departments, agencies, bureaus, officers, and agents 
thereof. 
(57) USE
OR
USING
OR
USED.—The terms 
‘‘Use’’ or ‘‘Using’’ or ‘‘Used’’ mean the consump-
tion, application, or other use of water for any pur-
pose, including but not limited to by allocation, dis-
tribution, exchange, or lease. 
(58) WATER DISTRICT.—The term ‘‘Water Dis-
trict’’ means CVWD or DWA. 
(59) WATER
DISTRICTS.—The term ‘‘Water 
Districts’’ means CVWD and DWA. 
(60) WHITEWATER RIVER RECHARGE FACILITY 
OR
FACILITY.—The terms ‘‘Whitewater River Re-
charge Facility’’ or ‘‘Facility’’ mean the facility that 
CVWD operates northwest of Palm Springs that 
CVWD, in cooperation with DWA, uses to replenish 
the Indio Subbasin. 
SEC. 4. RATIFICATION OF AGREEMENT. 
(a) RATIFICATION.— 
(1) IN GENERAL.—Except as modified by this 
Act, and to the extent that the Agreement does not 
conflict with this Act, the Agreement is authorized, 
ratified, and confirmed. 
(2) AMENDMENTS.—If an amendment to the 
Agreement or an exhibit to the Agreement requiring 
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the signature of the Secretary is executed in accord-
ance with this Act to make the Agreement consistent 
with this Act, the amendment is authorized, ratified, 
and confirmed. 
(b) EXECUTION.— 
(1) IN GENERAL.—To the extent the Agreement 
does not conflict with this Act, the Secretary shall 
execute the Agreement, including all exhibits to or 
parts of the Agreement requiring the signature of 
the Secretary. 
(2) MODIFICATIONS.—Nothing in this Act pro-
hibits the Secretary, after execution of the Agree-
ment, from approving any modification to the Agree-
ment, including an exhibit to the Agreement, that is 
consistent with this Act, to the extent that the modi-
fication does not otherwise require congressional ap-
proval under 2116 of the Revised Statutes (25 
U.S.C. 177) or any other applicable provision of 
Federal law. 
(c) ENVIRONMENTAL COMPLIANCE.— 
(1) IN GENERAL.—In implementing the Agree-
ment and this Act, the Secretary shall comply 
with— 
(A) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
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(B) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.), including the 
applicable implementing regulations of that Act; 
and 
(C) all other applicable Federal environ-
mental laws and regulations. 
(2) COMPLIANCE.— 
(A) IN
GENERAL.—In implementing the 
Agreement and this Act, the Tribe shall prepare 
any necessary environmental documents con-
sistent with— 
(i) the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.); 
(ii) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.), in-
cluding the applicable implementing regu-
lations of that Act; and 
(iii) all other applicable Federal envi-
ronmental laws and regulations. 
(B) 
AUTHORIZATIONS.—The 
Secretary 
shall— 
(i) independently evaluate the docu-
mentation required under subparagraph 
(A); and 
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(ii) be responsible for the accuracy, 
scope, and contents of that documentation. 
(3) EFFECT OF EXECUTION.—The execution of 
the 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.). 
(4) COSTS.—Any costs associated with the per-
formance of the compliance activities under this sub-
section shall be paid from funds deposited in the 
Agua Caliente Settlement Trust Fund, subject to the 
condition that any costs associated with the perform-
ance of Federal approval or other review of such 
compliance work or costs associated with inherently 
Federal functions shall remain the responsibility of 
the Secretary. 
SEC. 5. TRIBAL WATER RIGHT. 
(a) CONFIRMATION OF TRIBAL WATER RIGHT.— 
(1) IN GENERAL.—The Tribal Water Right is 
ratified, confirmed, and declared to be valid. 
(2) QUANTIFICATION.—The Tribal Water Right 
consists of the right to Produce and/or Use up to 
20,000 AFY of Groundwater as provided in Section 
III of the Agreement. 
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(3) PRIORITY.—The Tribal Water Right shall 
have a priority date no later than the 1876 and 
1877 Executive Orders establishing the Reservation 
and is prior and paramount to all rights claimed by 
the Water Districts to Native Groundwater in the 
Indio Subbasin. 
(4) USE.—Any Use of the Tribal Water Right 
shall be subject to the terms and conditions of the 
Agreement and this Act. 
(b) 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 the Allottees possess on 
the day before the enactment of this Act, taking into con-
sideration— 
(1) the potential risks, costs, and time delay as-
sociated with litigation that would be resolved by the 
Agreement and this Act; 
(2) the availability of funding under this Act 
from other sources; 
(3) the availability of water from the Tribal 
Water Right; and 
(4) the applicability of section 7 of the Act of 
February 8, 1887 (24 Stat. 390, chapter 119; 25 
U.S.C. 381), and this Act to protect the interest of 
Allottees. 
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(c) TRUST
STATUS
OF
THE
TRIBAL
WATER 
RIGHT.—The Tribal Water Right shall be held in trust 
by the United States on behalf of Agua Caliente and 
Allottees in accordance with the Agreement and this Act. 
The Tribal Water Right shall not be subject to State law, 
regulation, or jurisdiction, except as part of a comprehen-
sive adjudication of Groundwater rights in the Indio 
Subbasin if permitted by applicable Federal law. 
(d) FORFEITURE AND ABANDONMENT.—The Tribal 
Water Right shall not be subject to loss through non-use, 
forfeiture, abandonment, or other operation of law. 
(e) AUTHORITY OF THE TRIBE.— 
(1) IN GENERAL.—Agua Caliente shall have the 
authority to Use the Tribal Water Right on the Res-
ervation in accordance with the Agreement, this Act, 
and applicable Federal law. 
(2) USE OFF THE RESERVATION.— 
(A) IN GENERAL.—Agua Caliente may Use 
the Tribal Water Right off the Reservation, 
subject to and in accordance with the terms of 
the Agreement, this Act, applicable Federal law, 
and subject to the approval of the Secretary. 
(B) 
MAXIMUM
TERM.—The 
maximum 
term of any lease, including all renewals under 
this paragraph, shall not exceed 99 years. 
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(3) ALLOTTEE
LEASE
RIGHTS.—An Allottee 
may lease any interest in land held by an Allottee, 
together with any portion of the Tribal Water Right 
determined to be appurtenant to the interest in the 
land, in accordance with the Tribe’s Water Ordi-
nance, this Act, and the Agreement. 
(4) LAWFUL PURPOSE.—Subject to the terms 
of the Agreement and this Act, Agua Caliente may 
Use the Tribal Water Right for any lawful purpose. 
(5) REUSE.—Agua Caliente may reuse water 
that has been produced as part of the Tribal Water 
Right, subject to and in accordance with the terms 
of the Agreement. 
(f) ADMINISTRATION.— 
(1) NO ALIENATION.—The Tribe shall not per-
manently alienate any portion of the Tribal Water 
Right. 
(2) PURCHASES OR GRANTS OF LAND FROM IN-
DIANS.—An authorization provided by this Act for 
the allocation, distribution, leasing, or arrangement 
entered into pursuant to this Act shall be considered 
to satisfy any requirement for authorization of the 
action required by Federal law. 
(3) PROHIBITION ON FORFEITURE.—The non- 
use of all or any portion of the Tribal Water Right 
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by any water user shall not result in the forfeiture, 
abandonment, relinquishment, or other loss of all or 
any portion of the Tribal Water Right. 
(4) FORBEARANCE
BY
THE
TRIBE.—Ground-
water on which the Tribe does not impose a Tribal 
Production Fee in accordance with the forbearance 
provisions of Section V(A)(3) of the Agreement will 
not be counted as a portion of the Tribal Water 
Right, and the failure to impose a Tribal Production 
Fee pursuant to Section V(A)(3) of the Agreement 
will not result in the forfeiture or abandonment or 
loss by other operation of law of any portion of the 
Tribal Water Right. 
(g) WATER RELATED FEES.— 
(1) PREEMPTION
OF
THE
RAC.—The Tribal 
Water Right shall not be subject to a RAC, in ac-
cordance with the Agreement. The provisions of this 
subsection shall preempt any and all State or local 
laws, decisions, rules, regulations, or actions having 
the effect of law insofar and only insofar as they are 
inconsistent with the provisions of this subsection. 
(2) TRIBAL PRODUCTION FEE.—The Tribe shall 
have the authority to impose, assess, and collect a 
Tribal Production Fee, subject to and in accordance 
with the terms of the Agreement. The Tribal Pro-
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duction Fee shall be governed exclusively by this 
subsection, the Agreement, and the Tribe’s Water 
Ordinance. 
(3) TRIBAL WATER FEE.—The Tribe shall have 
the authority to impose, assess, and collect a Tribal 
Water Fee, subject to and in accordance with the 
terms of the Agreement. The Tribal Water Fee shall 
be governed exclusively by this subsection, the 
Agreement, and the Tribe’s Water Ordinance. 
(4) TRIBAL WATER DELIVERY CHARGE.—The 
Tribe shall have the authority to impose, assess, and 
collect a Tribal Water Delivery Charge, subject to 
and in accordance with the terms of the Agreement. 
The Tribal Water Delivery Charge shall be governed 
exclusively by this subsection, the Agreement, and 
the Tribe’s Water Ordinance. 
(5) TRIBAL DELIVERIES.—Subject to and in ac-
cordance with the Agreement, the Tribe shall have 
the right to deliver water to water users on the Res-
ervation Using the Tribal Water Right at rates, fees, 
and terms and conditions determined by the Tribe. 
Such Use of the Tribal Water Right shall not be 
subject to a RAC. 
(h) ALLOTTEES.— 
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(1) APPLICABILITY OF THE ACT OF FEBRUARY 
8, 1887.—The provisions of section 7 of the Act of 
February 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 shall 
be satisfied from the Tribal Water Right and from 
the Tribe’s surface water rights identified in sub-
section (m)(1). 
(3) ALLOCATIONS.—An Allottee shall be enti-
tled to a just and equitable distribution of water for 
Irrigation purposes. 
(4) CLAIMS.— 
(A) EXHAUSTION OF REMEDIES.—Before 
asserting any claim against the United States 
under section 7 of the Act of February 8, 1887 
(24 Stat. 390, chapter 119, 25 U.S.C. 381), or 
any other applicable law, an Allottee shall ex-
haust remedies available under the Tribe’s 
Water Ordinance or other applicable Tribal 
Law. 
(B) ACTION FOR RELIEF.—After the ex-
haustion of all remedies available under the 
Tribe’s Water Ordinance or other applicable 
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Tribal Law, an Allottee may seek relief under 
section 7 of the Act of February 8, 1887 (24 
Stat. 390, chapter 119; 25 U.S.C. 381), or 
other applicable law. 
(5) AUTHORITY OF THE SECRETARY.—The Sec-
retary shall have the authority to protect the rights 
of Allottees in accordance with this section. 
(i) THE TRIBE’S WATER ORDINANCE.—To the ex-
tent necessary, and subject to and in accordance with the 
approval of the Secretary, the Tribe shall amend the 
Tribe’s Water Ordinance to provide— 
(1) that use of water by Allottees shall be satis-
fied with water from the Tribal Water Right and the 
Tribe’s surface water right described in subsection 
(m)(1); 
(2) a process by which an Allottee may request 
that the Tribe provide water for Irrigation in accord-
ance with this Act, including the provision of water 
under any Allottee lease under section 4 of the Act 
of June 25, 1910 (36 Stat. 856, chapter 431; 25 
U.S.C. 403); 
(3) a due process system for the consideration 
and determination by the Tribe of any request of an 
Allottee (or a successor in interest to an Allottee) for 
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an allocation of water for Irrigation on an Allot-
ment, including a process for— 
(A) appeal and adjudication of any denied 
or disputed distribution of water; 
(B) resolution of any contested administra-
tive decision; and 
(C) a requirement that any Allottee assert-
ing a claim relating to the enforcement of rights 
of the Allottee under the Tribe’s Water Ordi-
nance, including to the quantity of water allo-
cated to land of the Allottee, shall exhaust all 
remedies available to the Allottee under Tribal 
Law before initiating an action against the 
United States or petitioning the Secretary pur-
suant to subsection (h)(4)(B); and 
(4) a process by which an owner of fee land 
within the Reservation may apply for Use of a por-
tion of the Tribal Water Right, subject to and in ac-
cordance with the Agreement and this Act. 
(j) ACTION BY THE SECRETARY.— 
(1) IN GENERAL.—During the period beginning 
on the date of enactment of this Act and ending on 
the date on which the Tribe’s Water Ordinance is 
amended pursuant to subsection (i), the Secretary 
shall administer, with respect to the rights of the 
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water shall be subject to and in accordance with the 
Agreement. 
(n) TRADITIONAL AND CULTURAL USES.—The Tribe 
and Tribal Members shall have the right to produce and 
use water from wells, streams, seeps, and springs on the 
Reservation for traditional and cultural purposes. Such 
uses shall not be counted as use of the Tribal Water Right 
as long as it is for Non-consumptive use. 
(o) STORAGE
OF IMPORTED WATER.—The Tribe 
shall have the right to store Imported Water in the Indio 
Subbasin and recover such stored water, subject to and 
in accordance with the Agreement. 
SEC. 6. SETTLEMENT TRUST FUND. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a trust fund, to be known as the ‘‘Agua Caliente Settle-
ment Trust Fund’’, to be managed, invested, and distrib-
uted by the Secretary and to remain available until ex-
pended, withdrawn, or reverted to the general fund of the 
Treasury, consisting of amounts deposited in the Agua 
Caliente Settlement Trust Fund under subsection (c), to-
gether with any investment earnings, including interest, 
earned on those amounts, for the purpose of carrying out 
this Act. 
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(b) AGUA CALIENTE SETTLEMENT TRUST FUND AC-
COUNTS.—The Secretary shall establish in the Agua 
Caliente Settlement Trust Fund the following accounts: 
(1) Agua Caliente Development Projects Ac-
count. 
(2) Agua Caliente Groundwater Augmentation 
Account. 
(3) Agua Caliente Water Management Account. 
(4) Agua Caliente Operation, Maintenance, and 
Replacement Costs Account. 
(c) DEPOSITS.—The Secretary shall deposit in the 
Agua Caliente Settlement Trust Fund the amounts made 
available under section 7(a). 
(d) MANAGEMENT AND INTEREST.— 
(1) MANAGEMENT.—On receipt and deposit of 
funds into the Agua Caliente Settlement Trust Fund 
under subsection (c), the Secretary shall manage, in-
vest, and distribute all amounts in the Agua Caliente 
Settlement Trust Fund in a manner that is con-
sistent with the investment authority of the Sec-
retary under— 
(A) the first section of the Act of June 24, 
1938 (25 U.S.C. 162a); 
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(B) the American Indian Trust Fund Man-
agement Reform Act of 1994 (25 U.S.C. 4001 
et seq.); and 
(C) this subsection. 
(2) INVESTMENT
EARNINGS.—In addition to 
the amounts deposited under subsection (c), any in-
vestment earnings, including interest, earned on 
those amounts, held in the Agua Caliente Settlement 
Trust Fund are authorized to be used in accordance 
with subsections (e) and (h). 
(e) AVAILABILITY OF AMOUNTS.— 
(1) IN
GENERAL.—Amounts appropriated to, 
and deposited in, the Agua Caliente Settlement 
Trust Fund, including any investment earnings or 
interest earned on those amounts, shall be made 
available to the Tribe by the Secretary beginning on 
the Enforceability Date, subject to the requirements 
of this section, except for funds to be made available 
to the Tribe pursuant to paragraph (2). 
(2) IMPLEMENTATION AND INITIAL DEVELOP-
MENT
PROJECT
FUNDS.—Notwithstanding para-
graph (1), $50,000,000 of the amounts deposited 
into the Agua Caliente Development Projects Ac-
count shall be available to the Tribe on the date on 
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which the amounts are deposited, for uses described 
in subsection (h)(1). 
(f) WITHDRAWALS.— 
(1) WITHDRAWALS BY THE TRIBE UNDER THE 
AMERICAN INDIAN TRUST FUND MANAGEMENT RE-
FORM ACT OF 1994.— 
(A) IN GENERAL.—The Tribe may with-
draw any portion of the amounts in the Agua 
Caliente Settlement Trust Fund on approval by 
the Secretary of a Tribal management plan sub-
mitted by the Tribe in accordance with the 
American Indian Trust Fund Management Re-
form Act of 1994 (25 U.S.C. 4001 et seq.). 
(B) REQUIREMENTS.—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 under this paragraph shall require that the 
Tribe shall spend all amounts withdrawn from 
the Agua Caliente Settlement Trust Fund, and 
any investment earnings (including interest) 
earned in those amounts, through the invest-
ments under the Tribal management plan, in 
accordance with this Act and the Agreement. 
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(C) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
essary to enforce the Tribal management plan 
under this paragraph to ensure that amounts 
withdrawn by the Tribe from the Agua Caliente 
Settlement Trust Fund under subparagraph 
(A) are used in accordance with this Act. 
(2) WITHDRAWALS BY TRIBE PURSUANT TO AN 
EXPENDITURE PLAN.— 
(A) IN GENERAL.—The Tribe may submit 
to the Secretary a request to withdraw amounts 
from the Agua Caliente Settlement Trust Fund 
pursuant to an approved expenditure plan. 
(B) REQUIREMENTS.—To be eligible to 
withdraw amounts under an expenditure plan 
under subparagraph (A), the Tribe shall submit 
to the Secretary an expenditure plan for any 
portion of the Agua Caliente Settlement Trust 
Fund the Tribe elects to withdraw pursuant to 
this subparagraph, subject to the condition that 
the amounts shall be used for the purposes de-
scribed in this Act and the Agreement. 
(C) INCLUSIONS.—An expenditure plan 
submitted under this paragraph shall include a 
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description of the manner and purpose for 
which the amounts proposed to be withdrawn 
from the Agua Caliente Settlement Trust Fund 
will be used by the Tribe, in accordance with 
this subsection and subsection (h). 
(D) APPROVAL.—The Secretary shall ap-
prove an expenditure plan submitted under sub-
paragraph (A) if the Secretary determines that 
the expenditure plan— 
(i) is reasonable; and 
(ii) is consistent with, and will be used 
for, the purposes of this Act. 
(E) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
essary to enforce an expenditure plan to ensure 
that amounts withdrawn under this paragraph 
are used in accordance with this Act. 
(g) EFFECT OF SECTION.—Nothing in this section 
gives the Tribe the right to judicial review of a determina-
tion by the Secretary relating to whether to approve the 
Tribal management plan under paragraph (1) of sub-
section (f) or an expenditure plan under paragraph (2) 
of that subsection, except under subchapter II of chapter 
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5, and chapter 7, of title 5, United States Code (commonly 
known as the ‘‘Administrative Procedure Act’’). 
(h) USES.— 
(1) AGUA CALIENTE DEVELOPMENT PROJECTS 
ACCOUNT.—The 
Agua 
Caliente 
Development 
Projects Account established under subsection (b)(1) 
may be used for the cost of planning, permitting, de-
signing, engineering, investing in, and constructing 
water-related projects and facilities which improve 
the water supply, water reliability, water infrastruc-
ture, or water quality for water supplying the Agua 
Caliente Indian Reservation or the Indio Subbasin, 
including but not limited to recycling projects, and 
for conducting related activities, including environ-
mental compliance in the development and construc-
tion of projects under this Act. 
(2) AGUA
CALIENTE
GROUNDWATER
AUG-
MENTATION ACCOUNT.—The Agua Caliente Ground-
water Augmentation Account established under sub-
section (b)(2) shall be used by the Tribe, subject to 
and in accordance with the Agreement, to reimburse, 
together with any interest earned on those funds, 
the Water Districts for investments that the Water 
Districts have made or will make in projects that 
will augment Groundwater supplies in the Indio 
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Subbasin and support Groundwater levels under the 
Reservation. 
(3) AGUA CALIENTE WATER MANAGEMENT AC-
COUNT.—The Agua Caliente Water Management Ac-
count established under subsection (b)(3) may be 
used for Tribal Water Right management and ad-
ministration. 
(4) AGUA
CALIENTE
OPERATION, 
MAINTE-
NANCE, AND REPLACEMENT COSTS ACCOUNT.—The 
Agua Caliente Operation, Maintenance and Replace-
ment Costs Account established under subsection 
(b)(4) may be used for operating, maintaining, reha-
bilitating, reconstructing and replacing water infra-
structure for any Agua Caliente Development 
Projects, including but not limited to recycled water 
projects. 
(i) LIABILITY.—The Secretary and the Secretary of 
the Treasury shall not be liable for the expenditure or in-
vestment of any amounts withdrawn from the Agua 
Caliente Settlement Trust Fund by the Tribe under para-
graph (1) or (2) of subsection (f). 
(j) EXPENDITURE REPORTS.—The Tribe shall annu-
ally submit to the Secretary an expenditure report describ-
ing accomplishments and amounts spent from the use of 
withdrawals under the Tribal management plan or an ex-
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penditure plan under paragraph (1) or (2) of subsection 
(f), as applicable. 
(k) NO PER CAPITA DISTRIBUTIONS.—No portion of 
the Agua Caliente Settlement Trust Fund shall be distrib-
uted on a per capita basis to any Tribal Member. 
(l) TITLE TO INFRASTRUCTURE.— 
(1) Title to, control over, and operation of any 
project constructed using funds from the Agua 
Caliente Settlement Trust Fund shall remain in the 
Tribe, unless the Tribe otherwise agrees, and except 
for projects that receive funding under this Act, only 
through the Agua Caliente Groundwater Augmenta-
tion Account, in accordance with the Agreement. 
(2) Notwithstanding section 5(i), if the Tribe 
and a Water District agree to fund a project from 
both the Agua Caliente Groundwater Augmentation 
Account and other sources of funding secured by the 
Tribe, the Tribe and Water District will determine 
appropriate title, control, and operation of the 
project or project components. 
(m) OPERATION, MAINTENANCE, AND REPLACE-
MENT COSTS.— 
(1) All operation, maintenance, and replace-
ment costs of any project constructed using funds 
from the Agua Caliente Settlement Trust Fund shall 
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be the responsibility of the Tribe, unless the Tribe 
otherwise agrees, and except for projects that receive 
funding under this Act, only through the Agua 
Caliente Groundwater Augmentation Account, in ac-
cordance with the Agreement. 
(2) Notwithstanding section 5(i), if the Tribe 
and a Water District agree to fund a project from 
both the Agua Caliente Groundwater Augmentation 
Account and other sources of funding secured by the 
Tribe, the Tribe and Water District will determine 
the appropriate sharing of operation, maintenance, 
and replacement costs. 
SEC. 7. FUNDING. 
(a) MANDATORY
APPROPRIATIONS.—Out of any 
money in the Treasury not otherwise appropriated, the 
Secretary of the Treasury shall transfer to the Secretary 
the following amounts to deposit in the following accounts: 
(1) AGUA CALIENTE DEVELOPMENT PROJECTS 
ACCOUNT.—$300,000,000, to remain available until 
expended, withdrawn, or reverted to the general 
fund of the Treasury. 
(2) AGUA
CALIENTE
GROUNDWATER
AUG-
MENTATION
ACCOUNT.—$100,000,000, to remain 
available until expended, withdrawn, or reverted to 
the general fund of the Treasury. 
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(3) AGUA CALIENTE WATER MANAGEMENT AC-
COUNT.—$50,000,000, to remain available until ex-
pended, withdrawn, or reverted to the general fund 
of the Treasury. 
(4) AGUA CALIENTE OPERATION, MAINTENANCE 
AND REPLACEMENT COSTS ACCOUNT.—$50,000,000, 
to remain available until expended, withdrawn, or re-
verted to the general fund of the Treasury. 
(b) FLUCTUATION IN COSTS.— 
(1) IN GENERAL.—The amounts appropriated 
under subsection (a) shall be increased or decreased, 
as appropriate, by such amounts as may be justified 
by reason of ordinary fluctuations in costs, as indi-
cated by the Bureau of Reclamation Construction 
Cost Index-Composite Trend. 
(2) CONSTRUCTION
COST
ADJUSTMENT.—The 
amounts appropriated under subsection (a) shall be 
adjusted to address construction cost changes nec-
essary to account for unforeseen market volatility 
that may not otherwise be captured by engineering 
costs indices, as determined by the Secretary, includ-
ing repricing applicable to the types of construction 
and current industry standards involved. 
(3) REPETITION.—The adjustment process 
under this subsection shall be repeated for each sub-
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sequent amount appropriated until the authorized 
amount, as adjusted, has been appropriated. 
(4) PERIOD OF INDEXING.—The period of in-
dexing and adjustment under this subsection for any 
increment of funding shall start on May 19, 2025, 
and shall end on the date on which funds are depos-
ited in the Agua Caliente Settlement Trust Fund. 
SEC. 8. ENFORCEABILITY DATE. 
(a) IN GENERAL.—The enforceability date shall be 
the date on which the Secretary publishes in the Federal 
Register a statement of findings that— 
(1) to the extent that the Agreement conflicts 
with this Act, the Agreement has been amended to 
conform with this Act; 
(2) the Agreement, as amended, has been exe-
cuted by the all the parties to the Agreement, in-
cluding the United States; 
(3) Congress has fully appropriated, or the Sec-
retary has provided from other sources, all funds for 
deposit in the accounts under section 7(a); 
(4) the Decree Court has approved the Agree-
ment and entered the Final Judgment and Decree; 
and 
(5) the waivers and releases under section 9 
have been executed by the Tribe and the Secretary. 
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(b) EXPIRATION.— 
(1) IN GENERAL.—This Act shall expire in any 
case in which the Secretary fails to publish a state-
ment of findings under subsection (a) by not later 
than— 
(A) December 31, 2035; or 
(B) such alternative later date as is agreed 
to by the Tribe, the Secretary, CVWD, and 
DWA. 
(2) CONSEQUENCES.—If this Act expires under 
paragraph (1)— 
(A) the waivers and releases under sub-
sections (a), (b), and (c) of section 9 shall not 
become effective; 
(B) the authorization, ratification, con-
firmation, and execution of the Agreement 
under section 4 shall no longer be effective; 
(C) any action carried out by the Sec-
retary, and contract or agreement entered into, 
pursuant to this Act shall be void; 
(D) any unexpended Federal funds appro-
priated or made available to carry out the ac-
tivities authorized by this Act, together with 
any interest earned on those funds, and any 
water rights or contracts to use water and title 
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to other property acquired or constructed with 
Federal funds appropriated or made available 
to carry out the activities authorized by this 
Act, shall be returned to the Federal Govern-
ment, unless otherwise agreed to by the Tribe 
and the United States and approved by Con-
gress; and 
(E) except for Federal funds used to ac-
quire or construct property that is returned to 
the Federal Government under subparagraph 
(D), the United States shall be entitled to offset 
any Federal funds made available to carry out 
this Act that were expended or withdrawn, or 
any funds made available to carry out this Act 
from other Federal authorized sources, together 
with any interest accrued on those funds, 
against any Claim against the United States re-
lating to water rights in the State as asserted 
by the Tribe or any user of the Tribe’s rights 
or any other matter covered by this subsection; 
or in any future settlement of water rights of 
the Tribe. 
SEC. 9. WAIVER AND RELEASE OF CLAIMS. 
(a) WAIVERS AND RELEASES OF CLAIMS BY THE 
TRIBE AND THE UNITED STATES AS TRUSTEE FOR THE 
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TRIBE.—Subject to the reservation of rights and retention 
of Claims set forth in subsection (e), as consideration for 
the recognition of the Tribal Water Right and the other 
benefits described in the Agreement and this Act, the 
Tribe on its own behalf (and on behalf of Tribal Members 
where the Claims of the Tribal Members derive from 
rights of the Tribe) and the United States, acting as trust-
ee for the Tribe, shall execute a waiver and release of all 
Claims for— 
(1) water rights that the Tribe, or the United 
States acting as trustee for the Tribe, asserted or 
could have asserted in any proceeding, including the 
Agua Caliente Litigation, on or before the Enforce-
ability Date, except to the extent that such rights 
are recognized in the Agreement and this Act; 
(2) rights to pore space that the Tribe, or the 
United States acting as trustee for the Tribe, as-
serted or could have asserted in any proceeding, in-
cluding the Agua Caliente Litigation, on or before 
the Enforceability Date, except to the extent that 
rights related to pore space are recognized in the 
Agreement and this Act; 
(3) damages, losses, or injuries to water rights 
or claims of interference with, diversion of, or taking 
of water rights (including Claims for injury to land 
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resulting from such damages, losses, injuries, inter-
ference with, diversion, or taking of water rights) 
against CVWD or DWA arising or occurring at any 
time up to and including the Enforceability Date or 
arising or occurring after the Enforceability Date as 
the result of actions consistent with the provisions of 
the Agreement and this Act; 
(4) damages, losses, or injuries resulting from 
Groundwater overdraft, including subsidence or loss 
of storage capacity, against CVWD or DWA arising 
or occurring at any time up to and including the En-
forceability Date or arising or occurring after the 
Enforceability Date as the result of actions con-
sistent with the provisions of the Agreement and this 
Act; 
(5) damages, losses, or injuries resulting from 
CVWD’s or DWA’s imposition, assessment, levy, 
charge, or collection of RAC on the Reservation at 
any time up to and including the Enforceability 
Date or arising or occurring after the Enforceability 
Date as the result of actions consistent with the pro-
visions of the Agreement and this Act; 
(6) water quality degradation against CVWD 
and DWA where the water that is the basis for the 
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Claim meets all relevant Federal and State water 
quality requirements; 
(7) damages, losses or injuries resulting from 
CVWD’s or DWA’s exercise of their authority under 
California law to provide water service to customers 
on the Reservation at any time up to and including 
the Enforceability Date, or after the Enforceability 
Date when as a result of actions consistent with the 
Agreement and this Act; and 
(8) damages, losses, or injuries arising out of, 
or relating to, the negotiation, execution, or adoption 
of the Agreement or the negotiation or execution of 
this Act. 
(b) WAIVERS AND RELEASES OF CLAIMS BY THE 
UNITED STATES AS TRUSTEE FOR ALLOTTEES.—Subject 
to the reservation of rights and the retention of Claims 
under subsection (e), and in consideration for recognition 
of the Tribal Water Right and the other benefits described 
in the Agreement and this Act, the United States, acting 
as trustee for the Allottees, shall execute a waiver and re-
lease of all Claims for water rights within the Reservation 
that the United States, acting as trustee for the Allottees, 
asserted or could have asserted in any proceeding, includ-
ing the Agua Caliente Litigation, on or before the En-
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forceability Date, except to the extent that such rights are 
recognized in the Agreement and this Act. 
(c) WAIVERS AND RELEASES OF CLAIMS BY THE 
TRIBE AGAINST THE UNITED STATES.—Subject to the 
reservation of rights and retention of Claims under sub-
section (e), the Tribe shall execute a waiver and release 
of all Claims against the United States (including any 
agency or employee of the United States) for or related 
to— 
(1) water rights that the United States, acting 
as trustee for the Tribe, asserted or could have as-
serted in any proceeding, including the Agua 
Caliente Litigation, on or before the Enforceability 
Date, except to the extent that such rights are rec-
ognized as part of the Tribal Water Right under the 
Agreement or this Act; 
(2) foregone benefits from non-Tribal use of 
water, on and off the Reservation, first arising be-
fore the Enforceability Date; 
(3) 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 hunting, fishing, gathering, or cultural 
rights due to loss of water or water rights, Claims 
relating to interference with, diversion of, or taking 
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of water, or Claims relating to failure to protect, ac-
quire, replace, or develop water, water rights, or 
water infrastructure) first arising before the En-
forceability Date; 
(4) failure to prevent degradation of water 
quality in the Indio Subbasin consistent with the 
Agreement, or resulting from use of Recycled Water 
under the Agreement; 
(5) failure of CVWD or DWA to deliver Domes-
tic Water, or provide Domestic Water Service, to 
Reservation Customers under terms consistent with 
the Agreement and the exhibits thereto; 
(6) failure of CVWD or DWA to comply with 
the Memorandum of Cooperation; 
(7) failure of the City of Palm Springs to com-
ply with a future agreement for a RW Project de-
scribed in Section XVI(B) of the Agreement 
(8) failure of the County of Riverside to comply 
with an intergovernmental agreement entered into 
under section 11(b)(6) of this Act; 
(9) the litigation of Claims relating to any 
water right of the Tribe in the Indio Subbasin, first 
arising before the Enforceability Date; and 
(10) damages, losses, or injuries arising out of, 
or relating to, the negotiation, execution, or adoption 
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of the Agreement or the negotiation or execution of 
this Act, first arising before the Enforceability Date. 
(d) EFFECTIVE DATE.—The waivers and releases de-
scribed in subsections (a), (b), and (c) shall take effect 
on the Enforceability Date. 
(e) RESERVATION OF RIGHTS AND RETENTION OF 
CLAIMS BY THE TRIBE AND THE UNITED STATES AS 
TRUSTEE FOR THE TRIBE AND ALLOTTEES.—Notwith-
standing the waivers and releases under subsections (a), 
(b), and (c), the Tribe and the United States, acting as 
trustee for the Tribe and Allottees, shall retain— 
(1) all Claims for enforcement of the Agree-
ment, this Act, and the Final Judgment and Decree; 
(2) except as provided by Sections XIV(D) and 
XV(C) of the Agreement, all Claims under State and 
Federal law related to activities affecting the quality 
of water, including Claims under— 
(A) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.) and amendments 
thereto, including for damages to natural re-
sources; 
(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.) (commonly re-
ferred to as the ‘‘Clean Water Act’’) and 
amendments thereto; and 
(D) any regulations implementing the Acts 
described in subparagraphs (A) through (C). 
(3) the right to use and protect water rights ac-
quired after the enactment of this Act; 
(4) Claims for damages, losses, or injuries to 
land or natural resources, including hunting, fishing, 
gathering, or cultural rights, that are not due to loss 
of water or water rights under subsection (a)(3) and 
are not covered by subsections (a)(2) and (a)(4) 
through (a)(7); 
(5) Claims for damages, losses, or injuries re-
sulting from a Water District’s failure to obtain the 
requisite permission, consent, or authority to use or 
to construct and maintain water infrastructure or 
other improvements on Agua Caliente Indian Res-
ervation Trust Land as required by Federal law; 
(6) Claims for damages, losses, or injuries re-
sulting from a Water District’s negligent, reckless, 
or willful misconduct; 
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(7) all rights, remedies, privileges, immunities, 
and powers and Claims not waived and released pur-
suant to the Agreement or this Act; and 
(8) the right to assert all defenses, including 
sovereign immunity, that the Tribe and United 
States otherwise could assert in response to the 
Claims retained by CVWD and DWA in section 
XIX(F) of the Agreement. 
(f) EFFECT OF TITLE.—Nothing in this Act— 
(1) reduces or extends the sovereignty (includ-
ing civil and criminal jurisdiction) of any govern-
ment entity, except to the degree that specific ac-
tions are preempted, prohibited, authorized, or re-
quired; 
(2) affects the ability of the United States, act-
ing as sovereign, to carry out any activity authorized 
by law, including— 
(A) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.) and amendments 
thereto; 
(B) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.) and amendments thereto; 
(C) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.) (commonly re-
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ferred to as the ‘‘Clean Water Act’’) and 
amendments thereto; 
(D) the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.); and 
(E) any regulations implementing the Acts 
described in subparagraphs (A) through (D). 
(3) affects the ability of the United States to 
act as trustee for any other Indian Tribe or an allot-
tee of any other Indian Tribe; 
(4) confers jurisdiction on any State court— 
(A) to interpret Federal law relating to 
health, safety, or the environment; 
(B) to determine the duties of the United 
States or any other party under Federal law re-
garding health, safety, or the environment; 
(C) to conduct judicial review of a Federal 
agency action; or 
(D) to interpret Tribal Law; or 
(5) waives any Claim of a Tribal Member in an 
individual capacity that does not derive from a right 
of the Tribe. 
(g) TOLLING OF CLAIMS.— 
(1) IN
GENERAL.—Each applicable period of 
limitation and time-based equitable defense relating 
to a Claim described in this section or in Section 
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XIX of the Agreement shall be tolled for the period 
beginning on the date of enactment of this Act and 
ending on the Enforceability Date. 
(2) EFFECT 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 limitation or any 
time-based equitable defense under any other appli-
cable law. 
SEC. 10. SATISFACTION OF CLAIMS. 
(a) IN GENERAL.—The benefits provided to the Tribe 
under this Act shall be in complete replacement of, com-
plete substitution for, and full satisfaction of all Claims 
of the Tribe against the United States that are waived 
and released pursuant to section 9(c). 
(b) ALLOTTEE CLAIMS.—The benefits realized by the 
Allottees under this Act shall be in complete replacement 
of, complete substitution for, and full satisfaction of— 
(1) all Claims that are waived and released pur-
suant to section 9(b); and 
(2) any Claims of the Allottees against the 
United States that the Allottees have or could have 
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asserted that are similar in nature to any claim de-
scribed in section 9(b). 
SEC. 11. POSSESSORY INTEREST TAX. 
(a) PREEMPTION OF RIVERSIDE COUNTY AD VALO-
REM PROPERTY TAX.— 
(1) IN GENERAL.—No Possessory Interest shall 
be subject to the Riverside County Ad Valorem 
Property Tax for any taxable period when the Tribe 
imposes a Tribal Tax on such Possessory Interest. 
The provisions of this section shall preempt any and 
all State or local laws, decisions, rules, regulations, 
or actions having the effect of law insofar as incon-
sistent with the provisions of this section. 
(2) LIMITED APPLICABILITY.—The preemption 
in this section shall not apply to any fee, tax, assess-
ment, levy, or other charge imposed by any Other 
Public Agency. 
(b) TRIBAL POSSESSORY INTEREST TAX.— 
(1) IN GENERAL.—The Tribe shall have the au-
thority to impose, assess, collect, and distribute a 
Tribal Tax on Possessory Interests in lieu of the 
Riverside County Ad Valorem Property Tax. Such 
tax shall be governed exclusively by this section and 
any law adopted by the Tribe to implement the Trib-
al Tax. The Tribe may delegate this authority to the 
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Riverside County via an intergovernmental agree-
ment as provided in paragraph (6). 
(2) AMOUNT OF TRIBAL TAX.—The Tribal Tax 
shall not for any taxable period be imposed with re-
spect to any Possessory Interest at a rate or on an 
assessed value lower than the rate and any assessed 
value that, but for the preemption in this section, 
would have formed the basis for imposition and as-
sessment of the Riverside County Ad Valorem Prop-
erty Tax with respect to such Possessory Interest for 
such taxable period. 
(3) 
EXEMPTIONS.—Leaseholds, 
easements, 
rights of way, and other property interests or enter-
prises held or conducted by governments or non-
profit organizations that are exempt from property 
taxation under California law shall be similarly ex-
empt from any Tribal Tax. 
(4) DISTRIBUTIONS TO OTHER PUBLIC AGEN-
CIES.—Subject to paragraph (8), the Tribe shall dis-
tribute Tribal Tax proceeds to Other Public Agen-
cies in the amounts that, but for the preemption in 
this section, such Other Public Agencies would have 
been entitled to receive from the levy of the River-
side County Property Tax on the Possessory Inter-
ests. These distributions will take priority over any 
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other use of the Tribal tax proceeds and will be 
made in accordance with the Tax Apportionment 
Schedule. 
(5) ENFORCEMENT.—The requirements of this 
section, including the distributions to Other Public 
Agencies pursuant to paragraph (4), shall be en-
forceable by Other Public Agencies in Federal dis-
trict court, except to the degree that enforcement is 
available in an intergovernmental agreement with 
the County pursuant to paragraph (6). The Tribe 
waives its sovereign immunity for the specific and 
limited purpose of enforcing those requirements. 
(6) DELEGATION OF AUTHORITY.—The Tribe 
may delegate its authority to assess, collect, and dis-
tribute the Tribal Tax to Riverside County through 
an intergovernmental agreement. Such agreement 
shall provide that Riverside County shall distribute 
to Other Public Agencies the amounts that, but for 
the preemption in this section, such Other Public 
Agencies would have been entitled to receive from 
the levy of the Riverside County Property Tax on 
the Possessory Interests and in accordance with the 
Tax Apportionment Schedule. Such agreement will 
also provide that the Other Public Agencies are 
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third-party beneficiaries of the Agreement and enti-
tled to enforce its terms. 
(7) USE
OF
TRIBAL
TAX
PROCEEDS.—Tribal 
Tax proceeds shall not be used for per capita dis-
tribution to Tribal Members and shall be used solely 
for the following purposes— 
(A) offsetting the operating cost of the 
Agua Caliente Water Authority; 
(B) offsetting the cost of operation, main-
tenance, repair, and replacement of the Tribe’s 
water project infrastructure; 
(C) funding the Tribe’s government, in-
cluding but not limited to offsetting costs asso-
ciated with administering the Tribal Tax; and 
(D) providing funds to Other Public Agen-
cies, including assurance that the Other Public 
Agencies will receive proceeds from the Tribal 
Tax at least equivalent to the distributions that 
they would have received from the levy of the 
Riverside 
County 
Property 
Tax 
on 
the 
Possessory Interests but for the preemption in 
this section. 
(8) LIMITATION ON DISTRIBUTIONS TO OTHER 
PUBLIC
AGENCIES.—Unless the Tribe determines 
otherwise, in no event will the Tribe be required to 
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distribute Tribal Tax proceeds such that Other Pub-
lic Agencies receive a greater amount of combined 
State or Tribal Tax revenue, than the Other Public 
Agencies would otherwise receive pursuant to Cali-
fornia law but for the preemption in this section. 
(c) EFFECTIVE DATE.—This section shall take effect 
on the first day of January following the Enforceability 
Date. 
SEC. 12. TRANSFER OF LAND INTO TRUST. 
(a) TRANSFER OF LAND TO TRUST.— 
(1) LANDS TO BE HELD IN TRUST.—Subject to 
valid existing rights, and the requirements of this 
subsection, all right, title, and interest of the United 
States in and to the land described in paragraph (2) 
shall be held in trust by the United States for the 
benefit of the Tribe as part of the Agua Caliente 
Reservation upon the Enforceability Date. 
(2) BUREAU OF LAND MANAGEMENT LANDS TO 
BE HELD IN TRUST.—The land referred to para-
graph (1) is— 
(A) approximately 640 acres of land lo-
cated in Section 32, Township 5 South, Range 
4 East, San Bernadino Base and Meridian; 
(B) approximately 145 acres of land lo-
cated in— 
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(i) the North 1⁄2 of Government Lot 2 
and the South 1⁄2 of Government Lot 1 in 
the Northwest 1⁄4 of Section 18, Township 
4 South, Range 4 East, San Bernadino 
Base and Meridian; 
(ii) the Northwest 1⁄4 of the Northeast 
1⁄4 of the Southwest 1⁄4 of Section 18, 
Township 4 South, Range 4 East, San 
Bernadino Base and Meridian; 
(iii) the Northeast 1⁄4 of the Northeast 
1⁄4 of the Southwest 1⁄4 of Section 18, 
Township 4 South, Range 4 East, San 
Bernadino Base and Meridian; and 
(iv) the West 1⁄2 of the Northeast 1⁄4 
of Section 18, Township 4 South, Range 4 
East, San Bernadino Base and Meridian. 
(C) approximately 647 acres of land com-
prising Section 5, Township 5 South, Range 4 
East, San Bernadino Base and Meridian; 
(D) approximately 640 acres of land com-
prising Section 36, Township 5 South, Range 4 
East, San Bernadino Base and Meridian; 
(E) approximately 640 acres of land lo-
cated in Section 16, Township 4 South, Range 
4 East, San Bernadino Base and Meridian; and 
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(F) approximately 30 acres of land located 
in— 
(i) the East 1⁄2 of the West 1⁄2 of the 
Northwest 1⁄4 of the Northeast 1⁄4 of Sec-
tion 17 Township 4 South, Range 4 East 
San Bernadino Base and Meridian; 
(ii) the West 1⁄2 of the West 1⁄2 of the 
Northwest 1⁄4 of the Northeast 1⁄4 of Sec-
tion 17 Township 4 South, Range 4 East, 
San Bernadino Base and Meridian; and 
(iii) the West 1⁄2 of the East 1⁄2 of the 
Northwest 1⁄4 of the Northeast 1⁄4 of Sec-
tion 17 Township 4 South, Range 4 East, 
San Bernadino Base and Meridian. 
(3) CDPA.—The lands referred to and delin-
eated in clauses (ii), (iii), and (iv) of paragraph 
(2)(B) shall be transferred notwithstanding section 
714(b) of the California Desert Protection Act of 
1994 (16 U.S.C. 410aaa-81c(b)). 
(4) SANTA ROSA AND SAN JACINTO MOUNTAINS 
NATIONAL MONUMENT ACT OF 2000.—The lands re-
ferred to and delineated in paragraph (2)(A) 
through (E) shall be transferred notwithstanding 
section 5(i)(1)(a) of the Santa Rosa and San 
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Jacinto Mountains National Monument Act of 2000 
(Public Law 106–351). 
(b) TERMS AND CONDITIONS.— 
(1) EXISTING AUTHORIZATIONS.—Any Federal 
land transferred under this section shall be conveyed 
and taken into trust subject to valid existing rights, 
contracts, leases, permits, and rights-of-way, unless 
the holder of the right, contract, lease, permit, or 
right-of-way requests and earlier termination in ac-
cordance with existing law. The Bureau of Indian 
Affairs shall assume all benefits and obligations of 
the previous land management agency under such 
existing rights, contracts, leases, permits, or rights- 
of-way, and shall disburse to the Tribe any amounts 
that accrue to the United States from such rights, 
contracts, leases, permits, or rights-of-ways after the 
date of transfer from any sale, bonus, royalty, or 
rental relating to that land in the same manner as 
amounts received from other land held by the Sec-
retary in trust for the Tribe. 
(2) IMPROVEMENTS.—Any improvements con-
stituting personal property, as defined by State law, 
belonging to the holder of a right, contract, lease, 
permit, or right-of-way on lands transferred under 
this section shall remain the property of the holder 
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and shall be removed no later than 90 days after the 
date on which the right, contract, lease, permit, or 
right-of-way expires, unless the Tribe and the holder 
agree otherwise. Any such property remaining be-
yond the 90-day period shall become the property of 
the Tribe and shall be subject to removal and dis-
position at the Tribe’s discretion. The holder shall 
be liable for costs the Tribe incurs in removing and 
disposing of the property. 
(c) WITHDRAWAL OF FEDERAL LANDS.— 
(1) IN
GENERAL.—Subject to valid existing 
rights, effective on the date of enactment of this Act, 
all Federal lands within the parcels described in sub-
section (a)(2) are withdrawn from all forms of— 
(A) entry, appropriation, or disposal under 
the public land laws; 
(B) location, entry, and patent under the 
mining laws; and 
(C) disposition under all laws pertaining to 
mineral and geothermal leasing or mineral ma-
terials. 
(d) TECHNICAL
CORRECTIONS.—Notwithstanding 
the descriptions of the parcels of land in subsection (a)(2), 
the United States may, with the consent of the Tribe, 
make technical corrections to the legal land descriptions 
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to more specifically identify the parcels to be transferred 
into trust for the Tribe. 
(e) SURVEY.— 
(1) Unless the United States or the Tribe re-
quests an additional survey for the transferred land 
or a technical correction is made under subsection 
(d), the description of land under this section shall 
be controlling. 
(2) If the United States or the Tribe requests 
an additional survey, that survey shall control the 
total acreage to be transferred into trust under this 
section. 
(3) The Secretary of Interior or Secretary of 
Agriculture shall provide such assistance as may be 
appropriate— 
(A) to conduct additional surveys of the 
transferred land; and 
(B) to satisfy administrative requirements 
necessary to accomplish the land transfers 
under this section. 
(f) DATE OF TRANSFER.—The Secretary shall issue 
trust deeds for all land transfers under this section by not 
later than 10 years after the Enforceability Date. 
(g) RESTRICTION ON GAMING.—Lands taken into 
trust pursuant to this section shall not be considered to 
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have been taken into trust for, nor eligible for, class II 
gaming or class III gaming (as those terms are defined 
in section 4 of the Indian Gaming Regulatory Act (25 
U.S.C. 2703). 
(h) STATUS OF WATER RIGHTS ON TRANSFERRED 
LANDS.—Any water rights associated with the lands 
transferred pursuant to subsection (a)(1) shall be held in 
trust for the Tribe but shall not be included in the Tribal 
Water Right. 
SEC. 
13. 
CONVEYANCE 
OF 
FEDERAL 
LAND 
TO 
THE 
COACHELLA VALLEY WATER DISTRICT. 
(a) IN GENERAL.—Notwithstanding the land use 
planning requirements of sections 202 and 203 of the Fed-
eral Land Policy and Management Act of 1976 (43 U.S.C. 
1712, 1713), if not later than 30 days after completion 
of the appraisal required under subsection (b), CVWD 
submits to the Secretary an offer to acquire the Facility 
Land for the Fair Market Value as determined pursuant 
to subsection (b), the Secretary shall, not later than 30 
days after the date of the offer, convey to CVWD all right, 
title, and interest to the Facility Land, subject to valid 
existing rights. 
(b) DETERMINATION OF FAIR MARKET VALUE.— 
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(1) IN GENERAL.—Not later than 90 days after 
the Enforceability Date, the Secretary shall deter-
mine the fair market value of the Facility Land— 
(A) in accordance with the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.); and 
(B) based on an appraisal that is con-
ducted in accordance with— 
(i) the Uniform Appraisal Standards 
for Federal Land Acquisitions; and 
(ii) the Uniform Standards of Profes-
sional Appraisal Practice. 
(2) COST OF APPRAISAL.—All costs associated 
with the appraisal under paragraph (1) shall be 
borne by CVWD. 
(c) PAYMENT OF CONSIDERATION.—Not later than 
30 days after the date on which the Facility Land is con-
veyed under subsection (a), as a condition of the convey-
ance, CVWD shall pay to the Secretary an amount equal 
to the fair market value as determined under subsection 
(b). 
(d) COSTS OF CONVEYANCE.—In addition to the fair 
market value determined under subsection (b), CVWD, as 
the buyer, shall pay all costs related to the applicable con-
veyance, including surveys and appraisals. 
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(e) DISPOSITION OF PROCEEDS.—The proceeds from 
the sale of the Facility Land shall be— 
(1) deposited in the Federal Land Deposit Ac-
count established by section 206 of the Federal 
Land Transaction Facilitation Act (43 U.S.C. 
2305(a)); and 
(2) used in accordance with that Act. 
(f) TECHNICAL CORRECTIONS.—Notwithstanding the 
descriptions of the Facility Land as defined in section 3, 
the United States may, with the consent of CVWD, make 
technical corrections to the legal land descriptions to more 
specifically identify the parcels to be transferred to 
CVWD. 
(g) PROTECTION OF CULTURAL RESOURCES.— 
(1) CESSATION OF GROUND DISTURBING ACTIV-
ITY
UPON
DISCOVERY
OF
TRIBAL
CULTURAL
RE-
SOURCES.—Upon the discovery of any suspected 
Tribal Cultural Resources at the Facility and Adja-
cent Lands CVWD shall immediately cease, or cause 
the cessation of, all ground disturbing activity in the 
immediate vicinity (defined as an area sufficient to 
protect the discovery of the resource and a buffer 
zone sufficient to allow safe investigation of the dis-
covery and to protect any other potentially associ-
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ated features) of the suspected Tribal Cultural Re-
sources. 
(2) DURATION OF CESSATION OF GROUND DIS-
TURBING ACTIVITY.—All ground disturbing activity 
in the immediate vicinity of any suspected Tribal 
Cultural Resources at the Facility or Adjacent 
Lands shall remain suspended until— 
(A) a conclusive determination has been 
made that the discovery does not involve a Trib-
al Cultural Resource; or 
(B) final treatment and disposition of the 
Tribal Cultural Resource in compliance with 
this subsection. 
(3) DISCOVERY OF CULTURAL RESOURCES.— 
(A) NOTICE.—If CVWD or its representa-
tives discover potential Tribal Cultural Re-
sources, excluding human remains, at the Facil-
ity or Adjacent Lands, CVWD shall promptly 
notify the Agua Caliente Director of Historic 
Preservation and General Counsel. 
(B) HUMAN REMAINS.— If CVWD or its 
representatives discover human remains, CVWD 
shall— 
(i) promptly notify— 
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(I) the Agua Caliente Director of 
Historic Preservation; 
(II) General Counsel; and 
(III) the County Coroner, re-
questing a determination as to wheth-
er the remains are Native American 
human remains; and 
(ii) cover reasonable fees and costs 
charged by the County Coroner, if applica-
ble. 
(C) TRIBAL INVOLVEMENT.—If the Tribe 
is identified as the Most Likely Descendant 
with respect to a Tribal Cultural Resource, in 
addition to requirements of applicable State 
law, CVWD shall— 
(i) give access to the Tribe to inspect 
the discovery site and to decide, at the sole 
discretion of the Tribe, on the treatment 
and disposition of the Tribal Cultural Re-
source; and 
(ii) if the Tribe chooses reburial for 
the Tribal Cultural Resource, facilitate or 
secure authorization for on-site reburial at 
a location— 
(I) mutually agreed upon; and 
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