[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5984 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 644
114th CONGRESS
  2d Session
                                H. R. 5984

                          [Report No. 114-821]

To authorize the Pechanga Band of Luiseno Mission Indians Water Rights 
                  Settlement, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 9, 2016

Mr. Calvert (for himself and Mr. Hunter) introduced the following bill; 
        which was referred to the Committee on Natural Resources

                           November 14, 2016

          Additional sponsors: Mrs. Torres and Mrs. Napolitano

                           November 14, 2016

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed


_______________________________________________________________________

                                 A BILL


 
To authorize the Pechanga Band of Luiseno Mission Indians Water Rights 
                  Settlement, 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. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Pechanga Band of 
Luiseno Mission Indians Water Rights Settlement Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Approval of the Pechanga Settlement Agreement.
Sec. 5. Tribal Water Right.
Sec. 6. Satisfaction of claims.
Sec. 7. Waiver of claims.
Sec. 8. Water facilities.
Sec. 9. Pechanga Settlement Fund.
Sec. 10. Miscellaneous provisions.
Sec. 11. Authorization of appropriations.
Sec. 12. Expiration on failure of enforceability date.
Sec. 13. Antideficiency.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to achieve a fair, equitable, and final settlement of 
        claims to water rights and certain claims for injuries to water 
        rights in the Santa Margarita River Watershed for--
                    (A) the Band; and
                    (B) the United States, acting in its capacity as 
                trustee for the Band and Allottees;
            (2) to achieve a fair, equitable, and final settlement of 
        certain claims by the Band and Allottees against the United 
        States;
            (3) to authorize, ratify, and confirm the Pechanga 
        Settlement Agreement to be entered into by the Band, RCWD, and 
        the United States;
            (4) to authorize and direct the Secretary--
                    (A) to execute the Pechanga Settlement Agreement; 
                and
                    (B) to take any other action necessary to carry out 
                the Pechanga Settlement Agreement in accordance with 
                this Act; and
            (5) to authorize the appropriation of amounts necessary for 
        the implementation of the Pechanga Settlement Agreement and 
        this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Adjudication court.--The term ``Adjudication Court'' 
        means the United States District Court for the Southern 
        District of California, which exercises continuing jurisdiction 
        over the Adjudication Proceeding.
            (2) Adjudication proceeding.--The term ``Adjudication 
        Proceeding'' means litigation initiated by the United States 
        regarding relative water rights in the Santa Margarita River 
        Watershed in United States v. Fallbrook Public Utility District 
        et al., Civ. No. 3:51-cv-01247 (S.D.C.A.), including any 
        litigation initiated to interpret or enforce the relative water 
        rights in the Santa Margarita River Watershed pursuant to the 
        continuing jurisdiction of the Adjudication Court over the 
        Fallbrook Decree.
            (3) Allottee.--The term ``Allottee'' means an individual 
        who holds a beneficial real property interest in an Indian 
        allotment that is--
                    (A) located within the Reservation; and
                    (B) held in trust by the United States.
            (4) Band.--The term ``Band'' means Pechanga Band of Luiseno 
        Mission Indians, a federally recognized sovereign Indian tribe 
        that functions as a custom and tradition Indian tribe, acting 
        on behalf of itself and its members, but not acting on behalf 
        of members in their capacities as Allottees.
            (5) Claims.--The term ``claims'' means rights, claims, 
        demands, actions, compensation, or causes of action, whether 
        known or unknown.
            (6) EMWD.--The term ``EMWD'' means Eastern Municipal Water 
        District, a municipal water district organized and existing in 
        accordance with the Municipal Water District Law of 1911, 
        Division 20 of the Water Code of the State of California, as 
        amended.
            (7) EMWD connection fee.--The term ``EMWD Connection Fee'' 
        has the meaning set forth in the Extension of Service Area 
        Agreement.
            (8) Enforceability date.--The term ``enforceability date'' 
        means the date on which the Secretary publishes in the Federal 
        Register the statement of findings described in section 7(e).
            (9) ESAA capacity agreement.--The term ``ESAA Capacity 
        Agreement'' means the ``ESAA Capacity Agreement'', among the 
        Band, RCWD, and the United States.
            (10) ESAA water.--The term ``ESAA Water'' means imported 
        potable water that the Band receives from EMWD and MWD pursuant 
        to the Extension of Service Area Agreement and delivered by 
        RCWD pursuant to the ESAA Water Delivery Agreement.
            (11) ESAA water delivery agreement.--The term ``ESAA Water 
        Delivery Agreement'' means the agreement among EMWD, RCWD, and 
        the Band, establishing the terms and conditions of water 
        service to the Band.
            (12) Extension of service area agreement.--The term 
        ``Extension of Service Area Agreement'' means the ``Extension 
        of Service Area Agreement'', among the Band, EMWD, and MWD, for 
        the provision of water service by EMWD to a designated portion 
        of the Reservation using water supplied by MWD.
            (13) Fallbrook decree.--
                    (A) In general.--The term ``Fallbrook Decree'' 
                means the ``Modified Final Judgment And Decree'', 
                entered in the Adjudication Proceeding on April 6, 
                1966.
                    (B) Inclusions.--The term ``Fallbrook Decree'' 
                includes all court orders, interlocutory judgments, and 
                decisions supplemental to the ``Modified Final Judgment 
                And Decree'', including Interlocutory Judgment No. 30, 
                Interlocutory Judgment No. 35, and Interlocutory 
                Judgment No. 41.
            (14) Fund.--The term ``Fund'' means the Pechanga Settlement 
        Fund established by section 9.
            (15) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (16) Injury to water rights.--The term ``injury to water 
        rights'' means an interference with, diminution of, or 
        deprivation of water rights under Federal or State law.
            (17) Interim capacity.--The term ``Interim Capacity'' has 
        the meaning set forth in the ESAA Capacity Agreement.
            (18) Interim capacity notice.--The term ``Interim Capacity 
        Notice'' has the meaning set forth in the ESAA Capacity 
        Agreement.
            (19) Interlocutory judgment no. 41.--The term 
        ``Interlocutory Judgment No. 41'' means Interlocutory Judgment 
        No. 41 issued in the Adjudication Proceeding on November 8, 
        1962, including all court orders, judgments, and decisions 
        supplemental to that interlocutory judgment.
            (20) MWD.--The term ``MWD'' means the Metropolitan Water 
        District of Southern California, a metropolitan water district 
        organized and incorporated under the Metropolitan Water 
        District Act of the State of California (Stats. 1969, Chapter 
        209, as amended).
            (21) MWD connection fee.--The term ``MWD Connection Fee'' 
        has the meaning set forth in the Extension of Service Area 
        Agreement.
            (22) Pechanga esaa delivery capacity account.--The term 
        ``Pechanga ESAA Delivery Capacity account'' means the account 
        established by section 9(c)(2).
            (23) Pechanga recycled water infrastructure account.--The 
        term ``Pechanga Recycled Water Infrastructure account'' means 
        the account established by section 9(c)(1).
            (24) Pechanga settlement agreement.--The term ``Pechanga 
        Settlement Agreement'' means the Pechanga Settlement Agreement, 
        dated April 8, 2016, together with the exhibits to that 
        agreement, entered into by the Band, the United States on 
        behalf of the Band, its members and Allottees, MWD, EMWD, and 
        RCWD, including--
                    (A) the Extension of Service Area Agreement;
                    (B) the ESAA Capacity Agreement; and
                    (C) the ESAA Water Delivery Agreement.
            (25) Pechanga water code.--The term ``Pechanga Water Code'' 
        means a water code to be adopted by the Band in accordance with 
        section 5(f).
            (26) Pechanga water fund account.--The term ``Pechanga 
        Water Fund account'' means the account established by section 
        9(c)(3).
            (27) Pechanga water quality account.--The term ``Pechanga 
        Water Quality account'' means the account established by 
        section 9(c)(4).
            (28) Permanent capacity.--The term ``Permanent Capacity'' 
        has the meaning set forth in the ESAA Capacity Agreement.
            (29) Permanent capacity notice.--The term ``Permanent 
        Capacity Notice'' has the meaning set forth in the ESAA 
        Capacity Agreement.
            (30) RCWD.--
                    (A) In general.--The term ``RCWD'' means the Rancho 
                California Water District organized pursuant to section 
                34000 et seq. of the California Water Code.
                    (B) Inclusions.--The term ``RCWD'' includes all 
                real property owners for whom RCWD acts as an agent 
                pursuant to an agency agreement.
            (31) Recycled water infrastructure agreement.--The term 
        ``Recycled Water Infrastructure Agreement'' means the 
        ``Recycled Water Infrastructure Agreement'' among the Band, 
        RCWD, and the United States.
            (32) Recycled water transfer agreement.--The term 
        ``Recycled Water Transfer Agreement'' means the ``Recycled 
        Water Transfer Agreement'' between the Band and RCWD.
            (33) Reservation.--
                    (A) In general.--The term ``Reservation'' means the 
                land depicted on the map attached to the Pechanga 
                Settlement Agreement as Exhibit I.
                    (B) Applicability of term.--The term 
                ``Reservation'' shall be used solely for the purposes 
                of the Pechanga Settlement Agreement, this Act, and any 
                judgment or decree issued by the Adjudication Court 
                approving the Pechanga Settlement Agreement.
            (34) Santa margarita river watershed.--The term ``Santa 
        Margarita River Watershed'' means the watershed that is the 
        subject of the Adjudication Proceeding and the Fallbrook 
        Decree.
            (35) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (36) State.--The term ``State'' means the State of 
        California.
            (37) Storage pond.--The term ``Storage Pond'' has the 
        meaning set forth in the Recycled Water Infrastructure 
        Agreement.
            (38) Tribal water right.--The term ``Tribal Water Right'' 
        means the water rights ratified, confirmed, and declared to be 
        valid for the benefit of the Band and Allottees, as set forth 
        and described in section 5.

SEC. 4. APPROVAL OF THE PECHANGA SETTLEMENT AGREEMENT.

    (a) Ratification of Pechanga Settlement Agreement.--
            (1) In general.--Except as modified by this Act, and to the 
        extent that the Pechanga Settlement Agreement does not conflict 
        with this Act, the Pechanga Settlement Agreement is authorized, 
        ratified, and confirmed.
            (2) Amendments.--Any amendment to the Pechanga Settlement 
        Agreement is authorized, ratified, and confirmed, to the extent 
        that the amendment is executed to make the Pechanga Settlement 
        Agreement consistent with this Act.
    (b) Execution of Pechanga Settlement Agreement.--
            (1) In general.--To the extent that the Pechanga Settlement 
        Agreement does not conflict with this Act, the Secretary is 
        directed to and promptly shall execute--
                    (A) the Pechanga Settlement Agreement (including 
                any exhibit to the Pechanga Settlement Agreement 
                requiring the signature of the Secretary); and
                    (B) any amendment to the Pechanga Settlement 
                Agreement necessary to make the Pechanga Settlement 
                Agreement consistent with this Act.
            (2) Modifications.--Nothing in this Act precludes the 
        Secretary from approving modifications to exhibits to the 
        Pechanga Settlement Agreement not inconsistent with this Act, 
        to the extent those modifications do not otherwise require 
        congressional approval pursuant to section 2116 of the Revised 
        Statutes (25 U.S.C. 177) or other applicable Federal law.
    (c) Environmental Compliance.--
            (1) In general.--In implementing the Pechanga Settlement 
        Agreement, the Secretary shall promptly comply with all 
        applicable requirements of--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (C) all other applicable Federal environmental 
                laws; and
                    (D) all regulations promulgated under the laws 
                described in subparagraphs (A) through (C).
            (2) Execution of the pechanga settlement agreement.--
                    (A) In general.--Execution of the Pechanga 
                Settlement Agreement by the Secretary under this 
                section shall not constitute a major Federal action 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
                    (B) Compliance.--The Secretary is directed to carry 
                out all Federal compliance necessary to implement the 
                Pechanga Settlement Agreement.
            (3) Lead agency.--The Bureau of Reclamation shall be 
        designated as the lead agency with respect to environmental 
        compliance.

SEC. 5. TRIBAL WATER RIGHT.

    (a) Intent of Congress.--It is the intent of Congress to provide to 
each Allottee benefits that are equal to or exceed the benefits 
Allottees possess as of the date of enactment of this Act, taking into 
consideration--
            (1) the potential risks, cost, and time delay associated 
        with litigation that would be resolved by the Pechanga 
        Settlement Agreement and this Act;
            (2) the availability of funding under this Act;
            (3) the availability of water from the Tribal Water Right 
        and other water sources as set forth in the Pechanga Settlement 
        Agreement; and
            (4) the applicability of section 7 of the Act of February 
        8, 1887 (25 U.S.C. 381), and this Act to protect the interests 
        of Allottees.
    (b) Confirmation of Tribal Water Right.--
            (1) In general.--A Tribal Water Right of up to 4,994 acre-
        feet of water per year that, under natural conditions, is 
        physically available on the Reservation is confirmed in 
        accordance with the Findings of Fact and Conclusions of Law set 
        forth in Interlocutory Judgment No. 41, as affirmed by the 
        Fallbrook Decree.
            (2) Use.--Subject to the terms of the Pechanga Settlement 
        Agreement, this Act, the Fallbrook Decree, and applicable 
        Federal law, the Band may use the Tribal Water Right for any 
        purpose on the Reservation.
    (c) Holding in Trust.--The Tribal Water Right, as set forth in 
subsection (b), shall--
            (1) be held in trust by the United States on behalf of the 
        Band and the Allottees in accordance with this section;
            (2) include the priority dates described in Interlocutory 
        Judgment No. 41, as affirmed by the Fallbrook Decree; and
            (3) not be subject to forfeiture or abandonment.
    (d) Allottees.--
            (1) Applicability of act of february 8, 1887.--The 
        provisions of section 7 of the Act of February 8, 1887 (25 
        U.S.C. 381), relating to the use of water for irrigation 
        purposes shall apply to the Tribal Water Right.
            (2) Entitlement to water.--Any entitlement to water of an 
        Allottee under Federal law shall be satisfied from the Tribal 
        Water Right.
            (3) Allocations.--Allotted land located within the exterior 
        boundaries of the Reservation shall be entitled to a just and 
        equitable allocation of water for irrigation and domestic 
        purposes from the Tribal Water Right.
            (4) Exhaustion of remedies.--Before asserting any claim 
        against the United States under section 7 of the Act of 
        February 8, 1887 (25 U.S.C. 381), or any other applicable law, 
        an Allottee shall exhaust remedies available under the Pechanga 
        Water Code or other applicable tribal law.
            (5) Claims.--Following exhaustion of remedies available 
        under the Pechanga Water Code or other applicable tribal law, 
        an Allottee may seek relief under section 7 of the Act of 
        February 8, 1887 (25 U.S.C. 381), or other applicable law.
            (6) Authority.--The Secretary shall have the authority to 
        protect the rights of Allottees as specified in this section.
    (e) Authority of Band.--
            (1) In general.--Except as provided in paragraph (2), the 
        Band shall have authority to use, allocate, distribute, and 
        lease the Tribal Water Right on the Reservation in accordance 
        with--
                    (A) the Pechanga Settlement Agreement; and
                    (B) applicable Federal law.
            (2) Leases by allottees.--
                    (A) In general.--An Allottee may lease any interest 
                in land held by the Allottee, together with any water 
                right determined to be appurtenant to that interest in 
                land.
                    (B) Water right appurtenant.--Any water right 
                determined to be appurtenant to an interest in land 
                leased by an Allottee shall be used on such land on the 
                Reservation.
    (f) Pechanga Water Code.--
            (1) In general.--Not later than 18 months after the 
        enforceability date, the Band shall enact a Pechanga Water 
        Code, that provides for--
                    (A) the management, regulation, and governance of 
                all uses of the Tribal Water Right in accordance with 
                the Pechanga Settlement Agreement; and
                    (B) establishment by the Band of conditions, permit 
                requirements, and other limitations relating to the 
                storage, recovery, and use of the Tribal Water Right in 
                accordance with the Pechanga Settlement Agreement.
            (2) Inclusions.--Subject to the approval of the Secretary, 
        the Pechanga Water Code shall provide--
                    (A) that allocations of water to Allottees shall be 
                satisfied with water from the Tribal Water Right;
                    (B) that charges for delivery of water for 
                irrigation purposes for Allottees shall be assessed on 
                a just and equitable basis;
                    (C) a process by which an Allottee may request that 
                the Band provide water for irrigation or domestic 
                purposes in accordance with this Act;
                    (D) a due process system for the consideration and 
                determination by the Band of any request by an Allottee 
                (or any successor in interest to an Allottee) for an 
                allocation of such water for irrigation or domestic 
                purposes on allotted land, including a process for--
                            (i) appeal and adjudication of any denied 
                        or disputed distribution of water; and
                            (ii) resolution of any contested 
                        administrative decision; and
                    (E) a requirement that any Allottee with a claim 
                relating to the enforcement of rights of the Allottee 
                under the Pechanga Water Code or relating to the amount 
                of water allocated to land of the Allottee must first 
                exhaust remedies available to the Allottee under tribal 
                law and the Pechanga Water Code before initiating an 
                action against the United States or petitioning the 
                Secretary pursuant to subsection (d)(4).
            (3) Action by secretary.--
                    (A) In general.--The Secretary shall administer the 
                Tribal Water Right until the Pechanga Water Code is 
                enacted and approved under this section.
                    (B) Approval.--Any provision of the Pechanga Water 
                Code and any amendment to the Pechanga Water Code that 
                affects the rights of Allottees--
                            (i) shall be subject to the approval of the 
                        Secretary; and
                            (ii) shall not be valid until approved by 
                        the Secretary.
                    (C) Approval period.--The Secretary shall approve 
                or disapprove the Pechanga Water Code within a 
                reasonable period of time after the date on which the 
                Band submits the Pechanga Water Code to the Secretary 
                for approval.
    (g) Effect.--Except as otherwise specifically provided in this 
section, nothing in this Act--
            (1) authorizes any action by an Allottee against any 
        individual or entity, or against the Band, under Federal, 
        State, tribal, or local law; or
            (2) alters or affects the status of any action pursuant to 
        section 1491(a) of title 28, United States Code.

SEC. 6. SATISFACTION OF CLAIMS.

    (a) In General.--The benefits provided to the Band under the 
Pechanga Settlement Agreement and this Act shall be in complete 
replacement of, complete substitution for, and full satisfaction of all 
claims of the Band against the United States that are waived and 
released pursuant to section 7.
    (b) Allottee Claims.--The benefits realized by the Allottees under 
this Act shall be in complete replacement of, complete substitution 
for, and full satisfaction of--
            (1) all claims that are waived and released pursuant to 
        section 7; and
            (2) any claims of the Allottees against the United States 
        that the Allottees have or could have asserted that are similar 
        in nature to any claim described in section 7.
    (c) No Recognition of Water Rights.--Except as provided in section 
5(d), nothing in this Act recognizes or establishes any right of a 
member of the Band or an Allottee to water within the Reservation.
    (d) Claims Relating to Development of Water for Reservation.--
            (1) In general.--The amounts authorized to be appropriated 
        pursuant to section 11 shall be used to satisfy any claim of 
        the Allottees against the United States with respect to the 
        development or protection of water resources for the 
        Reservation.
            (2) Satisfaction of claims.--Upon the complete 
        appropriation of amounts authorized pursuant to section 11, any 
        claim of the Allottees against the United States with respect 
        to the development or protection of water resources for the 
        Reservation shall be deemed to have been satisfied.

SEC. 7. WAIVER OF CLAIMS.

    (a) In General.--
            (1) Waiver of claims by the band and the united states 
        acting in its capacity as trustee for the band.--
                    (A) In general.--Subject to the retention of rights 
                set forth in subsection (c), in return for recognition 
                of the Tribal Water Right and other benefits as set 
                forth in the Pechanga Settlement Agreement and this 
                Act, the Band, and the United States, acting as trustee 
                for the Band, are authorized and directed to execute a 
                waiver and release of all claims for water rights 
                within the Santa Margarita River Watershed that the 
                Band, or the United States acting as trustee for the 
                Band, asserted or could have asserted in any 
                proceeding, including the Adjudication Proceeding, 
                except to the extent that such rights are recognized in 
                the Pechanga Settlement Agreement and this Act.
                    (B) Claims against rcwd.--Subject to the retention 
                of rights set forth in subsection (c) and 
                notwithstanding any provisions to the contrary in the 
                Pechanga Settlement Agreement, the Band and the United 
                States, on behalf of the Band and Allottees, fully 
                release, acquit, and discharge RCWD from--
                            (i) claims for injuries to water rights in 
                        the Santa Margarita River Watershed for land 
                        located within the Reservation arising or 
                        occurring at any time up to and including June 
                        30, 2009;
                            (ii) claims for injuries to water rights in 
                        the Santa Margarita River Watershed for land 
                        located within the Reservation arising or 
                        occurring at any time after June 30, 2009, 
                        resulting from the diversion or use of water in 
                        a manner not in violation of the Pechanga 
                        Settlement Agreement or this Act;
                            (iii) claims for subsidence damage to land 
                        located within the Reservation arising or 
                        occurring at any time up to and including June 
                        30, 2009;
                            (iv) claims for subsidence damage arising 
                        or occurring after June 30, 2009, to land 
                        located within the Reservation resulting from 
                        the diversion of underground water in a manner 
                        consistent with the Pechanga Settlement 
                        Agreement or this Act; and
                            (v) claims arising out of, or relating in 
                        any manner to, the negotiation or execution of 
                        the Pechanga Settlement Agreement or the 
                        negotiation or execution of this Act.
            (2) Claims by the united states acting in its capacity as 
        trustee for allottees.--Subject to the retention of claims set 
        forth in subsection (c), in return for recognition of the 
        Tribal Water Right and other benefits as set forth in the 
        Pechanga Settlement Agreement and this Act, the United States, 
        acting as trustee for Allottees, is authorized and directed to 
        execute a waiver and release of all claims for water rights 
        within the Santa Margarita River Watershed that the United 
        States, acting as trustee for the Allottees, asserted or could 
        have asserted in any proceeding, including the Adjudication 
        Proceeding, except to the extent such rights are recognized in 
        the Pechanga Settlement Agreement and this Act.
            (3) Claims by the band against the united states.--Subject 
        to the retention of rights set forth in subsection (c), the 
        Band, is authorized to execute a waiver and release of--
                    (A) all claims against the United States (including 
                the agencies and employees of the United States) 
                relating to claims for water rights in, or water of, 
                the Santa Margarita River Watershed that the United 
                States, acting in its capacity as trustee for the Band, 
                asserted, or could have asserted, in any proceeding, 
                including the Adjudication Proceeding, except to the 
                extent that those rights are recognized in the Pechanga 
                Settlement Agreement and this Act;
                    (B) all claims against the United States (including 
                the agencies and employees of the United States) 
                relating to damages, losses, or injuries to water, 
                water rights, land, or natural resources due to loss of 
                water or water rights (including damages, losses or 
                injuries to hunting, fishing, gathering, or cultural 
                rights due to loss of water or water rights, claims 
                relating to interference with, diversion, or taking of 
                water or water rights, or claims relating to failure to 
                protect, acquire, replace, or develop water, water 
                rights, or water infrastructure) in the Santa Margarita 
                River Watershed that first accrued at any time up to 
                and including the enforceability date;
                    (C) all claims against the United States (including 
                the agencies and employees of the United States) 
                relating to the pending litigation of claims relating 
                to the water rights of the Band in the Adjudication 
                Proceeding; and
                    (D) all claims against the United States (including 
                the agencies and employees of the United States) 
                relating to the negotiation or execution of the 
                Pechanga Settlement Agreement or the negotiation or 
                execution of this Act.
    (b) Effectiveness of Waivers and Releases.--The waivers under 
subsection (a) shall take effect on the enforceability date.
    (c) Reservation of Rights and Retention of Claims.--Notwithstanding 
the waivers and releases authorized in this Act, the Band, on behalf of 
itself and the members of the Band, and the United States, acting in 
its capacity as trustee for the Band and Allottees, retain--
            (1) all claims for enforcement of the Pechanga Settlement 
        Agreement and this Act;
            (2) all claims against any person or entity other than the 
        United States and RCWD, including claims for monetary damages;
            (3) all claims for water rights that are outside the 
        jurisdiction of the Adjudication Court;
            (4) all rights to use and protect water rights acquired on 
        or after the enforceability date; and
            (5) all remedies, privileges, immunities, powers, and 
        claims, including claims for water rights, not specifically 
        waived and released pursuant to this Act and the Pechanga 
        Settlement Agreement.
    (d) Effect of Pechanga Settlement Agreement and Act.--Nothing in 
the Pechanga Settlement Agreement or this Act--
            (1) affects the ability of the United States, acting as a 
        sovereign, to take actions authorized by law, including any 
        laws relating to health, safety, or the environment, 
        including--
                    (A) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.);
                    (B) the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.);
                    (C) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.); and
                    (D) any regulations implementing the Acts described 
                in subparagraphs (A) through (C);
            (2) affects the ability of the United States to take 
        actions acting as trustee for any other Indian tribe or an 
        Allottee of any other Indian tribe;
            (3) confers jurisdiction on any State court--
                    (A) to interpret Federal law regarding health, 
                safety, or the environment;
                    (B) to determine the duties of the United States or 
                other parties pursuant to Federal law regarding health, 
                safety, or the environment; or
                    (C) to conduct judicial review of Federal agency 
                action;
            (4) waives any claim of a member of the Band in an 
        individual capacity that does not derive from a right of the 
        Band;
            (5) limits any funding that RCWD would otherwise be 
        authorized to receive under any Federal law, including, the 
        Reclamation Wastewater and Groundwater Study and Facilities Act 
        (43 U.S.C. 390h et seq.) as that Act applies to permanent 
        facilities for water recycling, demineralization, and 
        desalination, and distribution of nonpotable water supplies in 
        Southern Riverside County, California;
            (6) characterizes any amounts received by RCWD under the 
        Pechanga Settlement Agreement or this Act as Federal for 
        purposes of section 1649 of the Reclamation Wastewater and 
        Groundwater Study and Facilities Act (43 U.S.C. 390h-32); or
            (7) affects the requirement of any party to the Pechanga 
        Settlement Agreement or any of the exhibits to the Pechanga 
        Settlement Agreement to comply with the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) or the California 
        Environmental Quality Act (Cal. Pub. Res. Code 21000 et seq.) 
        prior to performing the respective obligations of that party 
        under the Pechanga Settlement Agreement or any of the exhibits 
        to the Pechanga Settlement Agreement.
    (e) Enforceability Date.--The enforceability date shall be the date 
on which the Secretary publishes in the Federal Register a statement of 
findings that--
            (1) the Adjudication Court has approved and entered a 
        judgment and decree approving the Pechanga Settlement Agreement 
        in substantially the same form as Appendix 2 to the Pechanga 
        Settlement Agreement;
            (2) all amounts authorized by this Act have been deposited 
        in the Fund;
            (3) the waivers and releases authorized in subsection (a) 
        have been executed by the Band and the Secretary;
            (4) the Extension of Service Area Agreement--
                    (A) has been approved and executed by all the 
                parties to the Extension of Service Area Agreement; and
                    (B) is effective and enforceable in accordance with 
                the terms of the Extension of Service Area Agreement; 
                and
            (5) the ESAA Water Delivery Agreement--
                    (A) has been approved and executed by all the 
                parties to the ESAA Water Delivery Agreement; and
                    (B) is effective and enforceable in accordance with 
                the terms of the ESAA Water Delivery Agreement.
    (f) Tolling of Claims.--
            (1) In general.--Each applicable period of limitation and 
        time-based equitable defense relating to a claim described in 
        this section shall be tolled for the period beginning on the 
        date of enactment of this Act and ending on the earlier of--
                    (A) April 30, 2030, or such alternate date after 
                April 30, 2030, as is agreed to by the Band and the 
                Secretary; or
                    (B) the enforceability date.
            (2) Effects of subsection.--Nothing in this subsection 
        revives any claim or tolls any period of limitation or time-
        based equitable defense that expired before the date of 
        enactment of this Act.
            (3) Limitation.--Nothing in this section precludes the 
        tolling of any period of limitations or any time-based 
        equitable defense under any other applicable law.
    (g) Termination.--
            (1) In general.--If all of the amounts authorized to be 
        appropriated to the Secretary pursuant to this Act have not 
        been made available to the Secretary by April 30, 2030--
                    (A) the waivers authorized by this section shall 
                expire and have no force or effect; and
                    (B) all statutes of limitations applicable to any 
                claim otherwise waived under this section shall be 
                tolled until April 30, 2030.
            (2) Voiding of waivers.--If a waiver authorized by this 
        section is void under paragraph (1)--
                    (A) the approval of the United States of the 
                Pechanga Settlement Agreement under section 4 shall be 
                void and have no further force or effect;
                    (B) any unexpended Federal amounts appropriated or 
                made available to carry out this Act, together with any 
                interest earned on those amounts, and any water rights 
                or contracts to use water and title to other property 
                acquired or constructed with Federal amounts 
                appropriated or made available to carry out this Act 
                shall be returned to the Federal Government, unless 
                otherwise agreed to by the Band and the United States 
                and approved by Congress; and
                    (C) except for Federal amounts used to acquire or 
                develop property that is returned to the Federal 
                Government under subparagraph (B), the United States 
                shall be entitled to set off any Federal amounts 
                appropriated or made available to carry out this Act 
                that were expended or withdrawn, together with any 
                interest accrued, against any claims against the United 
                States relating to water rights asserted by the Band or 
                Allottees in any future settlement of the water rights 
                of the Band or Allottees.

SEC. 8. WATER FACILITIES.

    (a) In General.--The Secretary shall, subject to the availability 
of appropriations, using amounts from the designated accounts of the 
Fund, provide the amounts necessary to fulfill the obligations of the 
Band under the Recycled Water Infrastructure Agreement and the ESAA 
Capacity Agreement, in an amount not to exceed the amounts deposited in 
the designated accounts for such purposes plus any interest accrued on 
such amounts from the date of deposit in the Fund to the date of 
disbursement from the Fund, in accordance with this Act and the terms 
and conditions of those agreements.
    (b) Nonreimbursability of Costs.--All costs incurred by the 
Secretary in carrying out this section shall be nonreimbursable.
    (c) Recycled Water Infrastructure.--
            (1) In general.--The Secretary shall, using amounts from 
        the Pechanga Recycled Water Infrastructure account, provide 
        amounts for the Storage Pond in accordance with this section.
            (2) Storage pond.--
                    (A) In general.--The Secretary shall, subject to 
                the availability of appropriations, using amounts from 
                the Pechanga Recycled Water Infrastructure account 
                provide the amounts necessary for a Storage Pond in 
                accordance with the Recycled Water Infrastructure 
                Agreement, in an amount not to exceed $2,656,374.
                    (B) Procedure.--The procedure for the Secretary to 
                provide amounts pursuant to this section shall be as 
                set forth in the Recycled Water Infrastructure 
                Agreement.
                    (C) Liability.--The United States shall have no 
                responsibility or liability for the Storage Pond.
    (d) ESAA Delivery Capacity.--
            (1) In general.--The Secretary shall, using amounts from 
        the Pechanga ESAA Delivery Capacity account, provide amounts 
        for Interim Capacity and Permanent Capacity in accordance with 
        this section.
            (2) Interim capacity.--
                    (A) In general.--The Secretary shall, subject to 
                the availability of appropriations, using amounts from 
                the ESAA Delivery Capacity account, provide amounts 
                necessary for the provision of Interim Capacity in 
                accordance with the ESAA Capacity Agreement in an 
                amount not to exceed $1,000,000.
                    (B) Procedure.--The procedure for the Secretary to 
                provide amounts pursuant to this section shall be as 
                set forth in the ESAA Capacity Agreement.
                    (C) Liability.--The United States shall have no 
                responsibility or liability for the Interim Capacity to 
                be provided by RCWD or by the Band.
                    (D) Transfer to band.--If RCWD does not provide the 
                Interim Capacity Notice required pursuant to the ESAA 
                Capacity Agreement by the date that is 60 days after 
                the date required under the ESAA Capacity Agreement, 
                the amounts in the Pechanga ESAA Delivery Capacity 
                account for purposes of the provision of Interim 
                Capacity and Permanent Capacity, including any interest 
                that has accrued on those amounts, shall be available 
                for use by the Band to provide alternative interim 
                capacity in a manner that is similar to the Interim 
                Capacity and Permanent Capacity that the Band would 
                have received had RCWD provided such Interim Capacity 
                and Permanent Capacity.
            (3) Permanent capacity.--
                    (A) In general.--The Secretary shall, subject to 
                the availability of appropriations, using amounts from 
                the ESAA Delivery Capacity account, provide amounts 
                necessary for the provision of Permanent Capacity in 
                accordance with the ESAA Capacity Agreement.
                    (B) Procedure.--The procedure for the Secretary to 
                provide funds pursuant to this section shall be as set 
                forth in the ESAA Capacity Agreement.
                    (C) Liability.--The United States shall have no 
                responsibility or liability for the Permanent Capacity 
                to be provided by RCWD or by the Band.
                    (D) Transfer to band.--If RCWD does not provide the 
                Permanent Capacity Notice required pursuant to the ESAA 
                Capacity Agreement by the date that is 5 years after 
                the enforceability date, the amounts in the Pechanga 
                ESAA Delivery Capacity account for purposes of the 
                provision of Permanent Capacity, including any interest 
                that has accrued on those amounts, shall be available 
                for use by the Band to provide alternative Permanent 
                Capacity in a manner that is similar to the Permanent 
                Capacity that the Band would have received had RCWD 
                provided such Permanent Capacity.

SEC. 9. PECHANGA SETTLEMENT FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the ``Pechanga Settlement Fund'', 
to be managed, invested, and distributed by the Secretary and to be 
available until expended, and, together with any interest earned on 
those amounts, to be used solely for the purpose of carrying out this 
Act.
    (b) Transfers to Fund.--The Fund shall consist of such amounts as 
are deposited in the Fund under section 11(a) of this Act, together 
with any interest earned on those amounts, which shall be available in 
accordance with subsection (e).
    (c) Accounts of Pechanga Settlement Fund.--The Secretary shall 
establish in the Fund the following accounts:
            (1) Pechanga Recycled Water Infrastructure account, 
        consisting of amounts authorized pursuant to section 11(a)(1).
            (2) Pechanga ESAA Delivery Capacity account, consisting of 
        amounts authorized pursuant to section 11(a)(2).
            (3) Pechanga Water Fund account, consisting of amounts 
        authorized pursuant to section 11(a)(3).
            (4) Pechanga Water Quality account, consisting of amounts 
        authorized pursuant to section 11(a)(4).
    (d) Management of Fund.--The Secretary shall manage, invest, and 
distribute all amounts in the Fund in a manner that is consistent with 
the investment authority of the Secretary under--
            (1) the first section of the Act of June 24, 1938 (25 
        U.S.C. 162a);
            (2) the American Indian Trust Fund Management Reform Act of 
        1994 (25 U.S.C. 4001 et seq.); and
            (3) this section.
    (e) Availability of Amounts.--Amounts appropriated to, and 
deposited in, the Fund, including any investment earnings accrued from 
the date of deposit in the Fund through the date of disbursement from 
the Fund, shall be made available to the Band by the Secretary 
beginning on the enforceability date.
    (f) Withdrawals by Band Pursuant to the American Indian Trust Fund 
Management Reform Act.--
            (1) In general.--The Band may withdraw all or part of the 
        amounts in the Fund on approval by the Secretary of a tribal 
        management plan submitted by the Band in accordance with the 
        American Indian Trust Fund Management Reform Act of 1994 (25 
        U.S.C. 4001 et seq.).
            (2) Requirements.--
                    (A) In general.--In addition to the requirements 
                under the American Indian Trust Fund Management Reform 
                Act of 1994 (25 U.S.C. 4001 et seq.), the tribal 
                management plan under paragraph (1) shall require that 
                the Band shall spend all amounts withdrawn from the 
                Fund in accordance with this Act.
                    (B) Enforcement.--The Secretary may carry out such 
                judicial or administrative actions as the Secretary 
                determines to be necessary to enforce the tribal 
                management plan to ensure that amounts withdrawn by the 
                Band from the Fund under this subsection are used in 
                accordance with this Act.
    (g) Withdrawals by Band Pursuant to an Expenditure Plan.--
            (1) In general.--The Band may submit an expenditure plan 
        for approval by the Secretary requesting that all or part of 
        the amounts in the Fund be disbursed in accordance with the 
        plan.
            (2) Requirements.--The expenditure plan under paragraph (1) 
        shall include a description of the manner and purpose for which 
        the amounts proposed to be disbursed from the Fund will be 
        used, in accordance with subsection (h).
            (3) Approval.--If the Secretary determines that an 
        expenditure plan submitted under this subsection is consistent 
        with the purposes of this Act, the Secretary shall approve the 
        plan.
            (4) Enforcement.--The Secretary may carry out such judicial 
        or administrative actions as the Secretary determines necessary 
        to enforce an expenditure plan to ensure that amounts disbursed 
        under this subsection are used in accordance with this Act.
    (h) Uses.--Amounts from the Fund shall be used by the Band for the 
following purposes:
            (1) Pechanga recycled water infrastructure account.--The 
        Pechanga Recycled Water Infrastructure account shall be used 
        for expenditures by the Band in accordance with section 8(c).
            (2) Pechanga esaa delivery capacity account.--The Pechanga 
        ESAA Delivery Capacity account shall be used for expenditures 
        by the Band in accordance with section 8(d).
            (3) Pechanga water fund account.--The Pechanga Water Fund 
        account shall be used for--
                    (A) payment of the EMWD Connection Fee;
                    (B) payment of the MWD Connection Fee; and
                    (C) any expenses, charges, or fees incurred by the 
                Band in connection with the delivery or use of water 
                pursuant to the Pechanga Settlement Agreement.
            (4) Pechanga water quality account.--The Pechanga Water 
        Quality account shall be used by the Band to fund groundwater 
        desalination activities within the Wolf Valley Basin.
    (i) Liability.--The Secretary and the Secretary of the Treasury 
shall not be liable for the expenditure of, or the investment of any 
amounts withdrawn from, the Fund by the Band under subsection (f) or 
(g).
    (j) No Per Capita Distributions.--No portion of the Fund shall be 
distributed on a per capita basis to any member of the Band.

SEC. 10. MISCELLANEOUS PROVISIONS.

    (a) Waiver of Sovereign Immunity by the United States.--Except as 
provided in subsections (a) through (c) of section 208 of the 
Department of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing 
in this Act waives the sovereign immunity of the United States.
    (b) Other Tribes Not Adversely Affected.--Nothing in this Act 
quantifies or diminishes any land or water right, or any claim or 
entitlement to land or water, of an Indian tribe, band, or community 
other than the Band.
    (c) Limitation on Claims for Reimbursement.--With respect to Indian 
land within the Reservation--
            (1) the United States shall not submit against any Indian-
        owned land located within the Reservation any claim for 
        reimbursement of the cost to the United States of carrying out 
        this Act and the Pechanga Settlement Agreement; and
            (2) no assessment of any Indian-owned land located within 
        the Reservation shall be made regarding that cost.
    (d) Effect on Current Law.--Nothing in this section affects any 
provision of law (including regulations) in effect on the day before 
the date of enactment of this Act with respect to preenforcement review 
of any Federal environmental enforcement action.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--
            (1) Pechanga recycled water infrastructure account.--There 
        is authorized to be appropriated $2,656,374, for deposit in the 
        Pechanga Recycled Water Infrastructure account, to carry out 
        the activities described in section 8(c).
            (2) Pechanga esaa delivery capacity account.--There is 
        authorized to be appropriated $17,900,000, for deposit in the 
        Pechanga ESAA Delivery Capacity account, which amount shall be 
        adjusted for changes in construction costs since June 30, 2009, 
        as is indicated by ENR Construction Cost Index, 20-City 
        Average, as applicable to the types of construction required 
        for the Band to provide the infrastructure necessary for the 
        Band to provide the Interim Capacity and Permanent Capacity in 
        the event that RCWD elects not to provide the Interim Capacity 
        or Permanent Capacity as set forth in the ESAA Capacity 
        Agreement and contemplated in sections 8(d)(2)(D) and 
        8(d)(3)(E) of this Act, with such adjustment ending on the date 
        on which funds authorized to be appropriated under this section 
        have been deposited in the Fund.
            (3) Pechanga water fund account.--There is authorized to be 
        appropriated $5,483,653, for deposit in the Pechanga Water Fund 
        account, which amount shall be adjusted for changes in 
        appropriate cost indices since June 30, 2009, with such 
        adjustment ending on the date of deposit in the Fund, for the 
        purposes set forth in section 9(h)(3).
            (4) Pechanga water quality account.--There is authorized to 
        be appropriated $2,460,000, for deposit in the Pechanga Water 
        Quality account, which amount shall be adjusted for changes in 
        appropriate cost indices since June 30, 2009, with such 
        adjustment ending on the date of deposit in the Fund, for the 
        purposes set forth in section 9(h)(4).

SEC. 12. EXPIRATION ON FAILURE OF ENFORCEABILITY DATE.

    If the Secretary does not publish a statement of findings under 
section 7(e) by April 30, 2021, or such alternative later date as is 
agreed to by the Band and the Secretary, as applicable--
            (1) this Act expires on the later of May 1, 2021, or the 
        day after the alternative date agreed to by the Band and the 
        Secretary;
            (2) any action taken by the Secretary and any contract or 
        agreement pursuant to the authority provided under any 
        provision of this Act shall be void;
            (3) any amounts appropriated under section 11, together 
        with any interest on those amounts, shall immediately revert to 
        the general fund of the Treasury; and
            (4) any amounts made available under section 11 that remain 
        unexpended shall immediately revert to the general fund of the 
        Treasury.

SEC. 13. ANTIDEFICIENCY.

    (a) In General.--Notwithstanding any authorization of 
appropriations to carry out this Act, the expenditure or advance of any 
funds, and the performance of any obligation by the Department in any 
capacity, pursuant to this Act shall be contingent on the appropriation 
of funds for that expenditure, advance, or performance.
    (b) Liability.--The Department of the Interior shall not be liable 
for the failure to carry out any obligation or activity authorized by 
this Act if adequate appropriations are not provided to carry out this 
Act.
                                                 Union Calendar No. 644

114th CONGRESS

  2d Session

                               H. R. 5984

                          [Report No. 114-821]

_______________________________________________________________________

                                 A BILL

To authorize the Pechanga Band of Luiseno Mission Indians Water Rights 
                  Settlement, and for other purposes.

_______________________________________________________________________

                           November 14, 2016

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed