```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2956 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Pechanga Band of 
Luiseno Mission Indians Water Rights Settlement Act''.
    (b) Table of Contents.--The table of contents of 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.
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.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to achieve a fair, equitable, and final settlement of 
        claims to water rights and certain claims for injuries to water 
        rights in the Santa Margarita River Watershed for--
                    (A) the Band; and
                    (B) the United States acting in its capacity as 
                trustee for the Band and Allottees;
            (2) to achieve a fair, equitable, and final settlement of 
        certain claims by the Band against the United States;
            (3) to authorize, ratify, and confirm the Pechanga 
        Settlement Agreement to be entered into by the Band, RCWD, 
        EMWD, and the United States;
            (4) to authorize and direct the Secretary--
                    (A) to execute the Pechanga Settlement Agreement; 
                and
                    (B) to take any other action necessary to carry out 
                the Pechanga Settlement Agreement in accordance with 
                this Act; and
            (5) to authorize the appropriation of funds necessary for 
        the implementation of the Pechanga Settlement Agreement and 
        this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Adjudication court.--The term ``Adjudication Court'' 
        means the U.S. District Court for the Southern District of 
        California exercising continuing jurisdiction over the 
        Adjudication Proceeding.
            (2) Adjudication proceeding.--The term ``Adjudication 
        Proceeding'' means litigation initiated by the United States 
        regarding relative water rights in the Santa Margarita River 
        Watershed in United States v. Fallbrook Public Utility District 
        et al., Civ. No. 3:51-cv-01247 (S.D.C.A.), including any 
        litigation initiated to interpret or enforce the relative water 
        rights in the Santa Margarita River Watershed pursuant to the 
        Adjudication Court's continuing jurisdiction over the Fallbrook 
        Decree.
            (3) AFY.--The term ``AFY'' means acre-feet per year.
            (4) Allottee.--The term ``allottee'' means a person who 
        holds a beneficial real property interest in an Indian 
        allotment that is--
                    (A) located within the Reservation; and
                    (B) held in trust by the United States.
            (5) Band.--The term ``Band'' means the sovereign government 
        of the Pechanga Band of Luiseno Mission Indians, which is 
        organized under section 16 of the Act of June 18, 1934 (25 
        U.S.C. 476), acting on behalf of itself and its members.
            (6) Brine disposal facility notice.--The term ``Brine 
        Disposal Facility Notice'' has the meaning set forth in section 
        5 of the Recycled Water Infrastructure Agreement.
            (7) Claims.--The term ``claims'' means rights, claims, 
        demands, actions, compensation or causes of action whether 
        known or unknown as of the date of the Pechanga Settlement 
        Agreement.
            (8) Demineralization and brine disposal project.--The term 
        ``Demineralization and Brine Disposal Project'' has the meaning 
        set forth in section 1 of the Recycled Water Infrastructure 
        Agreement.
            (9) EMWD.--The term ``EMWD'' means Eastern Municipal Water 
        District, a municipal water district organized and existing in 
        accordance with the Municipal Water District Law of 1911, 
        Division 20 of the Water Code of the State of California, as 
        amended.
            (10) EMWD connection fee.--The term ``EMWD Connection Fee'' 
        has the meaning set forth in section 2.3(b) of the Extension of 
        Service Area Agreement.
            (11) Enforceability date.--The term ``enforceability date'' 
        means the date on which the Secretary publishes in the Federal 
        Register the statement of findings described in section 7(f).
            (12) ESAA capacity agreement.--The term ``ESAA Capacity 
        Agreement'' means the ``Agreement to Provide Capacity for 
        Delivery of ESAA Water'', among the Band, RCWD and the United 
        States.
            (13) ESAA water.--The term ``ESAA Water'' means imported 
        potable water that the Band receives from EMWD and MWD pursuant 
        to the Extension of Service Area Agreement.
            (14) Extension of service area agreement.--The term 
        ``Extension of Service Area Agreement'' means the ``Agreement 
        for Extension of Existing Service Area'', among the Band, EMWD, 
        the United States and MWD for purposes of provision of water 
        service by EMWD to a designated portion of the Reservation 
        using water supplied by MWD.
            (15) Fallbrook decree.--The term ``Fallbrook Decree'' means 
        the ``Modified Final Judgment And Decree'', entered in the 
        Adjudication Proceeding on April 6, 1966. The term ``Fallbrook 
        Decree'' includes all court orders, interlocutory judgments and 
        decisions supplemental to the ``Modified Final Judgment And 
        Decree'', including Interlocutory Judgment No. 30, 
        Interlocutory Judgment No. 35, and Interlocutory Judgment No. 
        41.
            (16) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (17) Injury to water rights.--The term ``Injury to Water 
        Rights'' means an interference with, diminution of, or 
        deprivation of water rights under Federal or State law.
            (18) Interim capacity.--The term ``Interim Capacity'' has 
        the meaning set forth in section 1 of the ESAA Capacity 
        Agreement.
            (19) Interim capacity notice.--The term ``Interim Capacity 
        Notice'' has the meaning set forth in section 4(b) of the ESAA 
        Capacity Agreement.
            (20) MWD.--The term ``MWD'' means the Metropolitan Water 
        District of Southern California, a metropolitan water district 
        organized and incorporated under the Metropolitan Water 
        District Act of the State of California (Stats. 1969, Chapter 
        209, as amended).
            (21) MWD connection fee.--The term ``MWD Connection Fee'' 
        has the meaning set forth in section 2.3(a) of the Extension of 
        Service Area Agreement.
            (22) Pechanga esaa delivery capacity account.--The term 
        ``Pechanga ESAA Delivery Capacity Account'' means the fund 
        authorized by section 11(a)(2) of this Act.
            (23) Pechanga recycled water infrastructure account.--The 
        term ``Pechanga Recycled Water Infrastructure Account'' means 
        the fund authorized by section 11(a)(1) of this Act.
            (24) Pechanga settlement agreement.--The term ``Pechanga 
        Settlement Agreement'' means that agreement, together with the 
        exhibits thereto. The parties to the Pechanga Settlement 
        Agreement are the Band, the United States on behalf of the 
        Band, its members and allottees, RCWD and EMWD.
            (25) Pechanga settlement fund.--The term ``Pechanga 
        Settlement Fund'' means the fund authorized by section 9 of 
        this Act.
            (26) Pechanga water code.--The term ``Pechanga Water Code'' 
        means a water code to be adopted by the Band in accordance with 
        section 5(f).
            (27) Pechanga water fund account.--The term ``Pechanga 
        Water Fund Account'' means the fund authorized by section 
        11(a)(3) of this Act.
            (28) Permanent capacity.--The term ``Permanent Capacity'' 
        has the meaning set forth in section 1 of the ESAA Capacity 
        Agreement.
            (29) Permanent capacity notice.--The term ``Permanent 
        Capacity Notice'' has the meaning set forth in section 5(b) of 
        the ESAA Capacity Agreement.
            (30) RCWD.--The term ``RCWD'' means the California water 
        district organized pursuant to California Water code section 
        34000 et seq. and includes all real property owners for whom 
        RCWD acts as an agent pursuant to an agency agreement.
            (31) Recycled water infrastructure agreement.--The term 
        ``Recycled Water Infrastructure Agreement'' means the 
        ``Agreement for Recycled Water Infrastructure'' among the Band, 
        RCWD, and the United States.
            (32) Recycled water transfer agreement.--The term 
        ``Recycled Water Transfer Agreement'' means the ``Recycled 
        Water Transfer Agreement'' between the Band and RCWD.
            (33) Reservation.--The term ``Reservation'' means land 
        depicted on the map attached to the Pechanga Settlement 
        Agreement as exhibit I. The term ``Reservation'' is solely for 
        the purposes of the Pechanga Settlement Agreement only, and not 
        for any of the exhibits, and shall not be used for any other 
        purpose.
            (34) Santa margarita river watershed.--The ``Santa 
        Margarita River Watershed'' means the watershed that is the 
        subject of the Adjudication Proceeding and the Fallbrook 
        Decree.
            (35) Secretary.--The term ``Secretary'' means the Secretary 
        of the United States Department of the Interior.
            (36) State.--The term ``State'' means the State of 
        California.
            (37) Storage pond.--The term ``Storage Pond'' has the 
        meaning set forth in section 1 of the Recycled Water 
        Infrastructure Agreement.
            (38) Tribal water right.--The term ``Tribal Water Right'' 
        means the water rights ratified, confirmed and declared to be 
        valid for the benefit of the Band and allottees as specifically 
        set forth and described in section 5 of the Act.

SEC. 4. APPROVAL OF THE PECHANGA SETTLEMENT AGREEMENT.

    (a) In General.--Except as modified by this Act, and to the extent 
the Pechanga Settlement Agreement does not conflict with this Act, the 
Pechanga Settlement Agreement is authorized, ratified, and confirmed. 
To the extent amendments are executed to make the Pechanga Settlement 
Agreement consistent with this Act, such amendments are also 
authorized, ratified, and confirmed.
    (b) Execution of Pechanga Settlement Agreement.--To the extent that 
the Pechanga Settlement Agreement does not conflict with this Act, the 
Secretary is directed to and shall promptly execute the Pechanga 
Settlement Agreement, including all exhibits to or parts of the 
Pechanga Settlement Agreement requiring the signature of the Secretary. 
Nothing herein precludes the Secretary from approving modifications to 
exhibits to the Pechanga Settlement Agreement not inconsistent with 
this Act, to the extent such modifications do not otherwise require 
Congressional approval pursuant to the Trade and Intercourse Act, 25 
U.S.C. 177, or pursuant to other Federal statute.
    (c) Execution of Extension of Service Area Agreement, Recycled 
Water Infrastructure Agreement and ESAA Capacity Agreement.--The 
Secretary shall execute the Extension of Service Area Agreement, the 
Recycled Water Infrastructure Agreement and the ESAA Capacity Agreement 
within 60 days of the enactment of this Act. Such agreements shall be 
effective and enforceable as between the parties to such agreements, 
except the United States, as from the date all parties thereto have 
executed such agreements. Such agreements shall be enforceable as to 
the United States only as from the enforceability date.
    (d) National Environmental Policy Act of 1969.--
            (1) Environmental compliance.--In implementing the Pechanga 
        Settlement Agreement, the Secretary shall promptly comply with 
        all applicable aspects of the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 
        1973 (16 U.S.C. 1531 et seq.), and all other applicable 
        environmental Acts and regulations.
            (2) Execution of the pechanga settlement agreement.--
        Execution of the Pechanga Settlement Agreement by the Secretary 
        under this section shall not constitute a major Federal action 
        under the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.). The Secretary is directed to carry out all 
        Federal compliance necessary to implement the Pechanga 
        Settlement Agreement.
            (3) Lead agency.--The Bureau of Reclamation shall be 
        designated as the lead agency with respect to environmental 
        compliance.

SEC. 5. TRIBAL WATER RIGHT.

    (a) Intent of Congress.--It is the intent of Congress to provide to 
each allottee benefits that are equivalent to or exceed the benefits 
allottees currently possess, taking into consideration--
            (1) the potential risks, cost, and time delay associated 
        with litigation that would be resolved by the Pechanga 
        Settlement Agreement and this Act;
            (2) the availability of funding under this Act;
            (3) the availability of water from the Tribal Water Right 
        and other water sources as set forth in the Pechanga Settlement 
        Agreement; and
            (4) the applicability of section 7 of the Act of February 
        8, 1887 (25 U.S.C. 381), and this Act to protect the interests 
        of allottees.
    (b) Confirmation of Tribal Water Right.--
            (1) In general.--The Tribal Water Right is ratified, 
        confirmed, and declared to be valid.
            (2) Characteristics of tribal water right.--The Tribal 
        Water Right shall be equal to 4,994 AFY of water that is 
        subject to the jurisdiction of the Adjudication Court. The 
        priority date for 3,019 AFY of the Tribal Water Right shall be 
        June 27, 1882. The priority date for 182 AFY of the Tribal 
        Water Right shall be August 29, 1893. The priority date for 729 
        AFY of the Tribal Water Right shall be January 9, 1907. The 
        priority date for 563 AFY of the Tribal Water Right shall be 
        March 11, 1907. The priority date for 501 AFY of the Tribal 
        Water Right shall be May 25, 1931.
            (3) Use.--Subject to the terms of the Pechanga Settlement 
        Agreement, this Act and the Fallbrook Decree, the Band may use 
        the Tribal Water Right for any purpose on the Reservation.
    (c) Holding in Trust.--The Tribal Water Right shall be held in 
trust by the United States for the use and benefit of the Band, and the 
allottees in accordance with this section.
    (d) Allottees.--As specified in and provided for in this Act:
            (1) Applicability of act of february 8, 1887.--The 
        provisions of section 7 of the Act of February 8, 1887 (25 
        U.S.C. 381), relating to the use of water for irrigation 
        purposes shall apply to the Tribal Water Right.
            (2) Entitlement to water.--Any entitlement to water of an 
        allottee under Federal law for such allottee's allotment shall 
        be satisfied by the Band and no allottee shall have any 
        additional entitlement to water except as set forth in the 
        Pechanga Settlement Agreement and this Act.
            (3) Exhaustion of remedies.--Before asserting any claim 
        against the United States under section 7 of the Act of 
        February 8, 1887 (25 U.S.C. 381), or any other applicable law, 
        an allottee shall exhaust remedies available under the Pechanga 
        Water Code or other applicable tribal law.
            (4) Claims.--Following exhaustion of remedies available 
        under the Pechanga Water Code or other applicable tribal law, 
        an allottee may seek relief under section 7 of the Act of 
        February 8, 1887 (25 U.S.C. 381), or other applicable law.
            (5) Authority.--The Secretary shall have the authority to 
        protect allottees' rights as specified in this section.
    (e) Authority of Band.--
            (1) In general.--Except as provided in paragraph (2), the 
        Band shall have authority to use, allocate, distribute, and 
        lease the Tribal Water Right--
                    (A) in accordance with the Pechanga Settlement 
                Agreement; and
                    (B) subject to approval of the Secretary of the 
                Pechanga Water Code under section 5(f).
            (2) Leases by allottees.--Notwithstanding paragraph (1), an 
        allottee may lease any interest in land held by the allottee, 
        together with any water right determined to be appurtenant to 
        the interest in land.
    (f) Pechanga Water Code.--
            (1) In general.--No later than eighteen (18) months 
        following the enforceability date, the Band shall enact a 
        Pechanga Water Code, that provides for--
                    (A) the management, regulation and governance of 
                all uses of the Tribal Water Right in accordance with 
                the Pechanga Settlement Agreement; and
                    (B) establishment by the Band of conditions, permit 
                requirements, and other limitations relating to the 
                storage, recovery, and use of the Tribal Water Right in 
                accordance with the Pechanga Settlement Agreement.
            (2) Inclusions.--Subject to the approval of the Secretary, 
        the Pechanga Water Code shall provide that--
                    (A) tribal allocations of water to allottees shall 
                be satisfied with water from the Tribal Water Right;
                    (B) charges for delivery of water for irrigation 
                purposes for allottees shall be assessed in accordance 
                with section 7 of the Act of February 8, 1887 (25 
                U.S.C. 381);
                    (C) there is a process by which an allottee may 
                request that the Band provide water for irrigation use 
                in accordance with this Act;
                    (D) there is a due process system for the 
                consideration and determination by the Band of any 
                request by an allottee, or any successor in interest to 
                an allottee, for an allocation of such water for 
                irrigation purposes on allotted land, including a 
                process for--
                            (i) appeal and adjudication of any denied 
                        or disputed distribution of water; and
                            (ii) resolution of any contested 
                        administrative decision; and
                    (E) there is a requirement that any allottee with a 
                claim relating to the enforcement of rights of the 
                allottee under the Pechanga Water Code or relating to 
                the amount of water allocated to land of the allottee 
                must first exhaust remedies available to the allottee 
                under tribal law and the Pechanga Water Code before 
                initiating an action against the United States or 
                petitioning the Secretary pursuant to subsection 
                (d)(4).
            (3) Action by secretary.--
                    (A) In general.--The Secretary shall administer the 
                Tribal Water Right until the Pechanga Water Code is 
                enacted in accordance with paragraph (1) and those 
                provisions requiring approval pursuant to paragraph 
                (2).
                    (B) Approval.--The Pechanga Water Code shall not be 
                valid unless--
                            (i) the provisions of the Pechanga Water 
                        Code required by paragraph (2) are approved by 
                        the Secretary; and
                            (ii) each amendment to the Pechanga Water 
                        Code that affects a right of an allottee is 
                        approved by the Secretary.
                    (C) Approval period.--
                            (i) In general.--Except as provided by 
                        clause (ii), if the Secretary does not approve 
                        or disapprove the Pechanga Water Code before 
                        the date that is 180 days after the date on 
                        which the Pechanga Water Code is submitted to 
                        the Secretary for approval, the Pechanga Water 
                        Code shall be considered to have been approved 
                        by the Secretary to the extent that it is not 
                        inconsistent with the Pechanga Settlement 
                        Agreement or this Act.
                            (ii) Mutual extension of approval period.--
                        The Pechanga Water Code may not be considered 
                        to have been approved by the Secretary under 
                        clause (i) if the Secretary and the Band agree 
                        to extend the approval period.
    (g) Effect.--Except as otherwise specifically provided in this 
section, nothing in this Act--
            (1) authorizes any action by an allottee against any 
        individual or entity, or against the Band, under Federal, 
        State, tribal, or local law; or
            (2) alters or affects the status of any action pursuant to 
        section 1491(a) of title 28, United States Code.

SEC. 6. SATISFACTION OF CLAIMS.

    (a) In General.--The benefits provided to the Band and the 
allottees under the Pechanga Settlement Agreement and this Act shall 
satisfy all claims of the Band and the allottees waived pursuant to 
section 7.
    (b) No Recognition of Water Rights.--Notwithstanding subsection (a) 
and except as provided in section 5(d), nothing in this Act recognizes 
or establishes any right of a member of the Band or an allottee to 
water within the Reservation.

SEC. 7. WAIVER OF CLAIMS.

    (a) In General.--
            (1) Waiver of claims by the band and the united states.--
                    (A) Subject to the retention of rights set forth in 
                subsection (c), notwithstanding any provisions to the 
                contrary in the Pechanga Settlement Agreement, and in 
                return for the ratification, confirmation and 
                declaration to be valid of the Tribal Water Right and 
                other benefits, including the commitments by RCWD and 
                EMWD as set forth in the Pechanga Settlement Agreement 
                and this Act, the Band, and the United States on behalf 
                of the Band and allottees waive any and all of the 
                following claims--
                            (i) claims for water rights in the Santa 
                        Margarita River Watershed for lands located 
                        within the Reservation arising from time 
                        immemorial and, thereafter, forever; and
                            (ii) claims for water rights in the Santa 
                        Margarita River Watershed that are based on 
                        aboriginal occupancy for lands overlying the 
                        Santa Margarita River Watershed arising from 
                        time immemorial and, thereafter, forever.
                    (B) Subject to the retention of rights set forth in 
                subsection (c), notwithstanding any provisions to the 
                contrary in the Pechanga Settlement Agreement, and in 
                return for the ratification, confirmation and 
                declaration to be valid of the Tribal Water Right and 
                other benefits, including the commitments by RCWD and 
                EMWD as set forth in the Pechanga Settlement Agreement 
                and this Act, the Band and the United States on behalf 
                of the Band and allottees fully release, acquit and 
                discharge RCWD and EMWD from the following claims--
                            (i) claims for Injuries to Water Rights in 
                        the Santa Margarita River Watershed for lands 
                        located within the Reservation arising or 
                        occurring at any time up to and including June 
                        30, 2009;
                            (ii) claims for Injuries to Water Rights in 
                        the Santa Margarita River Watershed for lands 
                        located within the Reservation arising or 
                        occurring at any time after June 30, 2009, 
                        resulting from the diversion or use of water in 
                        a manner not in violation of the Pechanga 
                        Settlement Agreement or this Act;
                            (iii) claims for subsidence damage to land 
                        located within the Reservation arising or 
                        occurring at any time up to and including June 
                        30, 2009;
                            (iv) claims for subsidence damage arising 
                        or occurring after June 30, 2009, to lands 
                        located within the Reservation resulting from 
                        the diversion of underground water in a manner 
                        not in violation of the Pechanga Settlement 
                        Agreement or this Act; and
                            (v) claims arising out of or relating in 
                        any manner to the negotiation or execution of 
                        the Pechanga Settlement Agreement or the 
                        negotiation or execution of this Act.
            (2) Claims by the united states against the band.--Subject 
        to the retention of rights set forth in subsection (c), to the 
        extent consistent with this Act, the United States, in all its 
        capacities (except as trustee for an Indian tribe other than 
        the Band), as part of the performance of obligations under the 
        Pechanga Settlement Agreement, is authorized to execute a 
        waiver and release of any and all claims against the Band, or 
        any agency, official, or employee of the Band, under Federal, 
        State, or any other law for--
                    (A) claims for Injuries to Water Rights in the 
                Santa Margarita River Watershed for lands located 
                within the Reservation arising or occurring at any time 
                up to and including June 30, 2009;
                    (B) claims for Injuries to Water Rights in the 
                Santa Margarita River Watershed for lands located 
                within the Reservation arising or occurring at any time 
                after June 30, 2009, resulting from the diversion or 
                use of water in a manner not in violation this 
                Agreement or the Act;
                    (C) claims for subsidence damage to land located 
                within the Reservation arising or occurring at any time 
                up to and including June 30, 2009;
                    (D) claims for subsidence damage arising or 
                occurring after June 30, 2009, to lands located within 
                the Reservation resulting from the diversion of 
                underground water in a manner not in violation of this 
                Agreement or the Act; and
                    (E) claims arising out of or relating in any manner 
                to the negotiation or execution of this Agreement or 
                the negotiation or execution of the Act.
            (3) Claims by the band against the united states.--Subject 
        to the retention of rights set forth in subsection (c), the 
        Band, on behalf of itself and its members, is authorized to 
        execute a waiver and release of--
                    (A) all claims against the United States, its 
                agencies, or employees relating to claims for water 
                rights in or water of the Santa Margarita River 
                Watershed or any other river systems outside of the 
                Santa Margarita River Watershed that the United States 
                acting in its capacity as trustee for the Band 
                asserted, or could have asserted, in any proceeding, 
                including but not limited to the Adjudication 
                Proceeding;
                    (B) all claims against the United States, its 
                agencies, or employees relating to damages, losses, or 
                injuries to water, water rights, land, or natural 
                resources due to loss of water or water rights 
                (including but not limited to damages, losses or 
                injuries to hunting, fishing, gathering or cultural 
                rights due to loss of water or water rights; claims 
                relating to interference with, diversion or taking of 
                water or water rights; or claims relating to failure to 
                protect, acquire, replace, or develop water, water 
                rights or water infrastructure) in the Santa Margarita 
                River Watershed that first accrued at any time up to 
                and including June 30, 2009;
                    (C) all claims against the United States, its 
                agencies, or employees encompassed within the case 
                Pechanga Band of Luiseno Indians v. Salazar, Civ. No. 
                1:06-cv-02206 (D.D.C);
                    (D) all claims against the United States, its 
                agencies, or employees relating to the pending 
                litigation of claims relating to the Band's water 
                rights in the Adjudication Proceeding; and
                    (E) all claims against the United States, its 
                agencies, or employees relating to the negotiation, 
                execution or the adoption of the Pechanga Settlement 
                Agreement, exhibits thereto, or this Act.
    (b) Effectiveness of Waivers and Releases.--The waivers under 
subsection (a) shall take effect on the enforceability date.
    (c) Reservation of Rights and Retention of Claims.--Notwithstanding 
the waivers and releases authorized in this Act, the Band on behalf of 
itself and its members and the United States acting in its capacity as 
trustee for the Band retain--
            (1) claims for enforcement of the Pechanga Settlement 
        Agreement and this Act;
            (2) claims against persons other than RCWD and EMWD;
            (3) claims for water rights that are outside the 
        jurisdiction of the Adjudication Court;
            (4) claims for water rights for lands within the Santa 
        Margarita River Watershed that are outside the Reservation; 
        provided, however, that such claims are for water rights 
        consistent with water rights recognized for such lands in the 
        Fallbrook Decree;
            (5) rights to use and protect water rights acquired on or 
        after the enforceability date; and
            (6) remedies, privileges, immunities, powers and claims, 
        including claims for water rights, not specifically waived and 
        released pursuant to this Act and the Pechanga Settlement 
        Agreement.
    (d) Effect of Pechanga Settlement Agreement and Act.--Nothing in 
the Pechanga Settlement Agreement or this Act--
            (1) affects the ability of the United States acting in its 
        sovereign capacity to take actions authorized by law, including 
        but not limited to any laws relating to health, safety, or the 
        environment, including but not limited to 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 
        such Acts;
            (2) affects the ability of the United States to take 
        actions acting in its capacity as trustee for any other Indian 
        tribe or allottee;
            (3) confers jurisdiction on any State court to--
                    (A) interpret Federal law regarding health, safety, 
                or the environment or determine the duties of the 
                United States or other parties pursuant to such Federal 
                law; or
                    (B) conduct judicial review of Federal agency 
                action; or
            (4) waives any claim of a member of the Band in an 
        individual capacity that does not derive from a right of the 
        Band.
    (e) Tolling of Claims.--
            (1) In general.--Each applicable period of limitation and 
        time-based equitable defense relating to a claim described in 
        this section shall be tolled for the period beginning on the 
        date of enactment of this Act and ending on the earlier of--
                    (A) December 31, 2015; or
                    (B) the enforceability date.
            (2) Effects of subsection.--Nothing in this subsection 
        revives any claim or tolls any period of limitation or time-
        based equitable defense that expired before the date of 
        enactment of this Act.
            (3) Limitation.--Nothing in this section precludes the 
        tolling of any period of limitations or any time-based 
        equitable defense under any other applicable law.
    (f) Enforceability Date.--The enforceability date shall be the date 
on which the Secretary publishes in the Federal Register a statement of 
findings that--
            (1) the Pechanga Settlement Agreement has been approved by 
        the Adjudication Court;
            (2) all funds authorized by this Act for such purpose have 
        been deposited in the Pechanga Settlement Fund;
            (3) the waivers and releases authorized in subsection (a) 
        have been executed by the Band and the Secretary; and
            (4) the Extension of Service Area Agreement has been 
        approved and executed by all parties thereto and is effective 
        and enforceable in accordance with its terms.

SEC. 8. WATER FACILITIES.

    (a) In General.--The Secretary shall, subject to the availability 
of appropriations, using funds from the designated accounts of the 
Pechanga Settlement Fund, provide the funds necessary to fulfill the 
Band's obligations under the Recycled Water Infrastructure Agreement 
and the ESAA Capacity Agreement, in an amount not to exceed the amounts 
deposited in the designated accounts for such purposes, in accordance 
with this Act and the terms and conditions of such agreements.
    (b) Non-Reimbursability.--The funds provided by the Secretary 
pursuant to subsection (a) shall be non-reimbursable.
    (c) Recycled Water Infrastructure.--
            (1) In general.--The Secretary shall, using funds from the 
        Pechanga Recycled Water Infrastructure Account, provide funds 
        for the Storage Pond and the Demineralization and Brine 
        Disposal Project in accordance with this section.
            (2) Storage pond.--The Secretary shall, subject to the 
        availability of appropriations, provide the funding necessary 
        to fulfill the Band's obligations under the Recycled Water 
        Infrastructure Agreement for the design and construction of the 
        Storage Pond, in an amount not to exceed $2,500,000, such 
        amount to be adjusted for changes since June 30, 2009, in 
        construction costs as indicated by engineering cost indices 
        applicable to types of construction required to design and 
        construct the Storage Pond.
                    (A) The procedure for the Secretary to provide 
                funds pursuant to this section shall be as set forth in 
                the Recycled Water Infrastructure Agreement.
                    (B) The Bureau of Reclamation shall be the lead 
                agency for purposes of the implementation of this 
                section.
                    (C) The United States shall have no responsibility 
                or liability for the Storage Pond to be designed and 
                constructed by RCWD.
                    (D) In the event that RCWD does not submit the 
                Storage Pond Notice to the Band within 3 years after 
                the enforceability date, the funds set aside within the 
                Pechanga Recycled Water Infrastructure Account, 
                including any interest that has accrued thereon, for 
                purposes of the design and construction of the Storage 
                Pond shall revert to the U.S. Treasury.
            (3) Demineralization and brine disposal project.--Upon 
        receipt of a written request from the Band pursuant to section 
        5(c) of the Recycled Water Infrastructure Agreement, the 
        Secretary, acting through the Bureau of Reclamation, shall 
        enter into negotiations with RCWD and the Band to establish an 
        agreement that will allow the Bureau of Reclamation to make 
        payment directly to RCWD in the amount below. Upon execution of 
        said agreement the Secretary shall, subject to the availability 
        of appropriations, provide the funding necessary to fulfill the 
        Band's obligations under the Recycled Water Infrastructure 
        Agreement for the design and construction of the 
        Demineralization and Brine Disposal Project, in an amount not 
        to exceed $4,460,000, such amount to be adjusted for changes 
        since June 30, 2009, in construction costs as indicated by 
        engineering cost indices applicable to types of construction 
        required to design and construct the Demineralization and Brine 
        Disposal Project.
                    (A) The procedure for the Secretary to provide 
                funds pursuant to this section shall be as set forth in 
                the Recycled Water Infrastructure Agreement and the 
                funding agreement required pursuant to section 8(c)(3).
                    (B) The Bureau of Reclamation shall be the lead 
                agency for purposes of the implementation of this 
                section.
                    (C) The United States shall have no responsibility 
                or liability for the Demineralization and Brine 
                Disposal Project to be designed and constructed by 
                RCWD.
                    (D) In the event that RCWD, the Band and the United 
                States do not enter into the funding agreement required 
                by section 8(c)(3) within 5 years after the 
                enforceability date, the funds set aside within the 
                Pechanga Recycled Water Infrastructure Account, 
                including any interest that has accrued thereon, for 
                purposes of the design and construction of the 
                Demineralization and Brine Disposal Project shall be 
                available for use by the Band to design and construct 
                alternative demineralization and brine disposal 
                facilities that will provide benefits and improvements 
                in the quality of groundwater on the Reservation that 
                are similar to those that the Band would have received 
                had RCWD constructed the Demineralization and Brine 
                Disposal Project.
    (d) ESAA Delivery Capacity.--
            (1) In general.--The Secretary shall, using funds from the 
        Pechanga ESAA Delivery Capacity Account, provide funds for 
        Interim Capacity and Permanent Capacity in accordance with this 
        section.
            (2) Interim capacity.--The Secretary shall, subject to the 
        availability of appropriations, using funds from the ESAA 
        Delivery Capacity Account, provide the funding necessary to 
        fulfill the Band's obligations under the ESAA Capacity 
        Agreement for the provision by RCWD of Interim Capacity to the 
        Band in an amount not to exceed $1,000,000.
                    (A) The procedure for the Secretary to provide 
                funds pursuant to this section shall be as set forth in 
                the ESAA Capacity Agreement.
                    (B) The Bureau of Reclamation shall be the lead 
                agency for purposes of the implementation of this 
                section.
                    (C) The United States shall have no responsibility 
                or liability for the Interim Capacity to be provided by 
                RCWD.
                    (D) In the event that RCWD does not provide the 
                Interim Capacity Notice required pursuant to the ESAA 
                Capacity Agreement within 60 days after the date 
                required under such agreement, the funds set aside in 
                the Pechanga ESAA Delivery Capacity Account, including 
                any interest that has accrued thereon, for purposes of 
                the provision of Interim Capacity and Permanent 
                Capacity shall be available for use by the Band to 
                provide alternative interim capacity in a manner that 
                is similar to the Interim Capacity and Permanent 
                Capacity that the Band would have received had RCWD 
                provided such Interim Capacity and Permanent Capacity.
            (3) Permanent capacity.--Upon receipt of the Permanent 
        Capacity Notice pursuant to section 5(b) of the ESAA Capacity 
        Agreement, the Secretary, acting through the Bureau of 
        Reclamation, shall enter into negotiations with RCWD and the 
        Band to establish an agreement that will allow for the 
        disbursement of funds from the Pechanga ESAA Delivery Capacity 
        Account in the amount below. Upon execution of said agreement 
        the Secretary shall, subject to the availability of 
        appropriations, using funds from the ESAA Delivery Capacity 
        Account, provide the funding necessary to fulfill the Band's 
        obligations under the ESAA Capacity Agreement for the provision 
        by RCWD of Permanent Capacity to Pechanga in an amount not to 
        exceed $16,900,000, such amount to be adjusted for changes 
        since June 30, 2009, in construction costs as indicated by 
        engineering cost indices applicable to types of construction 
        required to design and construct the Permanent Capacity.
                    (A) The procedure for the Secretary to provide 
                funds pursuant to this section shall be as set forth in 
                the ESAA Capacity Agreement.
                    (B) The Bureau of Reclamation shall be the lead 
                agency for purposes of the implementation of this 
                section.
                    (C) The United States shall have no responsibility 
                or liability for the Permanent Capacity to be provided 
                by RCWD.
                    (D) In the event that RCWD does not provide the 
                Permanent Capacity Notice required pursuant to the ESAA 
                Capacity Agreement within 5 years after the 
                enforceability date, the funds set aside in the 
                Pechanga ESAA Delivery Capacity Account, including any 
                interest that has accrued thereon, for purposes of the 
                provision of Permanent Capacity shall be available for 
                use by the Band to provide alternative permanent 
                capacity in a manner that is similar to the Permanent 
                Capacity that the Band would have received had RCWD 
                provided such Permanent Capacity.

SEC. 9. PECHANGA SETTLEMENT FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States the Pechanga Settlement Fund, consisting of such amounts 
as are deposited in the fund under subsections (a)(1), (a)(2), and 
(a)(3) of section 11.
    (b) Accounts of Pechanga Settlement Fund.--The Secretary shall 
establish in the Pechanga Settlement Fund the following accounts:
            (1) Pechanga Recycled Water Infrastructure Account, 
        consisting of amounts authorized pursuant to section 11(a)(1).
            (2) Pechanga ESAA Delivery Capacity Account, consisting of 
        amounts authorized pursuant to section 11(a)(2).
            (3) Pechanga Water Fund Account, consisting of amounts 
        authorized pursuant to section 11(a)(3).
    (c) Deposits to Pechanga Settlement Fund.--
            (1) In general.--The Secretary of the Treasury shall 
        promptly deposit in the Pechanga Settlement Fund any amounts 
        appropriated for that purpose.
            (2) Deposits to accounts.--The Secretary of the Treasury 
        shall deposit amounts in the accounts of the Pechanga 
        Settlement Fund established under subsection (b).
    (d) Management.--
            (1) In general.--The Secretary shall manage the Pechanga 
        Settlement Fund, make investments from the Pechanga Settlement 
        Fund, and make monies available from the Pechanga Settlement 
        Fund for distribution to the Band consistent with the American 
        Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 
        et seq.) (referred to in this subsection as the ``Trust Fund 
        Reform Act'').
            (2) Investment of pechanga settlement fund.--Upon the 
        enforceability date the Secretary shall invest amounts in the 
        Pechanga Settlement Fund in accordance with--
                    (A) the Act of April 1, 1880 (25 U.S.C. 161);
                    (B) the first section of the Act of June 24, 1938 
                (25 U.S.C. 162a);
                    (C) the obligations of Federal corporations and 
                Federal Government-sponsored entities the charter 
                documents of which provide that the obligations of the 
                entities are lawful investments for federally managed 
                funds, including--
                            (i) the obligations of the United States 
                        Postal Service described in section 2005 of 
                        title 39, United States Code;
                            (ii) bonds and other obligations of the 
                        Tennessee Valley Authority described in section 
                        15d of the Tennessee Valley Authority Act of 
                        1933 (16 U.S.C. 831n-4);
                            (iii) mortgages, obligations, and other 
                        securities of the Federal Home Loan Mortgage 
                        Corporation described in section 303 of the 
                        Federal Home Loan Mortgage Corporation Act (12 
                        U.S.C. 1452); and
                            (iv) bonds, notes, and debentures of the 
                        Commodity Credit Corporation described in 
                        section 4 of the Act of March 8, 1938 (15 
                        U.S.C. 713a-4); and
                    (D) the obligations referred to in section 201 of 
                the Social Security Act (42 U.S.C. 401).
            (3) Distributions from pechanga settlement fund.--
                    (A) In general.--Funds from the Pechanga Settlement 
                Fund shall be used for each purpose described in 
                subparagraphs (B) through (D).
                    (B) Pechanga recycled water infrastructure 
                account.--The Pechanga Recycled Water Infrastructure 
                Account shall be used for expenditures by the Band in 
                accordance with section 8(c).
                    (C) Pechanga esaa delivery capacity account.--The 
                Pechanga ESAA Delivery Capacity Account shall be used 
                for expenditures by the Band in accordance with section 
                8(d).
                    (D) Pechanga water fund account.--The Pechanga 
                Water Fund Account shall be used for--
                            (i) payment of the EMWD Connection Fee;
                            (ii) payment of the MWD Connection Fee; and
                            (iii) any expenses, charges or fees 
                        incurred by the Band in connection with the 
                        delivery or use of water pursuant to the 
                        Pechanga Settlement Agreement.
            (4) Withdrawals by band.--
                    (A) In general.--The Band may withdraw any portion 
                of amounts in the Pechanga Settlement Fund on approval 
                by the Secretary of a tribal management plan in 
                accordance with the Trust Fund Reform Act.
                    (B) Requirements.--
                            (i) In general.--In addition to the 
                        requirements under the Trust Fund Reform Act, 
                        the tribal management plan of the Band under 
                        subparagraph (A) shall require that the Band 
                        spend any amounts withdrawn from the Pechanga 
                        Settlement Fund in accordance with this Act.
                            (ii) Enforcement.--The Secretary may carry 
                        out such judicial or administrative actions as 
                        the Secretary determines to be necessary to 
                        enforce a tribal management plan to ensure that 
                        amounts withdrawn by the Band from the Pechanga 
                        Settlement Fund under this paragraph are used 
                        in accordance with this Act.
                    (C) Liability.--The Secretary and the Secretary of 
                the Treasury shall not be liable for the expenditure or 
                investment of amounts withdrawn from the Pechanga 
                Settlement Fund by the Band under this paragraph.
                    (D) Expenditure plan.--
                            (i) In general.--For each fiscal year, the 
                        Band shall submit to the Secretary for approval 
                        an expenditure plan for any portion of the 
                        amounts described in subparagraph (A) that the 
                        Band elects to withdraw under this paragraph 
                        during the fiscal year.
                            (ii) Inclusion.--An expenditure plan under 
                        clause (i) shall include a description of the 
                        manner in which, and the purposes for which, 
                        funds of the Band remaining in the Pechanga 
                        Settlement Fund will be used during subsequent 
                        fiscal years.
                            (iii) Approval.--On receipt of an 
                        expenditure plan under clause (i), the 
                        Secretary shall approve the plan if the 
                        Secretary determines that the plan is--
                                    (I) reasonable; and
                                    (II) consistent with this Act.
            (5) Annual reports.--The Band shall submit to the Secretary 
        annual reports describing each expenditure by the Band of 
        amounts in the Pechanga Settlement Fund during the preceding 
        calendar year.
            (6) Certain per capita distributions prohibited.--No amount 
        in the Pechanga Settlement Fund shall be distributed to any 
        member of the Band on a per capita basis.
    (e) Availability.--The amounts in the Pechanga Settlement Fund 
shall be available for use by the Secretary and withdrawal by the Band 
beginning on the enforceability date.

SEC. 10. MISCELLANEOUS PROVISIONS.

    (a) Waiver of Sovereign Immunity by the United States.--Except as 
provided in subsections (a) through (c) of section 208 of the 
Department of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing 
in this Act waives the sovereign immunity of the United States.
    (b) Other Tribes Not Adversely Affected.--Nothing in this Act 
quantifies or diminishes any land or water right, or any claim or 
entitlement to land or water, of an Indian tribe, band, or community 
other than the Band.
    (c) Limitation on Claims for Reimbursement.--With respect to Indian 
land within the Reservation--
            (1) the United States shall not submit against any Indian-
        owned land located within the Reservation any claim for 
        reimbursement of the cost to the United States of carrying out 
        this Act and the Pechanga Settlement Agreement; and
            (2) no assessment of any Indian-owned land located within 
        the Reservation shall be made regarding that cost.
    (d) Effect on Current Law.--Nothing in this section affects any 
provision of law (including regulations) in effect on the day before 
the date of enactment of this Act with respect to preenforcement review 
of any Federal environmental enforcement action.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--
            (1) Pechanga recycled water infrastructure account.--There 
        is authorized to be appropriated $6,960,000, such amount to be 
        adjusted for changes since June 30, 2009, in construction costs 
        as indicated by engineering cost indices applicable to types of 
        construction required to design and construct the Storage Pond 
        and the Demineralization and Brine Disposal Project for deposit 
        into the Pechanga Recycled Water Infrastructure Account.
            (2) Pechanga esaa delivery capacity account.--There is 
        authorized to be appropriated $17,900,000, such amount to be 
        adjusted for changes since June 30, 2009, in construction costs 
        as indicated by engineering cost indices applicable to types of 
        construction required to provide the Interim Capacity and the 
        Permanent Capacity for deposit into the Pechanga ESAA Delivery 
        Capacity Account.
            (3) Pechanga water fund account.--There is authorized to be 
        appropriated $25,382,000 for deposit into the Pechanga Water 
        Fund Account for the purposes set forth in section 9(d)(3)(D).

SEC. 12. REPEAL ON FAILURE OF ENFORCEABILITY DATE.

    If the Secretary does not publish a statement of findings under 
section 7(f) by December 31, 2015--
            (1) this Act is repealed effective January 1, 2016, and any 
        action taken by the Secretary and any contract or agreement 
        pursuant to the authority provided under any provision of this 
        Act shall be void;
            (2) any amounts appropriated under section 11, together 
        with any interest on those amounts, shall immediately revert to 
        the general fund of the Treasury; and
            (3) any amounts made available under section 11 that remain 
        unexpended shall immediately revert to the general fund of the 
        Treasury.
                                 <all>
```