II 

111TH CONGRESS 

2D SESSION S. 2956 

To authorize the Pechanga Band of Luiseno Mission Indians Water Rights 

Settlement, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 26, 2010 

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

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

A BILL 

To authorize the Pechanga Band of Luiseno Mission Indians 

Water Rights Settlement, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 ‘‘Pechanga Band of Luisen ̃o Mission Indians Water 

6 Rights Settlement Act’’. 

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

8 this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Purposes. 

Sec. 3. Definitions. 

Sec. 4. Approval of the pechanga settlement agreement. 

Sec. 5. Tribal Water Right. 


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Sec. 6. Satisfaction of claims. 

Sec. 7. Waiver of claims. 

Sec. 8. Water facilities. 

Sec. 9. Pechanga Settlement Fund. 

Sec. 10. Miscellaneous provisions. 

Sec. 11. Authorization of appropriations. 

Sec. 12. Repeal on failure of enforceability date. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

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

5 injuries to water rights in the Santa Margarita 

6 River Watershed for— 

7 (A) the Band; and 

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

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

12 United States; 

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

14 Pechanga Settlement Agreement to be entered into 

15 by the Band, RCWD, EMWD, and the United 

16 States; 

17 (4) to authorize and direct the Secretary— 

18 (A) to execute the Pechanga Settlement 

19 Agreement; and 

20 (B) to take any other action necessary to 

21 carry out the Pechanga Settlement Agreement 

22 in accordance with this Act; and 


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1 (5) to authorize the appropriation of funds nec2 essary for the implementation of the Pechanga Set3 tlement Agreement and this Act. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

6 (1) ADJUDICATION COURT.—The term ‘‘Adju7 dication Court’’ means the U.S. District Court for 

8 the Southern District of California exercising con9 tinuing jurisdiction over the Adjudication Pro10 ceeding. 

11 (2) ADJUDICATION PROCEEDING.—The term 

12 ‘‘Adjudication Proceeding’’ means litigation initiated 

13 by the United States regarding relative water rights 

14 in the Santa Margarita River Watershed in United 

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

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

18 water rights in the Santa Margarita River Water19 shed pursuant to the Adjudication Court’s con20 tinuing jurisdiction over the Fallbrook Decree. 

21 (3) AFY.—The term ‘‘AFY’’ means acre-feet 

22 per year. 

23 (4) ALLOTTEE.—The term ‘‘allottee’’ means a 

24 person who holds a beneficial real property interest 

25 in an Indian allotment that is— 


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1 (A) located within the Reservation; and 

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

3 (5) BAND.—The term ‘‘Band’’ means the sov4 ereign government of the Pechanga Band of Luisen ̃o 

5 Mission Indians, which is organized under section 16 

6 of the Act of June 18, 1934 (25 U.S.C. 476), acting 

7 on behalf of itself and its members. 

8 (6) BRINE DISPOSAL FACILITY NOTICE.—The 

9 term ‘‘Brine Disposal Facility Notice’’ has the 

10 meaning set forth in section 5 of the Recycled Water 

11 Infrastructure Agreement. 

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

13 claims, demands, actions, compensation or causes of 

14 action whether known or unknown as of the date of 

15 the Pechanga Settlement Agreement. 

16 (8) DEMINERALIZATION AND BRINE DISPOSAL

17 PROJECT.—The term ‘‘Demineralization and Brine 

18 Disposal Project’’ has the meaning set forth in sec19 tion 1 of the Recycled Water Infrastructure Agree20 ment. 

21 (9) EMWD.—The term ‘‘EMWD’’ means East22 ern Municipal Water District, a municipal water dis23 trict organized and existing in accordance with the 

24 Municipal Water District Law of 1911, Division 20 


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

2 amended. 

3 (10) EMWD CONNECTION FEE.—The term 

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

5 in section 2.3(b) of the Extension of Service Area 

6 Agreement. 

7 (11) ENFORCEABILITY DATE.—The term ‘‘en8 forceability date’’ means the date on which the Sec9 retary publishes in the Federal Register the state10 ment of findings described in section 7(f). 

11 (12) ESAA CAPACITY AGREEMENT.—The term 

12 ‘‘ESAA Capacity Agreement’’ means the ‘‘Agree13 ment to Provide Capacity for Delivery of ESAA 

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

15 States. 

16 (13) ESAA WATER.—The term ‘‘ESAA Water’’ 

17 means imported potable water that the Band re18 ceives from EMWD and MWD pursuant to the Ex19 tension of Service Area Agreement. 

20 (14) EXTENSION OF SERVICE AREA AGREE21 MENT.—The term ‘‘Extension of Service Area 

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

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

24 the United States and MWD for purposes of provi25 sion of water service by EMWD to a designated porVerDate Nov 24 2008 04:09 Jan 27, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2956.IS S2956

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1 tion of the Reservation using water supplied by 

2 MWD. 

3 (15) FALLBROOK DECREE.—The term 

4 ‘‘Fallbrook Decree’’ means the ‘‘Modified Final 

5 Judgment And Decree’’, entered in the Adjudication 

6 Proceeding on April 6, 1966. The term ‘‘Fallbrook 

7 Decree’’ includes all court orders, interlocutory judg8 ments and decisions supplemental to the ‘‘Modified 

9 Final Judgment And Decree’’, including Interlocu10 tory Judgment No. 30, Interlocutory Judgment No. 

11 35, and Interlocutory Judgment No. 41. 

12 (16) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

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

14 Indian Self-Determination and Education Assistance 

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

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

17 ‘‘Injury to Water Rights’’ means an interference 

18 with, diminution of, or deprivation of water rights 

19 under Federal or State law. 

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

21 Capacity’’ has the meaning set forth in section 1 of 

22 the ESAA Capacity Agreement. 

23 (19) INTERIM CAPACITY NOTICE.—The term 

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


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1 forth in section 4(b) of the ESAA Capacity Agree2 ment. 

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

4 Metropolitan Water District of Southern California, 

5 a metropolitan water district organized and incor6 porated under the Metropolitan Water District Act 

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

8 as amended). 

9 (21) MWD CONNECTION FEE.—The term 

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

11 in section 2.3(a) of the Extension of Service Area 

12 Agreement. 

13 (22) PECHANGA ESAA DELIVERY CAPACITY AC14 COUNT.—The term ‘‘Pechanga ESAA Delivery Ca15 pacity Account’’ means the fund authorized by sec16 tion 11(a)(2) of this Act. 

17 (23) PECHANGA RECYCLED WATER INFRA18 STRUCTURE ACCOUNT.—The term ‘‘Pechanga Recy19 cled Water Infrastructure Account’’ means the fund 

20 authorized by section 11(a)(1) of this Act. 

21 (24) PECHANGA SETTLEMENT AGREEMENT.— 

22 The term ‘‘Pechanga Settlement Agreement’’ means 

23 that agreement, together with the exhibits thereto. 

24 The parties to the Pechanga Settlement Agreement 

25 are the Band, the United States on behalf of the 


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1 Band, its members and allottees, RCWD and 

2 EMWD. 

3 (25) PECHANGA SETTLEMENT FUND.—The 

4 term ‘‘Pechanga Settlement Fund’’ means the fund 

5 authorized by section 9 of this Act. 

6 (26) PECHANGA WATER CODE.—The term 

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

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

9 (27) PECHANGA WATER FUND ACCOUNT.—The 

10 term ‘‘Pechanga Water Fund Account’’ means the 

11 fund authorized by section 11(a)(3) of this Act. 

12 (28) PERMANENT CAPACITY.—The term ‘‘Per13 manent Capacity’’ has the meaning set forth in sec14 tion 1 of the ESAA Capacity Agreement. 

15 (29) PERMANENT CAPACITY NOTICE.—The 

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

17 set forth in section 5(b) of the ESAA Capacity 

18 Agreement. 

19 (30) RCWD.—The term ‘‘RCWD’’ means the 

20 California water district organized pursuant to Cali21 fornia Water code section 34000 et seq. and includes 

22 all real property owners for whom RCWD acts as an 

23 agent pursuant to an agency agreement. 

24 (31) RECYCLED WATER INFRASTRUCTURE

25 AGREEMENT.—The term ‘‘Recycled Water InfraVerDate Nov 24 2008 22:04 Jan 27, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2956.IS S2956

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1 structure Agreement’’ means the ‘‘Agreement for 

2 Recycled Water Infrastructure’’ among the Band, 

3 RCWD, and the United States. 

4 (32) RECYCLED WATER TRANSFER AGREE5 MENT.—The term ‘‘Recycled Water Transfer Agree6 ment’’ means the ‘‘Recycled Water Transfer Agree7 ment’’ between the Band and RCWD. 

8 (33) RESERVATION.—The term ‘‘Reservation’’ 

9 means land depicted on the map attached to the 

10 Pechanga Settlement Agreement as exhibit I. The 

11 term ‘‘Reservation’’ is solely for the purposes of the 

12 Pechanga Settlement Agreement only, and not for 

13 any of the exhibits, and shall not be used for any 

14 other purpose. 

15 (34) SANTA MARGARITA RIVER WATERSHED.— 

16 The ‘‘Santa Margarita River Watershed’’ means the 

17 watershed that is the subject of the Adjudication 

18 Proceeding and the Fallbrook Decree. 

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

20 means the Secretary of the United States Depart21 ment of the Interior. 

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

23 State of California. 


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

2 Pond’’ has the meaning set forth in section 1 of the 

3 Recycled Water Infrastructure Agreement. 

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

5 Water Right’’ means the water rights ratified, con6 firmed and declared to be valid for the benefit of the 

7 Band and allottees as specifically set forth and de8 scribed in section 5 of the Act. 

9 SEC. 4. APPROVAL OF THE PECHANGA SETTLEMENT 

10 AGREEMENT. 

11 (a) IN GENERAL.—Except as modified by this Act, 

12 and to the extent the Pechanga Settlement Agreement 

13 does not conflict with this Act, the Pechanga Settlement 

14 Agreement is authorized, ratified, and confirmed. To the 

15 extent amendments are executed to make the Pechanga 

16 Settlement Agreement consistent with this Act, such 

17 amendments are also authorized, ratified, and confirmed. 

18 (b) EXECUTION OF PECHANGA SETTLEMENT AGREE19 MENT.—To the extent that the Pechanga Settlement 

20 Agreement does not conflict with this Act, the Secretary 

21 is directed to and shall promptly execute the Pechanga 

22 Settlement Agreement, including all exhibits to or parts 

23 of the Pechanga Settlement Agreement requiring the sig24 nature of the Secretary. Nothing herein precludes the Sec25 retary from approving modifications to exhibits to the 


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1 Pechanga Settlement Agreement not inconsistent with this 

2 Act, to the extent such modifications do not otherwise re3 quire Congressional approval pursuant to the Trade and 

4 Intercourse Act, 25 U.S.C. 177, or pursuant to other Fed5 eral statute. 

6 (c) EXECUTION OF EXTENSION OF SERVICE AREA

7 AGREEMENT, RECYCLED WATER INFRASTRUCTURE

8 AGREEMENT AND ESAA CAPACITY AGREEMENT.—The 

9 Secretary shall execute the Extension of Service Area 

10 Agreement, the Recycled Water Infrastructure Agreement 

11 and the ESAA Capacity Agreement within 60 days of the 

12 enactment of this Act. Such agreements shall be effective 

13 and enforceable as between the parties to such agree14 ments, except the United States, as from the date all par15 ties thereto have executed such agreements. Such agree16 ments shall be enforceable as to the United States only 

17 as from the enforceability date. 

18 (d) NATIONAL ENVIRONMENTAL POLICY ACT OF

19 1969.— 

20 (1) ENVIRONMENTAL COMPLIANCE.—In imple21 menting the Pechanga Settlement Agreement, the 

22 Secretary shall promptly comply with all applicable 

23 aspects of the National Environmental Policy Act of 

24 1969 (42 U.S.C. 4321 et seq.), the Endangered SpeVerDate Nov 24 2008 04:09 Jan 27, 2010 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2956.IS S2956

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1 cies Act of 1973 (16 U.S.C. 1531 et seq.), and all 

2 other applicable environmental Acts and regulations. 

3 (2) EXECUTION OF THE PECHANGA SETTLE4 MENT AGREEMENT.—Execution of the Pechanga 

5 Settlement Agreement by the Secretary under this 

6 section shall not constitute a major Federal action 

7 under the National Environmental Policy Act of 

8 1969 (42 U.S.C. 4321 et seq.). The Secretary is di9 rected to carry out all Federal compliance necessary 

10 to implement the Pechanga Settlement Agreement. 

11 (3) LEAD AGENCY.—The Bureau of Reclama12 tion shall be designated as the lead agency with re13 spect to environmental compliance. 

14 SEC. 5. TRIBAL WATER RIGHT. 

15 (a) INTENT OF CONGRESS.—It is the intent of Con16 gress to provide to each allottee benefits that are equiva17 lent to or exceed the benefits allottees currently possess, 

18 taking into consideration— 

19 (1) the potential risks, cost, and time delay as20 sociated with litigation that would be resolved by the 

21 Pechanga Settlement Agreement and this Act; 

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

23 (3) the availability of water from the Tribal 

24 Water Right and other water sources as set forth in 

25 the Pechanga Settlement Agreement; and 


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

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

3 protect the interests of allottees. 

4 (b) CONFIRMATION OF TRIBAL WATER RIGHT.— 

5 (1) IN GENERAL.—The Tribal Water Right is 

6 ratified, confirmed, and declared to be valid. 

7 (2) CHARACTERISTICS OF TRIBAL WATER

8 RIGHT.—The Tribal Water Right shall be equal to 

9 4,994 AFY of water that is subject to the jurisdic10 tion of the Adjudication Court. The priority date for 

11 3,019 AFY of the Tribal Water Right shall be June 

12 27, 1882. The priority date for 182 AFY of the 

13 Tribal Water Right shall be August 29, 1893. The 

14 priority date for 729 AFY of the Tribal Water Right 

15 shall be January 9, 1907. The priority date for 563 

16 AFY of the Tribal Water Right shall be March 11, 

17 1907. The priority date for 501 AFY of the Tribal 

18 Water Right shall be May 25, 1931. 

19 (3) USE.—Subject to the terms of the 

20 Pechanga Settlement Agreement, this Act and the 

21 Fallbrook Decree, the Band may use the Tribal 

22 Water Right for any purpose on the Reservation. 

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

24 shall be held in trust by the United States for the use 


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1 and benefit of the Band, and the allottees in accordance 

2 with this section. 

3 (d) ALLOTTEES.—As specified in and provided for in 

4 this Act: 

5 (1) APPLICABILITY OF ACT OF FEBRUARY 8, 

6 1887.—The provisions of section 7 of the Act of Feb7 ruary 8, 1887 (25 U.S.C. 381), relating to the use 

8 of water for irrigation purposes shall apply to the 

9 Tribal Water Right. 

10 (2) ENTITLEMENT TO WATER.—Any entitle11 ment to water of an allottee under Federal law for 

12 such allottee’s allotment shall be satisfied by the 

13 Band and no allottee shall have any additional enti14 tlement to water except as set forth in the Pechanga 

15 Settlement Agreement and this Act. 

16 (3) EXHAUSTION OF REMEDIES.—Before as17 serting any claim against the United States under 

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

19 381), or any other applicable law, an allottee shall 

20 exhaust remedies available under the Pechanga 

21 Water Code or other applicable tribal law. 

22 (4) CLAIMS.—Following exhaustion of remedies 

23 available under the Pechanga Water Code or other 

24 applicable tribal law, an allottee may seek relief 


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

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

3 (5) AUTHORITY.—The Secretary shall have the 

4 authority to protect allottees’ rights as specified in 

5 this section. 

6 (e) AUTHORITY OF BAND.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), the Band shall have authority to use, al9 locate, distribute, and lease the Tribal Water 

10 Right— 

11 (A) in accordance with the Pechanga Set12 tlement Agreement; and 

13 (B) subject to approval of the Secretary of 

14 the Pechanga Water Code under section 5(f). 

15 (2) LEASES BY ALLOTTEES.—Notwithstanding 

16 paragraph (1), an allottee may lease any interest in 

17 land held by the allottee, together with any water 

18 right determined to be appurtenant to the interest in 

19 land. 

20 (f) PECHANGA WATER CODE.— 

21 (1) IN GENERAL.—No later than eighteen (18) 

22 months following the enforceability date, the Band 

23 shall enact a Pechanga Water Code, that provides 

24 for— 


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1 (A) the management, regulation and gov2 ernance of all uses of the Tribal Water Right 

3 in accordance with the Pechanga Settlement 

4 Agreement; and 

5 (B) establishment by the Band of condi6 tions, permit requirements, and other limita7 tions relating to the storage, recovery, and use 

8 of the Tribal Water Right in accordance with 

9 the Pechanga Settlement Agreement. 

10 (2) INCLUSIONS.—Subject to the approval of 

11 the Secretary, the Pechanga Water Code shall pro12 vide that— 

13 (A) tribal allocations of water to allottees 

14 shall be satisfied with water from the Tribal 

15 Water Right; 

16 (B) charges for delivery of water for irriga17 tion purposes for allottees shall be assessed in 

18 accordance with section 7 of the Act of Feb19 ruary 8, 1887 (25 U.S.C. 381); 

20 (C) there is a process by which an allottee 

21 may request that the Band provide water for ir22 rigation use in accordance with this Act; 

23 (D) there is a due process system for the 

24 consideration and determination by the Band of 

25 any request by an allottee, or any successor in 


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1 interest to an allottee, for an allocation of such 

2 water for irrigation purposes on allotted land, 

3 including a process for— 

4 (i) appeal and adjudication of any de5 nied or disputed distribution of water; and 

6 (ii) resolution of any contested admin7 istrative decision; and 

8 (E) there is a requirement that any allot9 tee with a claim relating to the enforcement of 

10 rights of the allottee under the Pechanga Water 

11 Code or relating to the amount of water allo12 cated to land of the allottee must first exhaust 

13 remedies available to the allottee under tribal 

14 law and the Pechanga Water Code before initi15 ating an action against the United States or pe16 titioning the Secretary pursuant to subsection 

17 (d)(4). 

18 (3) ACTION BY SECRETARY.— 

19 (A) IN GENERAL.—The Secretary shall ad20 minister the Tribal Water Right until the 

21 Pechanga Water Code is enacted in accordance 

22 with paragraph (1) and those provisions requir23 ing approval pursuant to paragraph (2). 

24 (B) APPROVAL.—The Pechanga Water 

25 Code shall not be valid unless— 


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1 (i) the provisions of the Pechanga 

2 Water Code required by paragraph (2) are 

3 approved by the Secretary; and 

4 (ii) each amendment to the Pechanga 

5 Water Code that affects a right of an allot6 tee is approved by the Secretary. 

7 (C) APPROVAL PERIOD.— 

8 (i) IN GENERAL.—Except as provided 

9 by clause (ii), if the Secretary does not ap10 prove or disapprove the Pechanga Water 

11 Code before the date that is 180 days after 

12 the date on which the Pechanga Water 

13 Code is submitted to the Secretary for ap14 proval, the Pechanga Water Code shall be 

15 considered to have been approved by the 

16 Secretary to the extent that it is not incon17 sistent with the Pechanga Settlement 

18 Agreement or this Act. 

19 (ii) MUTUAL EXTENSION OF AP20 PROVAL PERIOD.—The Pechanga Water 

21 Code may not be considered to have been 

22 approved by the Secretary under clause (i) 

23 if the Secretary and the Band agree to ex24 tend the approval period. 


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1 (g) EFFECT.—Except as otherwise specifically pro2 vided in this section, nothing in this Act— 

3 (1) authorizes any action by an allottee against 

4 any individual or entity, or against the Band, under 

5 Federal, State, tribal, or local law; or 

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

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

8 States Code. 

9 SEC. 6. SATISFACTION OF CLAIMS. 

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

11 and the allottees under the Pechanga Settlement Agree12 ment and this Act shall satisfy all claims of the Band and 

13 the allottees waived pursuant to section 7. 

14 (b) NO RECOGNITION OF WATER RIGHTS.—Notwith15 standing subsection (a) and except as provided in section 

16 5(d), nothing in this Act recognizes or establishes any 

17 right of a member of the Band or an allottee to water 

18 within the Reservation. 

19 SEC. 7. WAIVER OF CLAIMS. 

20 (a) IN GENERAL.— 

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

22 UNITED STATES.— 

23 (A) Subject to the retention of rights set 

24 forth in subsection (c), notwithstanding any 

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1 tlement Agreement, and in return for the ratifi2 cation, confirmation and declaration to be valid 

3 of the Tribal Water Right and other benefits, 

4 including the commitments by RCWD and 

5 EMWD as set forth in the Pechanga Settlement 

6 Agreement and this Act, the Band, and the 

7 United States on behalf of the Band and 

8 allottees waive any and all of the following 

9 claims— 

10 (i) claims for water rights in the 

11 Santa Margarita River Watershed for 

12 lands located within the Reservation aris13 ing from time immemorial and, thereafter, 

14 forever; and 

15 (ii) claims for water rights in the 

16 Santa Margarita River Watershed that are 

17 based on aboriginal occupancy for lands 

18 overlying the Santa Margarita River Wa19 tershed arising from time immemorial and, 

20 thereafter, forever. 

21 (B) Subject to the retention of rights set 

22 forth in subsection (c), notwithstanding any 

23 provisions to the contrary in the Pechanga Set24 tlement Agreement, and in return for the ratifi25 cation, confirmation and declaration to be valid 


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1 of the Tribal Water Right and other benefits, 

2 including the commitments by RCWD and 

3 EMWD as set forth in the Pechanga Settlement 

4 Agreement and this Act, the Band and the 

5 United States on behalf of the Band and 

6 allottees fully release, acquit and discharge 

7 RCWD and EMWD from the following 

8 claims— 

9 (i) claims for Injuries to Water Rights 

10 in the Santa Margarita River Watershed 

11 for lands located within the Reservation 

12 arising or occurring at any time up to and 

13 including June 30, 2009; 

14 (ii) claims for Injuries to Water 

15 Rights in the Santa Margarita River Wa16 tershed for lands located within the Res17 ervation arising or occurring at any time 

18 after June 30, 2009, resulting from the di19 version or use of water in a manner not in 

20 violation of the Pechanga Settlement 

21 Agreement or this Act; 

22 (iii) claims for subsidence damage to 

23 land located within the Reservation arising 

24 or occurring at any time up to and includ25 ing June 30, 2009; 


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1 (iv) claims for subsidence damage 

2 arising or occurring after June 30, 2009, 

3 to lands located within the Reservation re4 sulting from the diversion of underground 

5 water in a manner not in violation of the 

6 Pechanga Settlement Agreement or this 

7 Act; and 

8 (v) claims arising out of or relating in 

9 any manner to the negotiation or execution 

10 of the Pechanga Settlement Agreement or 

11 the negotiation or execution of this Act. 

12 (2) CLAIMS BY THE UNITED STATES AGAINST

13 THE BAND.—Subject to the retention of rights set 

14 forth in subsection (c), to the extent consistent with 

15 this Act, the United States, in all its capacities (ex16 cept as trustee for an Indian tribe other than the 

17 Band), as part of the performance of obligations 

18 under the Pechanga Settlement Agreement, is au19 thorized to execute a waiver and release of any and 

20 all claims against the Band, or any agency, official, 

21 or employee of the Band, under Federal, State, or 

22 any other law for— 

23 (A) claims for Injuries to Water Rights in 

24 the Santa Margarita River Watershed for lands 

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1 ring at any time up to and including June 30, 

2 2009; 

3 (B) claims for Injuries to Water Rights in 

4 the Santa Margarita River Watershed for lands 

5 located within the Reservation arising or occur6 ring at any time after June 30, 2009, resulting 

7 from the diversion or use of water in a manner 

8 not in violation this Agreement or the Act; 

9 (C) claims for subsidence damage to land 

10 located within the Reservation arising or occur11 ring at any time up to and including June 30, 

12 2009; 

13 (D) claims for subsidence damage arising 

14 or occurring after June 30, 2009, to lands lo15 cated within the Reservation resulting from the 

16 diversion of underground water in a manner not 

17 in violation of this Agreement or the Act; and 

18 (E) claims arising out of or relating in any 

19 manner to the negotiation or execution of this 

20 Agreement or the negotiation or execution of 

21 the Act. 

22 (3) CLAIMS BY THE BAND AGAINST THE

23 UNITED STATES.—Subject to the retention of rights 

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


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1 itself and its members, is authorized to execute a 

2 waiver and release of— 

3 (A) all claims against the United States, 

4 its agencies, or employees relating to claims for 

5 water rights in or water of the Santa Margarita 

6 River Watershed or any other river systems 

7 outside of the Santa Margarita River Water8 shed that the United States acting in its capac9 ity as trustee for the Band asserted, or could 

10 have asserted, in any proceeding, including but 

11 not limited to the Adjudication Proceeding; 

12 (B) all claims against the United States, 

13 its agencies, or employees relating to damages, 

14 losses, or injuries to water, water rights, land, 

15 or natural resources due to loss of water or 

16 water rights (including but not limited to dam17 ages, losses or injuries to hunting, fishing, 

18 gathering or cultural rights due to loss of water 

19 or water rights; claims relating to interference 

20 with, diversion or taking of water or water 

21 rights; or claims relating to failure to protect, 

22 acquire, replace, or develop water, water rights 

23 or water infrastructure) in the Santa Margarita 

24 River Watershed that first accrued at any time 

25 up to and including June 30, 2009; 


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1 (C) all claims against the United States, 

2 its agencies, or employees encompassed within 

3 the case Pechanga Band of Luisen ̃o Indians v. 

4 Salazar, Civ. No. 1:06–cv–02206 (D.D.C); 

5 (D) all claims against the United States, 

6 its agencies, or employees relating to the pend7 ing litigation of claims relating to the Band’s 

8 water rights in the Adjudication Proceeding; 

9 and 

10 (E) all claims against the United States, 

11 its agencies, or employees relating to the nego12 tiation, execution or the adoption of the 

13 Pechanga Settlement Agreement, exhibits there14 to, or this Act. 

15 (b) EFFECTIVENESS OF WAIVERS AND RELEASES.— 

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

17 enforceability date. 

18 (c) RESERVATION OF RIGHTS AND RETENTION OF

19 CLAIMS.—Notwithstanding the waivers and releases au20 thorized in this Act, the Band on behalf of itself and its 

21 members and the United States acting in its capacity as 

22 trustee for the Band retain— 

23 (1) claims for enforcement of the Pechanga Set24 tlement Agreement and this Act; 


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1 (2) claims against persons other than RCWD 

2 and EMWD; 

3 (3) claims for water rights that are outside the 

4 jurisdiction of the Adjudication Court; 

5 (4) claims for water rights for lands within the 

6 Santa Margarita River Watershed that are outside 

7 the Reservation; provided, however, that such claims 

8 are for water rights consistent with water rights rec9 ognized for such lands in the Fallbrook Decree; 

10 (5) rights to use and protect water rights ac11 quired on or after the enforceability date; and 

12 (6) remedies, privileges, immunities, powers and 

13 claims, including claims for water rights, not specifi14 cally waived and released pursuant to this Act and 

15 the Pechanga Settlement Agreement. 

16 (d) EFFECT OF PECHANGA SETTLEMENT AGREE17 MENT AND ACT.—Nothing in the Pechanga Settlement 

18 Agreement or this Act— 

19 (1) affects the ability of the United States act20 ing in its sovereign capacity to take actions author21 ized by law, including but not limited to any laws re22 lating to health, safety, or the environment, includ23 ing but not limited to the Clean Water Act, the Safe 

24 Drinking Water Act, the Comprehensive Environ25 mental Response, Compensation, and Liability Act, 


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1 Resource Conservation and Recovery Act, and the 

2 regulations implementing such Acts; 

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

4 take actions acting in its capacity as trustee for any 

5 other Indian tribe or allottee; 

6 (3) confers jurisdiction on any State court to— 

7 (A) interpret Federal law regarding health, 

8 safety, or the environment or determine the du9 ties of the United States or other parties pursu10 ant to such Federal law; or 

11 (B) conduct judicial review of Federal 

12 agency action; or 

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

14 in an individual capacity that does not derive from 

15 a right of the Band. 

16 (e) TOLLING OF CLAIMS.— 

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

18 limitation and time-based equitable defense relating 

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

20 the period beginning on the date of enactment of 

21 this Act and ending on the earlier of— 

22 (A) December 31, 2015; or 

23 (B) the enforceability date. 

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

25 subsection revives any claim or tolls any period of 


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1 limitation or time-based equitable defense that ex2 pired before the date of enactment of this Act. 

3 (3) LIMITATION.—Nothing in this section pre4 cludes the tolling of any period of limitations or any 

5 time-based equitable defense under any other appli6 cable law. 

7 (f) ENFORCEABILITY DATE.—The enforceability date 

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

9 Federal Register a statement of findings that— 

10 (1) the Pechanga Settlement Agreement has 

11 been approved by the Adjudication Court; 

12 (2) all funds authorized by this Act for such 

13 purpose have been deposited in the Pechanga Settle14 ment Fund; 

15 (3) the waivers and releases authorized in sub16 section (a) have been executed by the Band and the 

17 Secretary; and 

18 (4) the Extension of Service Area Agreement 

19 has been approved and executed by all parties there20 to and is effective and enforceable in accordance 

21 with its terms. 

22 SEC. 8. WATER FACILITIES. 

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

24 availability of appropriations, using funds from the des25 ignated accounts of the Pechanga Settlement Fund, proVerDate Nov 24 2008 04:09 Jan 27, 2010 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S2956.IS S2956

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1 vide the funds necessary to fulfill the Band’s obligations 

2 under the Recycled Water Infrastructure Agreement and 

3 the ESAA Capacity Agreement, in an amount not to ex4 ceed the amounts deposited in the designated accounts for 

5 such purposes, in accordance with this Act and the terms 

6 and conditions of such agreements. 

7 (b) NON-REIMBURSABILITY.—The funds provided by 

8 the Secretary pursuant to subsection (a) shall be non-re9 imbursable. 

10 (c) RECYCLED WATER INFRASTRUCTURE.— 

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

12 funds from the Pechanga Recycled Water Infra13 structure Account, provide funds for the Storage 

14 Pond and the Demineralization and Brine Disposal 

15 Project in accordance with this section. 

16 (2) STORAGE POND.—The Secretary shall, sub17 ject to the availability of appropriations, provide the 

18 funding necessary to fulfill the Band’s obligations 

19 under the Recycled Water Infrastructure Agreement 

20 for the design and construction of the Storage Pond, 

21 in an amount not to exceed $2,500,000, such 

22 amount to be adjusted for changes since June 30, 

23 2009, in construction costs as indicated by engineer24 ing cost indices applicable to types of construction 

25 required to design and construct the Storage Pond. 


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1 (A) The procedure for the Secretary to 

2 provide funds pursuant to this section shall be 

3 as set forth in the Recycled Water Infrastruc4 ture Agreement. 

5 (B) The Bureau of Reclamation shall be 

6 the lead agency for purposes of the implementa7 tion of this section. 

8 (C) The United States shall have no re9 sponsibility or liability for the Storage Pond to 

10 be designed and constructed by RCWD. 

11 (D) In the event that RCWD does not sub12 mit the Storage Pond Notice to the Band with13 in 3 years after the enforceability date, the 

14 funds set aside within the Pechanga Recycled 

15 Water Infrastructure Account, including any in16 terest that has accrued thereon, for purposes of 

17 the design and construction of the Storage 

18 Pond shall revert to the U.S. Treasury. 

19 (3) DEMINERALIZATION AND BRINE DISPOSAL

20 PROJECT.—Upon receipt of a written request from 

21 the Band pursuant to section 5(c) of the Recycled 

22 Water Infrastructure Agreement, the Secretary, act23 ing through the Bureau of Reclamation, shall enter 

24 into negotiations with RCWD and the Band to es25 tablish an agreement that will allow the Bureau of 


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1 Reclamation to make payment directly to RCWD in 

2 the amount below. Upon execution of said agreement 

3 the Secretary shall, subject to the availability of ap4 propriations, provide the funding necessary to fulfill 

5 the Band’s obligations under the Recycled Water In6 frastructure Agreement for the design and construc7 tion of the Demineralization and Brine Disposal 

8 Project, in an amount not to exceed $4,460,000, 

9 such amount to be adjusted for changes since June 

10 30, 2009, in construction costs as indicated by engi11 neering cost indices applicable to types of construc12 tion required to design and construct the 

13 Demineralization and Brine Disposal Project. 

14 (A) The procedure for the Secretary to 

15 provide funds pursuant to this section shall be 

16 as set forth in the Recycled Water Infrastruc17 ture Agreement and the funding agreement re18 quired pursuant to section 8(c)(3). 

19 (B) The Bureau of Reclamation shall be 

20 the lead agency for purposes of the implementa21 tion of this section. 

22 (C) The United States shall have no re23 sponsibility or liability for the Demineralization 

24 and Brine Disposal Project to be designed and 

25 constructed by RCWD. 


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1 (D) In the event that RCWD, the Band 

2 and the United States do not enter into the 

3 funding agreement required by section 8(c)(3) 

4 within 5 years after the enforceability date, the 

5 funds set aside within the Pechanga Recycled 

6 Water Infrastructure Account, including any in7 terest that has accrued thereon, for purposes of 

8 the design and construction of the 

9 Demineralization and Brine Disposal Project 

10 shall be available for use by the Band to design 

11 and construct alternative demineralization and 

12 brine disposal facilities that will provide benefits 

13 and improvements in the quality of ground14 water on the Reservation that are similar to 

15 those that the Band would have received had 

16 RCWD constructed the Demineralization and 

17 Brine Disposal Project. 

18 (d) ESAA DELIVERY CAPACITY.— 

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

20 funds from the Pechanga ESAA Delivery Capacity 

21 Account, provide funds for Interim Capacity and 

22 Permanent Capacity in accordance with this section. 

23 (2) INTERIM CAPACITY.—The Secretary shall, 

24 subject to the availability of appropriations, using 

25 funds from the ESAA Delivery Capacity Account, 


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1 provide the funding necessary to fulfill the Band’s 

2 obligations under the ESAA Capacity Agreement for 

3 the provision by RCWD of Interim Capacity to the 

4 Band in an amount not to exceed $1,000,000. 

5 (A) The procedure for the Secretary to 

6 provide funds pursuant to this section shall be 

7 as set forth in the ESAA Capacity Agreement. 

8 (B) The Bureau of Reclamation shall be 

9 the lead agency for purposes of the implementa10 tion of this section. 

11 (C) The United States shall have no re12 sponsibility or liability for the Interim Capacity 

13 to be provided by RCWD. 

14 (D) In the event that RCWD does not pro15 vide the Interim Capacity Notice required pur16 suant to the ESAA Capacity Agreement within 

17 60 days after the date required under such 

18 agreement, the funds set aside in the Pechanga 

19 ESAA Delivery Capacity Account, including any 

20 interest that has accrued thereon, for purposes 

21 of the provision of Interim Capacity and Per22 manent Capacity shall be available for use by 

23 the Band to provide alternative interim capacity 

24 in a manner that is similar to the Interim Ca25 pacity and Permanent Capacity that the Band 


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1 would have received had RCWD provided such 

2 Interim Capacity and Permanent Capacity. 

3 (3) PERMANENT CAPACITY.—Upon receipt of 

4 the Permanent Capacity Notice pursuant to section 

5 5(b) of the ESAA Capacity Agreement, the Sec6 retary, acting through the Bureau of Reclamation, 

7 shall enter into negotiations with RCWD and the 

8 Band to establish an agreement that will allow for 

9 the disbursement of funds from the Pechanga ESAA 

10 Delivery Capacity Account in the amount below. 

11 Upon execution of said agreement the Secretary 

12 shall, subject to the availability of appropriations, 

13 using funds from the ESAA Delivery Capacity Ac14 count, provide the funding necessary to fulfill the 

15 Band’s obligations under the ESAA Capacity Agree16 ment for the provision by RCWD of Permanent Ca17 pacity to Pechanga in an amount not to exceed 

18 $16,900,000, such amount to be adjusted for 

19 changes since June 30, 2009, in construction costs 

20 as indicated by engineering cost indices applicable to 

21 types of construction required to design and con22 struct the Permanent Capacity. 

23 (A) The procedure for the Secretary to 

24 provide funds pursuant to this section shall be 

25 as set forth in the ESAA Capacity Agreement. 


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1 (B) The Bureau of Reclamation shall be 

2 the lead agency for purposes of the implementa3 tion of this section. 

4 (C) The United States shall have no re5 sponsibility or liability for the Permanent Ca6 pacity to be provided by RCWD. 

7 (D) In the event that RCWD does not pro8 vide the Permanent Capacity Notice required 

9 pursuant to the ESAA Capacity Agreement 

10 within 5 years after the enforceability date, the 

11 funds set aside in the Pechanga ESAA Delivery 

12 Capacity Account, including any interest that 

13 has accrued thereon, for purposes of the provi14 sion of Permanent Capacity shall be available 

15 for use by the Band to provide alternative per16 manent capacity in a manner that is similar to 

17 the Permanent Capacity that the Band would 

18 have received had RCWD provided such Perma19 nent Capacity. 

20 SEC. 9. PECHANGA SETTLEMENT FUND. 

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

22 Treasury of the United States the Pechanga Settlement 

23 Fund, consisting of such amounts as are deposited in the 

24 fund under subsections (a)(1), (a)(2), and (a)(3) of section 

25 11. 


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1 (b) ACCOUNTS OF PECHANGA SETTLEMENT

2 FUND.—The Secretary shall establish in the Pechanga 

3 Settlement Fund the following accounts: 

4 (1) Pechanga Recycled Water Infrastructure 

5 Account, consisting of amounts authorized pursuant 

6 to section 11(a)(1). 

7 (2) Pechanga ESAA Delivery Capacity Account, 

8 consisting of amounts authorized pursuant to section 

9 11(a)(2). 

10 (3) Pechanga Water Fund Account, consisting 

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

12 (c) DEPOSITS TO PECHANGA SETTLEMENT FUND.— 

13 (1) IN GENERAL.—The Secretary of the Treas14 ury shall promptly deposit in the Pechanga Settle15 ment Fund any amounts appropriated for that pur16 pose. 

17 (2) DEPOSITS TO ACCOUNTS.—The Secretary of 

18 the Treasury shall deposit amounts in the accounts 

19 of the Pechanga Settlement Fund established under 

20 subsection (b). 

21 (d) MANAGEMENT.— 

22 (1) IN GENERAL.—The Secretary shall manage 

23 the Pechanga Settlement Fund, make investments 

24 from the Pechanga Settlement Fund, and make 

25 monies available from the Pechanga Settlement 


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•S 2956 IS

1 Fund for distribution to the Band consistent with 

2 the American Indian Trust Fund Management Re3 form Act of 1994 (25 U.S.C. 4001 et seq.) (referred 

4 to in this subsection as the ‘‘Trust Fund Reform 

5 Act’’). 

6 (2) INVESTMENT OF PECHANGA SETTLEMENT

7 FUND.—Upon the enforceability date the Secretary 

8 shall invest amounts in the Pechanga Settlement 

9 Fund in accordance with— 

10 (A) the Act of April 1, 1880 (25 U.S.C. 

11 161); 

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

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

14 (C) the obligations of Federal corporations 

15 and Federal Government-sponsored entities the 

16 charter documents of which provide that the ob17 ligations of the entities are lawful investments 

18 for federally managed funds, including— 

19 (i) the obligations of the United 

20 States Postal Service described in section 

21 2005 of title 39, United States Code; 

22 (ii) bonds and other obligations of the 

23 Tennessee Valley Authority described in 

24 section 15d of the Tennessee Valley Au25 thority Act of 1933 (16 U.S.C. 831n–4); 


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1 (iii) mortgages, obligations, and other 

2 securities of the Federal Home Loan Mort3 gage Corporation described in section 303 

4 of the Federal Home Loan Mortgage Cor5 poration Act (12 U.S.C. 1452); and 

6 (iv) bonds, notes, and debentures of 

7 the Commodity Credit Corporation de8 scribed in section 4 of the Act of March 8, 

9 1938 (15 U.S.C. 713a–4); and 

10 (D) the obligations referred to in section 

11 201 of the Social Security Act (42 U.S.C. 401). 

12 (3) DISTRIBUTIONS FROM PECHANGA SETTLE13 MENT FUND.— 

14 (A) IN GENERAL.—Funds from the 

15 Pechanga Settlement Fund shall be used for 

16 each purpose described in subparagraphs (B) 

17 through (D). 

18 (B) PECHANGA RECYCLED WATER INFRA19 STRUCTURE ACCOUNT.—The Pechanga Recy20 cled Water Infrastructure Account shall be used 

21 for expenditures by the Band in accordance 

22 with section 8(c). 

23 (C) PECHANGA ESAA DELIVERY CAPACITY

24 ACCOUNT.—The Pechanga ESAA Delivery CaVerDate Nov 24 2008 04:09 Jan 27, 2010 Jkt 089200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S2956.IS S2956

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1 pacity Account shall be used for expenditures 

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

3 (D) PECHANGA WATER FUND ACCOUNT.— 

4 The Pechanga Water Fund Account shall be 

5 used for— 

6 (i) payment of the EMWD Connection 

7 Fee; 

8 (ii) payment of the MWD Connection 

9 Fee; and 

10 (iii) any expenses, charges or fees in11 curred by the Band in connection with the 

12 delivery or use of water pursuant to the 

13 Pechanga Settlement Agreement. 

14 (4) WITHDRAWALS BY BAND.— 

15 (A) IN GENERAL.—The Band may with16 draw any portion of amounts in the Pechanga 

17 Settlement Fund on approval by the Secretary 

18 of a tribal management plan in accordance with 

19 the Trust Fund Reform Act. 

20 (B) REQUIREMENTS.— 

21 (i) IN GENERAL.—In addition to the 

22 requirements under the Trust Fund Re23 form Act, the tribal management plan of 

24 the Band under subparagraph (A) shall re25 quire that the Band spend any amounts 


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1 withdrawn from the Pechanga Settlement 

2 Fund in accordance with this Act. 

3 (ii) ENFORCEMENT.—The Secretary 

4 may carry out such judicial or administra5 tive actions as the Secretary determines to 

6 be necessary to enforce a tribal manage7 ment plan to ensure that amounts with8 drawn by the Band from the Pechanga 

9 Settlement Fund under this paragraph are 

10 used in accordance with this Act. 

11 (C) LIABILITY.—The Secretary and the 

12 Secretary of the Treasury shall not be liable for 

13 the expenditure or investment of amounts with14 drawn from the Pechanga Settlement Fund by 

15 the Band under this paragraph. 

16 (D) EXPENDITURE PLAN.— 

17 (i) IN GENERAL.—For each fiscal 

18 year, the Band shall submit to the Sec19 retary for approval an expenditure plan for 

20 any portion of the amounts described in 

21 subparagraph (A) that the Band elects to 

22 withdraw under this paragraph during the 

23 fiscal year. 

24 (ii) INCLUSION.—An expenditure plan 

25 under clause (i) shall include a description 


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•S 2956 IS

1 of the manner in which, and the purposes 

2 for which, funds of the Band remaining in 

3 the Pechanga Settlement Fund will be 

4 used during subsequent fiscal years. 

5 (iii) APPROVAL.—On receipt of an ex6 penditure plan under clause (i), the Sec7 retary shall approve the plan if the Sec8 retary determines that the plan is— 

9 (I) reasonable; and 

10 (II) consistent with this Act. 

11 (5) ANNUAL REPORTS.—The Band shall submit 

12 to the Secretary annual reports describing each ex13 penditure by the Band of amounts in the Pechanga 

14 Settlement Fund during the preceding calendar 

15 year. 

16 (6) CERTAIN PER CAPITA DISTRIBUTIONS PRO17 HIBITED.—No amount in the Pechanga Settlement 

18 Fund shall be distributed to any member of the 

19 Band on a per capita basis. 

20 (e) AVAILABILITY.—The amounts in the Pechanga 

21 Settlement Fund shall be available for use by the Sec22 retary and withdrawal by the Band beginning on the en23 forceability date. 


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1 SEC. 10. MISCELLANEOUS PROVISIONS. 

2 (a) WAIVER OF SOVEREIGN IMMUNITY BY THE

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

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

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

6 Act waives the sovereign immunity of the United States. 

7 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

8 Nothing in this Act quantifies or diminishes any land or 

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

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

11 Band. 

12 (c) LIMITATION ON CLAIMS FOR REIMBURSEMENT.— 

13 With respect to Indian land within the Reservation— 

14 (1) the United States shall not submit against 

15 any Indian-owned land located within the Reserva16 tion any claim for reimbursement of the cost to the 

17 United States of carrying out this Act and the 

18 Pechanga Settlement Agreement; and 

19 (2) no assessment of any Indian-owned land lo20 cated within the Reservation shall be made regard21 ing that cost. 

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

23 section affects any provision of law (including regulations) 

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

25 Act with respect to preenforcement review of any Federal 

26 environmental enforcement action. 


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1 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.— 

3 (1) PECHANGA RECYCLED WATER INFRASTRUC4 TURE ACCOUNT.—There is authorized to be appro5 priated $6,960,000, such amount to be adjusted for 

6 changes since June 30, 2009, in construction costs 

7 as indicated by engineering cost indices applicable to 

8 types of construction required to design and con9 struct the Storage Pond and the Demineralization 

10 and Brine Disposal Project for deposit into the 

11 Pechanga Recycled Water Infrastructure Account. 

12 (2) PECHANGA ESAA DELIVERY CAPACITY AC13 COUNT.—There is authorized to be appropriated 

14 $17,900,000, such amount to be adjusted for 

15 changes since June 30, 2009, in construction costs 

16 as indicated by engineering cost indices applicable to 

17 types of construction required to provide the Interim 

18 Capacity and the Permanent Capacity for deposit 

19 into the Pechanga ESAA Delivery Capacity Account. 

20 (3) PECHANGA WATER FUND ACCOUNT.—There 

21 is authorized to be appropriated $25,382,000 for de22 posit into the Pechanga Water Fund Account for the 

23 purposes set forth in section 9(d)(3)(D). 

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

25 If the Secretary does not publish a statement of find26 ings under section 7(f) by December 31, 2015— 


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1 (1) this Act is repealed effective January 1, 

2 2016, and any action taken by the Secretary and 

3 any contract or agreement pursuant to the authority 

4 provided under any provision of this Act shall be 

5 void; 

6 (2) any amounts appropriated under section 11, 

7 together with any interest on those amounts, shall 

8 immediately revert to the general fund of the Treas9 ury; and 

10 (3) any amounts made available under section 

11 11 that remain unexpended shall immediately revert 

12 to the general fund of the Treasury. 

Æ 


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