[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1296 Received in Senate (RDS)]

<DOC>
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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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:

``SEC. 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.''.

SEC. 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.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.