(3) EFFECT OF SUBSECTION.—Nothing in this 
subsection confers jurisdiction on any State court 
to— 
(A) enforce Federal environmental laws re-
garding 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 available under the Settlement Agreement— 
(A) the Tribe may use water made avail-
able 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 de-
scribed in section 2.4 of the Settlement Agree-
ment; 
(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 Set-
tlement Agreement.
(2) NON-TRIBAL USE.— 
(A) CONTRACTS AND OPTIONS.—Subject to 
the limitations in subparagraph (B), the Tribe 
may enter into contracts 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 MAN-
AGEMENT PLAN.—Any water made avail-
able 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 Set-
tlement Agreement. 
(ii) PROHIBITION
ON
PERMANENT 
ALIENATION.—No contract under subpara-
graph (A) shall be for a term exceeding 
one hundred years, nor shall any contract 
under subparagraph (A) provide for per-
manent alienation of any portion of the 
water rights made available under the Set-
tlement 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 re-
sulting 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 Set-
tlement 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 Comprehen-
sive Environmental Response, Compensation, and 
Liability Act, Resource Conservation and Recovery 
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 administra-
tive proceeding. 
(e) OTHER INDIAN TRIBES.—Nothing in the Settle-
ment Agreement 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 Agreement. 
SEC. 10. EFFECTIVE DATE. 
(a) IN GENERAL.—The waivers and releases author-
ized in subsection (a) of section 8 of this Act shall become 
effective as of the date the Secretary causes to be pub-
lished in the Federal Register 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 nec-
essary, and the waivers and releases described in ar-
ticle 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 con-
veyed 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 condi-
tions precedent required under subsection (a) of this sec-
tion have not been fulfilled by March 1, 2012, the Settle-
ment Agreement and this Act shall not thereafter be effec-
tive and shall be null and void, and any funds and the
interest accrued thereon appropriated pursuant to section 
5 shall revert to the general fund of the United States 
Treasury. 
Passed the House of Representatives May 21, 2008. 
Attest: 
Clerk.