To amend the San Luis Rey Indian Water Rights Settlement Act to clarify certain settlement terms, and for other purposes.

Bill: 114-hr-1296
Sponsor: full_name: Rep. Hunter, Duncan D. [R-CA-50]
Introduced: 2015-03-04
Policy area: Native Americans
Subjects: California

Federal-Indian relations

Indian claims

Indian lands and resources rights

Water use and supply
Latest action: action_date: 2016-09-26
text: Received in the Senate.

Summaries:
action_date: 2015-03-04
action_desc: Introduced in House
text: <p>This bill amends the San Luis Rey Indian Water Rights Settlement Act to approve and ratify all provisions of the settlement agreement dated January 30, 2015, and approved by the La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians (California), the San Luis Rey River Indian Water Authority, the City of Escondido, California, the Vista Irrigation District, and the United States. </p> <p>The Departments of the Interior and Justice are authorized to execute the agreement and any amendments approved by the parties as necessary to make it consistent with such Act. (However, such execution shall not constitute a major federal action under the National Environmental Policy Act of 1969.) Interior is authorized to take steps necessary to implement the agreement and such Act. </p> <p>The Bands will continue to possess federally reserved rights and other water rights held in trust by the United States. In any proceeding involving the assertion, enforcement, or defense of such rights, the United States shall not be a required party and and any decision by the United States regarding participation in any such proceeding shall not be subject to judicial review or give rise to any claim for relief against the United States. </p> <p>Congress confirms that the benefits to allottees in the agreement are equitable and fully satisfy their water rights. </p>

action_date: 2016-09-22
action_desc: Passed House amended
text: <p>(Sec. 1) This bill amends the San Luis Rey Indian Water Rights Settlement Act to approve and ratify the settlement agreement dated January 30, 2015, and approved by the La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians (California), the San Luis Rey River Indian Water Authority, the City of Escondido, California, the Vista Irrigation District, and the United States. </p> <p>The Departments of the Interior and Justice may execute the agreement and any amendments approved by the parties to make it consistent with such Act. Such execution shall not constitute a major federal action under the National Environmental Policy Act of 1969. Interior is authorized to take steps necessary to implement the agreement and such Act. </p> <p>The tribes will continue to possess federally reserved rights and other water rights held in trust by the United States. In any proceeding involving the assertion, enforcement, or defense of such rights, the United States shall not be a required party and and any decision by the United States regarding participation in any such proceeding shall not be subject to judicial review or give rise to any claim for relief against the United States. </p> <p>Congress confirms that the benefits to allottees in the agreement are equitable and fully satisfy their water rights.</p> <p>(Sec. 2) A limit is set on the amount that may be allocated annually from the San Luis Rey Tribal Development Fund.</p>

tv_txt: I 114th CONGRESS 1st Session H. R. 1296 IN THE HOUSE OF REPRESENTATIVES March 4, 2015 Mr. Hunter (for himself, Mr. Calvert , Mr. Grijalva , Mr. Peters , Ms. Loretta Sanchez of California , Mr. Vargas , Mr. Cole , Mr. Huffman , and Mr. Rohrabacher ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the San Luis Rey Indian Water Rights Settlement Act to clarify certain settlement terms, and for other purposes.

1. San Luis Rey settlement agreement implementation The San Luis Rey Indian Water Rights Settlement Act ( Public Law 100–675 ) is amended by inserting after section 111 the following: 112. Implementation of settlement (a) Findings Congress finds and recognizes as follows: (1) The City of Escondido, California, the Vista Irrigation District, the San Luis Rey River Indian Water Authority, and the Bands have approved an agreement, dated December 5, 2014, resolving their disputes over the use of certain land and water rights in or near the San Luis Rey River watershed, the terms of which are consistent with this Act. (2) The Bands, the San Luis Rey River Indian Water Authority, the City of Escondido, California, the Vista Irrigation District, and the United States have approved a Settlement Agreement dated January 30, 2015 (hereafter in this section referred to as the Settlement Agreement ) that conforms to the requirements of this Act. (b) Approval and ratification All provisions of the Settlement Agreement, including the waivers and releases of the liability of the United States, the provisions regarding allottees, and the provision entitled Effect of Settlement Agreement and Act, are hereby approved and ratified. (c) Authorizations The Secretary and the Attorney General are authorized to execute, on behalf of the United States, the Settlement Agreement and any amendments approved by the parties as necessary to make the Settlement Agreement consistent with this Act. Such execution shall not constitute a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). The Secretary is further authorized and directed to take all steps that the Secretary may deem necessary or appropriate to implement the Settlement Agreement and this Act. (d) Continued Federally Reserved And Other Water Rights (1) In general Notwithstanding any other provision of law, including any provisions in this Act, the Bands had, have, and continue to possess federally reserved rights and other water rights held in trust by the United States. (2) Future proceedings In any proceeding involving the assertion, enforcement, or defense of the rights described in this subsection, the United States, in its capacity as trustee for any Band, shall not be a required party and any decision by the United States regarding participation in any such proceeding shall not be subject to judicial review or give rise to any claim for relief against the United States. (e) Allottees Congress finds and confirms that the benefits to allottees in the Settlement Agreement, including the remedies and provisions requiring that any rights of allottees shall be satisfied from supplemental water and other water available to the Bands or the Indian Water Authority, are equitable and fully satisfy the water rights of the allottees. (f) No Precedent Nothing in this Act shall be construed or interpreted as a precedent for the litigation or settlement of Indian reserved water rights. .

tv_txt: I 114th CONGRESS 2d Session H. R. 1296 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the San Luis Rey Indian Water Rights Settlement Act to clarify certain settlement terms, and for other purposes.

1. San Luis Rey settlement agreement implementation The San Luis Rey Indian Water Rights Settlement Act ( Public Law 100–675 ) is amended by inserting after section 111 the following: 112. Implementation of settlement (a) Findings Congress finds and recognizes as follows: (1) The City of Escondido, California, the Vista Irrigation District, the San Luis Rey River Indian Water Authority, and the Bands have approved an agreement, dated December 5, 2014, resolving their disputes over the use of certain land and water rights in or near the San Luis Rey River watershed, the terms of which are consistent with this Act. (2) The Bands, the San Luis Rey River Indian Water Authority, the City of Escondido, California, the Vista Irrigation District, and the United States have approved a Settlement Agreement dated January 30, 2015 (hereafter in this section referred to as the Settlement Agreement ) that conforms to the requirements of this Act. (b) Approval and ratification All provisions of the Settlement Agreement, including the waivers and releases of the liability of the United States, the provisions regarding allottees, and the provision entitled Effect of Settlement Agreement and Act, are hereby approved and ratified. (c) Authorizations The Secretary and the Attorney General are authorized to execute, on behalf of the United States, the Settlement Agreement and any amendments approved by the parties as necessary to make the Settlement Agreement consistent with this Act. Such execution shall not constitute a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). The Secretary is further authorized and directed to take all steps that the Secretary may deem necessary or appropriate to implement the Settlement Agreement and this Act. (d) Continued Federally Reserved And Other Water Rights (1) In general Notwithstanding any other provision of law, including any provisions in this Act, the Bands had, have, and continue to possess federally reserved rights and other water rights held in trust by the United States. (2) Future proceedings In any proceeding involving the assertion, enforcement, or defense of the rights described in this subsection, the United States, in its capacity as trustee for any Band, shall not be a required party and any decision by the United States regarding participation in any such proceeding shall not be subject to judicial review or give rise to any claim for relief against the United States. (e) Allottees Congress finds and confirms that the benefits to allottees in the Settlement Agreement, including the remedies and provisions requiring that any rights of allottees shall be satisfied from supplemental water and other water available to the Bands or the Indian Water Authority, are equitable and fully satisfy the water rights of the allottees. (f) No Precedent Nothing in this Act shall be construed or interpreted as a precedent for the litigation or settlement of Indian reserved water rights. . 2. Disbursement of funds The second sentence of section 105(b)(1) of the San Luis Rey Indian Water Rights Settlement Act ( Public Law 100–675 ) is amended by striking the period at the end, and inserting the following: , provided that— (i) no more than $3,700,000 per year (in principal, interest or both) may be so allocated; and (ii) none of the funds made available by this section shall be available unless the Director of the Office of Management and Budget first certifies in writing to the Committee on Natural Resources of the House of Representatives and the Committee on Indian Affairs of the Senate that the federal budget will record budgetary outlays from the San Luis Rey Tribal Development Fund of only the monies, not to exceed $3,700,000 annually, that the Secretary of the Treasury, pursuant to this section, allocates and makes available to the Indian Water Authority from the trust fund. .

Passed the House of Representatives September 22, 2016. Karen L. Haas, Clerk.

tv_txt: II 114th CONGRESS 2d Session H. R. 1296 IN THE SENATE OF THE UNITED STATES September 26, 2016 Received AN ACT To amend the San Luis Rey Indian Water Rights Settlement Act to clarify certain settlement terms, and for other purposes.

1. San Luis Rey settlement agreement implementation The San Luis Rey Indian Water Rights Settlement Act ( Public Law 100–675 ) is amended by inserting after section 111 the following: 112. Implementation of settlement (a) Findings Congress finds and recognizes as follows: (1) The City of Escondido, California, the Vista Irrigation District, the San Luis Rey River Indian Water Authority, and the Bands have approved an agreement, dated December 5, 2014, resolving their disputes over the use of certain land and water rights in or near the San Luis Rey River watershed, the terms of which are consistent with this Act. (2) The Bands, the San Luis Rey River Indian Water Authority, the City of Escondido, California, the Vista Irrigation District, and the United States have approved a Settlement Agreement dated January 30, 2015 (hereafter in this section referred to as the Settlement Agreement ) that conforms to the requirements of this Act. (b) Approval and ratification All provisions of the Settlement Agreement, including the waivers and releases of the liability of the United States, the provisions regarding allottees, and the provision entitled Effect of Settlement Agreement and Act, are hereby approved and ratified. (c) Authorizations The Secretary and the Attorney General are authorized to execute, on behalf of the United States, the Settlement Agreement and any amendments approved by the parties as necessary to make the Settlement Agreement consistent with this Act. Such execution shall not constitute a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). The Secretary is further authorized and directed to take all steps that the Secretary may deem necessary or appropriate to implement the Settlement Agreement and this Act. (d) Continued Federally Reserved And Other Water Rights (1) In general Notwithstanding any other provision of law, including any provisions in this Act, the Bands had, have, and continue to possess federally reserved rights and other water rights held in trust by the United States. (2) Future proceedings In any proceeding involving the assertion, enforcement, or defense of the rights described in this subsection, the United States, in its capacity as trustee for any Band, shall not be a required party and any decision by the United States regarding participation in any such proceeding shall not be subject to judicial review or give rise to any claim for relief against the United States. (e) Allottees Congress finds and confirms that the benefits to allottees in the Settlement Agreement, including the remedies and provisions requiring that any rights of allottees shall be satisfied from supplemental water and other water available to the Bands or the Indian Water Authority, are equitable and fully satisfy the water rights of the allottees. (f) No Precedent Nothing in this Act shall be construed or interpreted as a precedent for the litigation or settlement of Indian reserved water rights. . 2. Disbursement of funds The second sentence of section 105(b)(1) of the San Luis Rey Indian Water Rights Settlement Act ( Public Law 100–675 ) is amended by striking the period at the end, and inserting the following: , provided that— (i) no more than $3,700,000 per year (in principal, interest or both) may be so allocated; and (ii) none of the funds made available by this section shall be available unless the Director of the Office of Management and Budget first certifies in writing to the Committee on Natural Resources of the House of Representatives and the Committee on Indian Affairs of the Senate that the federal budget will record budgetary outlays from the San Luis Rey Tribal Development Fund of only the monies, not to exceed $3,700,000 annually, that the Secretary of the Treasury, pursuant to this section, allocates and makes available to the Indian Water Authority from the trust fund. .

Passed the House of Representatives September 22, 2016. Karen L. Haas, Clerk

tv_txt: IB Union Calendar No. 580 114th CONGRESS 2d Session H. R. 1296 [Report No. 114–747] IN THE HOUSE OF REPRESENTATIVES March 4, 2015 Mr. Hunter (for himself, Mr. Calvert , Mr. Grijalva , Mr. Peters , Ms. Loretta Sanchez of California , Mr. Vargas , Mr. Cole , Mr. Huffman , and Mr. Rohrabacher ) introduced the following bill; which was referred to the Committee on Natural Resources September 15, 2016 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL To amend the San Luis Rey Indian Water Rights Settlement Act to clarify certain settlement terms, and for other purposes.

1. San Luis Rey settlement agreement implementation The San Luis Rey Indian Water Rights Settlement Act ( Public Law 100–675 ) is amended by inserting after section 111 the following: 112. Implementation of settlement (a) Findings Congress finds and recognizes as follows: (1) The City of Escondido, California, the Vista Irrigation District, the San Luis Rey River Indian Water Authority, and the Bands have approved an agreement, dated December 5, 2014, resolving their disputes over the use of certain land and water rights in or near the San Luis Rey River watershed, the terms of which are consistent with this Act. (2) The Bands, the San Luis Rey River Indian Water Authority, the City of Escondido, California, the Vista Irrigation District, and the United States have approved a Settlement Agreement dated January 30, 2015 (hereafter in this section referred to as the Settlement Agreement ) that conforms to the requirements of this Act. (b) Approval and ratification All provisions of the Settlement Agreement, including the waivers and releases of the liability of the United States, the provisions regarding allottees, and the provision entitled Effect of Settlement Agreement and Act, are hereby approved and ratified. (c) Authorizations The Secretary and the Attorney General are authorized to execute, on behalf of the United States, the Settlement Agreement and any amendments approved by the parties as necessary to make the Settlement Agreement consistent with this Act. Such execution shall not constitute a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). The Secretary is further authorized and directed to take all steps that the Secretary may deem necessary or appropriate to implement the Settlement Agreement and this Act. (d) Continued Federally Reserved And Other Water Rights (1) In general Notwithstanding any other provision of law, including any provisions in this Act, the Bands had, have, and continue to possess federally reserved rights and other water rights held in trust by the United States. (2) Future proceedings In any proceeding involving the assertion, enforcement, or defense of the rights described in this subsection, the United States, in its capacity as trustee for any Band, shall not be a required party and any decision by the United States regarding participation in any such proceeding shall not be subject to judicial review or give rise to any claim for relief against the United States. (e) Allottees Congress finds and confirms that the benefits to allottees in the Settlement Agreement, including the remedies and provisions requiring that any rights of allottees shall be satisfied from supplemental water and other water available to the Bands or the Indian Water Authority, are equitable and fully satisfy the water rights of the allottees. (f) No Precedent Nothing in this Act shall be construed or interpreted as a precedent for the litigation or settlement of Indian reserved water rights. .

September 15, 2016 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed