the Secretary of the Interior to execute and perform 
the Settlement Agreement and related waivers, 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. 
This Act may be cited as the ‘‘Soboba Band of Luisen˜o 
Indians Settlement Act’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress finds the following: 
(1) The Soboba Band of Luisen˜o Indians is a 
federally recognized Indian tribe whose Reservation of 
approximately 6,000 acres, extending east and north 
from the banks of the San Jacinto River in Riverside 
County, California, was created by an Executive 
Order dated June 19, 1883, and enlarged and modi-
fied by subsequent Executive Orders, purchases, and 
an Act of Congress. 
(2) The Tribe’s water rights have not been quan-
tified, and the Tribe has asserted claims for inter-
ferences with the water resources of its Reservation, 
which the Tribe maintains have rendered much of the 
Tribe’s Reservation useless for habitation, livestock, or 
Agriculture. On April 20, 2000, the Tribe filed a law-
suit against The Metropolitan Water District of 
Southern California for interference with the Tribe’s 
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water resources and damages to its Reservation alleg-
edly caused by Metropolitan’s construction and oper-
ation of the San Jacinto Tunnel, which is part of the 
Colorado River Aqueduct. The lawsuit, styled Soboba 
Band of Luisen˜o Indians v. Metropolitan Water Dis-
trict of Southern California, No. 00–04208 GAF 
(MANx), is pending in the United States District 
Court for the Central District of California. 
(3) The Tribe also has made claims against 
Eastern Municipal Water District and Lake Hemet 
Municipal Water District, located adjacent to the Res-
ervation, seeking to secure its water rights and dam-
ages arising from alleged past interference with the 
Tribe’s water resources. 
(4) After negotiations, which included participa-
tion by representatives of the Tribe, the United States 
on behalf of the Tribe, The Metropolitan Water Dis-
trict of Southern California, Eastern Municipal 
Water District, and Lake Hemet Municipal Water 
District, a Settlement Agreement has been developed 
to determine the Tribe’s water rights, resolve all of its 
claims for interference with the water resources of, 
and damages to, its Reservation, provide for the con-
struction of water projects to facilitate the exercise of 
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the Tribe’s rights, and resolve the lawsuit referenced 
in paragraph (2) of this section. 
(5) The Settlement Agreement provides that— 
(A) Eastern Municipal Water District and 
Lake Hemet Municipal Water District acknowl-
edge and assure the Tribe’s prior and paramount 
right, superior to all others, to pump 9,000 acre- 
feet of water annually from the San Jacinto 
River basin in accordance with the limitations 
and other conditions set forth in the Settlement 
Agreement; 
(B) Eastern Municipal Water District and 
The Metropolitan Water District of Southern 
California will contract to supply water to East-
ern Municipal Water District and Eastern Mu-
nicipal Water District will use this water to re-
charge water supplies into the basin; and 
(C) the three water districts will make sub-
stantial additional contributions to the settle-
ment, including the conveyance of certain re-
placement lands and economic development 
funds to the Tribe, to carry out the Settlement 
Agreement’s provisions. 
(b) PURPOSES.—The purposes of this Act are— 
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(1) to approve, ratify, and confirm the Settle-
ment Agreement entered into by the Tribe and non- 
Indians entities; 
(2) to achieve a fair, equitable, and final settle-
ment of all claims of the Soboba Band of Luisen˜o In-
dians, its members, and the United States on behalf 
of the Tribe and its members, to the water of the San 
Jacinto River basin; 
(3) to authorize and direct the Secretary of the 
Interior to execute and perform all obligations of the 
Secretary under the Settlement Agreement; and 
(4) to authorize the actions and appropriations 
necessary to meet obligations of the United States 
under the Settlement Agreement and this Act. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) RESTORATION
FUND.—The term ‘‘Restora-
tion Fund’’ means the San Jacinto Basin Restoration 
Fund established by section 6. 
(2) DEVELOPMENT FUND.—The term ‘‘Develop-
ment Fund’’ means the Soboba Band of Luisen˜o Indi-
ans Water Development Fund established by section 
7. 
(3) RESERVATION.— 
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(A) IN GENERAL.—The term ‘‘Reservation’’ 
means the Soboba Indian Reservation created by 
Executive Order dated June 19, 1883, and en-
larged and modified as of the date of enactment 
of this Act by Executive Orders and an Act of 
Congress. 
(B) EXCLUSIONS.—For the purposes of this 
Act, the term ‘‘Reservation’’ does not include— 
(i) the 950 acres northwest of and con-
tiguous to the Reservation known as the 
‘‘Jones Ranch’’, purchased by the Soboba 
Tribe in fee on July 21, 2001, and placed 
into trust on January 13, 2003; 
(ii) the 535 acres southeast of and con-
tiguous to the Reservation known as the 
‘‘Horseshoe Grande’’, purchased by the 
Soboba Tribe in fee in seven separate trans-
actions in June and December 2001, De-
cember 2004, June 2006, and January 
2007; and 
(iii) the 478 acres north of and contig-
uous to the Reservation known as ‘‘The 
Oaks’’, purchased by the Soboba Tribe in fee 
on April 4, 2004. 
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(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior or a designee of the Sec-
retary. 
(5) SETTLEMENT AGREEMENT.—The term ‘‘Set-
tlement Agreement’’ means that agreement dated June 
7, 2006, as amended to be consistent with this Act, to-
gether with all exhibits thereto. The parties to the Set-
tlement Agreement are the Soboba Band of Luisen˜o 
Indians and its members, the United States on behalf 
of the Tribe and its members, The Metropolitan Water 
District of Southern California, Eastern Municipal 
Water District, and Lake Hemet Municipal Water 
District. 
(6) TRIBE, SOBOBA TRIBE, OR SOBOBA BAND OF 
LUISEN˜O
INDIANS.—The terms ‘‘Tribe’’, ‘‘Soboba 
Tribe’’, or ‘‘Soboba Band of Luisen˜o Indians’’ means 
the body politic and federally recognized Indian tribe, 
and its members. 
(7) WATER
MANAGEMENT
PLAN.—The term 
‘‘Water Management Plan’’ means the plan, approved 
by the Soboba Tribe and the Secretary, developed pur-
suant to section 4.8, paragraph A of the Settlement 
Agreement to resolve the overdraft of the San Jacinto 
basin. 
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SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT; AU-
THORIZATION. 
(a) IN GENERAL.—The United States hereby approves, 
ratifies, and confirms the Settlement Agreement, except to 
the extent it conflicts with the provisions of this Act. 
(b) AUTHORIZATION.—The Secretary is authorized 
and directed to execute, and take such other actions as are 
necessary to implement, the Settlement Agreement and any 
amendments approved by the parties necessary to make the 
Settlement Agreement consistent with this Act. 
SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 
(a) RESTORATION FUND.—There is authorized to be 
appropriated to the San Jacinto Basin Restoration Fund 
established in section 6 of this Act the amount of $5,000,000 
for each of fiscal years 2010 and 2011 to pay or reimburse 
the costs associated with constructing, operating, and main-
taining the portion of the basin recharge project that the 
United States is responsible for under the Settlement Agree-
ment. These costs are described in section 4.5 of the Settle-
ment Agreement and are necessary to accommodate deliv-
eries of the supplemental imported water under section 4.4 
of the Settlement Agreement. 
(b) DEVELOPMENT FUND.—There is authorized to be 
appropriated to the Soboba Band of Luisen˜o Indians Water 
Development Fund established in section 7 of this Act the 
amount of $5,500,000 for each of fiscal years 2010 and 2011 
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to pay or reimburse costs associated with constructing, op-
erating, and maintaining water and sewage infrastructure, 
and other water-related development projects. 
(c) LIMITATION.—No funding of any construction, op-
eration, maintenance, or replacement other than those funds 
authorized under subsections (a) and (b) shall be the respon-
sibility of the Federal Government under the Settlement 
Agreement or this Act. 
SEC. 6. RESTORATION FUND. 
(a) ESTABLISHMENT.—There shall be established with-
in the Treasury of the United States a non-interest bearing 
account to be known as the ‘‘San Jacinto Basin Restoration 
Fund’’, consisting of the amounts authorized to be appro-
priated in section 5(a) of this Act. 
(b) ADMINISTRATION.—The Restoration Fund shall be 
administered by the Secretary for the purposes set forth in 
subsection (d) of this section. 
(c) AVAILABILITY.—The funds authorized to be appro-
priated pursuant to section 5(a) of this Act shall be avail-
able for expenditure or withdrawal only after the effective 
date set forth in section 10(a). 
(d) EXPENDITURES AND WITHDRAWALS.— 
(1) EXPENDITURE PLAN.— 
(A) 
IN
GENERAL.—Eastern 
Municipal 
Water District, on behalf of the Water Manage-
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ment Plan, shall submit to the Secretary for ap-
proval an expenditure plan for use of the Res-
toration Fund. 
(B) REQUIREMENTS.—The expenditure plan 
shall require that any funds be expended or re-
imbursed in accordance with the purposes de-
scribed in section 5(a) of this Act. 
(2) WITHDRAWALS.—On approval by the Sec-
retary of the expenditure plan described in this sec-
tion, Eastern Municipal Water District, on behalf of 
the Water Management Plan, may expend or be reim-
bursed monies from the Restoration Fund as provided 
in the plan. 
(3) ENFORCEMENT.—The Secretary may take ju-
dicial or administrative action to enforce the provi-
sions of any expenditure plan to ensure that monies 
expended or reimbursed from the Restoration Fund 
under the plan are used in accordance with this Act. 
(4) LIABILITY.—If Eastern Municipal Water 
District, on behalf of the Water Management Plan, ex-
ercises the right to expend or be reimbursed monies 
from the Restoration Fund, neither the Secretary nor 
the Secretary of the Treasury shall have any liability 
for the expenditure or reimbursement. 
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(5) ANNUAL REPORT.—Eastern Municipal Water 
District shall submit to the Tribe and the Secretary 
an annual report that describes all expenditures or 
reimbursements from the Restoration Fund during the 
year covered by the report. 
SEC. 7. DEVELOPMENT FUND. 
(a) ESTABLISHMENT.—There shall be established with-
in the Treasury of the United States a fund to be known 
as the ‘‘Soboba Band of Luisen˜o Indians Water Develop-
ment Fund’’, to be managed and invested by the Secretary 
consisting of the amounts authorized to be appropriated in 
section 5(b). 
(b) MANAGEMENT.—The Secretary shall manage the 
Development Fund, make investments, and make monies 
available for distribution consistent with the American In-
dian Trust Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.) (referred to in this section as the ‘‘Trust 
Fund Reform Act’’), this Act, and the Settlement Agree-
ment. 
(c) INVESTMENT.—The Secretary shall invest amounts 
in the Development Fund in accordance with— 
(1) the Act of April 1, 1880 (21 Stat. 70, ch. 41, 
25 U.S.C. 161); 
(2) the first section of the Act of June 24, 1938 
(52 Stat. 1037, ch. 648, 25 U.S.C. 162a); and 
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(3) subsection (b) of this section. 
(d) AVAILABILITY.—The funds authorized to be appro-
priated pursuant to section 5(b) of this Act shall be avail-
able for expenditure or withdrawal only after the effective 
date set forth in section 10(a). 
(e) EXPENDITURES AND WITHDRAWALS.— 
(1) TRIBAL MANAGEMENT PLAN.— 
(A) IN
GENERAL.—The Tribe may with-
draw all or part of the Development Fund on 
approval by the Secretary of a tribal manage-
ment plan as described in the Trust Fund Re-
form Act. 
(B) REQUIREMENTS.—In addition to the 
requirements under the Trust Fund Reform Act, 
the tribal management plan shall require that 
any funds be expended or reimbursed in accord-
ance with the purposes described in section 5(b) 
of this Act. 
(C) ENFORCEMENT.—The Secretary may 
take judicial or administrative action to enforce 
the provisions of any tribal management plan to 
ensure that monies withdrawn from the Develop-
ment Fund under the plan are used in accord-
ance with this Act. 
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(D) LIABILITY.—If the Tribe exercises the 
right to withdraw monies from the Development 
Fund, neither the Secretary nor the Secretary of 
the Treasury shall retain any liability for the ex-
penditure or investment. 
(2) EXPENDITURE PLAN.— 
(A) IN GENERAL.—The Tribe shall submit 
to the Secretary for approval an expenditure 
plan for any portion of the amounts made avail-
able under section 5(b) that the Tribe does not 
withdraw under this subsection. 
(B) DESCRIPTION.—The expenditure plan 
shall describe the manner in which, and the pur-
poses for which, amounts of the Tribe remaining 
in the Funds will be used. 
(C) APPROVAL.—On receipt of an expendi-
ture plan under subparagraph (A), the Secretary 
shall approve the plan if the Secretary deter-
mines that the plan is reasonable and consistent 
with this Act and the Agreement. 
(3) ANNUAL REPORT.—The Tribe shall submit to 
the Secretary an annual report that describes all ex-
penditures from the Development Fund during the 
year covered by the report. 
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(4) NO PER CAPITA DISTRIBUTIONS.—No part of 
the Development Fund shall be distributed on a per 
capita basis to members of the Tribe. 
SEC. 8. WAIVERS AND RELEASES. 
(a) TRIBE AND UNITED STATES AUTHORIZATION.— 
The Tribe, on behalf of itself and its members, and the Sec-
retary, on behalf of the United States in its capacity as 
trustee for the Tribe and its members, are authorized, as 
part of the performance of their obligations under the Settle-
ment Agreement, to execute a waiver and release for claims 
under Federal, State, or other law against The Metropolitan 
Water District of Southern California, Eastern Municipal 
Water District, and Lake Hemet Municipal Water District, 
for any and all— 
(1) past, present, and future claims to surface 
water and groundwater rights for the Reservation 
arising from time immemorial through the effective 
date described in section 10 of this Act and anytime 
thereafter, except claims to enforce the Settlement 
Agreement or claims based on water rights acquired 
after the effective date described in section 10 of this 
Act; 
(2) past, present, and future claims for injury of 
any kind arising from interference with surface water 
and groundwater resources and water rights of the 
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Reservation, including, but not limited to, all claims 
for injury to the Tribe’s use and enjoyment of the 
Reservation, economic development, religion, lan-
guage, social structure and culture, and injury to the 
natural resources of the Reservation, from time imme-
morial through the effective date described in section 
10 of this Act; 
(3) past, present, and future claims for injury of 
any kind arising from, or in any way related to, con-
tinuing interference with surface water and ground-
water resources and water rights of the Reservation, 
including the full scope of claims defined in section 
5.1, paragraph A(2) of the Settlement Agreement, to 
the extent that such continuing interference began 
prior to the effective date described in section 10 of 
this Act, from time immemorial through the effective 
date described in section 10 of this Act and anytime 
thereafter; 
(4) past, present, and future claims for injury of 
any kind arising from, or in any way related to, 
seepage of water into the San Jacinto Tunnel, includ-
ing the full scope of claims defined in section 5.1, 
paragraph A(2) of the Settlement Agreement, from 
time immemorial through the effective date described 
in section 10 of this Act and anytime thereafter; and 
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(5) past, present, and future claims for injury of 
any kind arising from, or in any way related to, the 
Water Management Plan as approved in accordance 
with the Settlement Agreement, from time immemo-
rial through the effective date described in section 10 
of this Act and anytime thereafter. 
(b) 
TRIBAL
WAIVERS
AGAINST
THE
UNITED 
STATES.— 
(1) IN GENERAL.—The Tribe is authorized, as 
part of the performance of its obligations under the 
Settlement Agreement, to execute a waiver and release 
for claims against the United States (acting in its ca-
pacity as trustee for the Tribe or its members, or oth-
erwise acting on behalf of the Tribe or its members), 
including any agencies, officials, or employees thereof, 
for any and all— 
(A) claims described in subsection (a) of 
this section; 
(B) past, present, and future claims for fail-
ure to acquire or develop water rights and water 
resources of the Reservation arising from time 
immemorial through the effective date described 
in section 10 of this Act and anytime thereafter; 
(C) past, present, and future claims for fail-
ure to protect water rights and water resources 
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of the Reservation arising from time immemorial 
through the effective date described in section 10 
of this Act, and any past, present, and future 
claims for any continuing failure to protect 
water rights and water resources of the Reserva-
tion, arising from time immemorial through the 
effective date described in section 10 of this Act 
and, to the extent that such continuing failure to 
protect began before the effective date described 
in section 10 of this Act, anytime thereafter; 
(D) past, present, and future claims arising 
from the failure of any non-Federal Party to ful-
fill the terms of the Settlement Agreement at 
anytime; and 
(E) past, present, and future claims arising 
out of the negotiation of the Settlement Agree-
ment or the negotiation and enactment of this 
Act, or any specific terms of provisions thereof, 
including, but not limited to, the Tribe’s consent 
to limit the number of participant parties to the 
Settlement Agreement. 
(2) EFFECTIVENESS OF WAIVERS AGAINST THE 
UNITED STATES.— 
(A) IN GENERAL.—The waiver and release 
contained in this subsection shall take effect on 
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the date on which all of the amounts authorized 
under sections 5(a) and 5(b) are appropriated. 
(B) PERIODS
OF
LIMITATION; EQUITABLE 
CLAIMS.— 
(i) IN GENERAL.—All periods of limi-
tation and time-based equitable defenses ap-
plicable to the claims set forth in paragraph 
(1) are tolled for the period between the date 
of enactment of this Act until the date on 
which the amounts authorized under sec-
tions 5(a) and 5(b) are appropriated. 
(ii) EFFECT OF SUBPARAGRAPH.—This 
subparagraph neither revives any claim nor 
tolls any period of limitation or time-based 
equitable defense that may have expired be-
fore the date of enactment of this Act. 
(C) DEFENSE.—The making of the amounts 
of appropriations authorized under sections 5(a) 
and 5(b) shall constitute a complete defense to 
any claim which involves the claims set forth in 
paragraph (b)(1) pending in any court of the 
United States on the date on which the appro-
priations are made. 
SEC. 9. MISCELLANEOUS PROVISIONS. 
(a) JURISDICTION.— 
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(1) NO EFFECT ON SUBJECT MATTER JURISDIC-
TION.—Nothing in the Agreement or this Act restricts, 
enlarges, or otherwise determines the subject matter 
jurisdiction of any Federal, State, or Tribal court. 
(2) JUDGMENT
AND
DECREE.—The United 
States consents to jurisdiction in the United States 
District Court for the Central District of California 
case known as Soboba Band of Luisen˜o Indians v. 
Metropolitan Water District of Southern California, 
No. 00–04208 for the purpose of obtaining approval 
for a judgment and decree substantially the same as 
the judgment and decree attached to the Settlement 
Agreement as exhibit H. 
(3) EFFECT OF SUBSECTION.—Nothing in this 
subsection confers jurisdiction on any State court 
to— 
(A) enforce Federal environmental laws re-
garding the duties of the United States; or 
(B) conduct judicial review of Federal agen-
cy action. 
(b) USE OF WATER.— 
(1) TRIBAL USE.—With respect to water rights 
made available under the Settlement Agreement— 
(A) the Tribe may use water made available 
to it under the Settlement Agreement for any use 
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it deems advisable on the Reservation and on 
any other lands it owns or may acquire, in fee 
or in trust, contiguous to the Reservation or 
within the area of the groundwater basin de-
scribed in section 2.4 of the Settlement Agree-
ment; 
(B) such water rights shall be held in trust 
by the United States in perpetuity, and shall not 
be subject to forfeiture or abandonment; and 
(C) State law shall not apply to the Tribe’s 
use of water made available to it under the Set-
tlement Agreement. 
(2) NON-TRIBAL USE.— 
(A) CONTRACTS AND OPTIONS.—Subject to 
the limitations in subparagraph (B), the Tribe 
may enter into contracts and options to lease or 
contracts and options to exchange water made 
available to it under the Settlement Agreement, 
or enter into contracts and options to postpone 
existing water uses or postpone undertaking new 
or expanded water uses. 
(B) LIMITATIONS ON NON-TRIBAL USE.— 
(i) CONSISTENCY
WITH
WATER
MAN-
AGEMENT
PLAN.—Any water made avail-
able under subparagraph (A) shall only be 
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used by participants in, or other users with-
in the area of, the Water Management Plan 
described in section 2.32 of the Settlement 
Agreement. 
(ii) 
PROHIBITION
ON
PERMANENT 
ALIENATION.—No contract under subpara-
graph (A) shall be for a term exceeding one 
hundred years, nor shall any contract under 
subparagraph (A) provide for permanent 
alienation of any portion of the water 
rights made available under the Settlement 
Agreement. 
(C) LIABILITY.—The Secretary shall not be 
liable to any party, including the Tribe, for any 
term of, or any loss or other detriment resulting 
from, a lease or contract entered into pursuant 
to this subparagraph. 
(c) RETENTION OF RIGHTS.— 
(1) In the event the waivers and releases set out 
in section 8 of this Act do not become effective pursu-
ant to section 10(a) of this Act, the Soboba Tribe and 
the United States shall retain the right to assert all 
rights and claims enumerated in section 8, and any 
claims or defenses of the parties to the Settlement 
Agreement shall also be retained. 
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(2) The parties expressly reserve all rights not 
specifically granted, recognized, waived, or released by 
the Settlement Agreement or this Act. 
(3) Notwithstanding the waivers and releases set 
forth in section 8(a), the United States retains all 
claims relating to violations of the Clean Water Act, 
the Safe Drinking Water Act, the Comprehensive En-
vironmental Response, Compensation, and Liability 
Act, Resource Conservation and Recovery Act, and the 
regulations implementing these Acts, including, but 
not limited to claims related to water quality. 
(d) PRECEDENT.—Nothing in this Act establishes any 
standard for the quantification or litigation of Federal re-
served water rights or any other Indian water claims of 
any other Indian tribes in any other judicial or adminis-
trative proceeding. 
(e) OTHER INDIAN TRIBES.—Nothing in the Settle-
ment Agreement or this Act shall be construed in any way 
to quantify or otherwise adversely affect the water rights, 
claims, or entitlements to water of any Indian tribe, band, 
or community, other than the Soboba Tribe. 
(f) ENVIRONMENTAL COMPLIANCE.— 
(1) Signing by the Secretary of the Settlement 
Agreement does not constitute major Federal action 
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under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.). 
(2) The Secretary is directed to carry out all en-
vironmental compliance required by Federal law in 
implementing the Agreement. 
SEC. 10. EFFECTIVE DATE. 
(a) IN GENERAL.—The waivers and releases author-
ized in subsection (a) of section 8 of this Act shall become 
effective as of the date the Secretary causes to be published 
in the Federal Register a statement of findings that— 
(1) this Act has been enacted; 
(2) to the extent that the Settlement Agreement 
conflicts with this Act, the Settlement Agreement has 
been revised to conform with the Act; 
(3) the Settlement Agreement, revised as nec-
essary, and the waivers and releases described in arti-
cle 5 of the Settlement Agreement and section 8(a) of 
this Act have been executed by the parties and the 
Secretary; 
(4) warranty deeds for the property to be con-
veyed to the Tribe described in section 4.6 of the Set-
tlement Agreement have been placed in escrow; 
(5) the Tribe and the Secretary have approved 
the Water Management Plan; and 
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(6) the judgment and decree attached to the Set-
tlement Agreement as exhibit H or a judgment and 
decree substantially the same as exhibit H has been 
approved by the United States District Court, East-
ern Division of the Central District of California, and 
that judgment and decree has become final and non-
appealable. 
(b) DEADLINE FOR EFFECTIVE DATE.—If the condi-
tions precedent required under subsection (a) of this section 
have not been fulfilled by March 1, 2012, the Settlement 
Agreement and this Act shall not thereafter be effective and 
shall be null and void, and any funds and the interest ac-
crued thereon appropriated pursuant to section 5 shall re-
vert to the general fund of the United States Treasury. 
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