HR 4841 IH
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress finds the following: 
(1) The Soboba Band of Luisen˜o Indians is a 
federally recognized Indian tribe whose Reservation 
of approximately 6,000 acres, extending east and 
north from the banks of the San Jacinto River in 
Riverside County, California, was created by an Ex-
ecutive Order dated June 19, 1883, and enlarged 
and modified by subsequent Executive Orders, pur-
chases, and an Act of Congress. 
(2) The Tribe’s water rights have not been 
quantified, and the Tribe has asserted claims for 
interferences with the water resources of its Res-
ervation, which the Tribe maintains have rendered 
much of the Tribe’s Reservation useless for habi-
tation, livestock, or Agriculture. On April 20, 2000, 
the Tribe filed a lawsuit against The Metropolitan 
Water District of Southern California for inter-
ference with the Tribe’s water resources and dam-
ages 
to 
its 
Reservation 
allegedly 
caused 
by 
Metropolitan’s construction and operation of the San 
Jacinto Tunnel, which is part of the Colorado River 
Aqueduct. The lawsuit, styled Soboba Band of 
Luisen˜o Indians v. Metropolitan Water District of 
Southern California, No. 00–04208 GAF (MANx), 
VerDate Aug 31 2005 
03:06 Jan 03, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4841.IH
H4841
bajohnson on PROD1PC77 with BILLS
HR 4841 IH
is pending in the United States District Court for 
the Central District of California. 
(3) The Tribe also has made claims against 
Eastern Municipal Water District and Lake Hemet 
Municipal Water District, located adjacent to the 
Reservation, seeking to secure its water rights and 
damages arising from alleged past interference with 
the Tribe’s water resources. 
(4) After negotiations, which included participa-
tion by representatives of the Tribe, the United 
States on behalf of the Tribe, The Metropolitan 
Water District of Southern California, Eastern Mu-
nicipal Water District, and Lake Hemet Municipal 
Water District, a Settlement Agreement has been 
developed to determine the Tribe’s water rights, re-
solve all of its claims for interference with the water 
resources of, and damages to, its Reservation, pro-
vide for the construction of water projects to facili-
tate the exercise of the Tribe’s rights, and resolve 
the lawsuit referenced in paragraph (2) of this sec-
tion. 
(5) The Settlement Agreement provides that— 
(A) Eastern Municipal Water District and 
Lake Hemet Municipal Water District acknowl-
edge and assure the Tribe’s prior and para-
VerDate Aug 31 2005 
03:06 Jan 03, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4841.IH
H4841
bajohnson on PROD1PC77 with BILLS
HR 4841 IH
mount right, superior to all others, to pump 
9,000 acre-feet of water annually from the San 
Jacinto River basin in accordance with the limi-
tations and other conditions set forth in the 
Settlement Agreement; 
(B) Eastern Municipal Water District and 
The Metropolitan Water District of Southern 
California will contract to supply water to East-
ern Municipal Water District and Eastern Mu-
nicipal Water District will use this water to re-
charge water supplies into the basin; and 
(C) the three water districts will make sub-
stantial additional contributions to the settle-
ment, including the conveyance of certain re-
placement lands and economic development 
funds to the Tribe, to carry out the Settlement 
Agreement’s provisions. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to approve, ratify, and confirm the Settle-
ment Agreement entered into by the Tribe and non- 
Indians entities; 
(2) to achieve a fair, equitable, and final settle-
ment of all claims of the Soboba Band of Luisen˜o 
Indians, its members, and the United States on be-
VerDate Aug 31 2005 
03:06 Jan 03, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4841.IH
H4841
bajohnson on PROD1PC77 with BILLS
HR 4841 IH
half of the Tribe and its members, to the water of 
the San Jacinto River basin; 
(3) to authorize and direct the Secretary of the 
Interior to execute and perform all obligations of the 
Secretary under the Settlement Agreement; and 
(4) to authorize the actions and appropriations 
necessary to meet obligations of the United States 
under the Settlement Agreement and this Act. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) RESTORATION FUND.—The term ‘‘Restora-
tion Fund’’ means the San Jacinto Basin Restora-
tion Fund established by section 6. 
(2) DEVELOPMENT FUND.—The term ‘‘Devel-
opment Fund’’ means the Soboba Band of Luisen˜o 
Indians Water Development Fund established by 
section 7. 
(3) RESERVATION.— 
(A) IN
GENERAL.—The term ‘‘Reserva-
tion’’ means the Soboba Indian Reservation cre-
ated by Executive Order dated June 19, 1883, 
and enlarged and modified as of the date of en-
actment of this Act by Executive Orders and an 
Act of Congress. 
VerDate Aug 31 2005 
03:06 Jan 03, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4841.IH
H4841
bajohnson on PROD1PC77 with BILLS
HR 4841 IH
(B) EXCLUSIONS.—For the purposes of 
this Act, the term ‘‘Reservation’’ does not in-
clude— 
(i) the 950 acres northwest of and 
contiguous to the Reservation known as 
the ‘‘Jones Ranch’’, purchased by the 
Soboba Tribe in fee on July 21, 2001, and 
placed into trust on January 13, 2003; 
(ii) the 535 acres southeast of and 
contiguous to the Reservation known as 
the ‘‘Horseshoe Grande’’, purchased by the 
Soboba Tribe in fee in seven separate 
transactions in June and December 2001, 
December 2004, June 2006, and January 
2007; and 
(iii) the 478 acres north of and con-
tiguous to the Reservation known as ‘‘The 
Oaks’’, purchased by the Soboba Tribe in 
fee on April 4, 2004. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior or a designee of the 
Secretary. 
(5) 
SETTLEMENT
AGREEMENT.—The 
term 
‘‘Settlement Agreement’’ means that agreement 
dated June 7, 2006, as amended to be consistent 
VerDate Aug 31 2005 
03:06 Jan 03, 2008
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4841.IH
H4841
bajohnson on PROD1PC77 with BILLS
HR 4841 IH
with this Act, together with all exhibits thereto. The 
parties to the Settlement Agreement are the Soboba 
Band of Luisen˜o Indians and its members, the 
United States on behalf of the Tribe and its mem-
bers, The Metropolitan Water District of Southern 
California, Eastern Municipal Water District, and 
Lake Hemet Municipal Water District. 
(6) TRIBE, SOBOBA TRIBE, OR SOBOBA BAND 
OF LUISEN˜O INDIANS.—The terms ‘‘Tribe’’, ‘‘Soboba 
Tribe’’, or ‘‘Soboba Band of Luisen˜o Indians’’ 
means the body politic and federally recognized In-
dian tribe, and its members. 
(7) WATER
MANAGEMENT
PLAN.—The term 
‘‘Water Management Plan’’ means the plan, ap-
proved by the Soboba Tribe and the Secretary, de-
veloped pursuant to section 4.8, paragraph A of the 
Settlement Agreement to resolve the overdraft of the 
San Jacinto basin. 
SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT; AU-
THORIZATION. 
(a) IN GENERAL.—The United States hereby ap-
proves, ratifies, and confirms the Settlement Agreement, 
except to the extent it conflicts with the provisions of this 
Act. 
VerDate Aug 31 2005 
03:06 Jan 03, 2008
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4841.IH
H4841
bajohnson on PROD1PC77 with BILLS
HR 4841 IH
age infrastructure, and other water-related development 
projects. 
(c) LIMITATION.—No funding of any construction, 
operation, maintenance, or replacement other than those 
funds authorized under subsections (a) and (b) shall be 
the responsibility of the Federal Government under the 
Settlement Agreement or this Act. 
SEC. 6. RESTORATION FUND. 
(a) ESTABLISHMENT.—There shall be established 
within the Treasury of the United States a non-interest 
bearing account to be known as the ‘‘San Jacinto Basin 
Restoration Fund’’, consisting of the amounts authorized 
to be appropriated in section 5(a) of this Act. 
(b) ADMINISTRATION.—The Restoration Fund shall 
be administered by the Secretary for the purposes set 
forth in subsection (d) of this section. 
(c) AVAILABILITY.—The funds authorized to be ap-
propriated pursuant to section 5(a) of this Act shall be 
available for expenditure or withdrawal only after the ef-
fective date set forth in section 10(a). 
(d) EXPENDITURES AND WITHDRAWALS.— 
(1) EXPENDITURE PLAN.— 
(A) 
IN
GENERAL.—Eastern 
Municipal 
Water District, on behalf of the Water Manage-
ment Plan, shall submit to the Secretary for ap-
VerDate Aug 31 2005 
03:06 Jan 03, 2008
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4841.IH
H4841
bajohnson on PROD1PC77 with BILLS
HR 4841 IH
proval an expenditure plan for use of the Res-
toration Fund. 
(B) 
REQUIREMENTS.—The 
expenditure 
plan shall require that any funds be expended 
or reimbursed in accordance with the purposes 
described in section 5(a) of this Act. 
(2) WITHDRAWALS.—On approval by the Sec-
retary of the expenditure plan described in this sec-
tion, Eastern Municipal Water District, on behalf of 
the Water Management Plan, may expend or be re-
imbursed monies from the Restoration Fund as pro-
vided in the plan. 
(3) ENFORCEMENT.—The Secretary may take 
judicial or administrative action to enforce the provi-
sions of any expenditure plan to ensure that monies 
expended or reimbursed from the Restoration Fund 
under the plan are used in accordance with this Act. 
(4) LIABILITY.—If Eastern Municipal Water 
District, on behalf of the Water Management Plan, 
exercises the right to expend or be reimbursed mon-
ies from the Restoration Fund, neither the Secretary 
nor the Secretary of the Treasury shall have any li-
ability for the expenditure or reimbursement. 
(5) 
ANNUAL
REPORT.—Eastern 
Municipal 
Water District shall submit to the Tribe and the 
VerDate Aug 31 2005 
03:06 Jan 03, 2008
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4841.IH
H4841
bajohnson on PROD1PC77 with BILLS
HR 4841 IH
Secretary an annual report that describes all ex-
penditures or reimbursements from the Restoration 
Fund during the year covered by the report. 
SEC. 7. DEVELOPMENT FUND. 
(a) ESTABLISHMENT.—There shall be established 
within the Treasury of the United States an interest bear-
ing account to be known as the ‘‘Soboba Band of Luisen˜o 
Indians Water Development Fund’’, to be managed and 
invested by the Secretary, consisting of the amounts au-
thorized to be appropriated in section 5(b). 
(b) MANAGEMENT.—The Secretary shall manage the 
Development Fund, make investments, and make monies 
available for distribution consistent with the American In-
dian Trust Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.) (referred to in this section as the 
‘‘Trust Fund Reform Act’’), this Act, and the Settlement 
Agreement. 
(c) 
INVESTMENT.—The 
Secretary 
shall 
invest 
amounts in the Development Fund in accordance with— 
(1) the Act of April 1, 1880 (21 Stat. 70, ch. 
41, 25 U.S.C. 161); 
(2) the first section of the Act of June 24, 
1938 (52 Stat. 1037, ch. 648, 25 U.S.C. 162a); and 
(3) subsection (b) of this section. 
VerDate Aug 31 2005 
03:06 Jan 03, 2008
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4841.IH
H4841
bajohnson on PROD1PC77 with BILLS
HR 4841 IH
(d) AVAILABILITY.—The funds authorized to be ap-
propriated pursuant to section 5(b) of this Act shall be 
available for expenditure or withdrawal only after the ef-
fective date set forth in section 10(a). 
(e) EXPENDITURES AND WITHDRAWALS.— 
(1) TRIBAL MANAGEMENT PLAN.— 
(A) IN GENERAL.—The Tribe may with-
draw all or part of the Development Fund on 
approval by the Secretary of a tribal manage-
ment plan as described in the Trust Fund Re-
form Act. 
(B) REQUIREMENTS.—In addition to the 
requirements under the Trust Fund Reform 
Act, the tribal management plan shall require 
that any funds be expended or reimbursed in 
accordance with the purposes described in sec-
tion 5(b) of this Act. 
(C) ENFORCEMENT.—The Secretary may 
take judicial or administrative action to enforce 
the provisions of any tribal management plan to 
ensure that monies withdrawn from the Devel-
opment Fund under the plan are used in ac-
cordance with this Act. 
(D) LIABILITY.—If the Tribe exercises the 
right to withdraw monies from the Development 
VerDate Aug 31 2005 
03:06 Jan 03, 2008
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4841.IH
H4841
bajohnson on PROD1PC77 with BILLS
HR 4841 IH
Fund, neither the Secretary nor the Secretary 
of the Treasury shall retain any liability for the 
expenditure or investment. 
(2) EXPENDITURE PLAN.— 
(A) IN GENERAL.—The Tribe shall submit 
to the Secretary for approval an expenditure 
plan for any portion of the amounts made avail-
able under section 5(b) that the Tribe does not 
withdraw under this subsection. 
(B) DESCRIPTION.—The expenditure plan 
shall describe the manner in which, and the 
purposes for which, amounts of the Tribe re-
maining in the Funds will be used. 
(C) APPROVAL.—On receipt of an expendi-
ture plan under subparagraph (A), the Sec-
retary shall approve the plan if the Secretary 
determines that the plan is reasonable and con-
sistent with this Act and the Agreement. 
(3) ANNUAL REPORT.—The Tribe shall submit 
to the Secretary an annual report that describes all 
expenditures from the Development Fund during the 
year covered by the report. 
(4) NO PER CAPITA DISTRIBUTIONS.—No part 
of the Development Fund shall be distributed on a 
per capita basis to members of the Tribe. 
VerDate Aug 31 2005 
03:06 Jan 03, 2008
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4841.IH
H4841
bajohnson on PROD1PC77 with BILLS
HR 4841 IH
SEC. 8. WAIVERS AND RELEASES. 
(a) TRIBE AND UNITED STATES AUTHORIZATION.— 
The Tribe, on behalf of itself and its members, and the 
Secretary, on behalf of the United States in its capacity 
as trustee for the Tribe and its members, are authorized, 
as part of the performance of their obligations under the 
Settlement Agreement, to execute a waiver and release for 
claims under Federal, State, or other law against The 
Metropolitan Water District of Southern California, East-
ern Municipal Water District, and Lake Hemet Municipal 
Water District, for any and all— 
(1) past, present, and future claims to surface 
water and groundwater rights for the Reservation 
arising from time immemorial through the effective 
date described in section 10 of this Act and anytime 
thereafter, except claims to enforce the Settlement 
Agreement or claims based on water rights acquired 
after the effective date described in section 10 of 
this Act; 
(2) past, present, and future claims for injury 
of any kind arising from interference with surface 
water and groundwater resources and water rights 
of the Reservation, including, but not limited to, all 
claims for injury to the Tribe’s use and enjoyment 
of the Reservation, economic development, religion, 
language, social structure and culture, and injury to 
VerDate Aug 31 2005 
03:06 Jan 03, 2008
Jkt 069200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H4841.IH
H4841
bajohnson on PROD1PC77 with BILLS
HR 4841 IH
SEC. 9. MISCELLANEOUS PROVISIONS. 
(a) JURISDICTION.— 
(1) NO EFFECT ON SUBJECT MATTER JURIS-
DICTION.—Nothing in the Agreement or this Act re-
stricts, enlarges, or otherwise determines the subject 
matter jurisdiction of any Federal, State, or Tribal 
court. 
(2) JUDGMENT
AND
DECREE.—The United 
States consents to jurisdiction in the United States 
District Court for the Central District of California 
case known as Soboba Band of Luisen˜o Indians v. 
Metropolitan Water District of Southern California, 
No. 00–04208 for the purpose of obtaining approval 
for a judgment and decree substantially the same as 
the judgment and decree attached to the Settlement 
Agreement as exhibit H. 
(3) EFFECT OF SUBSECTION.—Nothing in this 
subsection confers jurisdiction on any State court 
to— 
(A) enforce Federal environmental laws re-
garding the duties of the United States; or 
(B) conduct judicial review of Federal 
agency action. 
(b) USE OF WATER.— 
(1) TRIBAL USE.—With respect to water rights 
made available under the Settlement Agreement— 
VerDate Aug 31 2005 
03:06 Jan 03, 2008
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H4841.IH
H4841
bajohnson on PROD1PC77 with BILLS
HR 4841 IH
(A) the Tribe may use water made avail-
able to it under the Settlement Agreement for 
any use it deems advisable on the Reservation 
and on any other lands it owns or may acquire, 
in fee or in trust, contiguous to the Reservation 
or within the area of the groundwater basin de-
scribed in section 2.4 of the Settlement Agree-
ment; 
(B) such water rights shall be held in trust 
by the United States in perpetuity, and shall 
not be subject to forfeiture or abandonment; 
and 
(C) State law shall not apply to the Tribe’s 
use of water made available to it under the Set-
tlement Agreement. 
(2) NON-TRIBAL USE.— 
(A) CONTRACTS AND OPTIONS.—Subject to 
the limitations in subparagraph (B), the Tribe 
may enter into contracts and options to lease or 
contracts and options to exchange water made 
available to it under the Settlement Agreement, 
or enter into contracts and options to postpone 
existing water uses or postpone undertaking 
new or expanded water uses. 
(B) LIMITATIONS ON NON-TRIBAL USE.— 
VerDate Aug 31 2005 
03:06 Jan 03, 2008
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H4841.IH
H4841
bajohnson on PROD1PC77 with BILLS
HR 4841 IH
(i) CONSISTENCY WITH WATER MAN-
AGEMENT PLAN.—Any water made avail-
able under subparagraph (A) shall only be 
used by participants in, or other users 
within the area of, the Water Management 
Plan described in section 2.32 of the Set-
tlement Agreement. 
(ii) PROHIBITION
ON
PERMANENT 
ALIENATION.—No contract under subpara-
graph (A) shall be for a term exceeding 
one hundred years, nor shall any contract 
under subparagraph (A) provide for per-
manent alienation of any portion of the 
water rights made available under the Set-
tlement Agreement. 
(C) LIABILITY.—The Secretary shall not 
be liable to any party, including the Tribe, for 
any term of, or any loss or other detriment re-
sulting from, a lease or contract entered into 
pursuant to this subparagraph. 
(c) RETENTION OF RIGHTS.— 
(1) In the event the waivers and releases set 
out in section 8 of this Act do not become effective 
pursuant to section 10(a) of this Act, the Soboba 
Tribe and the United States shall retain the right to 
VerDate Aug 31 2005 
03:06 Jan 03, 2008
Jkt 069200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H4841.IH
H4841
bajohnson on PROD1PC77 with BILLS
HR 4841 IH
assert all rights and claims enumerated in section 8, 
and any claims or defenses of the parties to the Set-
tlement Agreement shall also be retained. 
(2) The parties expressly reserve all rights not 
specifically granted, recognized, waived, or released 
by the Settlement Agreement or this Act. 
(3) Notwithstanding the waivers and releases 
set forth in section 8(a), the United States retains 
all claims relating to violations of the Clean Water 
Act, the Safe Drinking Water Act, the Comprehen-
sive Environmental Response, Compensation, and 
Liability Act, Resource Conservation and Recovery 
Act, and the regulations implementing these Acts, 
including, but not limited to claims related to water 
quality. 
(d) PRECEDENT.—Nothing in this Act establishes 
any standard for the quantification or litigation of Federal 
reserved water rights or any other Indian water claims of 
any other Indian tribes in any other judicial or administra-
tive proceeding. 
(e) OTHER INDIAN TRIBES.—Nothing in the Settle-
ment Agreement or this Act shall be construed in any way 
to quantify or otherwise adversely affect the water rights, 
claims, or entitlements to water of any Indian tribe, band, 
or community, other than the Soboba Tribe. 
VerDate Aug 31 2005 
03:06 Jan 03, 2008
Jkt 069200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H4841.IH
H4841
bajohnson on PROD1PC77 with BILLS
HR 4841 IH
(f) ENVIRONMENTAL COMPLIANCE.— 
(1) Signing by the Secretary of the Settlement 
Agreement does not constitute major Federal action 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
(2) The Secretary is directed to carry out all 
environmental compliance required by Federal law in 
implementing the Agreement. 
SEC. 10. EFFECTIVE DATE. 
(a) IN GENERAL.—The waivers and releases author-
ized in subsection (a) of section 8 of this Act shall become 
effective as of the date the Secretary causes to be pub-
lished in the Federal Register a statement of findings 
that— 
(1) this Act has been enacted; 
(2) to the extent that the Settlement Agreement 
conflicts with this Act, the Settlement Agreement 
has been revised to conform with the Act; 
(3) the Settlement Agreement, revised as nec-
essary, and the waivers and releases described in ar-
ticle 5 of the Settlement Agreement and section 8(a) 
of this Act have been executed by the parties and 
the Secretary; 
VerDate Aug 31 2005 
03:06 Jan 03, 2008
Jkt 069200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H4841.IH
H4841
bajohnson on PROD1PC77 with BILLS
HR 4841 IH
(4) warranty deeds for the property to be con-
veyed to the Tribe described in section 4.6 of the 
Settlement Agreement have been placed in escrow; 
(5) the Tribe and the Secretary have approved 
the Water Management Plan; and 
(6) the judgment and decree attached to the 
Settlement Agreement as exhibit H or a judgment 
and decree substantially the same as exhibit H has 
been approved by the United States District Court, 
Eastern Division of the Central District of Cali-
fornia, and that judgment and decree has become 
final and nonappealable. 
(b) DEADLINE FOR EFFECTIVE DATE.—If the condi-
tions precedent required under subsection (a) of this sec-
tion have not been fulfilled by March 1, 2012, the Settle-
ment Agreement and this Act shall not thereafter be effec-
tive and shall be null and void, and any funds and the 
interest accrued thereon appropriated pursuant to section 
5 shall revert to the general fund of the United States 
Treasury. 
Æ 
VerDate Aug 31 2005 
03:06 Jan 03, 2008
Jkt 069200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6301
E:\BILLS\H4841.IH
H4841
bajohnson on PROD1PC77 with BILLS