[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4870 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4870
To approve the settlement of the water right claims of the Tule River
Tribe, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 15, 2022
Mr. Padilla (for himself and Mrs. Feinstein) introduced the following
bill; which was read twice and referred to the Committee on Indian
Affairs
_______________________________________________________________________
A BILL
To approve the settlement of the water right claims of the Tule River
Tribe, 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 ``Tule River Tribe
Reserved Water Rights Settlement Act of 2022''.
(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. Ratification of 2007 Agreement.
Sec. 5. Tribal Water Right.
Sec. 6. Tule River Tribe trust accounts.
Sec. 7. Funding.
Sec. 8. Transfer of land into trust.
Sec. 9. Satisfaction of claims.
Sec. 10. Waivers and releases of claims.
Sec. 11. Enforceability Date.
Sec. 12. Binding effect; judicial approval; enforceability.
Sec. 13. Miscellaneous provisions.
Sec. 14. Antideficiency.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to achieve a fair, equitable, and final settlement of
claims to water rights in the State of California for--
(A) the Tule River Tribe; and
(B) the United States, acting as trustee for the
Tribe;
(2) to authorize, ratify, and confirm the 2007 Agreement
entered by the Tribe, the South Tule Independent Ditch Company,
and the Tule River Association, to the extent that the 2007
Agreement is consistent with this Act;
(3) to authorize and direct the Secretary--
(A) to execute the 2007 Agreement; and
(B) to take any other actions necessary to carry
out the 2007 Agreement in accordance with this Act;
(4) to authorize funds necessary for the implementation of
the 2007 Agreement and this Act; and
(5) to authorize the transfer of certain lands to the
Tribe, to be held in trust.
SEC. 3. DEFINITIONS.
In this Act:
(1) 2007 agreement.--The term ``2007 Agreement'' means--
(A) the agreement dated November 21, 2007, as
amended on April 22, 2009, between the Tribe, the South
Tule Independent Ditch Company, and the Tule River
Association, and exhibits A-F attached thereto; and
(B) any amendment to the Agreement referred to in
subparagraph (A) (including an amendment to any
exhibit) that is executed to ensure that the 2007
Agreement is consistent with this Act.
(2) Court.--The term ``Court'' means the United States
District Court for the Eastern District of California, unless
otherwise specified herein.
(3) Divert; diversion.--The terms ``divert'' and
``diversion'' mean to remove water from its natural course or
location by means of a ditch, canal, flume, bypass, pipeline,
conduit, well, pump, or other structure or device, or act of a
person.
(4) Downstream water users.--The term ``Downstream Water
Users'' means--
(A) the Tule River Association and its successors
and assigns;
(B) the South Tule Independent Ditch Company and
its successors and assigns; and
(C) any and all other holders of water rights in
the South Fork Tule River Basin.
(5) Enforceability date.--The term ``Enforceability Date''
means the date described in section 11.
(6) OM&R.--
(A) In general.--The term ``OM&R'' means operation,
maintenance, and replacement.
(B) Inclusions.--The term ``OM&R'' includes--
(i) any recurring or ongoing activity
relating to the day-to-day operation of a
project;
(ii) any activity relating to scheduled or
unscheduled maintenance of a project; and
(iii) any activity relating to repairing or
replacing a feature of a project.
(7) Reservation; tule river reservation.--The terms
``Reservation'' and ``Tule River Reservation'' mean the
reservation of lands set aside for the Tribe by the Executive
Orders of January 9, 1873, October 3, 1873, and August 3, 1878,
including lands added to the Reservation pursuant to section 8.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) South tule independent ditch company.--The term ``South
Tule Independent Ditch Company'' means the nonprofit mutual
water company incorporated in 1895, which provides water
diverted from the South Fork of the Tule River to its
shareholders on lands downstream from the Tule River
Reservation.
(10) Tribal water right.--The term ``Tribal Water Right''
means the water rights ratified, confirmed, and declared to be
valid for the benefit of the Tribe as set forth and described
in the 2007 Agreement and this Act.
(11) Tribe.--The term ``Tribe'' means the Tule River Indian
Tribe of the Tule River Reservation, California, a federally
recognized Indian Tribe.
(12) Trust fund.--The term ``Trust Fund'' means the Tule
River Indian Tribe Settlement Trust Fund established under
section 6(a).
(13) Tule river association.--
(A) In general.--The term ``Tule River
Association'' means the association formed by agreement
in 1965, the members of which are representatives of
all pre-1914 appropriative and certain riparian water
right holders of the Tule River at and below the
Richard L. Schafer Dam and Reservoir.
(B) Inclusions.--The term ``Tule River
Association'' includes the Pioneer Water Company, the
Vandalia Irrigation District, the Porterville
Irrigation District, and the Lower Tule River
Irrigation District.
(14) Water development project.--The term ``Water
Development Project'' means a project for domestic, commercial,
municipal, and industrial water supply, including but not
limited to water treatment, storage, and distribution
infrastructure, to be constructed, in whole or in part, using
monies from the Trust Fund.
SEC. 4. RATIFICATION OF 2007 AGREEMENT.
(a) Ratification.--
(1) In general.--Except as modified by this Act and to the
extent that the 2007 Agreement does not conflict with this Act,
the 2007 Agreement is authorized, ratified, and confirmed.
(2) Amendments.--If an amendment to the 2007 Agreement, or
to any exhibit attached to the 2007 Agreement requiring the
signature of the Secretary, is executed in accordance with this
Act to make the 2007 Agreement consistent with this Act, the
amendment is authorized, ratified, and confirmed.
(b) Execution.--
(1) In general.--To the extent the 2007 Agreement does not
conflict with this Act, the Secretary shall execute the 2007
Agreement, including all exhibits to, or parts of, the 2007
Agreement requiring the signature of the Secretary.
(2) Modifications.--Nothing in this Act prohibits 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
require 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.--
(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 documents, 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.), including the
implementing regulations of that Act; and
(iii) all other applicable Federal
environmental laws and regulations.
(B) Authorizations.--The Secretary shall--
(i) independently evaluate the
documentation 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 section 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 performance of
the compliance activities under this subsection 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 associated with inherently Federal functions shall remain
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.
(2) Quantification.--The Tribal Water Right includes the
right to divert and use or permit the diversion 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
subsections (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 accordance with the 2007 Agreement,
this Act, and applicable Federal law.
(d) Administration.--
(1) No alienation.--The Tribe shall not permanently
alienate any portion of the Tribal Water Right.
(2) Purchases or grants of land from indians.--An
authorization provided by this Act for the allocation,
distribution, leasing, or other arrangement entered into
pursuant to this Act shall be considered to satisfy any
requirement for authorization 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 interest 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 section 7(a)(1); and
(2) in the Tule River Tribe OM&R Account established 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 accordance with the investment authority of
the Secretary under--
(A) the first section of the Act of June 24, 1938
(52 Stat. 1037, chapter 648; 25 U.S.C. 162a);
(B) the American Indian Trust Fund Management
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.--Amounts appropriated to, and
deposited in, the Trust Fund, including any investment earnings,
including interest, shall be made available to the Tribe by the
Secretary beginning on the Enforceability Date and subject to the
requirements set forth in this section.
(f) Withdrawals.--
(1) Withdrawals under the american indian trust fund
management reform act of 1994.--
(A) In general.--The Tribe may withdraw any portion
of the amounts in the Trust Fund on approval by the
Secretary of a Tribal management plan submitted by the
Tribe in accordance 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 actions as the Secretary
determines to be necessary to enforce the Tribal
management plan 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 portion of the Trust Fund that the Tribe
elects to withdraw pursuant to this subparagraph,
subject 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
accordance with subsections (e) and (h).
(D) Approval.--The Secretary shall approve 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 actions as the Secretary
determines to be necessary 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 determination of the Secretary relating
to whether to approve a Tribal management plan under subsection (f)(1)
or an expenditure plan under subsection (f)(2) except under subchapter
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, and construct Water
Development Projects on the Tule River Reservation, and for the
conduct of related activities, including for environmental
compliance 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 investment 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, & Replacement.--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 report 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 increased 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 subsection (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 involved.
(3) Repetition.--The adjustment process under this
subsection shall be repeated for each subsequent amount
appropriated until the amount authorized, as adjusted, has been
appropriated.
(4) Period of indexing.--The period of indexing adjustment
under this subsection for any increment 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 Enforceability
Date, provided that the Tribal fee land described in paragraph
(2)(C)--
(A) is free from any liens, encumbrances, or other
infirmities; and
(B) has no existing evidence of any hazardous
substances or other environmental liability.
(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, N\1/
4\SW\1/4\ and SW\1/4\SW\1/4\, Lots 2 and 3.
(v) Approximately 40.00 acres of land
located in T. 22 S., R. 30 E., sec. 34, NE\1/
4\SE\1/4\.
(vi) Approximately 375.17 acres of land
located in--
(I) T. 22 S., R. 30 E., sec. 35,
S\1/2\NE\1/4\, N\1/2\SE\1/4\, and SE\1/
4\SE\1/4\, Lots 3, 4, and 6; and
(II) T. 23 S., R. 30 E., sec. 2,
S\1/2\NE\1/4\, Lots 6 and 7.
(vii) Approximately 60.43 acres of land
located in--
(I) T. 22 S., R. 30 E., sec. 35,
SW\1/4\SW\1/4\; 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 NW\1/4\ 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.--Approximately 9,037
acres of land comprising the headwaters area of the
South Fork Tule River watershed located east of and
adjacent to the Tule River Indian Reservation, and more
particularly described as follows:
(i) Commencing at the northeast corner of
the Tule River Indian Reservation in T. 21 S.,
R. 31 E., sec. 16, Mount Diablo 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 dividing 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, 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 SW\1/4\ and that portion of
the SE\1/4\ of sec. 9 in T. 22 S., R.
29 E., Mount Diablo Base and Meridian,
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
interest 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 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 SW\1/4\ 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
intersection of the west line
of the SW\1/4\ of sec. 10, and
the south bank of the South
Tule Independent Ditch; thence
south 20 rods; thence in an
easterly direction, 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
purpose of--
(AA) maintaining
thereon an irrigation
ditch between the
headgate of the King
Ditch situated on such
land and the SW\1/4\
and that portion of the
SE\1/4\ 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
therethrough water from
the South Fork of the
Tule River to the SW\1/
4\ and that portion of
the SE\1/4\ 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
existing route of the King
Ditch.
(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 S\1/2\ 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 therefrom
an undivided one-half interest in all
oil, gas, minerals, and other
hydrocarbon 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.
(II) The NW\1/4\ 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
NW\1/4\ 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.
(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 SW\1/4\ 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 portion of the
SE\1/4\ of sec. 11 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 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 SE\1/4\ of such sec. 11, thence south 0
21' west along such west line of the SE\1/4\ of
sec. 11, thence west 1427 feet to the southwest
corner of such SE\1/4\ 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
(II) an undivided one-half interest
in all oil, gas, and minerals in and
under such lands, as reserved in the
Deed from Bank of America, a
corporation, 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 NW\1/4\ of the NE\1/
4\, the N\1/2\ of the NW\1/4\, and the SE\1/4\
of the NW\1/4\ of sec. 20 in T. 21 S., R. 31
E., Mount Diablo Base and Meridian, in the
County of Tulare, State of California,
according to the official plat thereof.
(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 description 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
described as follows: Commencing at a point in
the south line of the N\1/2\ of the S\1/2\ of
such sec. 19, such point being south 89 54'
47'' east, 1500.00 feet of the southwest corner
of such N\1/2\, thence north 52 41' 17'' east,
1602.80 feet to the true point of beginning of
the parcel to be described, thence north 32
02' 00'' west, 1619.53 feet to a point in the
southeasterly 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 southeasterly 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 description as
follows:
(I) Parcel 1: Parcel No. 1 of
parcel map no. 4028 in the County of
Tulare, State of California, as per the
map recorded in Book 41, page 32 of
Tulare County Records.
(II)(aa) Parcel 2: That portion of
T. 21 S., R. 29 E., sec. 19, Mount
Diablo Base and Meridian, in the County
of Tulare, State of California,
described as follows: Commencing at a
point in the south line of the N\1/2\
of the S\1/2\ of such sec. 19, such
point being south 89 54' 58'' east,
1500.00 feet of the southwest corner of
such N\1/2\, thence north 52 41' 06''
east, 1602.80 feet to the southwesterly
corner of the 40.00 acre parcel shown
on the Record of Survey recorded in
Book 18, page 17, of Licensed Surveys,
Tulare County Records, thence, north
32 01' 28'' west, 542.04 feet along
the southwesterly line of such 40.00
acre parcel to the true point of
beginning of the parcel to be
described, thence, continuing north 32
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 southeasterly
line of State Highway 190, thence north
66 34' 12'' east, 6.85 feet, thence,
departing the southeasterly 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 minimum
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 Diablo
Base and Meridian, County of Tulare,
State of California, described as
follows: Beginning at a point in the
south line of the N\1/2\ of the S\1/2\
of such sec. 19, such point being south
89 54' 47'' east, 1500.00 feet of the
southwest corner of such N\1/2\, thence
north 7 49' 19'' east, 1205.00 feet,
thence north 40 00' 00'' west, 850.00
feet to a point in the southeasterly
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 departing 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-quarters (\3/4\) interest in a
water system, as set forth in that
certain water system and maintenance
agreement recorded 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 description as follows:
That portion of the 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 within
the following described parcel: beginning at a
point on the east line of the NW\1/4\ of sec. 3
in T. 22 S., R. 28 E., Mount Diablo Meridian,
lying south 0 49' 43'' west, 1670.53 feet from
the N\1/4\ 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,
recorded 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 SE\1/4\ of the NW\1/4\
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 NW\1/4\ of such sec. 3, a
distance of 222.06 feet to the point of
beginning. Containing 0.08 acres, more or less,
in addition to that portion lying within Road
284. Together with the underlying fee interest,
if any, contiguous to the above-described
property in and to Road 284. This conveyance is
made for the purpose of a freeway and the
grantor hereby releases and relinquishes to the
grantee any and all abutter's rights including
access rights, appurtenant to grantor's
remaining property, in and to such freeway.
Reserving however, unto grantor, grantor's
successors or assigns, the right of access to
the freeway over and across Courses (1) and (2)
herein above described. The bearings and
distances 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 the holder of the right, contract,
lease, permit, or right-of-way requests an earlier termination
in accordance 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 Secretary in trust for the Tribe.
(2) Improvements.--Any improvements constituting 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 disposition at the Tribe's discretion. The holder
shall 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 subsection (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 materials.
(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.--
(1) Unless the United States or the Tribe requests 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 Agriculture shall
provide such assistance as may be appropriate--
(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 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 transferred pursuant to subparagraphs (A) through
(C) of subsection (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 complete
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 section 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 following:
(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 Agreement
and this Act.
(B) All claims for damages, losses, or injuries to
water rights or claims of interference with, diversion,
or taking of water rights (including claims for injury
to lands resulting from such damages, losses, injuries,
interference with, diversion, or taking of water
rights) within California against the State, or any
person, entity, corporation, or municipality, that
accrued at any time up to and including the
Enforceability 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 waiver and release of all claims against the United
States (including any agency or employee of the 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 California
that the United States, acting as trustee for the
Tribe, asserted or could have asserted in any
proceeding, including a general stream adjudication,
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, diversion, 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;
(D) a failure to establish or provide a municipal
rural or industrial water delivery system on the
Reservation;
(E) damage, loss, or injury to water, water rights,
land, or natural resources due to construction,
operation, and management of irrigation projects on the
Reservation and other Federal land and facilities
(including damages, losses, or injuries to fish
habitat, wildlife, and wildlife habitat);
(F) failure to provide for operation, maintenance,
or deferred maintenance for any irrigation system or
irrigation project;
(G) failure to provide a dam safety improvement 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 reservoir
locations, including any claims related to 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 reduction of
the Reservation, including any claims relating to the
failure to ratify any treaties and any claims that any
particular lands were intended 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 relating 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;
(2) all claims relating to the right to use and protect
water rights acquired after the date of enactment of this Act;
(3) claims regarding the quality of water under--
(A) the Comprehensive Environmental Response,
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 referred 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 pursuant to this
Act or the 2007 Agreement.
(d) Effect of 2007 Agreement and Act.--Nothing in the 2007
Agreement or this Act--
(1) affects the authority of the Tribe to enforce the laws
of the Tribe, including with respect to environmental
protections or reduces or extends the sovereignty (including
civil and criminal jurisdiction) of any government entity;
(2) affects the ability of the United States, acting as
sovereign, to carry out any activity authorized by law,
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.);
(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;
(B) to determine the duties of the United States or
any other party under Federal law regarding health,
safety, or the environment;
(C) to conduct judicial review of any Federal
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 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.
(f) Expiration.--
(1) In general.--This Act shall expire in any case in which
the Secretary fails to publish a statement 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 providing reasonable
notice to the State of California.
(2) Consequences.--If this Act expires under paragraph
(1)--
(A) the waivers and releases under subsection (a)
shall--
(i) expire; and
(ii) have no further force or effect;
(B) the authorization, ratification, confirmation,
and execution of the 2007 Agreement under section 4
shall no longer be effective;
(C) any action carried out by the Secretary, and
any contract or agreement entered into pursuant to this
Act, shall be void;
(D) any unexpended Federal funds appropriated or
made available to carry out the activities authorized
by this Act, together with 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 acquire 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
(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 statement of findings that--
(1) to the extent that the 2007 Agreement conflicts 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 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 appropriated 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.
SEC. 12. BINDING EFFECT; JUDICIAL APPROVAL; ENFORCEABILITY.
(a) In General.--Not later than 180 days after the Secretary has
executed the 2007 Agreement, the Attorney General of the United States
shall file suit in the Court requesting the entry of a final judgement
and decree approving the Tribal Water Right and the 2007 Agreement. The
Tribe and the Downstream Water Users shall be named as parties to the
suit.
(b) Judicial Approval.--The Court shall have exclusive jurisdiction
to review and determine whether to approve the 2007 Agreement, and over
any cause of action initiated by any party to the 2007 Agreement
arising from a dispute over the interpretation of the Agreement or this
legislation, and any cause of action initiated by any party to the 2007
Agreement for the enforcement of Agreement.
(c) Operation Rules.--The Court shall have jurisdiction over any
cause of action initiated by any party to the 2007 Agreement arising
from the failure of the parties to reach agreement on operation rules
for any reservoir and shall establish a procedure under which a
mediator is appointed by the Court to assist the parties in resolving
issues regarding operation rules for any reservoir. If the Court
appointed mediation does not, after a reasonable amount of time as
determined by the Court, result in an agreed set of reservoir operation
rules, the Court shall determine which set of reservoir operation rules
shall govern operation of the reservoir by determining which of the
proffered set of operation rules, if implemented, would be the most
effective by meeting the criteria set forth in section 8.2.B(3)(a) of
the 2007 Agreement. Once the Court selects operation rules pursuant to
the standard set forth above, such rules shall thereafter control and
shall be implemented by the parties pursuant to the terms directed by
the Court.
SEC. 13. MISCELLANEOUS PROVISIONS.
(a) Waiver of Sovereign Immunity by the United States.--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 Tribe.
(c) Effect on Current Law.--Nothing in this Act affects any
provision of law (including regulations) in effect on the day before
the date of enactment of this Act with respect to pre-enforcement
review of any Federal environmental enforcement action.
(d) Conflict.--In the event of a conflict between the 2007
Agreement and this Act, this Act shall control.
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.
<all>