(C) there is a process by which an allottee 
may request that the Band provide water for ir-
rigation 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 de-
nied or disputed distribution of water; and 
(ii) resolution of any contested admin-
istrative decision; and 
(E) there is a requirement that any allot-
tee with a claim relating to the enforcement of 
rights of the allottee under the Pechanga Water 
Code or relating to the amount of water allo-
cated to land of the allottee must first exhaust 
remedies available to the allottee under tribal 
law and the Pechanga Water Code before initi-
ating an action against the United States or pe-
titioning the Secretary pursuant to subsection 
(d)(4). 
(3) ACTION BY SECRETARY.— 
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(A) IN GENERAL.—The Secretary shall ad-
minister the Tribal Water Right until the 
Pechanga Water Code is enacted in accordance 
with paragraph (1) and those provisions requir-
ing 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 allot-
tee is approved by the Secretary. 
(C) APPROVAL PERIOD.— 
(i) IN GENERAL.—Except as provided 
by clause (ii), if the Secretary does not ap-
prove 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 ap-
proval, the Pechanga Water Code shall be 
considered to have been approved by the 
Secretary to the extent that it is not incon-
sistent with the Pechanga Settlement 
Agreement or this Act. 
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(ii) MUTUAL
EXTENSION
OF
AP-
PROVAL
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 ex-
tend the approval period. 
(g) EFFECT.—Except as otherwise specifically pro-
vided 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 Agree-
ment and this Act shall satisfy all claims of the Band and 
the allottees waived pursuant to section 7. 
(b) NO RECOGNITION OF WATER RIGHTS.—Notwith-
standing 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. 
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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 Set-
tlement Agreement, and in return for the ratifi-
cation, 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 are authorized to execute waivers for 
any and all of the following claims: 
(i) Claims for water rights in the 
Santa Margarita River Watershed for 
lands located within the Reservation aris-
ing from time immemorial and, thereafter, 
forever. 
(ii) Claims for water rights in the 
Santa Margarita River Watershed that are 
based on aboriginal occupancy for lands 
overlying the Santa Margarita River Wa-
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tershed 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 Set-
tlement Agreement, and in return for the ratifi-
cation, 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 Wa-
tershed for lands located within the Res-
ervation 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 Wa-
tershed for lands located within the Res-
ervation arising or occurring at any time 
after June 30, 2009, resulting from the di-
version or use of water in a manner not in 
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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 includ-
ing June 30, 2009. 
(iv) Claims for subsidence damage 
arising or occurring after June 30, 2009, 
to lands located within the Reservation re-
sulting from the diversion of underground 
water in a manner not in violation of the 
Pechanga Settlement Agreement or this 
Act. 
(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 (ex-
cept as trustee for an Indian tribe other than the 
Band), as part of the performance of obligations 
under the Pechanga Settlement Agreement, is au-
thorized to execute a waiver and release of any and 
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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 occur-
ring 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 occur-
ring 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 occur-
ring at any time up to and including June 30, 
2009; 
(D) claims for subsidence damage arising 
or occurring after June 30, 2009, to lands lo-
cated 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 the 
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protect, acquire, replace, or develop water, 
water rights or water infrastructure) in the 
Santa Margarita River Watershed that first ac-
crued 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 Luisen˜o 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 pend-
ing 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 nego-
tiation, execution, or 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 au-
thorized in this Act, the Band on behalf of itself and its 
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members, and the United States acting in its capacity as 
trustee for the Band and allottees retain— 
(1) claims for enforcement of the Pechanga Set-
tlement 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 rec-
ognized for such lands in the Fallbrook Decree; 
(5) rights to use and protect water rights ac-
quired 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 AGREE-
MENT AND ACT.—Nothing in the Pechanga Settlement 
Agreement or this Act— 
(1) affects the ability of the United States act-
ing in its sovereign capacity to take actions author-
ized by law, including but not limited to any laws re-
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lating to health, safety, or the environment, includ-
ing but not limited to the Clean Water Act, the Safe 
Drinking Water Act, the Comprehensive Environ-
mental 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 du-
ties of the United States or other parties pursu-
ant 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— 
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(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 ex-
pired before the date of enactment of this Act. 
(3) LIMITATION.—Nothing in this section pre-
cludes the tolling of any period of limitations or any 
time-based equitable defense under any other appli-
cable 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 Settle-
ment Fund; 
(3) the waivers and releases authorized in sub-
section (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 there-
to and is effective and enforceable in accordance 
with its terms. 
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SEC. 8. WATER FACILITIES. 
(a) IN GENERAL.—The Secretary shall, subject to the 
availability of appropriations, using funds from the des-
ignated accounts of the Pechanga Settlement Fund, pro-
vide 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 ex-
ceed 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-re-
imbursable. 
(c) RECYCLED WATER INFRASTRUCTURE.— 
(1) IN GENERAL.—The Secretary shall, using 
funds from the Pechanga Recycled Water Infra-
structure 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, sub-
ject 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, 
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2009, in construction costs as indicated by engineer-
ing cost indices applicable to types of construction 
required to design and construct the Storage Pond. 
(3) The procedure for the Secretary to provide 
funds pursuant to this section shall be as set forth 
in the Recycled Water Infrastructure Agreement. 
(4) The Bureau of Reclamation shall be the 
lead agency for purposes of the implementation of 
this section. 
(5) The United States shall have no responsi-
bility or liability for the Storage Pond to be designed 
and constructed by RCWD. 
(6) 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 United 
States Treasury. 
(7) 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, act-
ing through the Bureau of Reclamation, shall enter 
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into negotiations with RCWD and the Band to es-
tablish 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 ap-
propriations, provide the funding necessary to fulfill 
the Band’s obligations under the Recycled Water In-
frastructure Agreement for the design and construc-
tion 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 engi-
neering cost indices applicable to types of construc-
tion 
required 
to 
design 
and 
construct 
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 
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the provision by RCWD of Interim Capacity to the 
Band in an amount not to exceed $1,000,000. 
(3) PERMANENT
CAPACITY.—Upon receipt of 
the Permanent Capacity Notice pursuant to section 
5(b) of the ESAA Capacity Agreement, the Sec-
retary, 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 Ac-
count, provide the funding necessary to fulfill the 
Band’s obligations under the ESAA Capacity Agree-
ment for the provision by RCWD of Permanent Ca-
pacity 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 con-
struct the Permanent Capacity. 
(e) PROCEDURE.—The procedure for the Secretary to 
provide funds pursuant to this section shall be as set forth 
in the ESAA Capacity Agreement. 
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(f) LEAD AGENCY.—The Bureau of Reclamation 
shall be the lead agency for purposes of the implementa-
tion of this section. 
(g) LIABILITY.—The United States shall have no re-
sponsibility or liability for the Permanent Capacity to be 
provided by RCWD. 
(h) AVAILABILITY OF FUNDS FOR CERTAIN PUR-
POSE.—In the event that RCWD does not provide the Per-
manent 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 Ca-
pacity 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 re-
ceived 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. 
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(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 Treas-
ury shall promptly deposit in the Pechanga Settle-
ment Fund any amounts appropriated for that pur-
pose. 
(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 
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Fund for distribution to the Band consistent with 
the American Indian Trust Fund Management Re-
form 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 ob-
ligations 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 Au-
thority Act of 1933 (16 U.S.C. 831n–4); 
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(iii) mortgages, obligations, and other 
securities of the Federal Home Loan Mort-
gage Corporation described in section 303 
of the Federal Home Loan Mortgage Cor-
poration Act (12 U.S.C. 1452); and 
(iv) bonds, notes, and debentures of 
the Commodity Credit Corporation de-
scribed 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 SETTLE-
MENT 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 INFRA-
STRUCTURE
ACCOUNT.—The Pechanga Recy-
cled 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 Ca-
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