(3) this section. 
(e) AVAILABILITY OF AMOUNTS.—Amounts appro-
priated to, and deposited in, the Fund, including any in-
vestment earnings accrued from the date of deposit in the 
Fund through the date of disbursement from the Fund, 
shall be made available to the Band by the Secretary be-
ginning on the enforceability date. 
(f) WITHDRAWALS
BY BAND PURSUANT
TO
THE 
AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM 
ACT.— 
(1) IN GENERAL.—The Band may withdraw all 
or part of the amounts in the Fund on approval by 
the Secretary of a tribal management plan sub-
mitted by the Band in accordance with the American 
Indian Trust Fund Management Reform Act of 
1994 (25 U.S.C. 4001 et seq.). 
(2) REQUIREMENTS.— 
(A) IN GENERAL.—In addition to the re-
quirements under the American Indian Trust 
Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.), the tribal management 
plan under paragraph (1) shall require that the 
Band shall spend all amounts withdrawn from 
the Fund in accordance with this Act. 
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(B) ENFORCEMENT.—The Secretary may 
carry out such judicial or administrative actions 
as the Secretary determines to be necessary to 
enforce the tribal management plan to ensure 
that amounts withdrawn by the Band from the 
Fund under this subsection are used in accord-
ance with this Act. 
(g) WITHDRAWALS BY BAND PURSUANT TO AN EX-
PENDITURE PLAN.— 
(1) IN GENERAL.—The Band may submit an 
expenditure plan for approval by the Secretary re-
questing that all or part of the amounts in the Fund 
be disbursed in accordance with the plan. 
(2) REQUIREMENTS.—The expenditure plan 
under paragraph (1) shall include a description of 
the manner and purpose for which the amounts pro-
posed to be disbursed from the Fund will be used, 
in accordance with subsection (h). 
(3) APPROVAL.—If the Secretary determines 
that an expenditure plan submitted under this sub-
section is consistent with the purposes of this Act, 
the Secretary shall approve the plan. 
(4) ENFORCEMENT.—The Secretary may carry 
out such judicial or administrative actions as the 
Secretary determines necessary to enforce an ex-
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penditure plan to ensure that amounts disbursed 
under this subsection are used in accordance with 
this Act. 
(h) USES.—Amounts from the Fund shall be used by 
the Band for the following purposes: 
(1) PECHANGA RECYCLED WATER INFRASTRUC-
TURE ACCOUNT.—The Pechanga Recycled Water In-
frastructure account shall be used for expenditures 
by the Band in accordance with section 8(c). 
(2) PECHANGA ESAA DELIVERY CAPACITY AC-
COUNT.—The Pechanga ESAA Delivery Capacity 
account shall be used for expenditures by the Band 
in accordance with section 8(d). 
(3) PECHANGA WATER FUND ACCOUNT.—The 
Pechanga Water Fund account shall be used for— 
(A) payment of the EMWD Connection 
Fee; 
(B) payment of the MWD Connection Fee; 
and 
(C) any expenses, charges, or fees incurred 
by the Band in connection with the delivery or 
use of water pursuant to the Pechanga Settle-
ment Agreement. 
(4) PECHANGA
WATER
QUALITY
ACCOUNT.— 
The Pechanga Water Quality account shall be used 
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by the Band to fund groundwater desalination ac-
tivities within the Wolf Valley Basin. 
(i) LIABILITY.—The Secretary and the Secretary of 
the Treasury shall not be liable for the expenditure of, 
or the investment of any amounts withdrawn from, the 
Fund by the Band under subsection (f) or (g). 
(j) NO PER CAPITA DISTRIBUTIONS.—No portion of 
the Fund shall be distributed on a per capita basis to any 
member of the Band. 
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 
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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 $2,656,374, for deposit in the Pechanga Re-
cycled Water Infrastructure account, to carry out 
the activities described in section 8(c). 
(2) PECHANGA ESAA DELIVERY CAPACITY AC-
COUNT.—There is authorized to be appropriated 
$17,900,000, for deposit in the Pechanga ESAA De-
livery Capacity account, which amount shall be ad-
justed for changes in construction costs since June 
30, 2009, as is indicated by ENR Construction Cost 
Index, 20-City Average, as applicable to the types of 
construction required for the Band to provide the in-
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frastructure necessary for the Band to provide the 
Interim Capacity and Permanent Capacity in the 
event that RCWD elects not to provide the Interim 
Capacity or Permanent Capacity as set forth in the 
ESAA Capacity Agreement and contemplated in sec-
tions 8(d)(2)(D) and 8(d)(3)(E) of this Act, with 
such adjustment ending on the date on which funds 
authorized to be appropriated under this section 
have been deposited in the Fund. 
(3) PECHANGA WATER FUND ACCOUNT.—There 
is authorized to be appropriated $5,483,653, for de-
posit in the Pechanga Water Fund account, which 
amount shall be adjusted for changes in appropriate 
cost indices since June 30, 2009, with such adjust-
ment ending on the date of deposit in the Fund, for 
the purposes set forth in section 9(h)(3). 
(4) PECHANGA
WATER
QUALITY
ACCOUNT.— 
There is authorized to be appropriated $2,460,000, 
for deposit in the Pechanga Water Quality account, 
which amount shall be adjusted for changes in ap-
propriate cost indices since June 30, 2009, with 
such adjustment ending on the date of deposit in the 
Fund, for the purposes set forth in section 9(h)(4). 
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SEC. 12. EXPIRATION ON FAILURE OF ENFORCEABILITY 
DATE. 
If the Secretary does not publish a statement of find-
ings under section 7(e) by April 30, 2021, or such alter-
native later date as is agreed to by the Band and the Sec-
retary, as applicable— 
(1) this Act expires on the later of May 1, 
2021, 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. 
(a) IN GENERAL.—Notwithstanding any authoriza-
tion of appropriations to carry out this Act, the expendi-
ture or advance of any funds, and the performance of any 
obligation by the Department in any capacity, pursuant 
to this Act shall be contingent on the appropriation of 
funds for that expenditure, advance, or performance. 
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(b) LIABILITY.—The Department of the Interior 
shall not be liable for the failure to carry out any obliga-
tion or activity authorized by this Act if adequate appro-
priations are not provided to carry out this Act. 
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Union Calendar No. 644 
114TH CONGRESS 
2D SESSION 
H. R. 5984 
[Report No. 114–821] 
A BILL 
To authorize the Pechanga Band of Luisen˜o Mis-
sion Indians Water Rights Settlement, and for 
other purposes. 
NOVEMBER 14, 2016 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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