[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 306 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 236
118th CONGRESS
  1st Session
                                 S. 306

                          [Report No. 118-110]

 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

                            February 7, 2023

 Mr. Padilla (for himself and Mrs. Feinstein) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

                            November 6, 2023

               Reported by Mr. Schatz, without amendment

_______________________________________________________________________

                                 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 2023''.
    (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, with amendments 
                to facilitate implementation and approval of 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.

    (a) In General.--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 attached thereto; and
                    (B) any amendment to the Agreement referred to in 
                subparagraph (A) (including an amendment to any 
                exhibit) that is executed in accordance with section 
                4(a)(2).
            (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) Operation rules.--The term ``Operation Rules'' means 
        the rules of operation for the Phase I Reservoir, as 
        established in accordance with the 2007 Agreement and this Act.
            (8) Parties.--The term ``Parties'' means the signatories to 
        the 2007 Agreement, including the Secretary.
            (9) Phase i reservoir.--The term ``Phase I Reservoir'' 
        means the reservoir described in either section 3.4.B.(1) or 
        section 3.4.B.(2) of the 2007 Agreement.
            (10) 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.
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (12) South tule independent ditch company.--The term 
        ``South Tule Independent Ditch Company'' means the nonprofit 
        mutual water company incorporated in 1895 that has claims to 
        ownership of water rights dating back to 1854, which provides 
        water diverted from the South Fork of the Tule River to its 
        shareholders on lands downstream from the Tule River 
        Reservation.
            (13) 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.
            (14) Tribe.--The term ``Tribe'' means the Tule River Indian 
        Tribe of the Tule River Reservation, California, a federally 
        recognized Indian Tribe.
            (15) Trust fund.--The term ``Trust Fund'' means the Tule 
        River Indian Tribe Settlement Trust Fund established under 
        section 6(a).
            (16) 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.
            (17) 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.
    (b) Definitions of Other Terms.--Any other term used in this Act 
but not defined in subsection (a)--
            (1) has the meaning given the term in the 2007 Agreement; 
        or
            (2) if no definition for the term is provided in the 2007 
        Agreement, shall be used in a manner consistent with its use in 
        the 2007 Agreement.

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.--
                    (A) General 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) Specific amendments.--
                            (i) Substitute sites.--If a substitute site 
                        for the Phase I Reservoir is identified by the 
                        Tribe pursuant to section 3.4.B.(2)(a) of the 
                        2007 Agreement, then amendments related to the 
                        Operation Rules are authorized, ratified, and 
                        confirmed, to the extent that such Amendments 
                        are consistent with the 2007 Agreement and this 
                        Act.
                            (ii) Priority date.--Amendments agreed to 
                        by the Parties to establish that the priority 
                        date for the Tribal Water Right is no later 
                        than January 9, 1873, is authorized, ratified, 
                        and confirmed.
                            (iii) Senior water rights.--Amendments 
                        agreed to by the Parties to accommodate senior 
                        water rights of those Downstream Water Users 
                        described in section 3(a)(4)(C) are authorized, 
                        ratified, and confirmed, to the extent that the 
                        Court finds any such Downstream Water Users 
                        possess senior water rights that can be 
                        accommodated only by amendment of the 2007 
                        Agreement.
                            (iv) Other amendments.--Other amendments 
                        agreed to by the Parties to facilitate 
                        implementation and approval of the 2007 
                        Agreement are authorized, ratified, and 
                        confirmed, to the extent that such amendments 
                        are otherwise consistent with this Act and with 
                        other applicable law.
    (b) Execution.--
            (1) In general.--To the extent the 2007 Agreement does not 
        conflict with this Act, the Secretary shall execute the 2007 
        Agreement, in accordance with paragraph (2), including all 
        exhibits to, or parts of, the 2007 Agreement requiring the 
        signature of the Secretary.
            (2) Timing.--The Secretary shall not execute the 2007 
        Agreement until--
                    (A) the Parties agree on amendments related to the 
                priority date for the Tribal Water Right; and
                    (B) either--
                            (i) the Tribe moves forward with the Phase 
                        I Reservoir described in section 3.4.B.(1) of 
                        the 2007 Agreement; or
                            (ii) if the Tribe selects a substitute site 
                        pursuant to section 3.4.B.(2) of the 2007 
                        Agreement, either--
                                    (I) the Parties agree on Operation 
                                Rules; or
                                    (II) the Secretary determines, in 
                                the discretion of the Secretary, that 
                                the Parties have reached an impasse in 
                                attempting to negotiate the Operation 
                                Rules.
            (3) 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.--
            (1) In general.--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, except for funds to be 
        made available to the Tribe pursuant to paragraph (2).
            (2) Use of certain funds.--Notwithstanding paragraph (1), 
        $20,000,000 of the amounts deposited in the Tule River Tribe 
        Water Development Projects Account shall be made available to 
        conduct technical studies and related investigations regarding 
        the Phase I Reservoir and to establish appropriate Operation 
        Rules.
    (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, including Operation Rules, and binding all parties 
        to the action has been entered by the Court, and all appeals 
        have been exhausted;
            (4) all of the amounts authorized to be 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.--
            (1) Lawsuit.--1 or more Parties may file suit in the Court 
        requesting the entry of a final judgement and decree approving 
        the Tribal Water Right and the 2007 Agreement, provided that no 
        such suit shall be filed until after--
                    (A) the Tribe has confirmed that the Phase I 
                Reservoir will be sited at the location described in 
                section 3.4.B.(1) of the 2007 Agreement and that 
                Exhibit E governs operation of the Phase I Reservoir; 
                or
                    (B) the Tribe has selected a substitute site for 
                the Phase I Reservoir pursuant to section 3.4.B.(2)(a) 
                of the 2007 Agreement and--
                            (i) the Parties have agreed on Operation 
                        Rules and the Secretary has executed the 2007 
                        Agreement; or
                            (ii) if the Parties have reached an impasse 
                        in attempting to negotiate Operation Rules, at 
                        least 1 Party has developed proposed Operation 
                        Rules to submit for judicial review and 
                        approval, and has shared the proposed Operation 
                        Rules with the other Parties at least 90 days 
                        in advance of filing the lawsuit.
            (2) Joining united states as party.--Where suit is filed 
        pursuant to this subsection, including the satisfaction of the 
        requirements in subparagraph (A) or (B) of paragraph (1), the 
        United States may be joined in litigation for the purposes set 
        forth in this section.
    (b) Judicial Approval.--The Court shall have exclusive jurisdiction 
to review and determine whether to approve the Tribal Water Right and 
the 2007 Agreement, and on doing so over any cause of action initiated 
by any Party arising from a dispute over the interpretation of the 2007 
Agreement or this Act, and any cause of action initiated by any Party 
for the enforcement of the 2007 Agreement.
    (c) Failure To Agree on Operation Rules.--
            (1) In general.--Subject to subsection (a)(1)(B)(ii), the 
        Court shall have jurisdiction over a cause of action that a 
        Party initiates to establish Operation Rules, where the Parties 
        failed to reach agreement on such Operation Rules.
            (2) Voluntary dispute resolution.--If a suit is filed under 
        paragraph (1), the Court shall refer the Parties to the 
        voluntary dispute resolution program of the Court.
            (3) Court selection of operation rules.--
                    (A) In general.--If the voluntary dispute 
                resolution program does not, after a reasonable amount 
                of time as determined by the Court, result in agreed-on 
                Operation Rules, the Court shall set a deadline by 
                which any Party or Downstream Water User may submit 
                proposed Operation Rules and, after briefing and 
                hearing evidence, select among the proffered Operation 
                Rule based on the criteria set forth in paragraph (4).
                    (B) Implementation of agreed-on operation rules.--
                Once the Court selects Operation Rules pursuant to 
                subparagraph (A), such Operation Rules shall thereafter 
                control and shall be implemented by the Parties 
                pursuant to the terms directed by the Court.
            (4) Criteria for court selection of operation rules.--
                    (A) In general.--The Court shall select the 
                proffered Operation Rules that, if implemented, would 
                be the most effective in--
                            (i) regulating the flows in the South Tule 
                        River to comply with the terms contained in the 
                        2007 Agreement and the following diversion 
                        limits, where the South Tule Independent Ditch 
                        Company's point of diversion is the point of 
                        measurement, including--
                                    (I) where the natural flow is less 
                                than 3 cubic feet per second (referred 
                                to in this clause as ``cfs''), the 
                                Tribe has a right to 1 cfs;
                                    (II) where the natural flow is 
                                greater than or equal to 3 cfs and less 
                                than 5 cfs, the Tribe has a right to 
                                1\1/2\ cfs;
                                    (III) where the natural flow is 
                                greater than or equal to 5 cfs and less 
                                than 10 cfs, the Tribe has a right to 2 
                                cfs; and
                                    (IV) where the natural flow is 
                                greater than or equal to 10 cfs, the 
                                Tribe has a right to any amount;
                            (ii) minimizing adverse impact on the 
                        Parties other than the Tribe; and
                            (iii) maintaining the right of the Tribe to 
                        the reasonable and economic use of water for 
                        domestic and stock purposes on the Reservation.
                    (B) Consideration of exhibit e.--In applying the 
                criteria set forth in subparagraph (A), the Court 
                should consider the Operation Rules governing the Phase 
                I Reservoir described in section 3.4.B.(1) of the 2007 
                Agreement, as set forth in Exhibit E to the 2007 
                Agreement, which the Parties agreed on based on 
                consideration of that criteria.
                    (C) Inconsistency of proposed operation rules with 
                criteria.--
                            (i) In general.--The Court shall not 
                        approve the 2007 Agreement if the Court finds 
                        that none of the proffered Operation Rules are 
                        consistent with the criteria set forth in 
                        subparagraph (A).
                            (ii) Alternative operation rules.--If the 
                        Court finds that none of the proffered 
                        Operation Rules are consistent with the 
                        criteria set forth in subparagraph (A), the 
                        Court may establish an alternate process to 
                        allow the Parties to develop alternate 
                        Operation Rules that are consistent with that 
                        criteria.

SEC. 13. MISCELLANEOUS PROVISIONS.

    (a) Waiver of Sovereign Immunity by the United States.--Nothing in 
this Act waives the sovereign immunity of the United States, except as 
provided in section 12(a)(2).
    (b) Other Tribes Not Adversely Affected.--Nothing in this Act 
quantifies or diminishes any land or water right, or any claim or 
entitlement to land or water, of an Indian Tribe, band, or community 
other than the Tribe.
    (c) Other Water Rights of United States Not Adversely Affected.--
Nothing in this Act quantifies or diminishes any other water right held 
by the United States other than as a Downstream Water User.
    (d) Effect on Current Law.--Nothing in this Act affects any 
provision of law (including regulations) in effect on the day before 
the date of enactment of this Act with respect to pre-enforcement 
review of any Federal environmental enforcement action.
    (e) 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.
                                                       Calendar No. 236

118th CONGRESS

  1st Session

                                 S. 306

                          [Report No. 118-110]

_______________________________________________________________________

                                 A BILL

 To approve the settlement of the water right claims of the Tule River 
                     Tribe, and for other purposes.

_______________________________________________________________________

                            November 6, 2023

                       Reported without amendment