[Congressional Record Volume 169, Number 148 (Wednesday, September 13, 2023)]
[Senate]
[Pages S4446-S4451]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1137. Mr. PADILLA submitted an amendment intended to be proposed 
to amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of the amendment, insert the following:

      DIVISION D--TULE RIVER TRIBE SERVED WATER RIGHTS SETTLEMENT

     SEC. 101. SHORT TITLE.

       This division may be cited as the ``Tule River Tribe 
     Reserved Water Rights Settlement Act of 2023''.

     SEC. 102. PURPOSES.

       The purposes of this division 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 division;
       (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 division;
       (4) to authorize funds necessary for the implementation of 
     the 2007 Agreement and this division; and
       (5) to authorize the transfer of certain lands to the 
     Tribe, to be held in trust.

     SEC. 103. DEFINITIONS.

       (a) In General.--In this division:
       (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 104(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 111.
       (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 
     division.
       (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 108.
       (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 division.
       (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 106(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 division 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. 104. RATIFICATION OF 2007 AGREEMENT.

       (a) Ratification.--
       (1) In general.--Except as modified by this division and to 
     the extent that the 2007 Agreement does not conflict with 
     this division, 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 division to make the 2007 Agreement 
     consistent with this division, 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 division.
       (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 103(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 division and with other applicable law.
       (b) Execution.--
       (1) In general.--To the extent the 2007 Agreement does not 
     conflict with this division, 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 division 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 division, 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 division, 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

[[Page S4447]]

       (C) other applicable Federal environmental laws and 
     regulations.
       (2) Compliance.--
       (A) In general.--In implementing the 2007 Agreement and 
     this division, 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. 105. 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 112.
       (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 division.
       (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 division; 
     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 division, 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 division for the allocation, 
     distribution, leasing, or other arrangement entered into 
     pursuant to this division 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. 106. 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 division.
       (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 107(a)(1); and
       (2) in the Tule River Tribe OM&R Account established under 
     subsection (b)(2), the amounts made available pursuant to 
     section 107(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 division.
       (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 division.
       (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 
     division.
       (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 division.
       (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 division.
       (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 division.
       (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

[[Page S4448]]

     an expenditure report describing accomplishments and amounts 
     spent from use of withdrawals under a Tribal management plan 
     or an expenditure plan under this division.

     SEC. 107. 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. 108. 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 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 1,200 feet thereof.
       (III) The south 1,200 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, 1,342 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 1,427 feet to the 
     southwest corner of such SE\1/4\ of sec. 11, thence south 89 
     34' east 2,657 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, State of 
     California, according to the official plat thereof, and more 
     particularly described as follows: Commencing at a point in 
     the south line of the

[[Page S4449]]

     N\1/2\ of the S\1/2\ of such sec. 19, such point being south 
     89 54' 47'' east, 1,500 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, 1,619.53 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, 1,744.64 
     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, 1,500 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-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-acre parcel to the true point 
     of beginning of the parcel to be described, thence, 
     continuing north 32 01' 28'' west, 1,075.50 feet to the 
     northwesterly corner of such 40-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 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, 1,500 feet of the 
     southwest corner of such N\1/2\, thence north 7 49' 19'' 
     east, 1,205 feet, thence north 40 00' 00'' west, 850 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, 1,602.80 feet to the point of 
     beginning, together with a \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. 109. SATISFACTION OF CLAIMS.

       The benefits provided under this division 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 
     110(a).

     SEC. 110. 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 division, 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 division.
       (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

[[Page S4450]]

     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 
     division;
       (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 division;
       (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 division;
       (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 
     division or the 2007 Agreement.
       (d) Effect of 2007 Agreement and Act.--Nothing in the 2007 
     Agreement or this division--
       (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 allottee 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 division shall expire in any case in 
     which the Secretary fails to publish a statement of findings 
     under section 111 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 division 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 104 shall no 
     longer be effective;
       (C) any action carried out by the Secretary, and any 
     contract or agreement entered into pursuant to this division, 
     shall be void;
       (D) any unexpended Federal funds appropriated or made 
     available to carry out the activities authorized by this 
     division, 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 division 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 
     division that were expended or withdrawn, or any funds made 
     available to carry out this division 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. 111. 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 division, the 2007 Agreement has been amended to conform 
     with this division;
       (2) the 2007 Agreement, so revised, includes waivers and 
     releases of claims set forth in section 110 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 107(a) have been appropriated and deposited in the 
     designated accounts; and
       (5) the waivers and releases under section 110(a) have been 
     executed by the Tribe and the Secretary.

     SEC. 112. 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

[[Page S4451]]

       (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 division, 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 those 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 
     those criteria.

     SEC. 113. MISCELLANEOUS PROVISIONS.

       (a) Waiver of Sovereign Immunity by the United States.--
     Nothing in this division waives the sovereign immunity of the 
     United States, except as provided in section 112(a)(2).
       (b) Other Tribes Not Adversely Affected.--Nothing in this 
     division 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 division 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 division 
     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 division, this division shall control.

     SEC. 114. ANTIDEFICIENCY.

        The United States shall not be liable for any failure to 
     carry out any obligation or activity authorized by this 
     division, 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 
     division.
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