.—The Tribe is authorized, as part of the perform7 ance of its obligations under the Settlement Agreement, 

8 to execute a waiver and release for claims against the 

9 United States (acting in its capacity as trustee for the 

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

11 Tribe or its members), including any agencies, officials, 

12 or employees thereof, for any and all of the following: 

13 (1) Claims described in subsection (a). 

14 (2) Past, present, and future claims for failure 

15 to acquire or develop water rights and resources of 

16 the Reservation from time immemorial through the 

17 effective date described in section 10 of this Act and 

18 anytime thereafter. 

19 (3) Past, present, and future claims for failure 

20 to protect water rights and resources of the Reserva21 tion from time immemorial through the effective 

22 date described in section 10 of this Act, and any 

23 past, present, and future claims for any continuing 

24 failure to protect water rights and resources of the 

25 Reservation, from time immemorial through the efVerDate Aug 31 2005 16:54 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H1276.IH H1276

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1 fective date described in section 10 of this Act and, 

2 to the extent that such continuing failure to protect 

3 began before the effective date described in section 

4 10 of this Act, anytime thereafter. 

5 (4) Past, present, and future claims arising 

6 from the failure of any non-federal Party to fulfill 

7 the terms of the Settlement Agreement at anytime. 

8 (5) Past, present, and future claims arising out 

9 of the negotiation of the Settlement Agreement or 

10 the negotiation and enactment of this Act, or any 

11 specific terms or provisions thereof, including, but 

12 not limited to, the Tribe’s consent to limit the num13 ber of participant parties to the Settlement Agree14 ment. 

15 SEC. 9. MISCELLANEOUS PROVISIONS. 

16 (a) WAIVER OF SOVEREIGN IMMUNITY.—If any party 

17 to the Settlement Agreement brings an action or other 

18 proceeding in any court of the United States relating only 

19 and directly to the interpretation or enforcement of this 

20 Act or the Settlement Agreement and names the United 

21 States or the Soboba Tribe as a party— 

22 (1) the United States, the Tribe, or both, may 

23 be joined in any such action; and 

24 (2) any claim by the United States or the Tribe 

25 to sovereign immunity from the action is waived, 


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1 other than with respect to claims for monetary 

2 awards, for the limited and sole purpose of such in3 terpretation or enforcement. 

4 (b) TRIBAL USE OF WATER.— 

5 (1) IN GENERAL.—With respect to water rights 

6 made available under the Settlement Agreement— 

7 (A) the Tribe may use water made avail8 able to it under the Settlement Agreement for 

9 any use it deems advisable on the Reservation 

10 and on any other lands it owns or may acquire, 

11 in fee or in trust, contiguous to the Reservation 

12 or within the area of the groundwater basin de13 scribed in Section 2.4 of the Settlement Agree14 ment; 

15 (B) such water rights shall be held in trust 

16 by the United States in perpetuity, and shall 

17 not be subject to forfeiture or abandonment; 

18 and 

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

20 use of water made available to it under the Set21 tlement Agreement. 

22 (2) LIMITATION.— 

23 (A) IN GENERAL.—Except as provided in 

24 subparagraph (B), the Tribe shall not sell or 


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1 lease water made available to it under the Set2 tlement Agreement. 

3 (B) EXCEPTION.—The Tribe may enter 

4 into contracts and options to lease, contracts 

5 and options to exchange, or contracts and op6 tions to forbear the use of water made available 

7 to it under the Settlement Agreement or post8 pone undertaking new or expanded water uses, 

9 provided that any such contract or option for a 

10 term greater than five years shall require the 

11 approval of the Secretary. Any such water 

12 thereby made available to others shall only be 

13 used by participants in, or other users within 

14 the area of, the Water Management Plan de15 scribed in Section 2.32 of the Settlement Agree16 ment. No contract shall be for a term exceeding 

17 100 years, nor shall any contract provide for 

18 permanent alienation of any portion of the 

19 water rights made available under the Settle20 ment Agreement. 

21 (c) ACCEPTANCE OF LAND INTO TRUST.—The Sec22 retary shall accept into trust for the benefit of the Tribe 

23 the lands conveyed to the Tribe pursuant to Section 4.6 

24 of the Settlement Agreement. 


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1 (d) HABITAT CONSERVATION.—The United States, 

2 in its capacity as trustee for the Tribe, and the Tribe in 

3 its own right shall make available, including, if necessary, 

4 by conveyance of a permanent easement to the United 

5 States Fish and Wildlife Service or other agency of the 

6 United States, up to 98 acres of Reservation land for habi7 tat conservation related to the portion of the basin re8 charge project necessary to accommodate deliveries of the 

9 supplemental imported water described in Section 4.4 of 

10 the Settlement Agreement. 

11 (e) AVAILABILITY OF APPROPRIATIONS.—The funds 

12 authorized to be appropriated under section 5 of this Act 

13 shall not be available for expenditure or withdrawal until 

14 the requirements of section 10(a) of this Act have been 

15 met and the waivers and releases set out in section 8 of 

16 this Act become effective. 

17 (f) RETENTION OF RIGHTS.—In the event the waiv18 ers and releases set out in section 8 of this Act do not 

19 become effective pursuant to section 10(a) of this Act, the 

20 Soboba Tribe and the United States shall retain the right 

21 to assert all rights and claims enumerated in section 8, 

22 and any claims or defenses of the parties to the Settlement 

23 Agreement shall also be retained. The parties expressly re24 serve all rights not specifically granted, recognized, 


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1 waived, or released by the Settlement Agreement or this 

2 Act. 

3 (g) PRECEDENT.—Nothing in this Act shall be con4 strued or interpreted as a precedent for the quantification 

5 or litigation of Federal reserved water rights or the inter6 pretation or administration of future water settlement 

7 Acts. 

8 (h) OTHER INDIAN TRIBES.—Nothing in the Settle9 ment Agreement or this Act shall be construed in any way 

10 to quantify or otherwise adversely affect the water rights, 

11 claims, or entitlements to water of any Indian tribe, band, 

12 or community, other than the Tribe. 

13 (i) ENVIRONMENTAL COMPLIANCE.—Signing by the 

14 Secretary of the Settlement Agreement does not constitute 

15 major Federal action under the National Environmental 

16 Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Sec17 retary shall comply with all aspects of the National Envi18 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

19 and other applicable environmental laws, in implementing 

20 the terms of the Settlement Agreement and this Act. 

21 SEC. 10. EFFECTIVE DATE. 

22 (a) IN GENERAL.—The waiver and release authoriza23 tions contained in subsections (b) and (c) of section 8 shall 

24 become effective on the date that the Secretary causes to 


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1 be published in the Federal Register a statement of find2 ings that— 

3 (1) to the extent that the Settlement Agreement 

4 conflicts with this Act, the Settlement Agreement 

5 has been revised to conform with the Act; 

6 (2) the Settlement Agreement, revised as nec7 essary, and the waivers and releases described in Ar8 ticle 5 of the Settlement Agreement and section 8 of 

9 this Act have been executed by the parties and the 

10 Secretary; 

11 (3) warranty deeds for the property to be con12 veyed to the Tribe described in section 4.6 of the 

13 Settlement Agreement have been placed in escrow; 

14 (4) the Tribe and the Secretary have approved 

15 the Water Management Plan; 

16 (5) the judgment and decree attached to the 

17 Settlement Agreement as Exhibit H has been ap18 proved by the United States District Court, Eastern 

19 Division of the Central District of California, and 

20 that judgment and decree have become final and 

21 nonappealable; and 

22 (6) the payment of the funds authorized by sec23 tion 5 of this Act have been appropriated and depos24 ited into the Restoration Fund and the Development 

25 Fund. 


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1 (b) DEADLINE FOR EFFECTIVE DATE.—If the condi2 tions precedent required under paragraph (a) have not 

3 been fulfilled by December 31, 2008, the Settlement 

4 Agreement and this Act shall not thereafter be effective 

5 and shall be null and void, any funds and the interest ac6 crued thereon appropriated pursuant to section 5 shall re7 vert to the general fund of the United States Treasury 

8 on October 1, 2009. 

Æ 


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