(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 amounts 
necessary for the implementation of the Pechanga 
Settlement Agreement and this Act. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADJUDICATION COURT.—The term ‘‘Adju-
dication Court’’ means the United States District 
Court for the Southern District of California, which 
exercises continuing jurisdiction over the Adjudica-
tion 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 litiga-
tion initiated to interpret or enforce the relative 
water rights in the Santa Margarita River Water-
shed pursuant to the continuing jurisdiction of the 
Adjudication Court over the Fallbrook Decree. 
(3) AFY.—The term ‘‘AFY’’ means acre-feet 
per year. 
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(4) ALLOTTEE.—The term ‘‘allottee’’ means a 
member of a federally recognized Indian tribe 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.— 
(A) IN
GENERAL.—The term ‘‘Band’’ 
means the Pechanga Band of Luisen˜o Mission 
Indians, a federally recognized sovereign Indian 
tribe that functions as a custom and tradition 
Indian tribe, acting on behalf of itself and its 
members. 
(B) EXCLUSION.—The term ‘‘Band’’ does 
not include an individual member of the Band 
acting in the capacity of an allottee. 
(6) CLAIMS.—The term ‘‘claims’’ means rights, 
claims, demands, actions, compensation, or causes of 
action, whether known or unknown, as of June 30, 
2009. 
(7) EMWD.—The term ‘‘EMWD’’ means East-
ern Municipal Water District, a municipal water dis-
trict organized and existing in accordance with the 
Municipal Water District Law of 1911, Division 20 
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of the Water Code of the State of California, as 
amended. 
(8) 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. 
(9) ENFORCEABILITY
DATE.—The term ‘‘en-
forceability date’’ means the date on which the Sec-
retary publishes in the Federal Register the state-
ment of findings described in section 7(e). 
(10) ESAA CAPACITY AGREEMENT.—The term 
‘‘ESAA Capacity Agreement’’ means the ‘‘Agree-
ment to Provide Capacity for Delivery of ESAA 
Water’’ among the Band, RCWD, and the United 
States. 
(11) ESAA WATER.—The term ‘‘ESAA Water’’ 
means imported potable water that the Band re-
ceives from EMWD and MWD pursuant to the Ex-
tension of Service Area Agreement. 
(12) EXTENSION
OF
SERVICE
AREA
AGREE-
MENT.—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 the provision of 
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water service by EMWD to a designated portion of 
the Reservation using water supplied by MWD. 
(13) FALLBROOK DECREE.— 
(A) IN
GENERAL.—The term ‘‘Fallbrook 
Decree’’ means the ‘‘Modified Final Judgment 
And Decree’’, entered in the Adjudication Pro-
ceeding on April 6, 1966. 
(B) INCLUSIONS.—The term ‘‘Fallbrook 
Decree’’ includes all court orders, interlocutory 
judgments, and decisions supplemental to the 
‘‘Modified Final Judgment And Decree’’, in-
cluding Interlocutory Judgment No. 30, Inter-
locutory Judgment No. 35, and Interlocutory 
Judgment No. 41. 
(14) FUND.—The term ‘‘Fund’’ means the 
Pechanga Settlement Fund established by section 9. 
(15) 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). 
(16) 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. 
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(17) INTERIM CAPACITY.—The term ‘‘Interim 
Capacity’’ has the meaning set forth in section 1 of 
the ESAA Capacity Agreement. 
(18) INTERIM
CAPACITY
NOTICE.—The term 
‘‘Interim Capacity Notice’’ has the meaning set 
forth in section 4(b) of the ESAA Capacity Agree-
ment. 
(19) MWD.—The term ‘‘MWD’’ means the 
Metropolitan Water District of Southern California, 
a metropolitan water district organized and incor-
porated under the Metropolitan Water District Act 
of the State of California (Stats. 1969, Chapter 209, 
as amended). 
(20) 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. 
(21) PECHANGA ESAA DELIVERY CAPACITY AC-
COUNT.—The term ‘‘Pechanga ESAA Delivery Ca-
pacity account’’ means the account established by 
section 9(c)(2). 
(22) PECHANGA
RECYCLED
WATER
INFRA-
STRUCTURE ACCOUNT.—The term ‘‘Pechanga Recy-
cled Water Infrastructure account’’ means the ac-
count established by section 9(c)(1). 
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(23) PECHANGA SETTLEMENT AGREEMENT.— 
The term ‘‘Pechanga Settlement Agreement’’ means 
the Pechanga Settlement Agreement, together with 
the exhibits to that agreement, entered into by the 
Band, the United States on behalf of the Band, its 
members and allottees, RCWD, and EMWD. 
(24) PECHANGA
WATER
CODE.—The term 
‘‘Pechanga Water Code’’ means a water code to be 
adopted by the Band in accordance with section 5(f). 
(25) PECHANGA WATER FUND ACCOUNT.—The 
term ‘‘Pechanga Water Fund account’’ means the 
account established by section 9(c)(3). 
(26) PECHANGA WATER QUALITY ACCOUNT.— 
The term ‘‘Pechanga Water Quality account’’ means 
the account established by section 9(c)(4). 
(27) PERMANENT CAPACITY.—The term ‘‘Per-
manent Capacity’’ has the meaning set forth in sec-
tion 1 of the ESAA Capacity Agreement. 
(28) PERMANENT
CAPACITY
NOTICE.—The 
term ‘‘Permanent Capacity Notice’’ has the meaning 
set forth in section 5(b) of the ESAA Capacity 
Agreement. 
(29) RCWD.— 
(A) IN
GENERAL.—The term ‘‘RCWD’’ 
means the Rancho California Water District or-
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ganized pursuant to section 34000 et seq. of 
the California Water Code. 
(B) INCLUSIONS.—The term ‘‘RCWD’’ in-
cludes all real property owners for whom 
RCWD acts as an agent pursuant to an agency 
agreement. 
(30) 
RECYCLED
WATER
INFRASTRUCTURE 
AGREEMENT.—The term ‘‘Recycled Water Infra-
structure Agreement’’ means the ‘‘Agreement for 
Recycled Water Infrastructure’’ among the Band, 
RCWD, and the United States. 
(31) RECYCLED
WATER
TRANSFER
AGREE-
MENT.—The term ‘‘Recycled Water Transfer Agree-
ment’’ means the ‘‘Recycled Water Transfer Agree-
ment’’ between the Band and RCWD. 
(32) RESERVATION.— 
(A) IN
GENERAL.—The term ‘‘Reserva-
tion’’ means the land depicted on the map at-
tached to the Pechanga Settlement Agreement 
as exhibit I. 
(B) APPLICABILITY OF TERM.—The term 
‘‘Reservation’’ shall be used solely for the pur-
poses of the Pechanga Settlement Agreement. 
(33) SANTA MARGARITA RIVER WATERSHED.— 
The term ‘‘Santa Margarita River Watershed’’ 
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essary to implement the Pechanga Settlement 
Agreement. 
(3) LEAD AGENCY.—The Bureau of Reclama-
tion shall be designated as the lead agency with re-
spect to environmental compliance. 
SEC. 5. TRIBAL WATER RIGHT. 
(a) INTENT OF CONGRESS.—It is the intent of Con-
gress to provide to each allottee benefits that are equal 
to or exceed the benefits allottees possess as of the date 
of enactment of this Act, taking into consideration— 
(1) the potential risks, cost, and time delay as-
sociated 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.— 
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(A) IN
GENERAL.—The Tribal Water 
Right shall be equal to 4,994 AFY of water 
that is subject to the jurisdiction of the Adju-
dication Court. 
(B) PRIORITY DATES.—The priority date 
for— 
(i) 3,019 AFY of the Tribal Water 
Right shall be June 27, 1882; 
(ii) 182 AFY of the Tribal Water 
Right shall be August 29, 1893; 
(iii) 729 AFY of the Tribal Water 
Right shall be January 9, 1907; 
(iv) 563 AFY of the Tribal Water 
Right shall be March 11, 1907; and 
(v) 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, the 
Fallbrook Decree, and applicable Federal law, the 
Band may use the Tribal Water Right for any pur-
pose on or off the Reservation. 
(c) HOLDING IN TRUST.—The Tribal Water Right— 
(1) shall be held in trust by the United States 
on behalf of the Band and the allottees in accord-
ance with this section; and 
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(2) shall not be subject to forfeiture or aban-
donment. 
(d) ALLOTTEES.— 
(1) APPLICABILITY OF ACT OF FEBRUARY 8, 
1887.—The provisions of section 7 of the Act of Feb-
ruary 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 entitle-
ment to water of an allottee with allotted land lo-
cated within the exterior boundaries of the Reserva-
tion under Federal law shall be satisfied from the 
Tribal Water Right. 
(3) ALLOCATIONS.—Allotted land of an allottee 
that is located within the exterior boundaries of the 
Reservation shall be entitled to a just and equitable 
allocation of water for irrigation purposes from the 
water resources described in the Pechanga Settle-
ment Agreement. 
(4) EXHAUSTION
OF
REMEDIES.—Before as-
serting 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. 
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(5) 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. 
(6) AUTHORITY.—The Secretary shall have the 
authority to protect the rights of allottees as speci-
fied in this section. 
(e) AUTHORITY OF BAND.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Band shall have authority to use, al-
locate, distribute, and lease the Tribal Water Right 
in accordance with— 
(A) the Pechanga Settlement Agreement; 
and 
(B) applicable Federal law. 
(2) LEASES BY ALLOTTEES.—An allottee may 
lease any interest in land held by the allottee, to-
gether with any water right determined to be appur-
tenant to that interest in land. 
(f) PECHANGA WATER CODE.— 
(1) IN GENERAL.—Not later than 18 months 
after the enforceability date, the Band shall enact a 
Pechanga Water Code, that provides for— 
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(A) the management, regulation, and gov-
ernance of all uses of the Tribal Water Right 
in accordance with the Pechanga Settlement 
Agreement; and 
(B) establishment by the Band of condi-
tions, permit requirements, and other limita-
tions relating to the storage, recovery, and use 
of the Tribal Water Right in accordance with 
the Pechanga Settlement Agreement. 
(2) INCLUSIONS.—The Pechanga Water Code 
shall provide— 
(A) that allocations of water to allottees 
shall be satisfied with water from the Tribal 
Water Right; 
(B) that charges for delivery of water for 
irrigation purposes for allottees shall be as-
sessed in accordance with section 7 of the Act 
of February 8, 1887 (25 U.S.C. 381); 
(C) a process by which an allottee or water 
user on allotted land may request that the 
Band provide water for irrigation use in accord-
ance with this Act; 
(D) a due process system for the consider-
ation and determination by the Band of any re-
quest by an allottee, water user on allotted 
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land, 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) a requirement that any allottee or 
water user on allotted land with a claim relat-
ing to the enforcement of rights of the allottee 
or water user under the Pechanga Water Code 
or relating to the amount of water allocated to 
land of the allottee shall first exhaust remedies 
available to the allottee under tribal law and the 
Pechanga Water Code before initiating an ac-
tion against the United States or petitioning 
the Secretary pursuant to subsection (d)(4). 
(3) ACTION BY SECRETARY.— 
(A) IN GENERAL.—The Secretary shall ad-
minister the Tribal Water Right until the 
Pechanga Water Code is enacted and approved 
in accordance with this section. 
(B) APPROVAL.—Any provision of the 
Pechanga Water Code and any amendment to 
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the Pechanga Water Code that affects the 
rights of allottees shall— 
(i) be subject to the approval of the 
Secretary; and 
(ii) not be valid until the date on 
which the amendment is approved by the 
Secretary. 
(C) APPROVAL
PERIOD.—The Secretary 
shall approve or disapprove the Pechanga 
Water Code within a reasonable period of time 
after the date on which the Band submits the 
Pechanga Water Code to the Secretary for ap-
proval. 
(g) EFFECT.—Except as otherwise specifically pro-
vided in this section, nothing in this Act— 
(1) authorizes any action by an allottee or 
water user on allotted land 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-
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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.—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. 
(c) CLAIMS RELATING TO DEVELOPMENT OF WATER 
FOR RESERVATION.— 
(1) IN GENERAL.—The amounts authorized to 
be appropriated under section 11 shall be used to 
satisfy any claim of the allottees against the United 
States with respect to the development or protection 
of water resources for the Reservation. 
(2) SATISFACTION OF CLAIMS.—On the com-
plete appropriation of amounts authorized to be ap-
propriated under section 11, any claim of the 
allottees against the United States with respect to 
the development or protection of water resources for 
the Reservation shall be deemed to have been satis-
fied. 
SEC. 7. WAIVER OF CLAIMS. 
(a) IN GENERAL.— 
(1) WAIVER OF CLAIMS BY THE BAND AND THE 
UNITED STATES.— 
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(A) IN GENERAL.—Subject to the retention 
of rights set forth in subsection (c), notwith-
standing any provisions to the contrary in the 
Pechanga Settlement Agreement, the Band, and 
the United States on behalf of the Band and 
allottees, are authorized to execute waivers for 
any and all claims for water rights in the Santa 
Margarita River Watershed— 
(i) for land located within the Res-
ervation overlying the Santa Margarita 
River Watershed arising from time imme-
morial and, thereafter, forever; and 
(ii) that are based on aboriginal occu-
pancy for land overlying the Santa Mar-
garita River Watershed arising from time 
immemorial and, thereafter, forever. 
(B) CLAIMS AGAINST RCWD AND EMWD.— 
Subject to the retention of rights set forth in 
subsection (c), notwithstanding any provisions 
to the contrary in the Pechanga Settlement 
Agreement, the Band and the United States on 
behalf of the Band and allottees fully release, 
acquit, and discharge RCWD and EMWD 
from— 
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(i) claims for injuries to water rights 
in the Santa Margarita River Watershed 
for land located within the Reservation 
overlying the Santa Margarita River Wa-
tershed 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 land located within the Reservation 
overlying the Santa Margarita River Wa-
tershed arising or occurring at any time 
after June 30, 2009, resulting from the di-
version 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 includ-
ing June 30, 2009; 
(iv) claims for subsidence damage 
arising or occurring after June 30, 2009, 
to land located within the Reservation re-
sulting from the diversion of underground 
water in a manner consistent with the 
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Pechanga Settlement Agreement or this 
Act; and 
(v) claims arising out of, or relating in 
any manner to, the negotiation or execu-
tion of the Pechanga Settlement Agree-
ment 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 
all claims against the Band, including 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 land 
located within the Reservation overlying the 
Santa Margarita River Watershed arising or oc-
curring at any time up to and including June 
30, 2009; 
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(B) claims for injuries to water rights in 
the Santa Margarita River Watershed for land 
located within the Reservation overlying the 
Santa Margarita River Watershed arising or oc-
curring at any time after June 30, 2009, result-
ing from the diversion or use of water in a 
manner not in violation the Pechanga Settle-
ment Agreement or this 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 land lo-
cated within the Reservation resulting from the 
diversion of underground water in a manner not 
in violation of the Pechanga Settlement Agree-
ment or this Act; and 
(E) claims arising out of, or relating in 
any manner to, the negotiation or execution of 
the Pechanga Settlement Agreement or the ne-
gotiation or execution of this 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 
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emcdonald on DSK67QTVN1PROD with BILLS
itself and its members, is authorized to execute a 
waiver and release of— 
(A) all claims against the United States, 
including the agencies and employees of the 
United States, relating to claims for water 
rights in, or water of, the Santa Margarita 
River Watershed that the United States, acting 
in its capacity as trustee for the Band, as-
serted, or could have asserted, in any pro-
ceeding, including the Adjudication Proceeding; 
(B) all claims against the United States, 
including the agencies and employees of the 
United States, relating to damages, losses, or 
injuries to water, water rights, land, or natural 
resources due to loss of water or water rights 
(including damages, losses or injuries to hunt-
ing, 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 ac-
crued at any time up to and including June 30, 
2009; 
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(4) claims for water rights for land within the 
Santa Margarita River Watershed that is outside the 
Reservation, subject to the condition that such 
claims are for water rights consistent with the water 
rights recognized for such land in the Fallbrook De-
cree; 
(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 specifi-
cally 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 or 
the Band, acting as sovereign, to take actions au-
thorized by law, including any laws relating to 
health, safety, or the environment, including— 
(A) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.); 
(B) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
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(C) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.); and 
(D) any regulations implementing the Acts 
described in subparagraphs (A) through (C); 
(2) affects the ability of the United States to 
take actions acting as trustee for any other Indian 
tribe or an allottee of any other Indian tribe; 
(3) confers jurisdiction on any State court— 
(A) to interpret Federal law regarding 
health, safety, or the environment; 
(B) to determine the duties of the United 
States or other parties pursuant to Federal law 
regarding health, safety, or the environment; or 
(C) to 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) 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 amounts authorized by this Act have 
been deposited in the Fund; 
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(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— 
(A) has been approved and executed by all 
the parties to the Extension of Service Area 
Agreement; and 
(B) is effective and enforceable in accord-
ance with the terms of that Agreement. 
(f) 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) April 30, 2030; 
(B) such alternate date as is agreed to by 
the Band and the Secretary; and 
(C) 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 
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time-based equitable defense under any other appli-
cable law. 
(g) RESTRICTION.—If the full amount of appropria-
tions authorized by this Act has not been made available 
to the Secretary by April 30, 2030— 
(1) the waivers authorized by this section shall 
expire and no longer have any force or effect; and 
(2) the statute of limitations for a claim waived 
under this section shall be tolled until April 30, 
2030. 
(h) VOIDING OF WAIVERS.—If the waivers authorized 
by this section are void under subsection (g)— 
(1) the approval of the United States of the 
Pechanga Settlement Agreement under section 4 
shall no longer be effective; 
(2) any unexpended Federal funds appropriated 
or made available to carry out the activities author-
ized by this Act, together with any interest earned 
on those funds, and any water right or contract to 
use water and title to other property acquired or 
constructed with Federal funds appropriated or 
made available to carry out the activities authorized 
in this Act shall be returned to the Federal Govern-
ment, unless otherwise agreed to by the Band and 
the United States and approved by Congress; and 
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(3) except for Federal funds used to acquire or 
develop property that is returned to the Federal 
Government under paragraph (2), the United States 
shall be entitled to set off any Federal funds appro-
priated or made available to carry out the activities 
authorized by this Act that were expended or with-
drawn, together with any interest accrued, against 
any claims against the United States relating to 
water rights asserted by the Band or in any future 
settlement of the water rights of the Band. 
SEC. 8. WATER FACILITIES. 
(a) IN GENERAL.—The Secretary shall, subject to the 
availability of appropriations, using amounts from the des-
ignated accounts of the Fund, provide the amounts nec-
essary to fulfill the obligations of the Band under the Re-
cycled Water Infrastructure Agreement and the ESAA Ca-
pacity Agreement, in an amount not to exceed the 
amounts deposited in the designated accounts for those 
purposes, in accordance with this Act and the terms and 
conditions of those agreements. 
(b) NONREIMBURSABILITY OF COSTS.—All costs in-
curred by the Secretary in carrying out this section shall 
be nonreimbursable. 
(c) RECYCLED WATER INFRASTRUCTURE.— 
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(1) IN GENERAL.—The Secretary shall, using 
amounts from the Pechanga Recycled Water Infra-
structure account, provide amounts for the Storage 
Pond in accordance with this section. 
(2) STORAGE POND.— 
(A) IN
GENERAL.—The Secretary shall, 
subject to the availability of appropriations, 
provide the amounts necessary to fulfill the ob-
ligations of the Band under the Recycled Water 
Infrastructure Agreement for the design and 
construction of the Storage Pond, in an amount 
not to exceed $2,500,000, 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. 
(B) PROCEDURE.—The procedure for the 
Secretary to provide amounts pursuant to this 
section shall be as set forth in the Recycled 
Water Infrastructure Agreement. 
(C) LEAD AGENCY.—The Bureau of Rec-
lamation shall be the lead agency for purposes 
of the implementation of this section. 
(D) LIABILITY.—The United States shall 
have no responsibility or liability for the Stor-
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age Pond to be designed and constructed by 
RCWD. 
(E) REVERSION.—If RCWD does not sub-
mit the Storage Pond notice to the Band by the 
date that is 3 years after the enforceability 
date, the amounts remaining in the Pechanga 
Recycled Water Infrastructure account for pur-
poses of the design and construction of the 
Storage Pond, including any interest that has 
accrued on those amounts, shall revert to the 
general fund of the Treasury. 
(d) ESAA DELIVERY CAPACITY.— 
(1) IN GENERAL.—The Secretary shall, using 
amounts from the Pechanga ESAA Delivery Capac-
ity account, provide amounts for Interim Capacity 
and Permanent Capacity in accordance with this 
section. 
(2) INTERIM CAPACITY.— 
(A) IN
GENERAL.—The Secretary shall, 
subject to the availability of appropriations, 
using amounts from the ESAA Delivery Capac-
ity account, provide amounts necessary to fulfill 
the obligations of the Band under the ESAA 
Capacity Agreement for the provision by 
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RCWD of Interim Capacity to the Band in an 
amount not to exceed $1,000,000. 
(B) PROCEDURE.—The procedure for the 
Secretary to provide amounts pursuant to this 
section shall be as set forth in the ESAA Ca-
pacity Agreement. 
(C) LEAD AGENCY.—The Bureau of Rec-
lamation shall be the lead agency for purposes 
of the implementation of this section. 
(D) LIABILITY.—The United States shall 
have no responsibility or liability for the In-
terim Capacity to be provided by RCWD. 
(E) TRANSFER TO BAND.—If RCWD does 
not provide the Interim Capacity Notice re-
quired pursuant to the ESAA Capacity Agree-
ment by the date that is 60 days after the date 
required under the ESAA Capacity Agreement, 
the amounts in the Pechanga ESAA Delivery 
Capacity account for purposes of the provision 
of Interim Capacity and Permanent Capacity, 
including any interest that has accrued on those 
amounts, 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 
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have received had RCWD provided such Interim 
Capacity and Permanent Capacity. 
(3) PERMANENT CAPACITY.— 
(A) IN GENERAL.—On receipt of the Per-
manent Capacity Notice pursuant to section 
5(b) of the ESAA Capacity Agreement, the Sec-
retary, acting through the Bureau of Reclama-
tion, shall enter into negotiations with RCWD 
and the Band to establish an agreement that 
will allow for the disbursement of amounts from 
the Pechanga ESAA Delivery Capacity account 
in accordance with subparagraph (B). 
(B) SCHEDULE OF DISBURSEMENT.— 
(i) IN
GENERAL.—Subject to clause 
(ii), on execution of the ESAA Capacity 
Agreement, the Secretary shall, subject to 
the availability of appropriations and using 
amounts from the ESAA Delivery Capacity 
account, provide amounts necessary to ful-
fill the obligations of the Band under the 
ESAA Capacity Agreement for the provi-
sion by RCWD of Permanent Capacity to 
the Band in an amount not to exceed 
$22,000,000. 
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(ii) 
ADJUSTMENT.—The 
amount 
under clause (i) shall be adjusted for 
changes in construction costs since June 
30, 2009, as indicated by engineering cost 
indices applicable to types of construction 
required to design and construct the Per-
manent Capacity. 
(C) PROCEDURE.—The procedure for the 
Secretary to provide funds pursuant to this sec-
tion shall be as set forth in the ESAA Capacity 
Agreement. 
(D) LEAD AGENCY.—The Bureau of Rec-
lamation shall be the lead agency for purposes 
of the implementation of this section. 
(E) LIABILITY.—The United States shall 
have no responsibility or liability for the Perma-
nent Capacity to be provided by RCWD. 
(F) TRANSFER TO BAND.—If RCWD does 
not provide the Permanent Capacity Notice re-
quired pursuant to the ESAA Capacity Agree-
ment by the date that is 5 years after the en-
forceability date, the amounts in the Pechanga 
ESAA Delivery Capacity account for purposes 
of the provision of Permanent Capacity, includ-
ing any interest that has accrued on those 
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amounts, shall be available for use by the Band 
to provide alternative permanent capacity in a 
manner that is similar to the Permanent Ca-
pacity 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 a fund to be known as the 
‘‘Pechanga Settlement Fund’’, to be administered by the 
Secretary for the purpose of carrying out this Act. 
(b) TRANSFERS TO FUND.—The Fund shall consist 
of such amounts as are deposited in the Fund under sec-
tion 11(a). 
(c) ACCOUNTS OF PECHANGA SETTLEMENT FUND.— 
The Secretary shall establish in the Fund the following 
accounts: 
(1) Pechanga Recycled Water Infrastructure ac-
count, consisting of amounts authorized to be appro-
priated under section 11(a)(1). 
(2) Pechanga ESAA Delivery Capacity account, 
consisting of amounts authorized to be appropriated 
under section 11(a)(2). 
(3) Pechanga Water Fund account, consisting 
of amounts authorized to be appropriated under sec-
tion 11(a)(3). 
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(4) Pechanga Water Quality account, consisting 
of amounts authorized to be appropriated under sec-
tion 11(a)(4). 
(d) DEPOSITS TO FUND.— 
(1) IN GENERAL.—The Secretary of the Treas-
ury shall promptly deposit in the Fund any amounts 
appropriated to the Fund. 
(2) DEPOSITS TO ACCOUNTS.—The Secretary of 
the Treasury shall deposit amounts in the accounts 
of the Fund established under subsection (c). 
(e) MANAGEMENT.— 
(1) IN GENERAL.—The Secretary shall manage 
the Fund, make investments from the Fund, and 
make amounts available from the Fund for distribu-
tion to the Band consistent with the American In-
dian Trust Fund Management Reform Act of 1994 
(25 U.S.C. 4001 et seq.). 
(2) INVESTMENT OF PECHANGA SETTLEMENT 
FUND.—Beginning on the date of enactment of this 
Act, the Secretary shall invest amounts in the 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); and 
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shall be used by the Band to fund groundwater 
desalination activities within the Wolf Valley 
Basin. 
(4) WITHDRAWALS BY BAND.— 
(A) IN GENERAL.—The Band may with-
draw any portion of amounts in the Fund on 
approval by the Secretary of a tribal manage-
ment plan in accordance with the American In-
dian Trust Fund Management Reform Act of 
1994 (25 U.S.C. 4001 et seq.). 
(B) REQUIREMENTS.— 
(i) IN GENERAL.—In addition to the 
requirements under the American Indian 
Trust Fund Management Reform Act of 
1994 (25 U.S.C. 4001 et seq.), the tribal 
management plan of the Band under sub-
paragraph (A) shall require that the Band 
spend any amounts withdrawn from the 
Fund in accordance with this Act. 
(ii) ENFORCEMENT.—The Secretary 
may carry out such judicial or administra-
tive actions as the Secretary determines to 
be necessary to enforce a tribal manage-
ment plan to ensure that amounts with-
drawn by the Band from the Fund under 
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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 with-
drawn from the Fund by the Band under this 
paragraph. 
(D) EXPENDITURE PLAN.— 
(i) IN
GENERAL.—For each fiscal 
year, the Band shall submit to the Sec-
retary for approval an expenditure plan for 
any portion of the amounts described in 
subparagraph (A) that the Band elects not 
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 Fund will be used during subsequent 
fiscal years. 
(iii) APPROVAL.—On receipt of an ex-
penditure plan under clause (i), the Sec-
retary shall approve the plan if the Sec-
retary determines that the plan is— 
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(I) reasonable; and 
(II) consistent with this Act. 
(5) ANNUAL REPORTS.—The Band shall submit 
to the Secretary annual reports describing each ex-
penditure by the Band of amounts in the Fund dur-
ing the preceding calendar year. 
(6) CERTAIN PER CAPITA DISTRIBUTIONS PRO-
HIBITED.—No amounts in the Fund shall be distrib-
uted to any member of the Band on a per capita 
basis. 
(f) AVAILABILITY.—Amounts in the 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. 
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(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 Reserva-
tion 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 lo-
cated within the Reservation shall be made regard-
ing 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 INFRASTRUC-
TURE ACCOUNT.—There is authorized to be appro-
priated $2,500,000, for deposit in the Pechanga Re-
cycled Water Infrastructure account, adjusted for 
changes in construction costs since June 30, 2009, 
in engineering cost indices applicable to types of 
construction required to design and construct the 
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Storage Pond, to carry out the activities described in 
section 8(c). 
(2) PECHANGA ESAA DELIVERY CAPACITY AC-
COUNT.—There is authorized to be appropriated 
$23,000,000, for deposit in the Pechanga ESAA De-
livery Capacity account, adjusted for changes in con-
struction costs since June 30, 2009, in engineering 
cost indices applicable to types of construction re-
quired to provide the Interim Capacity and the Per-
manent Capacity, to carry out the activities de-
scribed in paragraphs (2) and (3) of section 8(d). 
(3) PECHANGA WATER FUND ACCOUNT.—There 
is authorized to be appropriated $12,232,000 for de-
posit in the Pechanga Water Fund account, adjusted 
to reflect changes in appropriate cost indices during 
the period beginning on the date of enactment and 
ending on the date of appropriation, for the pur-
poses set forth in section 9(e)(3)(D). 
(4) PECHANGA
WATER
QUALITY
ACCOUNT.— 
There is authorized to be appropriated $2,460,000 
for deposit in the Pechanga Water Quality account, 
adjusted to reflect changes in appropriate cost indi-
ces during the period beginning on the date of enact-
ment and ending on the date of appropriation, for 
the purposes set forth in section 9(e)(3)(E). 
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SEC. 12. REPEAL ON FAILURE OF ENFORCEABILITY DATE. 
If the Secretary does not publish a statement of find-
ings under section 7(e) by April 30, 2030, or such alter-
native later date as is agreed to by the Band and the Sec-
retary, as applicable— 
(1) this Act is repealed effective on the later of 
May 1, 2030, or the day after the alternative date 
agreed to by the Band and the Secretary; 
(2) any action taken by the Secretary and any 
contract or agreement pursuant to the authority pro-
vided under any provision of this Act shall be void; 
(3) any amounts appropriated under section 11, 
together with any interest on those amounts, shall 
immediately revert to the general fund of the Treas-
ury; and 
(4) any amounts made available under section 
11 that remain unexpended shall immediately revert 
to the general fund of the Treasury. 
SEC. 13. ANTIDEFICIENCY. 
The United States shall not be liable for any failure 
to carry out any obligation or activity authorized to be 
carried out by this Act (including any obligation or activity 
under the Pechanga Settlement Agreement) if adequate 
appropriations are not provided expressly by Congress to 
carry out the purposes of this Act or there are not enough 
monies available to carry out the purposes of this Act in— 
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(1) the Reclamation Water Settlements Fund 
established under section 10501(a) of the Omnibus 
Public Land Management Act of 2009 (43 U.S.C. 
407(a)); or 
(2) the Emergency Fund for Indian Safety and 
Health established by section 601(a) of the Tom 
Lantos and Henry J. Hyde United States Global 
Leadership Against HIV/AIDS, Tuberculosis, and 
Malaria Reauthorization Act of 2008 (25 U.S.C. 
443c(a)). 
Æ 
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