I 
114TH CONGRESS 
2D SESSION 
H. R. 5984 
To authorize the Pechanga Band of Luisen˜o Mission Indians Water Rights 
Settlement, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 9, 2016 
Mr. CALVERT (for himself and Mr. HUNTER) introduced the following bill; 
which was referred to the Committee on Natural Resources 
A BILL 
To authorize the Pechanga Band of Luisen˜o Mission Indians 
Water Rights Settlement, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Pechanga Band of Luisen˜o Mission Indians Water 
Rights Settlement Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Purposes. 
Sec. 3. Definitions. 
Sec. 4. Approval of the Pechanga Settlement Agreement. 
Sec. 5. Tribal Water Right. 
VerDate Sep 11 2014 
21:31 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
Sec. 6. Satisfaction of claims. 
Sec. 7. Waiver of claims. 
Sec. 8. Water facilities. 
Sec. 9. Pechanga Settlement Fund. 
Sec. 10. Miscellaneous provisions. 
Sec. 11. Authorization of appropriations. 
Sec. 12. Expiration on failure of enforceability date. 
Sec. 13. Antideficiency. 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to achieve a fair, equitable, and final settle-
ment of claims to water rights and certain claims for 
injuries to water rights in the Santa Margarita 
River Watershed for— 
(A) the Band; and 
(B) the United States, acting in its capac-
ity as trustee for the Band and Allottees; 
(2) to achieve a fair, equitable, and final settle-
ment of certain claims by the Band and Allottees 
against the United States; 
(3) to authorize, ratify, and confirm the 
Pechanga Settlement Agreement to be entered into 
by the Band, RCWD, and the United States; 
(4) to authorize and direct the Secretary— 
(A) to execute the Pechanga Settlement 
Agreement; and 
(B) to take any other action necessary to 
carry out the Pechanga Settlement Agreement 
in accordance with this Act; and 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
(5) to authorize the appropriation of amounts 
necessary for the implementation of the Pechanga 
Settlement Agreement and this Act. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADJUDICATION COURT.—The term ‘‘Adju-
dication Court’’ means the United States District 
Court for the Southern District of California, which 
exercises continuing jurisdiction over the Adjudica-
tion Proceeding. 
(2) ADJUDICATION
PROCEEDING.—The term 
‘‘Adjudication Proceeding’’ means litigation initiated 
by the United States regarding relative water rights 
in the Santa Margarita River Watershed in United 
States v. Fallbrook Public Utility District et al., Civ. 
No. 3:51–cv–01247 (S.D.C.A.), including any litiga-
tion initiated to interpret or enforce the relative 
water rights in the Santa Margarita River Water-
shed pursuant to the continuing jurisdiction of the 
Adjudication Court over the Fallbrook Decree. 
(3) ALLOTTEE.—The term ‘‘Allottee’’ means an 
individual who holds a beneficial real property inter-
est in an Indian allotment that is— 
(A) located within the Reservation; and 
(B) held in trust by the United States. 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
(4) BAND.—The term ‘‘Band’’ means Pechanga 
Band of Luisen˜o Mission Indians, a federally recog-
nized sovereign Indian tribe that functions as a cus-
tom and tradition Indian tribe, acting on behalf of 
itself and its members, but not acting on behalf of 
members in their capacities as Allottees. 
(5) CLAIMS.—The term ‘‘claims’’ means rights, 
claims, demands, actions, compensation, or causes of 
action, whether known or unknown. 
(6) EMWD.—The term ‘‘EMWD’’ means East-
ern Municipal Water District, a municipal water dis-
trict organized and existing in accordance with the 
Municipal Water District Law of 1911, Division 20 
of the Water Code of the State of California, as 
amended. 
(7) EMWD 
CONNECTION
FEE.—The term 
‘‘EMWD Connection Fee’’ has the meaning set forth 
in the Extension of Service Area Agreement. 
(8) ENFORCEABILITY
DATE.—The term ‘‘en-
forceability date’’ means the date on which the Sec-
retary publishes in the Federal Register the state-
ment of findings described in section 7(e). 
(9) ESAA CAPACITY AGREEMENT.—The term 
‘‘ESAA Capacity Agreement’’ means the ‘‘ESAA 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
Capacity Agreement’’, among the Band, RCWD, and 
the United States. 
(10) ESAA WATER.—The term ‘‘ESAA Water’’ 
means imported potable water that the Band re-
ceives from EMWD and MWD pursuant to the Ex-
tension of Service Area Agreement and delivered by 
RCWD pursuant to the ESAA Water Delivery 
Agreement. 
(11) ESAA WATER DELIVERY AGREEMENT.— 
The term ‘‘ESAA Water Delivery Agreement’’ 
means the agreement among EMWD, RCWD, and 
the Band, establishing the terms and conditions of 
water service to the Band. 
(12) EXTENSION
OF
SERVICE
AREA
AGREE-
MENT.—The term ‘‘Extension of Service Area 
Agreement’’ means the ‘‘Extension of Service Area 
Agreement’’, among the Band, EMWD, and MWD, 
for the provision of water service by EMWD to a 
designated portion of the Reservation using water 
supplied by MWD. 
(13) FALLBROOK DECREE.— 
(A) IN
GENERAL.—The term ‘‘Fallbrook 
Decree’’ means the ‘‘Modified Final Judgment 
And Decree’’, entered in the Adjudication Pro-
ceeding on April 6, 1966. 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
(B) INCLUSIONS.—The term ‘‘Fallbrook 
Decree’’ includes all court orders, interlocutory 
judgments, and decisions supplemental to the 
‘‘Modified Final Judgment And Decree’’, in-
cluding Interlocutory Judgment No. 30, Inter-
locutory Judgment No. 35, and Interlocutory 
Judgment No. 41. 
(14) FUND.—The term ‘‘Fund’’ means the 
Pechanga Settlement Fund established by section 9. 
(15) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(16) INJURY
TO
WATER
RIGHTS.—The term 
‘‘injury to water rights’’ means an interference with, 
diminution of, or deprivation of water rights under 
Federal or State law. 
(17) INTERIM CAPACITY.—The term ‘‘Interim 
Capacity’’ has the meaning set forth in the ESAA 
Capacity Agreement. 
(18) INTERIM
CAPACITY
NOTICE.—The term 
‘‘Interim Capacity Notice’’ has the meaning set 
forth in the ESAA Capacity Agreement. 
(19) INTERLOCUTORY JUDGMENT NO. 41.—The 
term ‘‘Interlocutory Judgment No. 41’’ means Inter-
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
locutory Judgment No. 41 issued in the Adjudica-
tion Proceeding on November 8, 1962, including all 
court orders, judgments, and decisions supplemental 
to that interlocutory judgment. 
(20) MWD.—The term ‘‘MWD’’ means the 
Metropolitan Water District of Southern California, 
a metropolitan water district organized and incor-
porated under the Metropolitan Water District Act 
of the State of California (Stats. 1969, Chapter 209, 
as amended). 
(21) MWD 
CONNECTION
FEE.—The term 
‘‘MWD Connection Fee’’ has the meaning set forth 
in the Extension of Service Area Agreement. 
(22) PECHANGA ESAA DELIVERY CAPACITY AC-
COUNT.—The term ‘‘Pechanga ESAA Delivery Ca-
pacity account’’ means the account established by 
section 9(c)(2). 
(23) PECHANGA
RECYCLED
WATER
INFRA-
STRUCTURE ACCOUNT.—The term ‘‘Pechanga Recy-
cled Water Infrastructure account’’ means the ac-
count established by section 9(c)(1). 
(24) PECHANGA SETTLEMENT AGREEMENT.— 
The term ‘‘Pechanga Settlement Agreement’’ means 
the Pechanga Settlement Agreement, dated April 8, 
2016, together with the exhibits to that agreement, 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
entered into by the Band, the United States on be-
half of the Band, its members and Allottees, MWD, 
EMWD, and RCWD, including— 
(A) the Extension of Service Area Agree-
ment; 
(B) the ESAA Capacity Agreement; and 
(C) the ESAA Water Delivery Agreement. 
(25) PECHANGA
WATER
CODE.—The term 
‘‘Pechanga Water Code’’ means a water code to be 
adopted by the Band in accordance with section 5(f). 
(26) PECHANGA WATER FUND ACCOUNT.—The 
term ‘‘Pechanga Water Fund account’’ means the 
account established by section 9(c)(3). 
(27) PECHANGA WATER QUALITY ACCOUNT.— 
The term ‘‘Pechanga Water Quality account’’ means 
the account established by section 9(c)(4). 
(28) PERMANENT CAPACITY.—The term ‘‘Per-
manent Capacity’’ has the meaning set forth in the 
ESAA Capacity Agreement. 
(29) PERMANENT
CAPACITY
NOTICE.—The 
term ‘‘Permanent Capacity Notice’’ has the meaning 
set forth in the ESAA Capacity Agreement. 
(30) RCWD.— 
(A) IN
GENERAL.—The term ‘‘RCWD’’ 
means the Rancho California Water District or-
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
ganized pursuant to section 34000 et seq. of 
the California Water Code. 
(B) INCLUSIONS.—The term ‘‘RCWD’’ in-
cludes all real property owners for whom 
RCWD acts as an agent pursuant to an agency 
agreement. 
(31) 
RECYCLED
WATER
INFRASTRUCTURE 
AGREEMENT.—The term ‘‘Recycled Water Infra-
structure Agreement’’ means the ‘‘Recycled Water 
Infrastructure 
Agreement’’ 
among 
the 
Band, 
RCWD, and the United States. 
(32) RECYCLED
WATER
TRANSFER
AGREE-
MENT.—The term ‘‘Recycled Water Transfer Agree-
ment’’ means the ‘‘Recycled Water Transfer Agree-
ment’’ between the Band and RCWD. 
(33) RESERVATION.— 
(A) IN
GENERAL.—The term ‘‘Reserva-
tion’’ means the land depicted on the map at-
tached to the Pechanga Settlement Agreement 
as Exhibit I. 
(B) APPLICABILITY OF TERM.—The term 
‘‘Reservation’’ shall be used solely for the pur-
poses of the Pechanga Settlement Agreement, 
this Act, and any judgment or decree issued by 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
the Adjudication Court approving the Pechanga 
Settlement Agreement. 
(34) SANTA MARGARITA RIVER WATERSHED.— 
The term ‘‘Santa Margarita River Watershed’’ 
means the watershed that is the subject of the Adju-
dication Proceeding and the Fallbrook Decree. 
(35) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(36) STATE.—The term ‘‘State’’ means the 
State of California. 
(37) STORAGE
POND.—The term ‘‘Storage 
Pond’’ has the meaning set forth in the Recycled 
Water Infrastructure Agreement. 
(38) TRIBAL WATER RIGHT.—The term ‘‘Tribal 
Water Right’’ means the water rights ratified, con-
firmed, and declared to be valid for the benefit of 
the Band and Allottees, as set forth and described 
in section 5. 
SEC. 4. APPROVAL OF THE PECHANGA SETTLEMENT 
AGREEMENT. 
(a) RATIFICATION
OF
PECHANGA
SETTLEMENT 
AGREEMENT.— 
(1) IN GENERAL.—Except as modified by this 
Act, and to the extent that the Pechanga Settlement 
Agreement does not conflict with this Act, the 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
Pechanga Settlement Agreement is authorized, rati-
fied, and confirmed. 
(2) AMENDMENTS.—Any amendment to the 
Pechanga Settlement Agreement is authorized, rati-
fied, and confirmed, to the extent that the amend-
ment is executed to make the Pechanga Settlement 
Agreement consistent with this Act. 
(b) EXECUTION OF PECHANGA SETTLEMENT AGREE-
MENT.— 
(1) IN
GENERAL.—To the extent that the 
Pechanga Settlement Agreement does not conflict 
with this Act, the Secretary is directed to and 
promptly shall execute— 
(A) the Pechanga Settlement Agreement 
(including any exhibit to the Pechanga Settle-
ment Agreement requiring the signature of the 
Secretary); and 
(B) any amendment to the Pechanga Set-
tlement Agreement necessary to make the 
Pechanga Settlement Agreement consistent with 
this Act. 
(2) MODIFICATIONS.—Nothing in this Act pre-
cludes the Secretary from approving modifications to 
exhibits to the Pechanga Settlement Agreement not 
inconsistent with this Act, to the extent those modi-
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
fications do not otherwise require congressional ap-
proval pursuant to section 2116 of the Revised Stat-
utes (25 U.S.C. 177) or other applicable Federal 
law. 
(c) ENVIRONMENTAL COMPLIANCE.— 
(1) 
IN
GENERAL.—In 
implementing 
the 
Pechanga Settlement Agreement, the Secretary shall 
promptly comply with all applicable requirements 
of— 
(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); 
(B) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
(C) all other applicable Federal environ-
mental laws; and 
(D) all regulations promulgated under the 
laws described in subparagraphs (A) through 
(C). 
(2) EXECUTION
OF
THE
PECHANGA
SETTLE-
MENT AGREEMENT.— 
(A) 
IN
GENERAL.—Execution 
of 
the 
Pechanga Settlement Agreement by the Sec-
retary under this section shall not constitute a 
major Federal action under the National Envi-
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
ronmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
(B) COMPLIANCE.—The Secretary is di-
rected to carry out all Federal compliance nec-
essary to implement the Pechanga Settlement 
Agreement. 
(3) LEAD AGENCY.—The Bureau of Reclama-
tion shall be designated as the lead agency with re-
spect to environmental compliance. 
SEC. 5. TRIBAL WATER RIGHT. 
(a) INTENT OF CONGRESS.—It is the intent of Con-
gress to provide to each Allottee benefits that are equal 
to or exceed the benefits Allottees possess as of the date 
of enactment of this Act, taking into consideration— 
(1) the potential risks, cost, and time delay as-
sociated with litigation that would be resolved by the 
Pechanga Settlement Agreement and this Act; 
(2) the availability of funding under this Act; 
(3) the availability of water from the Tribal 
Water Right and other water sources as set forth in 
the Pechanga Settlement Agreement; and 
(4) the applicability of section 7 of the Act of 
February 8, 1887 (25 U.S.C. 381), and this Act to 
protect the interests of Allottees. 
(b) CONFIRMATION OF TRIBAL WATER RIGHT.— 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
(1) IN GENERAL.—A Tribal Water Right of up 
to 4,994 acre-feet of water per year that, under nat-
ural conditions, is physically available on the Res-
ervation is confirmed in accordance with the Find-
ings of Fact and Conclusions of Law set forth in In-
terlocutory Judgment No. 41, as affirmed by the 
Fallbrook Decree. 
(2) USE.—Subject to the terms of the 
Pechanga Settlement Agreement, this Act, the 
Fallbrook Decree, and applicable Federal law, the 
Band may use the Tribal Water Right for any pur-
pose on the Reservation. 
(c) HOLDING IN TRUST.—The Tribal Water Right, 
as set forth in subsection (b), shall— 
(1) be held in trust by the United States on be-
half of the Band and the Allottees in accordance 
with this section; 
(2) include the priority dates described in Inter-
locutory Judgment No. 41, as affirmed by the 
Fallbrook Decree; and 
(3) not be subject to forfeiture or abandonment. 
(d) ALLOTTEES.— 
(1) APPLICABILITY OF ACT OF FEBRUARY 8, 
1887.—The provisions of section 7 of the Act of Feb-
ruary 8, 1887 (25 U.S.C. 381), relating to the use 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
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. 
(3) ALLOCATIONS.—Allotted land located within 
the exterior boundaries of the Reservation shall be 
entitled to a just and equitable allocation of water 
for irrigation and domestic purposes from the Tribal 
Water Right. 
(4) EXHAUSTION
OF
REMEDIES.—Before as-
serting any claim against the United States under 
section 7 of the Act of February 8, 1887 (25 U.S.C. 
381), or any other applicable law, an Allottee shall 
exhaust remedies available under the Pechanga 
Water Code or other applicable tribal law. 
(5) CLAIMS.—Following exhaustion of remedies 
available under the Pechanga Water Code or other 
applicable tribal law, an Allottee may seek relief 
under section 7 of the Act of February 8, 1887 (25 
U.S.C. 381), or other applicable law. 
(6) AUTHORITY.—The Secretary shall have the 
authority to protect the rights of Allottees as speci-
fied in this section. 
(e) AUTHORITY OF BAND.— 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
(1) IN GENERAL.—Except as provided in para-
graph (2), the Band shall have authority to use, al-
locate, distribute, and lease the Tribal Water Right 
on the Reservation in accordance with— 
(A) the Pechanga Settlement Agreement; 
and 
(B) applicable Federal law. 
(2) LEASES BY ALLOTTEES.— 
(A) IN GENERAL.—An Allottee may lease 
any interest in land held by the Allottee, to-
gether with any water right determined to be 
appurtenant to that interest in land. 
(B) WATER
RIGHT
APPURTENANT.—Any 
water right determined to be appurtenant to an 
interest in land leased by an Allottee shall be 
used on such land on the Reservation. 
(f) PECHANGA WATER CODE.— 
(1) IN GENERAL.—Not later than 18 months 
after the enforceability date, the Band shall enact a 
Pechanga Water Code, that provides for— 
(A) the management, regulation, and gov-
ernance of all uses of the Tribal Water Right 
in accordance with the Pechanga Settlement 
Agreement; and 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
(B) establishment by the Band of condi-
tions, permit requirements, and other limita-
tions relating to the storage, recovery, and use 
of the Tribal Water Right in accordance with 
the Pechanga Settlement Agreement. 
(2) INCLUSIONS.—Subject to the approval of 
the Secretary, the Pechanga Water Code shall pro-
vide— 
(A) that allocations of water to Allottees 
shall be satisfied with water from the Tribal 
Water Right; 
(B) that charges for delivery of water for 
irrigation purposes for Allottees shall be as-
sessed on a just and equitable basis; 
(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— 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
(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.— 
(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 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
(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 
(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. 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
(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.— 
(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 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
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 
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 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
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 
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 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
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-
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 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
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 
United States) relating to 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 hunt-
ing, fishing, gathering, or cultural rights due to 
loss of water or water rights, claims relating to 
interference with, diversion, or taking of water 
or water rights, or claims relating to failure to 
protect, acquire, replace, or develop water, 
water rights, or water infrastructure) in the 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
Santa Margarita River Watershed that first ac-
crued at any time up to and including the en-
forceability date; 
(C) all claims against the United States 
(including the agencies and employees of the 
United States) relating to the pending litigation 
of claims relating to the water rights of the 
Band in the Adjudication Proceeding; and 
(D) all claims against the United States 
(including the agencies and employees of the 
United States) relating to the negotiation or 
execution of the Pechanga Settlement Agree-
ment or the negotiation or execution of this 
Act. 
(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; 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
(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— 
(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 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
(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; 
(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; 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
(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-
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; 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
(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— 
(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— 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
(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.— 
(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)— 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
(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 
(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. 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
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. 
(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-
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
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.— 
(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. 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
(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 
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.— 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
(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-
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-
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
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-
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). 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
(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 
(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 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
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. 
(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. 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
(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-
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). 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
(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 
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 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
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 
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.— 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
(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-
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 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
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). 
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 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS
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. 
(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. 
Æ 
VerDate Sep 11 2014 
03:02 Sep 13, 2016
Jkt 059200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6301
E:\BILLS\H5984.IH
H5984
asabaliauskas on DSK3SPTVN1PROD with BILLS