(C) a process by which an Allottee may re-
quest that the Band provide water for irrigation 
or domestic purposes in accordance with this 
Act; 
(D) a due process system for the consider-
ation and determination by the Band of any re-
quest by an Allottee (or any successor in inter-
est to an Allottee) for an allocation of such 
water for irrigation or domestic purposes on al-
lotted 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) a requirement that any Allottee with a 
claim relating to the enforcement of rights of 
the Allottee under the Pechanga Water Code or 
relating to the amount of water allocated to 
land of the Allottee must first exhaust remedies 
available to the Allottee under tribal law and 
the Pechanga Water Code before initiating an 
action against the United States or petitioning 
the Secretary pursuant to subsection (d)(4). 
(3) ACTION BY SECRETARY.— 
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(A) IN GENERAL.—The Secretary shall ad-
minister the Tribal Water Right until the 
Pechanga Water Code is enacted and approved 
under this section. 
(B) APPROVAL.—Any provision of the 
Pechanga Water Code and any amendment to 
the Pechanga Water Code that affects the 
rights of Allottees— 
(i) shall be subject to the approval of 
the Secretary; and 
(ii) shall not be valid until approved 
by the Secretary. 
(C) APPROVAL
PERIOD.—The Secretary 
shall approve or disapprove the Pechanga 
Water Code within a reasonable period of time 
after the date on which the Band submits the 
Pechanga Water Code to the Secretary for ap-
proval. 
(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 
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(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 
under the Pechanga Settlement Agreement and this Act 
shall be in complete replacement of, complete substitution 
for, and full satisfaction of all claims of the Band against 
the United States that are waived and released pursuant 
to section 7. 
(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 7; and 
(2) any claims of the Allottees against the 
United States that the Allottees have or could have 
asserted that are similar in nature to any claim de-
scribed in section 7. 
(c) NO RECOGNITION OF WATER RIGHTS.—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. 
(d) CLAIMS RELATING TO DEVELOPMENT OF WATER 
FOR RESERVATION.— 
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(1) IN GENERAL.—The amounts authorized to 
be appropriated pursuant to section 11 shall be used 
to satisfy any claim of the Allottees against the 
United States with respect to the development or 
protection of water resources for the Reservation. 
(2) SATISFACTION OF CLAIMS.—Upon the com-
plete appropriation of amounts authorized pursuant 
to section 11, any claim of the Allottees against the 
United States with respect to the development or 
protection of water resources for the Reservation 
shall be deemed to have been satisfied. 
SEC. 7. WAIVER OF CLAIMS. 
(a) IN GENERAL.— 
(1) WAIVER OF CLAIMS BY THE BAND AND THE 
UNITED STATES ACTING IN ITS CAPACITY AS TRUST-
EE FOR THE BAND.— 
(A) IN GENERAL.—Subject to the retention 
of rights set forth in subsection (c), in return 
for recognition of the Tribal Water Right and 
other benefits as set forth in the Pechanga Set-
tlement Agreement and this Act, the Band, and 
the United States, acting as trustee for the 
Band, are authorized and directed to execute a 
waiver and release of all claims for water rights 
within the Santa Margarita River Watershed 
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that the Band, or the United States acting as 
trustee for the Band, asserted or could have as-
serted in any proceeding, including the Adju-
dication Proceeding, except to the extent that 
such rights are recognized in the Pechanga Set-
tlement Agreement and this Act. 
(B) CLAIMS AGAINST RCWD.—Subject to 
the retention of rights set forth in subsection 
(c) and notwithstanding any provisions to the 
contrary in the Pechanga Settlement Agree-
ment, the Band and the United States, on be-
half of the Band and Allottees, fully release, ac-
quit, and discharge RCWD from— 
(i) claims for injuries to water rights 
in the Santa Margarita River Watershed 
for land 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 Watershed 
for land located within the Reservation 
arising or occurring at any time after June 
30, 2009, resulting from the diversion or 
use of water in a manner not in violation 
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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; 
(iv) claims for subsidence damage 
arising or occurring after June 30, 2009, 
to land located within the Reservation re-
sulting from the diversion of underground 
water in a manner consistent with the 
Pechanga Settlement Agreement or this 
Act; and 
(v) claims arising out of, or relating in 
any manner to, the negotiation or execu-
tion of the Pechanga Settlement Agree-
ment or the negotiation or execution of 
this Act. 
(2) CLAIMS BY THE UNITED STATES ACTING IN 
ITS CAPACITY AS TRUSTEE FOR ALLOTTEES.—Sub-
ject to the retention of claims set forth in subsection 
(c), in return for recognition of the Tribal Water 
Right and other benefits as set forth in the 
Pechanga Settlement Agreement and this Act, the 
United States, acting as trustee for Allottees, is au-
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thorized and directed to execute a waiver and release 
of all claims for water rights within the Santa Mar-
garita River Watershed that the United States, act-
ing as trustee for the Allottees, asserted or could 
have asserted in any proceeding, including the Adju-
dication Proceeding, except to the extent such rights 
are recognized in the Pechanga Settlement Agree-
ment and this Act. 
(3) CLAIMS
BY
THE
BAND
AGAINST
THE 
UNITED STATES.—Subject to the retention of rights 
set forth in subsection (c), the Band, is authorized 
to execute a waiver and release of— 
(A) all claims against the United States 
(including the agencies and employees of the 
United States) relating to claims for water 
rights in, or water of, the Santa Margarita 
River Watershed that the United States, acting 
in its capacity as trustee for the Band, as-
serted, or could have asserted, in any pro-
ceeding, including the Adjudication Proceeding, 
except to the extent that those rights are recog-
nized in the Pechanga Settlement Agreement 
and this Act; 
(B) all claims against the United States 
(including the agencies and employees of the 
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(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 the 
members of the Band, and the United States, acting in 
its capacity as trustee for the Band and Allottees, retain— 
(1) all claims for enforcement of the Pechanga 
Settlement Agreement and this Act; 
(2) all claims against any person or entity other 
than the United States and RCWD, including claims 
for monetary damages; 
(3) all claims for water rights that are outside 
the jurisdiction of the Adjudication Court; 
(4) all rights to use and protect water rights ac-
quired on or after the enforceability date; and 
(5) all remedies, privileges, immunities, powers, 
and claims, including claims for water rights, not 
specifically 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— 
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(1) affects the ability of the United States, act-
ing as a sovereign, to take actions authorized by law, 
including any laws relating to health, safety, or the 
environment, including— 
(A) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.); 
(B) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
(C) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.); and 
(D) any regulations implementing the Acts 
described in subparagraphs (A) through (C); 
(2) affects the ability of the United States to 
take actions acting as trustee for any other Indian 
tribe or an Allottee of any other Indian tribe; 
(3) confers jurisdiction on any State court— 
(A) to interpret Federal law regarding 
health, safety, or the environment; 
(B) to determine the duties of the United 
States or other parties pursuant to Federal law 
regarding health, safety, or the environment; or 
(C) to conduct judicial review of Federal 
agency action; 
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(4) waives any claim of a member of the Band 
in an individual capacity that does not derive from 
a right of the Band; 
(5) limits any funding that RCWD would other-
wise be authorized to receive under any Federal law, 
including, the Reclamation Wastewater and Ground-
water Study and Facilities Act (43 U.S.C. 390h et 
seq.) as that Act applies to permanent facilities for 
water recycling, demineralization, and desalination, 
and distribution of nonpotable water supplies in 
Southern Riverside County, California; 
(6) characterizes any amounts received by 
RCWD under the Pechanga Settlement Agreement 
or this Act as Federal for purposes of section 1649 
of the Reclamation Wastewater and Groundwater 
Study and Facilities Act (43 U.S.C. 390h–32); or 
(7) affects the requirement of any party to the 
Pechanga Settlement Agreement or any of the exhib-
its to the Pechanga Settlement Agreement to comply 
with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) or the California Environ-
mental Quality Act (Cal. Pub. Res. Code 21000 et 
seq.) prior to performing the respective obligations 
of that party under the Pechanga Settlement Agree-
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ment or any of the exhibits to the Pechanga Settle-
ment Agreement. 
(e) 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 Adjudication Court has approved and 
entered a judgment and decree approving the 
Pechanga Settlement Agreement in substantially the 
same form as Appendix 2 to the Pechanga Settle-
ment Agreement; 
(2) all amounts authorized by this Act have 
been deposited in the Fund; 
(3) the waivers and releases authorized in sub-
section (a) have been executed by the Band and the 
Secretary; 
(4) the Extension of Service Area Agreement— 
(A) has been approved and executed by all 
the parties to the Extension of Service Area 
Agreement; and 
(B) is effective and enforceable in accord-
ance with the terms of the Extension of Service 
Area Agreement; and 
(5) the ESAA Water Delivery Agreement— 
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(A) has been approved and executed by all 
the parties to the ESAA Water Delivery Agree-
ment; and 
(B) is effective and enforceable in accord-
ance with the terms of the ESAA Water Deliv-
ery Agreement. 
(f) 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) April 30, 2030, or such alternate date 
after April 30, 2030, as is agreed to by the 
Band and the Secretary; or 
(B) the enforceability date. 
(2) EFFECTS 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 limitations or any 
time-based equitable defense under any other appli-
cable law. 
(g) TERMINATION.— 
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(1) IN GENERAL.—If all of the amounts author-
ized to be appropriated to the Secretary pursuant to 
this Act have not been made available to the Sec-
retary by April 30, 2030— 
(A) the waivers authorized by this section 
shall expire and have no force or effect; and 
(B) all statutes of limitations applicable to 
any claim otherwise waived under this section 
shall be tolled until April 30, 2030. 
(2) VOIDING OF WAIVERS.—If a waiver author-
ized by this section is void under paragraph (1)— 
(A) the approval of the United States of 
the Pechanga Settlement Agreement under sec-
tion 4 shall be void and have no further force 
or effect; 
(B) any unexpended Federal amounts ap-
propriated or made available to carry out this 
Act, together with any interest earned on those 
amounts, and any water rights or contracts to 
use water and title to other property acquired 
or constructed with Federal amounts appro-
priated or made available to carry out this Act 
shall be returned to the Federal Government, 
unless otherwise agreed to by the Band and the 
United States and approved by Congress; and 
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(C) except for Federal amounts used to ac-
quire or develop property that is returned to the 
Federal Government under subparagraph (B), 
the United States shall be entitled to set off 
any Federal amounts appropriated or made 
available to carry out this Act that were ex-
pended or withdrawn, together with any interest 
accrued, against any claims against the United 
States relating to water rights asserted by the 
Band or Allottees in any future settlement of 
the water rights of the Band or Allottees. 
SEC. 8. WATER FACILITIES. 
(a) IN GENERAL.—The Secretary shall, subject to the 
availability of appropriations, using amounts from the des-
ignated accounts of the Fund, provide the amounts nec-
essary to fulfill the obligations of the Band under the Re-
cycled Water Infrastructure Agreement and the ESAA Ca-
pacity Agreement, in an amount not to exceed the 
amounts deposited in the designated accounts for such 
purposes plus any interest accrued on such amounts from 
the date of deposit in the Fund to the date of disburse-
ment from the Fund, in accordance with this Act and the 
terms and conditions of those agreements. 
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(b) NONREIMBURSABILITY OF COSTS.—All costs in-
curred by the Secretary in carrying out this section shall 
be nonreimbursable. 
(c) RECYCLED WATER INFRASTRUCTURE.— 
(1) IN GENERAL.—The Secretary shall, using 
amounts from the Pechanga Recycled Water Infra-
structure account, provide amounts for the Storage 
Pond in accordance with this section. 
(2) STORAGE POND.— 
(A) IN
GENERAL.—The Secretary shall, 
subject to the availability of appropriations, 
using amounts from the Pechanga Recycled 
Water Infrastructure account provide the 
amounts necessary for a Storage Pond in ac-
cordance with the Recycled Water Infrastruc-
ture Agreement, in an amount not to exceed 
$2,656,374. 
(B) PROCEDURE.—The procedure for the 
Secretary to provide amounts pursuant to this 
section shall be as set forth in the Recycled 
Water Infrastructure Agreement. 
(C) LIABILITY.—The United States shall 
have no responsibility or liability for the Stor-
age Pond. 
(d) ESAA DELIVERY CAPACITY.— 
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(1) IN GENERAL.—The Secretary shall, using 
amounts from the Pechanga ESAA Delivery Capac-
ity account, provide amounts for Interim Capacity 
and Permanent Capacity in accordance with this 
section. 
(2) INTERIM CAPACITY.— 
(A) IN
GENERAL.—The Secretary shall, 
subject to the availability of appropriations, 
using amounts from the ESAA Delivery Capac-
ity account, provide amounts necessary for the 
provision of Interim Capacity in accordance 
with the ESAA Capacity Agreement in an 
amount not to exceed $1,000,000. 
(B) PROCEDURE.—The procedure for the 
Secretary to provide amounts pursuant to this 
section shall be as set forth in the ESAA Ca-
pacity Agreement. 
(C) LIABILITY.—The United States shall 
have no responsibility or liability for the In-
terim Capacity to be provided by RCWD or by 
the Band. 
(D) TRANSFER TO BAND.—If RCWD does 
not provide the Interim Capacity Notice re-
quired pursuant to the ESAA Capacity Agree-
ment by the date that is 60 days after the date 
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required under the ESAA Capacity Agreement, 
the amounts in the Pechanga ESAA Delivery 
Capacity account for purposes of the provision 
of Interim Capacity and Permanent Capacity, 
including any interest that has accrued on those 
amounts, shall be available for use by the Band 
to provide alternative interim capacity in a 
manner that is similar to the Interim Capacity 
and Permanent Capacity that the Band would 
have received had RCWD provided such Interim 
Capacity and Permanent Capacity. 
(3) PERMANENT CAPACITY.— 
(A) IN
GENERAL.—The Secretary shall, 
subject to the availability of appropriations, 
using amounts from the ESAA Delivery Capac-
ity account, provide amounts necessary for the 
provision of Permanent Capacity in accordance 
with the ESAA Capacity Agreement. 
(B) PROCEDURE.—The procedure for the 
Secretary to provide funds pursuant to this sec-
tion shall be as set forth in the ESAA Capacity 
Agreement. 
(C) LIABILITY.—The United States shall 
have no responsibility or liability for the Perma-
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nent Capacity to be provided by RCWD or by 
the Band. 
(D) TRANSFER TO BAND.—If RCWD does 
not provide the Permanent Capacity Notice re-
quired pursuant to the ESAA Capacity Agree-
ment by the date that is 5 years after the en-
forceability date, the amounts in the Pechanga 
ESAA Delivery Capacity account for purposes 
of the provision of Permanent Capacity, includ-
ing any interest that has accrued on those 
amounts, shall be available for use by the Band 
to provide alternative Permanent Capacity in a 
manner that is similar to the Permanent Ca-
pacity that the Band would have received had 
RCWD provided such Permanent Capacity. 
SEC. 9. PECHANGA SETTLEMENT FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund to be known as the 
‘‘Pechanga Settlement Fund’’, to be managed, invested, 
and distributed by the Secretary and to be available until 
expended, and, together with any interest earned on those 
amounts, to be used solely for the purpose of carrying out 
this Act. 
(b) TRANSFERS TO FUND.—The Fund shall consist 
of such amounts as are deposited in the Fund under sec-
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tion 11(a) of this Act, together with any interest earned 
on those amounts, which shall be available in accordance 
with subsection (e). 
(c) ACCOUNTS OF PECHANGA SETTLEMENT FUND.— 
The Secretary shall establish in the Fund the following 
accounts: 
(1) Pechanga Recycled Water Infrastructure ac-
count, consisting of amounts authorized pursuant to 
section 11(a)(1). 
(2) Pechanga ESAA Delivery Capacity account, 
consisting of amounts authorized pursuant to section 
11(a)(2). 
(3) Pechanga Water Fund account, consisting 
of amounts authorized pursuant to section 11(a)(3). 
(4) Pechanga Water Quality account, consisting 
of amounts authorized pursuant to section 11(a)(4). 
(d) MANAGEMENT OF FUND.—The Secretary shall 
manage, invest, and distribute all amounts in the Fund 
in a manner that is consistent with the investment author-
ity of the Secretary under— 
(1) the first section of the Act of June 24, 
1938 (25 U.S.C. 162a); 
(2) the American Indian Trust Fund Manage-
ment Reform Act of 1994 (25 U.S.C. 4001 et seq.); 
and 
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