I 
111TH CONGRESS 
1ST SESSION H. R. 4285 
To authorize the Pechanga Band of Luiseno Mission Indians Water Rights 
Settlement, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 11, 2009 
Mrs. BONO MACK (for herself, Mr. GRIJALVA, Ms. RICHARDSON, Mr. CAL-
VERT, Mr. BACA, and Mr. ISSA) introduced the following bill; which was 
referred to the Committee on Natural Resources 
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 Representa-
tives 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 Luisen˜o 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. 
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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 settle-
ment 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 capac-
ity as trustee for the Band and Allottees; 
(2) to achieve a fair, equitable, and final settle-
ment 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 
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(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 nec-
essary for the implementation of the Pechanga Set-
tlement Agreement and this Act. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADJUDICATION COURT.—The term ‘‘Adju-
dication Court’’ means the U.S. District Court for 
the Southern District of California exercising con-
tinuing jurisdiction over the Adjudication Pro-
ceeding. 
(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 Adjudication Court’s con-
tinuing jurisdiction 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 
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 sov-
ereign government of the Pechanga Band of Luisen˜o 
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 sec-
tion 1 of the Recycled Water Infrastructure Agree-
ment. 
(9) EMWD.—The term ‘‘EMWD’’ means East-
ern Municipal Water District, a municipal water dis-
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trict 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 ‘‘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(f). 
(12) 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. 
(13) 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. 
(14) 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, 
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the United States and MWD for purposes of provi-
sion of water service by EMWD to a designated por-
tion 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 judg-
ments and decisions supplemental to the ‘‘Modified 
Final Judgment And Decree’’, including Interlocu-
tory 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. 
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(19) INTERIM
CAPACITY
NOTICE.—The term 
‘‘Interim Capacity Notice’’ has the meaning set 
forth in section 4(b) of the ESAA Capacity Agree-
ment. 
(20) 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). 
(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 AC-
COUNT.—The term ‘‘Pechanga ESAA Delivery Ca-
pacity Account’’ means the fund authorized by sec-
tion 11(a)(2) of this Act. 
(23) PECHANGA
RECYCLED
WATER
INFRA-
STRUCTURE ACCOUNT.—The term ‘‘Pechanga Recy-
cled 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. 
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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 ‘‘Per-
manent Capacity’’ has the meaning set forth in sec-
tion 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 Cali-
fornia Water code section 34000 et seq. and includes 
all real property owners for whom RCWD acts as an 
agent pursuant to an agency agreement. 
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(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, con-
firmed and declared to be valid for the benefit of the 
Band and allottees as specifically set forth and de-
scribed 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 AGREE-
MENT.—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 sig-
nature of the Secretary. Nothing herein precludes the Sec-
retary from approving modifications to exhibits to the 
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Pechanga Settlement Agreement not inconsistent with this 
Act, to the extent such modifications do not otherwise re-
quire Congressional approval pursuant to the Trade and 
Intercourse Act, 25 U.S.C. 177, or pursuant to other Fed-
eral 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 agree-
ments, except the United States, as from the date all par-
ties thereto have executed such agreements. Such agree-
ments 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 imple-
menting 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 Spe-
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cies Act of 1973 (16 U.S.C. 1531 et seq.), and all 
other applicable environmental Acts and regulations. 
(2) EXECUTION
OF
THE
PECHANGA
SETTLE-
MENT
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 di-
rected to carry out all Federal compliance necessary 
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 equiva-
lent to or exceed the benefits allottees currently possess, 
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 
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(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 jurisdic-
tion 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 
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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 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 under Federal law for 
such allottee’s allotment shall be satisfied by the 
Band and no allottee shall have any additional enti-
tlement to water except as set forth in the Pechanga 
Settlement Agreement and this Act. 
(3) 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. 
(4) CLAIMS.—Following exhaustion of remedies 
available under the Pechanga Water Code or other 
applicable tribal law, an allottee may seek relief 
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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 para-
graph (2), the Band shall have authority to use, al-
locate, distribute, and lease the Tribal Water 
Right— 
(A) in accordance with the Pechanga Set-
tlement 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— 
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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.—Subject to the approval of 
the Secretary, the Pechanga Water Code shall pro-
vide 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 irriga-
tion purposes for allottees shall be assessed in 
accordance with section 7 of the Act of Feb-
ruary 8, 1887 (25 U.S.C. 381); 
(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 
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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.— 
(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— 
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(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. 
(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. 
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(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. 
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-
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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 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 aris-
ing 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 Wa-
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 
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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 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 
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; 
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(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; 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 (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, 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-
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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 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 
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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 Water-
shed that the United States acting in its capac-
ity 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 dam-
ages, 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; 
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(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 the adoption of the 
Pechanga Settlement Agreement, exhibits there-
to, 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 
members and the United States acting in its capacity as 
trustee for the Band retain— 
(1) claims for enforcement of the Pechanga Set-
tlement Agreement and this Act; 
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(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 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 act-
ing in its sovereign capacity to take actions author-
ized by law, including but not limited to any laws re-
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, 
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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— 
(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 
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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. 
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-
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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, 
2009, in construction costs as indicated by engineer-
ing cost indices applicable to types of construction 
required to design and construct the Storage Pond. 
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(A) The procedure for the Secretary to 
provide funds pursuant to this section shall be 
as set forth in the Recycled Water Infrastruc-
ture Agreement. 
(B) The Bureau of Reclamation shall be 
the lead agency for purposes of the implementa-
tion of this section. 
(C) The United States shall have no re-
sponsibility or liability for the Storage Pond to 
be designed and constructed by RCWD. 
(D) In the event that RCWD does not sub-
mit the Storage Pond Notice to the Band with-
in 3 years after the enforceability date, the 
funds set aside within the Pechanga Recycled 
Water Infrastructure Account, including any in-
terest 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, act-
ing through the Bureau of Reclamation, shall enter 
into negotiations with RCWD and the Band to es-
tablish an agreement that will allow the Bureau of 
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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. 
(A) The procedure for the Secretary to 
provide funds pursuant to this section shall be 
as set forth in the Recycled Water Infrastruc-
ture Agreement and the funding agreement re-
quired pursuant to section 8(c)(3). 
(B) The Bureau of Reclamation shall be 
the lead agency for purposes of the implementa-
tion of this section. 
(C) The United States shall have no re-
sponsibility or liability for the Demineralization 
and Brine Disposal Project to be designed and 
constructed by RCWD. 
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(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 in-
terest 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 ground-
water 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, 
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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 implementa-
tion of this section. 
(C) The United States shall have no re-
sponsibility or liability for the Interim Capacity 
to be provided by RCWD. 
(D) In the event that RCWD does not pro-
vide the Interim Capacity Notice required pur-
suant 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 Per-
manent Capacity shall be available for use by 
the Band to provide alternative interim capacity 
in a manner that is similar to the Interim Ca-
pacity and Permanent Capacity that the Band 
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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 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. 
(A) 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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(B) The Bureau of Reclamation shall be 
the lead agency for purposes of the implementa-
tion of this section. 
(C) The United States shall have no re-
sponsibility or liability for the Permanent Ca-
pacity to be provided by RCWD. 
(D) In the event that RCWD does not pro-
vide 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 provi-
sion of Permanent Capacity shall be available 
for use by the Band to provide alternative per-
manent capacity in a manner that is similar to 
the Permanent Capacity that the Band would 
have received had RCWD provided such Perma-
nent 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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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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pacity 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 in-
curred 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 with-
draw 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 Re-
form Act, the tribal management plan of 
the Band under subparagraph (A) shall re-
quire that the Band spend any amounts 
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withdrawn from the Pechanga Settlement 
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 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 with-
drawn 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 Sec-
retary 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 
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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 ex-
penditure plan under clause (i), the Sec-
retary shall approve the plan if the Sec-
retary 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 ex-
penditure by the Band of amounts in the Pechanga 
Settlement Fund during the preceding calendar 
year. 
(6) CERTAIN PER CAPITA DISTRIBUTIONS PRO-
HIBITED.—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 Sec-
retary and withdrawal by the Band beginning on the en-
forceability date. 
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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 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. 
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SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION OF APPROPRIATIONS.— 
(1) PECHANGA RECYCLED WATER INFRASTRUC-
TURE ACCOUNT.—There is authorized to be appro-
priated $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 con-
struct the Storage Pond and the Demineralization 
and Brine Disposal Project for deposit into the 
Pechanga Recycled Water Infrastructure Account. 
(2) PECHANGA ESAA DELIVERY CAPACITY AC-
COUNT.—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 de-
posit 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 find-
ings under section 7(f) by December 31, 2015— 
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(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 Treas-
ury; and 
(3) any amounts made available under section 
11 that remain unexpended shall immediately revert 
to the general fund of the Treasury. 
Æ 
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E:\BILLS\H4285.IH
H4285
tjames on DSKG8SOYB1PROD with BILLS