H. R. 4841—5 
to in this section as the ‘‘Trust Fund Reform Act’’), this Act, and 
the Settlement Agreement. 
(c) INVESTMENT.—The Secretary shall invest amounts in the 
Development Fund in accordance with— 
(1) the Act of April 1, 1880 (21 Stat. 70, ch. 41, 25 U.S.C. 
161); 
(2) the first section of the Act of June 24, 1938 (52 Stat. 
1037, ch. 648, 25 U.S.C. 162a); and 
(3) subsection (b) of this section. 
(d) AVAILABILITY.—The funds authorized to be appropriated 
pursuant to section 5(b) of this Act shall be available for expenditure 
or withdrawal only after the effective date set forth in section 
10(a). 
(e) EXPENDITURES AND WITHDRAWALS.— 
(1) TRIBAL MANAGEMENT PLAN.— 
(A) IN GENERAL.—The Tribe may withdraw all or part 
of the Development Fund on approval by the Secretary 
of a tribal management plan as described in the Trust 
Fund Reform Act. 
(B) REQUIREMENTS.—In addition to the requirements 
under the Trust Fund Reform Act, the tribal management 
plan shall require that any funds be expended or 
reimbursed in accordance with the purposes described in 
section 5(b) of this Act. 
(C) ENFORCEMENT.—The Secretary may take judicial 
or administrative action to enforce the provisions of any 
tribal management plan to ensure that monies withdrawn 
from the Development Fund under the plan are used in 
accordance with this Act. 
(D) LIABILITY.—If the Tribe exercises the right to with-
draw monies from the Development Fund, neither the Sec-
retary nor the Secretary of the Treasury shall retain any 
liability for the expenditure or investment. 
(2) EXPENDITURE PLAN.— 
(A) IN GENERAL.—The Tribe shall submit to the Sec-
retary for approval an expenditure plan for any portion 
of the amounts made available under section 5(b) that 
the Tribe does not withdraw under this subsection. 
(B) DESCRIPTION.—The expenditure plan shall describe 
the manner in which, and the purposes for which, amounts 
of the Tribe remaining in the Funds will be used. 
(C) APPROVAL.—On receipt of an expenditure plan 
under subparagraph (A), the Secretary shall approve the 
plan if the Secretary determines that the plan is reasonable 
and consistent with this Act and the Agreement. 
(3) ANNUAL REPORT.—The Tribe shall submit to the Sec-
retary an annual report that describes all expenditures from 
the Development Fund during the year covered by the report. 
(4) NO PER CAPITA DISTRIBUTIONS.—No part of the Develop-
ment Fund shall be distributed on a per capita basis to mem-
bers of the Tribe. 
SEC. 8. WAIVERS AND RELEASES. 
(a) TRIBE AND UNITED STATES AUTHORIZATION.—The Tribe, on 
behalf of itself and its members, and the Secretary, on behalf 
of the United States in its capacity as trustee for the Tribe and 
its members, are authorized, as part of the performance of their
H. R. 4841—6 
obligations under the Settlement Agreement, to execute a waiver 
and release for claims under Federal, State, or other law against 
The Metropolitan Water District of Southern California, Eastern 
Municipal Water District, and Lake Hemet Municipal Water Dis-
trict, for any and all— 
(1) past, present, and future claims to surface water and 
groundwater rights for the Reservation arising from time 
immemorial through the effective date described in section 
10 of this Act and anytime thereafter, except claims to enforce 
the Settlement Agreement or claims based on water rights 
acquired after the effective date described in section 10 of 
this Act; 
(2) past, present, and future claims for injury of any kind 
arising from interference with surface water and groundwater 
resources and water rights of the Reservation, including, but 
not limited to, all claims for injury to the Tribe’s use and 
enjoyment of the Reservation, economic development, religion, 
language, social structure and culture, and injury to the natural 
resources of the Reservation, from time immemorial through 
the effective date described in section 10 of this Act; 
(3) past, present, and future claims for injury of any kind 
arising from, or in any way related to, continuing interference 
with surface water and groundwater resources and water rights 
of the Reservation, including the full scope of claims defined 
in section 5.1, paragraph A(2) of the Settlement Agreement, 
to the extent that such continuing interference began prior 
to the effective date described in section 10 of this Act, from 
time immemorial through the effective date described in section 
10 of this Act and anytime thereafter; 
(4) past, present, and future claims for injury of any kind 
arising from, or in any way related to, seepage of water into 
the San Jacinto Tunnel, including the full scope of claims 
defined in section 5.1, paragraph A(2) of the Settlement Agree-
ment, from time immemorial through the effective date 
described in section 10 of this Act and anytime thereafter; 
and 
(5) past, present, and future claims for injury of any kind 
arising from, or in any way related to, the Water Management 
Plan as approved in accordance with the Settlement Agreement, 
from time immemorial through the effective date described 
in section 10 of this Act and anytime thereafter. 
(b) TRIBAL WAIVERS AGAINST THE UNITED STATES.— 
(1) IN GENERAL.—The Tribe is authorized, as part of the 
performance of its obligations under the Settlement Agreement, 
to execute a waiver and release for claims against the United 
States (acting in its capacity as trustee for the Tribe or its 
members, or otherwise acting on behalf of the Tribe or its 
members), including any agencies, officials, or employees 
thereof, for any and all— 
(A) claims described in subsection (a) of this section; 
(B) past, present, and future claims for failure to 
acquire or develop water rights and water resources of 
the Reservation arising from time immemorial through 
the effective date described in section 10 of this Act and 
anytime thereafter; 
(C) past, present, and future claims for failure to pro-
tect water rights and water resources of the Reservation
H. R. 4841—7 
arising from time immemorial through the effective date 
described in section 10 of this Act, and any past, present, 
and future claims for any continuing failure to protect 
water rights and water resources of the Reservation, arising 
from time immemorial through the effective date described 
in section 10 of this Act and, to the extent that such 
continuing failure to protect began before the effective date 
described in section 10 of this Act, anytime thereafter; 
(D) past, present, and future claims arising from the 
failure of any non-Federal Party to fulfill the terms of 
the Settlement Agreement at anytime; and 
(E) past, present, and future claims arising out of 
the negotiation of the Settlement Agreement or the negotia-
tion and enactment of this Act, or any specific terms of 
provisions thereof, including, but not limited to, the Tribe’s 
consent to limit the number of participant parties to the 
Settlement Agreement. 
(2) EFFECTIVENESS
OF
WAIVERS
AGAINST
THE
UNITED 
STATES.— 
(A) IN GENERAL.—The waiver and release contained 
in this subsection shall take effect on the date on which 
all of the amounts authorized under sections 5(a) and 5(b) 
are appropriated. 
(B) PERIODS OF LIMITATION; EQUITABLE CLAIMS.— 
(i) IN GENERAL.—All periods of limitation and time- 
based equitable defenses applicable to the claims set 
forth in paragraph (1) are tolled for the period between 
the date of enactment of this Act until the date on 
which the amounts authorized under sections 5(a) and 
5(b) are appropriated. 
(ii) EFFECT
OF
SUBPARAGRAPH.—This subpara-
graph neither revives any claim nor tolls any period 
of limitation or time-based equitable defense that may 
have expired before the date of enactment of this Act. 
(C) DEFENSE.—The making of the amounts of appro-
priations authorized under sections 5(a) and 5(b) shall con-
stitute a complete defense to any claim which involves 
the claims set forth in paragraph (b)(1) pending in any 
court of the United States on the date on which the appro-
priations are made. 
SEC. 9. MISCELLANEOUS PROVISIONS. 
(a) JURISDICTION.— 
(1) NO EFFECT ON SUBJECT MATTER JURISDICTION.—Nothing 
in the Agreement or this Act restricts, enlarges, or otherwise 
determines the subject matter jurisdiction of any Federal, State, 
or Tribal court. 
(2) JUDGMENT AND DECREE.—The United States consents 
to jurisdiction in the United States District Court for the Cen-
tral District of California case known as Soboba Band of 
Luisen˜o Indians v. Metropolitan Water District of Southern 
California, No. 00–04208 for the purpose of obtaining approval 
for a judgment and decree substantially the same as the judg-
ment and decree attached to the Settlement Agreement as 
exhibit H. 
(3) EFFECT
OF
SUBSECTION.—Nothing in this subsection 
confers jurisdiction on any State court to—
H. R. 4841—8 
(A) enforce Federal environmental laws regarding the 
duties of the United States; or 
(B) conduct judicial review of Federal agency action. 
(b) USE OF WATER.— 
(1) TRIBAL USE.—With respect to water rights made avail-
able under the Settlement Agreement— 
(A) the Tribe may use water made available to it 
under the Settlement Agreement for any use it deems 
advisable on the Reservation and on any other lands it 
owns or may acquire, in fee or in trust, contiguous to 
the Reservation or within the area of the groundwater 
basin described in section 2.4 of the Settlement Agreement; 
(B) such water rights shall be held in trust by the 
United States in perpetuity, and shall not be subject to 
forfeiture or abandonment; and 
(C) State law shall not apply to the Tribe’s use of 
water made available to it under the Settlement Agree-
ment. 
(2) NON-TRIBAL USE.— 
(A) CONTRACTS AND OPTIONS.—Subject to the limita-
tions in subparagraph (B), the Tribe may enter into con-
tracts and options to lease or contracts and options to 
exchange water made available to it under the Settlement 
Agreement, or enter into contracts and options to postpone 
existing water uses or postpone undertaking new or 
expanded water uses. 
(B) LIMITATIONS ON NON-TRIBAL USE.— 
(i) 
CONSISTENCY
WITH
WATER
MANAGEMENT 
PLAN.—Any water made available under subparagraph 
(A) shall only be used by participants in, or other 
users within the area of, the Water Management Plan 
described in section 2.32 of the Settlement Agreement. 
(ii) PROHIBITION ON PERMANENT ALIENATION.—No 
contract under subparagraph (A) shall be for a term 
exceeding one hundred years, nor shall any contract 
under subparagraph (A) provide for permanent alien-
ation of any portion of the water rights made available 
under the Settlement Agreement. 
(C) LIABILITY.—The Secretary shall not be liable to 
any party, including the Tribe, for any term of, or any 
loss or other detriment resulting from, a lease or contract 
entered into pursuant to this subparagraph. 
(c) RETENTION OF RIGHTS.— 
(1) In the event the waivers and releases set out in section 
8 of this Act do not become effective pursuant to section 10(a) 
of this Act, the Soboba Tribe and the United States shall 
retain the right to assert all rights and claims enumerated 
in section 8, and any claims or defenses of the parties to 
the Settlement Agreement shall also be retained. 
(2) The parties expressly reserve all rights not specifically 
granted, recognized, waived, or released by the Settlement 
Agreement or this Act. 
(3) Notwithstanding the waivers and releases set forth 
in section 8(a), the United States retains all claims relating 
to violations of the Clean Water Act, the Safe Drinking Water 
Act, the Comprehensive Environmental Response, Compensa-
tion, and Liability Act, Resource Conservation and Recovery
H. R. 4841—9 
Act, and the regulations implementing these Acts, including, 
but not limited to claims related to water quality. 
(d) PRECEDENT.—Nothing in this Act establishes any standard 
for the quantification or litigation of Federal reserved water rights 
or any other Indian water claims of any other Indian tribes in 
any other judicial or administrative proceeding. 
(e) OTHER INDIAN TRIBES.—Nothing in the Settlement Agree-
ment or this Act shall be construed in any way to quantify or 
otherwise adversely affect the water rights, claims, or entitlements 
to water of any Indian tribe, band, or community, other than 
the Soboba Tribe. 
(f) ENVIRONMENTAL COMPLIANCE.— 
(1) Signing by the Secretary of the Settlement Agreement 
does not constitute major Federal action under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(2) The Secretary is directed to carry out all environmental 
compliance required by Federal law in implementing the Agree-
ment. 
SEC. 10. EFFECTIVE DATE. 
(a) IN GENERAL.—The waivers and releases authorized in sub-
section (a) of section 8 of this Act shall become effective as of 
the date the Secretary causes to be published in the Federal Reg-
ister a statement of findings that— 
(1) this Act has been enacted; 
(2) to the extent that the Settlement Agreement conflicts 
with this Act, the Settlement Agreement has been revised 
to conform with the Act; 
(3) the Settlement Agreement, revised as necessary, and 
the waivers and releases described in article 5 of the Settlement 
Agreement and section 8(a) of this Act have been executed 
by the parties and the Secretary; 
(4) warranty deeds for the property to be conveyed to 
the Tribe described in section 4.6 of the Settlement Agreement 
have been placed in escrow; 
(5) the Tribe and the Secretary have approved the Water 
Management Plan; and 
(6) the judgment and decree attached to the Settlement 
Agreement as exhibit H or a judgment and decree substantially 
the same as exhibit H has been approved by the United States 
District Court, Eastern Division of the Central District of Cali-
fornia, and that judgment and decree has become final and 
nonappealable. 
(b) DEADLINE FOR EFFECTIVE DATE.—If the conditions precedent 
required under subsection (a) of this section have not been fulfilled 
by March 1, 2012, the Settlement Agreement and this Act shall 
not thereafter be effective and shall be null and void, and any 
funds and the interest accrued thereon appropriated pursuant to