(B) either— 
(i) the Tribe moves forward with the 
Phase I Reservoir described in section 
3.4.B.(1) of the 2007 Agreement; or 
(ii) if the Tribe selects a substitute 
site pursuant to section 3.4.B.(2) of the 
2007 Agreement, either— 
(I) the Parties agree on Oper-
ation Rules; or 
(II) the Secretary determines, in 
the discretion of the Secretary, that 
the Parties have reached an impasse 
in attempting to negotiate the Oper-
ation Rules. 
(3) MODIFICATIONS.—Nothing in this Act pro-
hibits the Secretary, after execution of the 2007 
Agreement, from approving any modification to the 
2007 Agreement, including any exhibit to the 2007 
Agreement, that is consistent with this Act, to the 
extent that the modification does not otherwise re-
quire congressional approval under section 2116 of 
the Revised Statutes (25 U.S.C. 177) or any other 
applicable provision of Federal law. 
(c) ENVIRONMENTAL COMPLIANCE.— 
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(1) IN GENERAL.—In implementing the 2007 
Agreement and this Act, the Secretary shall comply 
with all applicable provisions of— 
(A) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
(B) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.), including the 
implementing regulations of that Act; and 
(C) other applicable Federal environmental 
laws and regulations. 
(2) COMPLIANCE.— 
(A) IN
GENERAL.—In implementing the 
2007 Agreement and this Act, the Tribe shall 
prepare any necessary environmental docu-
ments, consistent with all applicable provisions 
of— 
(i) the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.); 
(ii) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4231 et seq.), in-
cluding the implementing regulations of 
that Act; and 
(iii) all other applicable Federal envi-
ronmental laws and regulations. 
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(B) 
AUTHORIZATIONS.—The 
Secretary 
shall— 
(i) independently evaluate the docu-
mentation submitted under subparagraph 
(A); and 
(ii) be responsible for the accuracy, 
scope, and contents of that documentation. 
(3) EFFECT OF EXECUTION.—The execution of 
the 2007 Agreement by the Secretary under this sec-
tion shall not constitute a major Federal action for 
purposes of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.). 
(4) COSTS.—Any costs associated with the per-
formance of the compliance activities under this sub-
section shall be paid from funds deposited in the 
Trust Fund, subject to the condition that any costs 
associated with the performance of Federal approval 
or other review of such compliance work or costs as-
sociated with inherently Federal functions shall re-
main the responsibility of the Secretary. 
SEC. 5. TRIBAL WATER RIGHT. 
(a) CONFIRMATION OF TRIBAL WATER RIGHT.— 
(1) IN GENERAL.—The Tribal Water Right is 
ratified, confirmed, and declared valid. 
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(2) QUANTIFICATION.—The Tribal Water Right 
includes the right to divert and use or permit the di-
version and use of up to 5,828 acre-feet per year of 
surface water from the South Fork Tule River, as 
described in the 2007 Agreement and as confirmed 
in the decree entered by the Court pursuant to sub-
sections (b) and (c) of section 12. 
(3) USE.—Any diversion, use, and place of use 
of the Tribal Water Right shall be subject to the 
terms and conditions of the 2007 Agreement and 
this Act. 
(b) TRUST STATUS OF TRIBAL WATER RIGHT.—The 
Tribal Water Right— 
(1) shall be held in trust by the United States 
for the use and benefit of the Tribe in accordance 
with this Act; and 
(2) shall not be subject to loss through non-use, 
forfeiture, abandonment, or other operation of law. 
(c) AUTHORITY OF THE TULE RIVER TRIBE.— 
(1) IN GENERAL.—The Tule River Tribe shall 
have the authority to allocate and distribute the 
Tribal Water Right for use on the Reservation in ac-
cordance with the 2007 Agreement, this Act, and 
applicable Federal law. 
(d) ADMINISTRATION.— 
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(1) NO ALIENATION.—The Tribe shall not per-
manently alienate any portion of the Tribal Water 
Right. 
(2) PURCHASES OR GRANTS OF LAND FROM IN-
DIANS.—An authorization provided by this Act for 
the allocation, distribution, leasing, or other ar-
rangement entered into pursuant to this Act shall be 
considered to satisfy any requirement for authoriza-
tion of the action by treaty or convention imposed by 
section 2116 of the Revised Statutes (25 U.S.C. 
177). 
(3) PROHIBITION ON FORFEITURE.—The non- 
use of all or any portion of the Tribal Water Right 
by any water user shall not result in the forfeiture, 
abandonment, relinquishment, or other loss of all or 
any portion of the Tribal Water Right. 
SEC. 6. TULE RIVER TRIBE TRUST ACCOUNTS. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a trust fund, to be known as the ‘‘Tule River Indian Tribe 
Settlement Trust Fund’’, to be managed, invested, and 
distributed by the Secretary and to remain available until 
expended, withdrawn, or reverted to the general fund of 
the Treasury, consisting of the amounts deposited in the 
Trust Fund under subsection (c), together with any inter-
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est earned on those amounts, for the purpose of carrying 
out this Act. 
(b) ACCOUNTS.—The Secretary shall establish in the 
Trust Fund the following Accounts: 
(1) The Tule River Tribe Water Development 
Projects Account. 
(2) The Tule River Tribe OM&R Account. 
(c) DEPOSITS.—The Secretary shall deposit— 
(1) in the Tule River Tribe Water Development 
Projects Account 
established 
under 
subsection 
(b)(1), the amounts made available pursuant to sec-
tion 7(a)(1); and 
(2) in the Tule River Tribe OM&R Account es-
tablished under subsection (b)(2), the amounts made 
available pursuant to section 7(a)(2). 
(d) MANAGEMENT AND INTEREST.— 
(1) MANAGEMENT.—On receipt and deposit of 
funds into the accounts in the Trust Fund pursuant 
to subsection (c), the Secretary shall manage, invest, 
and distribute all amounts in the Trust Fund in ac-
cordance with the investment authority of the Sec-
retary under— 
(A) the first section of the Act of June 24, 
1938 (52 Stat. 1037, chapter 648; 25 U.S.C. 
162a); 
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(B) the American Indian Trust Fund Man-
agement Reform Act of 1994 (25 U.S.C. 4001 
et seq.); and 
(C) this section. 
(2) INVESTMENT
EARNINGS.—In addition to 
the deposits under subsection (c), any investment 
earnings, including interest, credited to amounts 
held in the Trust Fund are authorized to be used in 
accordance with subsections (e) and (h). 
(e) AVAILABILITY OF AMOUNTS.— 
(1) IN
GENERAL.—Amounts appropriated to, 
and deposited in, the Trust Fund, including any in-
vestment earnings, including interest, shall be made 
available to the Tribe by the Secretary beginning on 
the Enforceability Date and subject to the require-
ments set forth in this section, except for funds to 
be made available to the Tribe pursuant to para-
graph (2). 
(2) USE OF CERTAIN FUNDS.—Notwithstanding 
paragraph (1), $20,000,000 of the amounts depos-
ited in the Tule River Tribe Water Development 
Projects Account shall be made available to conduct 
technical studies and related investigations regarding 
the Phase I Reservoir and to establish appropriate 
Operation Rules. 
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(f) WITHDRAWALS.— 
(1) WITHDRAWALS UNDER THE AMERICAN IN-
DIAN TRUST FUND MANAGEMENT REFORM ACT OF 
1994.— 
(A) IN GENERAL.—The Tribe may with-
draw any portion of the amounts in the Trust 
Fund on approval by the Secretary of a Tribal 
management plan submitted by the Tribe in ac-
cordance with the American Indian Trust Fund 
Management Reform Act of 1994 (25 U.S.C. 
4001 et seq.). 
(B) REQUIREMENTS.—In addition to the 
requirements under the American Indian Trust 
Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.), the Tribal management 
plan under this paragraph shall require that the 
Tribe shall spend all amounts withdrawn from 
the Trust Fund, and any investment earnings 
accrued through the investments under the 
Tribal management plan, in accordance with 
this Act. 
(C) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
essary to enforce the Tribal management plan 
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under this paragraph to ensure that amounts 
withdrawn by the Tribe from the Trust Fund 
under this paragraph are used in accordance 
with this Act. 
(2) 
WITHDRAWALS
UNDER
EXPENDITURE 
PLAN.— 
(A) IN GENERAL.—The Tribe may submit 
to the Secretary a request to withdraw amounts 
from the Trust Fund pursuant to an approved 
expenditure plan. 
(B) REQUIREMENTS.—To be eligible to 
withdraw amounts under an expenditure plan 
under this paragraph, the Tribe shall submit to 
the Secretary an expenditure plan for any por-
tion of the Trust Fund that the Tribe elects to 
withdraw pursuant to this subparagraph, sub-
ject to the condition that the amounts shall be 
used for the purposes described in this Act. 
(C) INCLUSIONS.—An expenditure plan 
under this paragraph shall include a description 
of the manner and purpose for which the 
amounts proposed to be withdrawn from the 
Trust Fund will be used by the Tribe in accord-
ance with subsections (e) and (h). 
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(D) APPROVAL.—The Secretary shall ap-
prove an expenditure plan submitted under this 
paragraph if the Secretary determines that the 
plan— 
(i) is reasonable; and 
(ii) is consistent with, and will be used 
for, the purposes of this Act. 
(E) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
essary to enforce an expenditure plan to ensure 
that amounts disbursed under this paragraph 
are used in accordance with this Act. 
(g) EFFECT OF SECTION.—Nothing in this section 
gives the Tribe the right to judicial review of a determina-
tion of the Secretary relating to whether to approve a 
Tribal management plan under subsection (f)(1) or an ex-
penditure plan under subsection (f)(2) except under sub-
chapter II of chapter 5, and chapter 7, of title 5, United 
States Code (commonly known as the ‘‘Administrative 
Procedure Act’’). 
(h) USES.—Amounts from the Trust Fund may only 
be used by the Tribe for the following purposes: 
(1) The Tule River Tribe Water Development 
Projects Account may only be used to plan, design, 
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and construct Water Development Projects on the 
Tule River Reservation, and for the conduct of re-
lated activities, including for environmental compli-
ance in the development and construction of projects 
under this Act. 
(2) The Tule River Tribe OM&R Account may 
only be used for the OM&R of Water Development 
Projects. 
(i) LIABILITY.—The Secretary and the Secretary of 
the Treasury shall not be liable for the expenditure or in-
vestment of any amounts withdrawn from the Trust Fund 
by the Tribe under paragraphs (1) and (2) of subsection 
(f). 
(j) TITLE TO INFRASTRUCTURE.—Title to, control 
over, and operation of any project constructed using funds 
from the Trust Fund shall remain in the Tribe. 
(k) OPERATION, MAINTENANCE, AND
REPLACE-
MENT.—All OM&R costs of any project constructed using 
funds from the Trust Fund shall be the responsibility of 
the Tribe. 
(l) NO PER CAPITA DISTRIBUTIONS.—No portion of 
the Trust Fund shall be distributed on a per capita basis 
to any member of the Tribe. 
(m) EXPENDITURE REPORT.—The Tule River Tribe 
shall annually submit to the Secretary an expenditure re-
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port describing accomplishments and amounts spent from 
use of withdrawals under a Tribal management plan or 
an expenditure plan under this Act. 
SEC. 7. FUNDING. 
(a) FUNDING.—Out of any funds in the Treasury not 
otherwise appropriated, the Secretary of the Treasury 
shall transfer to the Secretary— 
(1) for deposit in the Tule River Tribe Water 
Development Projects Account $518,000,000, to be 
available until expended, withdrawn, or reverted to 
the general fund of the Treasury; and 
(2) for deposit in the Tule River Tribe OM&R 
Account $50,000,000, to be available until expended, 
withdrawn, or reverted to the general fund of the 
Treasury. 
(b) FLUCTUATION IN COSTS.— 
(1) IN GENERAL.—The amounts authorized to 
be appropriated under subsection (a) shall be in-
creased or decreased, as appropriate, by such 
amounts as may be justified by reason of ordinary 
fluctuations in costs occurring after November 1, 
2020, as indicated by the Bureau of Reclamation 
Construction Cost Index—Composite Trend. 
(2) CONSTRUCTION COSTS ADJUSTMENT.—The 
amounts authorized to be appropriated under sub-
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section (a) shall be adjusted to address construction 
cost changes necessary to account for unforeseen 
market volatility that may not otherwise be captured 
by engineering cost indices as determined by the 
Secretary, including repricing applicable to the types 
of construction and current industry standards in-
volved. 
(3) REPETITION.—The adjustment process 
under this subsection shall be repeated for each sub-
sequent amount appropriated until the amount au-
thorized, as adjusted, has been appropriated. 
(4) PERIOD OF INDEXING.—The period of in-
dexing adjustment under this subsection for any in-
crement of funding shall end on the date on which 
the funds are deposited into the Trust Fund. 
SEC. 8. TRANSFER OF LAND INTO TRUST. 
(a) TRANSFER OF LAND TO TRUST.— 
(1) IN
GENERAL.—Subject to valid existing 
rights, and the requirements of this subsection, all 
right, title, and interest of the United States in and 
to the land described in paragraph (2) shall be held 
in trust by the United States for the benefit of the 
Tribe as part of the Reservation upon the Enforce-
ability Date, provided that the Tribal fee land de-
scribed in paragraph (2)(C)— 
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(A) is free from any liens, encumbrances, 
or other infirmities; and 
(B) has no existing evidence of any haz-
ardous substances or other environmental liabil-
ity. 
(2) LANDS TO BE HELD IN TRUST.—The land 
referred to in paragraph (1) is the following: 
(A) BUREAU
OF
LAND
MANAGEMENT 
LANDS.— 
(i) Approximately 26.15 acres of land 
located in T. 22 S., R. 29 E., sec. 35, Lot 
9. 
(ii) Approximately 85.50 acres of land 
located in T. 22 S., R. 29 E., sec. 35, Lots 
6 and 7. 
(iii) Approximately 38.77 acres of 
land located in— 
(I) T. 22 S., R. 30 E., sec. 30, 
Lot 1; and 
(II) T. 22 S., R. 30 E., sec. 31, 
Lots 6 and 7. 
(iv) Approximately 154.9 acres of land 
located in T. 22 S., R. 30 E., sec. 34, 
N1⁄4SW1⁄4 and SW1⁄4SW1⁄4, Lots 2 and 3. 
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(v) Approximately 40.00 acres of land 
located in T. 22 S., R. 30 E., sec. 34, 
NE1⁄4SE1⁄4. 
(vi) Approximately 375.17 acres of 
land located in— 
(I) T. 22 S., R. 30 E., sec. 35, 
S1⁄2NE1⁄4, N1⁄2SE1⁄4, and SE1⁄4SE1⁄4, 
Lots 3, 4, and 6; and 
(II) T. 23 S., R. 30 E., sec. 2, 
S1⁄2NE1⁄4, Lots 6 and 7. 
(vii) Approximately 60.43 acres of 
land located in— 
(I) T. 22 S., R. 30 E., sec. 35, 
SW1⁄4SW1⁄4; and 
(II) T. 23 S., R. 30 E., sec. 2, 
Lot 9. 
(viii) Approximately 15.48 acres of 
land located in T. 21 S., R. 30 E., sec. 31 
in that portion of the NW1⁄4 lying between 
Lots 8 and 9. 
(ix) Approximately 29.26 acres of 
land located in T. 21 S., R. 30 E., sec. 31, 
Lot 7. 
(B) FOREST
SERVICE
LANDS.—Approxi-
mately 9,037 acres of land comprising the head-
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waters area of the South Fork Tule River wa-
tershed located east of and adjacent to the Tule 
River Indian Reservation, and more particularly 
described as follows: 
(i) Commencing at the northeast cor-
ner of the Tule River Indian Reservation 
in T. 21 S., R. 31 E., sec. 16, Mount Dia-
blo Base and Meridian, running thence 
east and then southeast along the ridge of 
mountains dividing the waters of the South 
Fork of the Tule River and Middle Fork of 
the Tule River, continuing south and then 
southwest along the ridge of mountains di-
viding the waters of the South Fork of the 
Tule River and the Upper Kern River until 
intersecting with the southeast corner of 
the Tule River Indian Reservation in T. 22 
S., R. 31 E., sec. 28, thence from such 
point north along the eastern boundary of 
the Tule River Indian Reservation to the 
place of beginning. 
(ii) The area encompasses— 
(I) all of secs. 22, 23, 26, 27, 34, 
35, and portions of secs. 13, 14, 15, 
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16, 21, 24, 25, 28, 33, and 36, in T. 
21 S., R. 31 E.; and 
(II) all of secs. 3 and 10, and 
portions of secs. 1, 2, 4, 9, 11, 14, 15, 
16, 21, 22, 27, and 28, in T. 22 S., 
R. 31 E. 
(C) TRIBALLY OWNED FEE LANDS.— 
(i) Approximately 300 acres of land 
known as the McCarthy Ranch and more 
particularly described as follows: 
(I) The SW1⁄4 and that portion 
of the SE1⁄4 of sec. 9 in T. 22 S., R. 
29 E., Mount Diablo Base and Merid-
ian, in the County of Tulare, State of 
California, according to the official 
plat thereof, lying south and west of 
the center line of the South Fork of 
the Tule River, as such river existed 
on June 9, 1886, in the County of 
Tulare, State of California; excepting 
therefrom an undivided one-half inter-
est in and to the oil, gas, minerals, 
and other hydrocarbon substances in, 
on, or under such land, as reserved by 
Alice 
King 
Henderson, 
a 
single 
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woman, by Deed dated January 22, 
1959, and Recorded February 18, 
1959, in Book 2106, page 241, Tulare 
County Official Records. 
(II) An easement over and across 
that portion of the SW1⁄4 of sec. 10 in 
T. 22 S., R. 29 E., Mount Diablo 
Base and Meridian, County of Tulare, 
State of California, more particularly 
described as follows: 
(aa) Beginning at the inter-
section of the west line of the 
SW1⁄4 of sec. 10, and the south 
bank of the South Tule Inde-
pendent Ditch; thence south 20 
rods; thence in an easterly direc-
tion, parallel with such ditch, 80 
rods; thence north 20 rods, 
thence westerly along the south 
bank of such ditch 80 rods to the 
point of beginning; for the pur-
pose of— 
(AA) 
maintaining 
thereon an irrigation ditch 
between the headgate of the 
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King Ditch situated on such 
land and the SW1⁄4 and that 
portion of the SE1⁄4 of sec. 
9 in T. 22 S., R. 29 E., 
lying south and west of the 
centerline of the South Fork 
of the Tule River, as such 
river existed on June 9, 
1886, in the County of 
Tulare, State of California; 
and 
(BB) conveying there-
through 
water 
from 
the 
South Fork of the Tule 
River to the SW1⁄4 and that 
portion of the SE1⁄4 of sec. 
9 in T. 22 S., R. 29 E., 
lying south and west of the 
centerline of the South Fork 
of the Tule River, as such 
river existed on June 9, 
1886. 
(bb) The easement described 
in item (aa) shall follow the exist-
ing route of the King Ditch. 
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(ii) Approximately 640 acres of land 
known as the Pierson/Diaz property in T. 
22 S., R. 29 E., sec. 16, Mount Diablo 
Base and Meridian, in the County of 
Tulare, State of California, according to 
the official plat thereof. 
(iii) Approximately 375.44 acres of 
land known as the Hyder property and 
more particularly described as follows: 
(I) That portion of the S1⁄2 of 
sec. 12 in T. 22 S., R. 28 E., Mount 
Diablo Base and Meridian, in the 
County of Tulare, State of California, 
according to the official plat thereof, 
lying south of the County Road known 
as Reservation Road, excepting there-
from an undivided one-half interest in 
all oil, gas, minerals, and other hydro-
carbon substances as reserved in the 
deed from California Lands, Inc., to 
Lovell J. Wilson and Genevieve P. 
Wilson, recorded February 17, 1940, 
in book 888, page 116, Tulare County 
Official Records. 
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(II) The NW1⁄4 of sec. 13 in T. 
22 S., R. 28 E., Mount Diablo Base 
and Meridian, in the County of 
Tulare, State of California, according 
to the official plat thereof, excepting 
therefrom the south 1200 feet thereof. 
(III) The south 1200 feet of the 
NW1⁄4 of sec. 13 in T. 22 S., R. 28 
E., Mount Diablo Base and Meridian, 
in the County of Tulare, State of Cali-
fornia, according to the official plat 
thereof. 
(iv) Approximately 157.22 acres of 
land situated in the unincorporated area of 
the County of Tulare, State of California, 
known as the Trailor property, and more 
particularly described as follows: The 
SW1⁄4 of sec. 11 in T. 22 S., R. 28 E., 
Mount Diablo Base and Meridian, in the 
unincorporated area of the County of 
Tulare, State of California, according to 
the official plat thereof. 
(v) Approximately 89.45 acres of land 
known as the Tomato Patch in that por-
tion of the SE1⁄4 of sec. 11 in T. 22 S., R. 
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28 E., Mount Diablo Base and Meridian, 
in the County of Tulare, State of Cali-
fornia, according to the Official Plat of the 
survey of such land on file in the Bureau 
of Land Management at the date of the 
issuance of the patent thereof, and more 
particularly described as follows: Beginning 
at the southeast corner of T. 22 S., R. 28 
E., sec. 11, thence north and along the 
east line of such sec. 11, 1342 feet, thence 
south 83° 44’ west 258 feet, thence north 
84° 30’ west 456 feet, thence north 65° 
28’ west 800 feet, thence north 68° 44’ 
west 295 feet, thence south 71° 40’ west 
700 feet, thence south 56° 41’ west 240 
feet to the west line of the SE1⁄4 of such 
sec. 11, thence south 0° 21’ west along 
such west line of the SE1⁄4 of sec. 11, 
thence west 1427 feet to the southwest 
corner of such SE1⁄4 of sec. 11, thence 
south 89° 34’ east 2657.0 feet to the point 
of beginning, excepting therefrom— 
(I) a strip of land 25 feet in 
width along the northerly and east 
sides and used as a County Road; and 
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(II) an undivided one-half inter-
est in all oil, gas, and minerals in and 
under such lands, as reserved in the 
Deed from Bank of America, a cor-
poration, dated August 14, 1935, filed 
for record August 28, 1935, Fee Book 
11904. 
(vi) Approximately 160 acres of land 
known as the Smith Mill in the NW1⁄4 of 
the NE1⁄4, the N1⁄2 of the NW1⁄4, and the 
SE1⁄4 of the NW1⁄4 of sec. 20 in T. 21 S., 
R. 31 E., Mount Diablo Base and Merid-
ian, in the County of Tulare, State of Cali-
fornia, according to the official plat there-
of. 
(vii) Approximately 35 acres of land 
located within the exterior boundaries of 
the Tule River Reservation known as the 
Highway 190 parcel, with the legal de-
scription as follows: That portion of T. 21 
S., R. 29 E., sec. 19, Mount Diablo Base 
and Meridian, in the County of Tulare, 
Sate of California, according to the official 
plat thereof, and more particularly de-
scribed as follows: Commencing at a point 
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in the south line of the N1⁄2 of the S1⁄2 of 
such sec. 19, such point being south 89° 
54’ 47’’ east, 1500.00 feet of the south-
west corner of such N1⁄2, thence north 52° 
41’ 17’’ east, 1602.80 feet to the true 
point of beginning of the parcel to be de-
scribed, thence north 32° 02’ 00’’ west, 
1619.53 feet to a point in the southeast-
erly line of State Highway 190 per deeds 
recorded May 5, 1958, in Book 2053, 
pages 608 and 613, Tulare County Official 
Records, thence north 57° 58’ 00’’ east, 
232.29 feet, thence north 66° 33’ 24’’ east, 
667.51 fee, thence departing the southeast-
erly line of such Highway 190, south 44° 
53’ 27’’ east, 913.62 feet, thence south 85° 
53’ 27’’ east, 794.53 feet, thence south 52° 
41’ 17’’ west, 1744.64 feet to the true 
point of beginning. 
(viii) Approximately 61.91 acres of 
land located within the exterior boundaries 
of the Tule River Reservation known as 
the Shan King property, with the legal de-
scription as follows: 
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01’ 28’’ west, 1075.50 feet to the 
northwesterly corner of such 40.00 
acre parcel, thence north 57° 58’ 50’’ 
east, 232.31 feet along the southeast-
erly line of State Highway 190, 
thence north 66° 34’ 12’’ east, 6.85 
feet, thence, departing the southeast-
erly line of State Highway 190 south 
29° 27’ 29’’ east, 884.73 feet, thence 
south 02° 59’ 33’’ east, 218.00 feet, 
thence south 57° 58’ 31’’ west, 93.67 
feet to the true point of beginning. 
(bb) The property described in 
item (aa) is subject to a 100 foot min-
imum building setback from the right- 
of-way of Highway 190. 
(III) Parcel 3: That portion of T. 
21 S., R. 29 E., sec. 19, Mount Dia-
blo Base and Meridian, County of 
Tulare, State of California, described 
as follows: Beginning at a point in the 
south line of the N1⁄2 of the S1⁄2 of 
such sec. 19, such point being south 
89° 54’ 47’’ east, 1500.00 feet of the 
southwest corner of such N1⁄2, thence 
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north 7° 49’ 19’’ east, 1205.00 feet, 
thence north 40° 00’ 00’’ west, 
850.00 feet to a point in the south-
easterly line of State Highway 190, 
per deeds recorded May 5, 1958, in 
Book 2053, pages 608 and 613, 
Tulare 
County 
Official 
Records, 
thence, north 57° 58’ 00’’ east, 
941.46 feet, along the southeasterly 
line of such Highway 190, thence de-
parting the southeasterly line of such 
Highway 190, south 32° 02’ 00’’ east, 
1619.53 feet, thence south 52° 41’ 
17’’ west, 1602.80 feet to the point of 
beginning, together with a three-quar-
ters (3⁄4) interest in a water system, 
as set forth in that certain water sys-
tem and maintenance agreement re-
corded April 15, 2005, as document 
no. 2005–0039177. 
(ix) Approximately 18.44 acres of 
land located within the exterior boundaries 
of the Tule River Reservation known as 
the Parking Lot 4 parcel with the legal de-
scription as follows: That portion of the 
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land described in that Grant Deed to Tule 
River Indian Tribe, recorded June 1, 2010, 
as 
document 
number 
2010–0032879, 
Tulare County Official Records, lying with-
in the following described parcel: beginning 
at a point on the east line of the NW1⁄4 of 
sec. 3 in T. 22 S., R. 28 E., Mount Diablo 
Meridian, lying south 0° 49’ 43’’ west, 
1670.53 feet from the N1⁄4 corner of such 
sec. 3, thence (1) south 89° 10’ 17’’ east, 
46.50 feet; thence (2) north 0° 49’ 43’’ 
east, 84.08 feet; thence (3) north 33° 00’ 
00’’ west, 76.67 feet to the south line of 
State Route 190 as described in that 
Grant Deed to the State of California, re-
corded February 14, 1958, in Volume 
2038, page 562, Tulare County Official 
Records; thence (4) north 0° 22’ 28’’ east, 
73.59 feet to the north line of the SE1⁄4 of 
the NW1⁄4 of such sec. 3; thence (5) south 
89° 37’ 32’’ east, along such north line, 
89.77 feet to the center-north sixteenth 
corner of such sec. 3; thence (6) south 0° 
49’ 43’’ west, along such east line of the 
NW1⁄4 of such sec. 3, a distance of 222.06 
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feet to the point of beginning. Containing 
0.08 acres, more or less, in addition to 
that portion lying within Road 284. To-
gether with the underlying fee interest, if 
any, contiguous to the above-described 
property in and to Road 284. This convey-
ance is made for the purpose of a freeway 
and the grantor hereby releases and relin-
quishes to the grantee any and all 
abutter’s rights including access rights, ap-
purtenant to grantor’s remaining property, 
in and to such freeway. Reserving however, 
unto grantor, grantor’s successors or as-
signs, the right of access to the freeway 
over and across Courses (1) and (2) herein 
above described. The bearings and dis-
tances used in this description are on the 
California Coordinate System of 1983, 
Zone 4. Divide distances by 0.999971 to 
convert to ground distances. 
(b) TERMS AND CONDITIONS.— 
(1) EXISTING AUTHORIZATIONS.—Any Federal 
land transferred under this section shall be conveyed 
and taken into trust subject to valid existing rights, 
contracts, leases, permits, and rights-of-way, unless 
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the holder of the right, contract, lease, permit, or 
right-of-way requests an earlier termination in ac-
cordance with existing law. The Bureau of Indian 
Affairs shall assume all benefits and obligations of 
the previous land management agency under such 
existing rights, contracts, leases, permits, or rights- 
of-way, and shall disburse to the Tribe any amounts 
that accrue to the United States from such rights, 
contracts, leases, permits, or rights-of-ways after the 
date of transfer from any sale, bonus, royalty, or 
rental relating to that land in the same manner as 
amounts received from other land held by the Sec-
retary in trust for the Tribe. 
(2) IMPROVEMENTS.—Any improvements con-
stituting personal property, as defined by State law, 
belonging to the holder of a right, contract, lease, 
permit, or right-of-way on lands transferred under 
this section shall remain the property of the holder 
and shall be removed not later than 90 days after 
the date on which the right, contract, lease, permit, 
or right-of-way expires, unless the Tribe and the 
holder agree otherwise. Any such property remaining 
beyond the 90-day period shall become the property 
of the Tribe and shall be subject to removal and dis-
position at the Tribe’s discretion. The holder shall 
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be liable for the costs the Tribe incurs in removing 
and disposing of the property. 
(c) WITHDRAWAL OF FEDERAL LANDS.— 
(1) IN
GENERAL.—Subject to valid existing 
rights, effective on the date of enactment of this Act, 
all Federal lands within the parcels described in sub-
section (a)(2) are withdrawn from all forms of— 
(A) entry, appropriation, or disposal under 
the public land laws; 
(B) location, entry, and patent under the 
mining laws; and 
(C) disposition under all laws pertaining to 
mineral and geothermal leasing or mineral ma-
terials. 
(2) EXPIRATION.—The withdrawals pursuant to 
paragraph (1) shall terminate on the date that the 
Secretary takes the lands into trust for the benefit 
of the Tribe pursuant to subsection (a)(1). 
(d) TECHNICAL
CORRECTIONS.—Notwithstanding 
the descriptions of the parcels of land in subsection (a)(2), 
the United States may, with the consent of the Tribe, 
make technical corrections to the legal land descriptions 
to more specifically identify the parcels to be exchanged. 
(e) SURVEY.— 
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(1) Unless the United States or the Tribe re-
quests an additional survey for the transferred land 
or a technical correction is made under subsection 
(d), the description of land under this section shall 
be controlling. 
(2) If the United States or the Tribe requests 
an additional survey, that survey shall control the 
total acreage to be transferred into trust under this 
section. 
(3) The Secretary or the Secretary of Agri-
culture shall provide such assistance as may be ap-
propriate— 
(A) to conduct additional surveys of the 
transferred land; and 
(B) to satisfy administrative requirements 
necessary to accomplish the land transfers 
under this section. 
(f) DATE OF TRANSFER.—The Secretary shall issue 
trust deeds for all land transfers under this section by not 
later than 10 years after the Enforceability Date. 
(g) RESTRICTION ON GAMING.—Lands taken into 
trust pursuant to this section shall not be considered to 
have been taken into trust for, nor eligible for, class II 
gaming or class III gaming (as those terms are defined 
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in section 4 of the Indian Gaming Regulatory Act (25 
U.S.C. 2703)). 
(h) STATUS OF WATER RIGHTS ON TRANSFERRED 
LANDS.—Any water rights associated with lands trans-
ferred pursuant to subparagraphs (A) through (C) of sub-
section (a)(2) shall be held in trust for the Tribe but shall 
not be included in the Tribal Water Right. 
SEC. 9. SATISFACTION OF CLAIMS. 
The benefits provided under this Act shall be in com-
plete replacement of, complete substitution for, and full 
satisfaction of any claim of the Tribe against the United 
States that is waived and released by the Tribe under sec-
tion 10(a). 
SEC. 10. WAIVERS AND RELEASES OF CLAIMS. 
(a) IN GENERAL.— 
(1) WAIVERS
AND
RELEASES
OF
CLAIMS
BY 
THE TRIBE AND THE UNITED STATES AS TRUSTEE 
FOR
THE
TRIBE.—Subject to the reservation of 
rights and retention of claims set forth in subsection 
(c), as consideration for recognition of the Tribe’s 
Tribal Water Right and other benefits described in 
the 2007 Agreement and this Act, the Tribe and the 
United States, acting as trustee for the Tribe, shall 
execute a waiver and release of all claims for the fol-
lowing: 
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(A) All claims for water rights within the 
State of California based on any and all legal 
theories that the Tribe or the United States 
acting as trustee for the Tribe, asserted or 
could have asserted in any proceeding, including 
a general stream adjudication, on or before the 
Enforceability Date, except to the extent that 
such rights are recognized in the 2007 Agree-
ment and this Act. 
(B) All claims for damages, losses, or inju-
ries to water rights or claims of interference 
with, diversion, or taking of water rights (in-
cluding claims for injury to lands resulting from 
such damages, losses, injuries, interference 
with, diversion, or taking of water rights) with-
in California against the State, or any person, 
entity, corporation, or municipality, that ac-
crued at any time up to and including the En-
forceability Date. 
(2) WAIVER AND RELEASE OF CLAIMS BY THE 
TRIBE AGAINST THE UNITED STATES.—Subject to 
the reservation of rights and retention of claims 
under subsection (c), the Tribe shall execute a waiv-
er and release of all claims against the United 
States (including any agency or employee of the 
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United States) for water rights within the State of 
California first arising before the Enforceability 
Date relating to— 
(A) water rights within the State of Cali-
fornia that the United States, acting as trustee 
for the Tribe, asserted or could have asserted in 
any proceeding, including a general stream ad-
judication, except to the extent that such rights 
are recognized as part of the Tribal Water 
Right under this Act; 
(B) foregone benefits from nontribal use of 
water, on and off the Reservation (including 
water from all sources and for all uses); 
(C) damage, loss, or injury to water, water 
rights, land, or natural resources due to loss of 
water or water rights (including damages, 
losses, or injuries to hunting, fishing, gathering, 
or cultural rights, due to loss of water or water 
rights, claims relating to interference with, di-
version, or taking of water, or claims relating to 
a failure to protect, acquire, replace, or develop 
water, water rights, or water infrastructure) 
within the State of California; 
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(D) a failure to establish or provide a mu-
nicipal rural or industrial water delivery system 
on the Reservation; 
(E) damage, loss, or injury to water, water 
rights, land, or natural resources due to con-
struction, operation, and management of irriga-
tion projects on the Reservation and other Fed-
eral land and facilities (including damages, 
losses, or injuries to fish habitat, wildlife, and 
wildlife habitat); 
(F) failure to provide for operation, main-
tenance, or deferred maintenance for any irriga-
tion system or irrigation project; 
(G) failure to provide a dam safety im-
provement to a dam on the Reservation; 
(H) the litigation of claims relating to any 
water rights of the Tribe within the State of 
California; 
(I) the negotiation, execution, or adoption 
of the 2007 Agreement (including exhibits A– 
F) and this Act; 
(J) the negotiation, execution, or adoption 
of operational rules referred to in article 3.4 of 
the 2007 Agreement in connection with any res-
ervoir locations, including any claims related to 
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the resolution of operational rules pursuant to 
the dispute resolution processes set forth in the 
article 8 of the 2007 Agreement, including 
claims arising after the Enforceability Date; 
and 
(K) claims related to the creation or reduc-
tion of the Reservation, including any claims re-
lating to the failure to ratify any treaties and 
any claims that any particular lands were in-
tended to be set aside as a permanent homeland 
for the Tribe but were not included as part of 
the present Reservation. 
(b) EFFECTIVENESS.—The waivers and releases 
under subsection (a) shall take effect on the Enforceability 
Date. 
(c) RESERVATION OF RIGHTS AND RETENTION OF 
CLAIMS.—Notwithstanding the waivers and releases under 
subsection (a), the Tribe and the United States, acting 
as trustee for the Tribe, shall retain— 
(1) all claims relating to the enforcement of, or 
claims accruing after the Enforceability Date relat-
ing to water rights recognized under the 2007 
Agreement, any final court decree entered in the 
Federal District Court for the Eastern District of 
California, or this Act; 
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(2) all claims relating to the right to use and 
protect water rights acquired after the date of enact-
ment of this Act; 
(3) claims regarding the quality of water 
under— 
(A) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.), including claims 
for damages to natural resources; 
(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.) (commonly re-
ferred to as the ‘‘Clean Water Act’’); and 
(D) any regulations implementing the Acts 
described in subparagraphs (A) through (C); 
(4) all claims for damage, loss, or injury to land 
or natural resources that are not due to loss of 
water or water rights, including hunting, fishing, 
gathering, or cultural rights; and 
(5) all rights, remedies, privileges, immunities, 
and powers not specifically waived and released pur-
suant to this Act or the 2007 Agreement. 
(d) EFFECT OF 2007 AGREEMENT AND ACT.—Noth-
ing in the 2007 Agreement or this Act— 
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(1) affects the authority of the Tribe to enforce 
the laws of the Tribe, including with respect to envi-
ronmental protections or reduces or extends the sov-
ereignty (including civil and criminal jurisdiction) of 
any government entity; 
(2) affects the ability of the United States, act-
ing as sovereign, to carry out any activity authorized 
by law, including— 
(A) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.); 
(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.); 
(D) the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.); and 
(E) any regulations implementing the Acts 
described in subparagraphs (A) through (D); 
(3) affects the ability of the United States to 
act as trustee for any other Indian Tribe or an 
allotee of any other Indian Tribe; 
(4) confers jurisdiction on any State court— 
(A) to interpret Federal law relating to 
health, safety, or the environment; 
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(B) to determine the duties of the United 
States or any other party under Federal law re-
garding health, safety, or the environment; 
(C) to conduct judicial review of any Fed-
eral agency action; or 
(D) to interpret Tribal law; or 
(5) waives any claim of a member of the Tribe 
in an individual capacity that does not derive from 
a right of the Tribe. 
(e) 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 Enforceability Date. 
(2) EFFECT OF SUBSECTION.—Nothing in this 
subsection revives any claim or tolls any period of 
limitation or time-based equitable defense that ex-
pired before the date of enactment of this Act. 
(3) LIMITATION.—Nothing in this section pre-
cludes the tolling of any period of limitations or any 
time-based equitable defense under any other appli-
cable law. 
(f) EXPIRATION.— 
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(1) IN GENERAL.—This Act shall expire in any 
case in which the Secretary fails to publish a state-
ment of findings under section 11 by not later 
than— 
(A) 8 years from the date of enactment of 
this Act; or 
(B) such alternative later date as is agreed 
to by the Tribe and the Secretary, after pro-
viding reasonable notice to the State of Cali-
fornia. 
(2) CONSEQUENCES.—If this Act expires under 
paragraph (1)— 
(A) the waivers and releases under sub-
section (a) shall— 
(i) expire; and 
(ii) have no further force or effect; 
(B) the authorization, ratification, con-
firmation, and execution of the 2007 Agreement 
under section 4 shall no longer be effective; 
(C) any action carried out by the Sec-
retary, and any contract or agreement entered 
into pursuant to this Act, shall be void; 
(D) any unexpended Federal funds appro-
priated or made available to carry out the ac-
tivities authorized by this Act, together with 
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any interest earned on those funds, and any 
water rights or contracts to use water and title 
to other property acquired or constructed with 
Federal funds appropriated or made available 
to carry out the activities authorized by this Act 
shall be returned to the Federal Government, 
unless otherwise agreed to by the Tribe and the 
United States and approved by Congress; and 
(E) except for Federal funds used to ac-
quire or construct property that is returned to 
the Federal Government under subparagraph 
(D), the United States shall be entitled to offset 
any Federal funds made available to carry out 
this Act that were expended or withdrawn, or 
any funds made available to carry out this Act 
from other Federal authorized sources, together 
with any interest accrued on those funds, 
against any claims against the United States— 
(i) relating to— 
(I) water rights in the State of 
California asserted by— 
(aa) the Tribe; or 
(bb) any user of the Tribal 
Water Right; or 
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(II) any other matter covered by 
subsection (a)(2); or 
(ii) in any future settlement of water 
rights of the Tribe. 
SEC. 11. ENFORCEABILITY DATE. 
The Enforceability Date shall be the date on which 
the Secretary publishes in the Federal Register a state-
ment of findings that— 
(1) to the extent that the 2007 Agreement con-
flicts with the Act, the 2007 Agreement has been 
amended to conform with this Act; 
(2) the 2007 Agreement, so revised, includes 
waivers and releases of claims set forth in section 10 
and has been executed by the parties, including the 
United States; 
(3) a final judgment and decree approving the 
2007 Agreement, including Operation Rules, and 
binding all parties to the action has been entered by 
the Court, and all appeals have been exhausted; 
(4) all of the amounts authorized to be appro-
priated under section 7(a) have been appropriated 
and deposited in the designated accounts; and 
(5) the waivers and releases under section 10(a) 
have been executed by the Tribe and the Secretary. 
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SEC. 12. BINDING EFFECT; JUDICIAL APPROVAL; ENFORCE-
ABILITY. 
(a) IN GENERAL.— 
(1) LAWSUIT.—One or more Parties may file 
suit in the Court requesting the entry of a final 
judgement and decree approving the Tribal Water 
Right and the 2007 Agreement, provided that no 
such suit shall be filed until after— 
(A) the Tribe has confirmed that the 
Phase I Reservoir will be sited at the location 
described in section 3.4.B.(1) of the 2007 
Agreement and that Exhibit E governs oper-
ation of the Phase I Reservoir; or 
(B) the Tribe has selected a substitute site 
for the Phase I Reservoir pursuant to section 
3.4.B.(2)(a) of the 2007 Agreement and— 
(i) the Parties have agreed on Oper-
ation Rules and the Secretary has executed 
the 2007 Agreement; or 
(ii) if the Parties have reached an im-
passe in attempting to negotiate Operation 
Rules, at least 1 Party has developed pro-
posed Operation Rules to submit for judi-
cial review and approval, and has shared 
the proposed Operation Rules with the 
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other Parties at least 90 days in advance 
of filing the lawsuit. 
(2) JOINING
UNITED
STATES
AS
PARTY.— 
Where suit is filed pursuant to this subsection, in-
cluding the satisfaction of the requirements in sub-
paragraph (A) or (B) of paragraph (1), the United 
States may be joined in litigation for the purposes 
set forth in this section. 
(b) JUDICIAL APPROVAL.—The Court shall have ex-
clusive jurisdiction to review and determine whether to ap-
prove the Tribal Water Right and the 2007 Agreement, 
and on doing so over any cause of action initiated by any 
Party arising from a dispute over the interpretation of the 
2007 Agreement or this Act, and any cause of action initi-
ated by any Party for the enforcement of the 2007 Agree-
ment. 
(c) FAILURE TO AGREE ON OPERATION RULES.— 
(1) 
IN
GENERAL.—Subject 
to 
subsection 
(a)(1)(B)(ii), the Court shall have jurisdiction over 
a cause of action that a Party initiates to establish 
Operation Rules, where the Parties failed to reach 
agreement on such Operation Rules. 
(2) VOLUNTARY DISPUTE RESOLUTION.—If a 
suit is filed under paragraph (1), the Court shall 
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refer the Parties to the voluntary dispute resolution 
program of the Court. 
(3) 
COURT
SELECTION
OF
OPERATION 
RULES.— 
(A) IN GENERAL.—If the voluntary dispute 
resolution program does not, after a reasonable 
amount of time as determined by the Court, re-
sult in agreed-on Operation Rules, the Court 
shall set a deadline by which any Party or 
Downstream Water User may submit proposed 
Operation Rules and, after briefing and hearing 
evidence, select among the proffered Operation 
Rule based on the criteria set forth in para-
graph (4). 
(B) IMPLEMENTATION OF AGREED-ON OP-
ERATION RULES.—Once the Court selects Oper-
ation Rules pursuant to subparagraph (A), such 
Operation Rules shall thereafter control and 
shall be implemented by the Parties pursuant to 
the terms directed by the Court. 
(4) CRITERIA FOR COURT SELECTION OF OPER-
ATION RULES.— 
(A) IN GENERAL.—The Court shall select 
the proffered Operation Rules that, if imple-
mented, would be the most effective in— 
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(i) regulating the flows in the South 
Tule River to comply with the terms con-
tained in the 2007 Agreement and the fol-
lowing diversion limits, where the South 
Tule Independent Ditch Company’s point 
of diversion is the point of measurement, 
including— 
(I) where the natural flow is less 
than 3 cubic feet per second (referred 
to in this clause as ‘‘cfs’’), the Tribe 
has a right to 1 cfs; 
(II) where the natural flow is 
greater than or equal to 3 cfs and less 
than 5 cfs, the Tribe has a right to 
11⁄2 cfs; 
(III) where the natural flow is 
greater than or equal to 5 cfs and less 
than 10 cfs, the Tribe has a right to 
2 cfs; and 
(IV) where the natural flow is 
greater than or equal to 10 cfs, the 
Tribe has a right to any amount; 
(ii) minimizing adverse impact on the 
Parties other than the Tribe; and 
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(iii) maintaining the right of the Tribe 
to the reasonable and economic use of 
water for domestic and stock purposes on 
the Reservation. 
(B) CONSIDERATION
OF
EXHIBIT
E.—In 
applying the criteria set forth in subparagraph 
(A), the Court should consider the Operation 
Rules governing the Phase I Reservoir de-
scribed in section 3.4.B.(1) of the 2007 Agree-
ment, as set forth in Exhibit E to the 2007 
Agreement, which the Parties agreed on based 
on consideration of that criteria. 
(C) INCONSISTENCY OF PROPOSED OPER-
ATION RULES WITH CRITERIA.— 
(i) IN GENERAL.—The Court shall not 
approve the 2007 Agreement if the Court 
finds that none of the proffered Operation 
Rules are consistent with the criteria set 
forth in subparagraph (A). 
(ii) 
ALTERNATIVE
OPERATION 
RULES.—If the Court finds that none of 
the proffered Operation Rules are con-
sistent with the criteria set forth in sub-
paragraph (A), the Court may establish an 
alternate process to allow the Parties to 
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develop alternate Operation Rules that are 
consistent with that criteria. 
SEC. 13. MISCELLANEOUS PROVISIONS. 
(a) WAIVER
OF SOVEREIGN IMMUNITY
BY
THE 
UNITED STATES.—Nothing in this Act waives the sov-
ereign immunity of the United States, except as provided 
in section 12(a)(2). 
(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 
Tribe. 
(c) OTHER WATER RIGHTS OF UNITED STATES NOT 
ADVERSELY AFFECTED.—Nothing in this Act quantifies 
or diminishes any other water right held by the United 
States other than as a Downstream Water User. 
(d) EFFECT ON CURRENT LAW.—Nothing in this Act 
affects any provision of law (including regulations) in ef-
fect on the day before the date of enactment of this Act 
with respect to pre-enforcement review of any Federal en-
vironmental enforcement action. 
(e) CONFLICT.—In the event of a conflict between the 
2007 Agreement and this Act, this Act shall control. 
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SEC. 14. ANTIDEFICIENCY. 
The United States shall not be liable for any failure 
to carry out any obligation or activity authorized by this 
Act, including any obligation or activity under the 2007 
Agreement if adequate appropriations are not provided by 
Congress expressly to carry out the purposes of this Act. 
Æ 
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