[Congressional Record (Bound Edition), Volume 154 (2008), Part 7]
[House]
[Pages 9618-9621]
[From the U.S. Government Publishing Office, www.gpo.gov]




             SOBOBA BAND OF LUISENO INDIANS SETTLEMENT ACT

  Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4841) to approve, ratify, and confirm the settlement 
agreement entered into to resolve claims by the Soboba Band of Luiseno 
Indians relating to alleged interferences with the water resources of 
the Tribe, to authorize and direct the Secretary of the Interior to 
execute and perform the Settlement Agreement and related waivers, and 
for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4841

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Soboba Band of Luiseno 
     Indians Settlement Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds the following:
       (1) The Soboba Band of Luiseno Indians is a federally 
     recognized Indian tribe whose Reservation of approximately 
     6,000 acres, extending east and north from the banks of the 
     San Jacinto River in Riverside County, California, was 
     created by an Executive Order dated June 19, 1883, and 
     enlarged and modified by subsequent Executive Orders, 
     purchases, and an Act of Congress.
       (2) The Tribe's water rights have not been quantified, and 
     the Tribe has asserted claims for interferences with the 
     water resources of its Reservation, which the Tribe maintains 
     have rendered much of the Tribe's Reservation useless for 
     habitation, livestock, or Agriculture. On April 20, 2000, the 
     Tribe filed a lawsuit against The Metropolitan Water District 
     of Southern California for interference with the Tribe's 
     water resources and damages to its Reservation allegedly 
     caused by Metropolitan's construction and operation of the 
     San Jacinto Tunnel, which is part of the Colorado River 
     Aqueduct. The lawsuit, styled Soboba Band of Luiseno Indians 
     v. Metropolitan Water District of Southern California, No. 
     00-04208 GAF (MANx), is pending in the United States District 
     Court for the Central District of California.
       (3) The Tribe also has made claims against Eastern 
     Municipal Water District and Lake Hemet Municipal Water 
     District, located adjacent to the Reservation, seeking to 
     secure its water rights and damages arising from alleged past 
     interference with the Tribe's water resources.
       (4) After negotiations, which included participation by 
     representatives of the Tribe, the United States on behalf of 
     the Tribe, The Metropolitan Water District of Southern 
     California, Eastern Municipal Water District, and Lake Hemet 
     Municipal Water District, a Settlement Agreement has been 
     developed to determine the Tribe's water rights, resolve all 
     of its claims for interference with the water resources of, 
     and damages to, its Reservation, provide for the construction 
     of water projects to facilitate the exercise of the Tribe's 
     rights, and resolve the lawsuit referenced in paragraph (2) 
     of this section.
       (5) The Settlement Agreement provides that--
       (A) Eastern Municipal Water District and Lake Hemet 
     Municipal Water District acknowledge and assure the Tribe's 
     prior and paramount right, superior to all others, to pump 
     9,000 acre-feet of water annually from the San Jacinto River 
     basin in accordance with the limitations and other conditions 
     set forth in the Settlement Agreement;
       (B) Eastern Municipal Water District and The Metropolitan 
     Water District of Southern California will contract to supply 
     water to Eastern Municipal Water District and Eastern 
     Municipal Water District will use this water to recharge 
     water supplies into the basin; and
       (C) the three water districts will make substantial 
     additional contributions to the settlement, including the 
     conveyance of certain replacement lands and economic 
     development funds to the Tribe, to carry out the Settlement 
     Agreement's provisions.
       (b) Purposes.--The purposes of this Act are--
       (1) to approve, ratify, and confirm the Settlement 
     Agreement entered into by the Tribe and non-Indians entities;
       (2) to achieve a fair, equitable, and final settlement of 
     all claims of the Soboba Band of Luiseno Indians, its 
     members, and the United States on behalf of the Tribe and its 
     members, to the water of the San Jacinto River basin;
       (3) to authorize and direct the Secretary of the Interior 
     to execute and perform all obligations of the Secretary under 
     the Settlement Agreement; and
       (4) to authorize the actions and appropriations necessary 
     to meet obligations of the United States under the Settlement 
     Agreement and this Act.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Restoration fund.--The term ``Restoration Fund'' means 
     the San Jacinto Basin Restoration Fund established by section 
     6.
       (2) Development fund.--The term ``Development Fund'' means 
     the Soboba Band of Luiseno Indians Water Development Fund 
     established by section 7.
       (3) Reservation.--
       (A) In general.--The term ``Reservation'' means the Soboba 
     Indian Reservation created by Executive Order dated June 19, 
     1883, and enlarged and modified as of the date of enactment 
     of this Act by Executive Orders and an Act of Congress.
       (B) Exclusions.--For the purposes of this Act, the term 
     ``Reservation'' does not include--
       (i) the 950 acres northwest of and contiguous to the 
     Reservation known as the ``Jones Ranch'', purchased by the 
     Soboba Tribe in fee on July 21, 2001, and placed into trust 
     on January 13, 2003;
       (ii) the 535 acres southeast of and contiguous to the 
     Reservation known as the ``Horseshoe Grande'', purchased by 
     the Soboba Tribe in fee in seven separate transactions in 
     June and December 2001, December 2004, June 2006, and January 
     2007; and
       (iii) the 478 acres north of and contiguous to the 
     Reservation known as ``The Oaks'', purchased by the Soboba 
     Tribe in fee on April 4, 2004.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior or a designee of the Secretary.
       (5) Settlement agreement.--The term ``Settlement 
     Agreement'' means that agreement dated June 7, 2006, as 
     amended to be consistent with this Act, together with all 
     exhibits thereto. The parties to the Settlement Agreement are 
     the Soboba Band of Luiseno Indians and its members, the 
     United States on behalf of the Tribe and its members, The 
     Metropolitan Water District of Southern California, Eastern 
     Municipal Water District, and Lake Hemet Municipal Water 
     District.
       (6) Tribe, soboba tribe, or soboba band of luiseno 
     indians.--The terms ``Tribe'', ``Soboba Tribe'', or ``Soboba 
     Band of Luiseno Indians'' means the body politic and 
     federally recognized Indian tribe, and its members.
       (7) Water management plan.--The term ``Water Management 
     Plan'' means the plan, approved by the Soboba Tribe and the 
     Secretary, developed pursuant to section 4.8, paragraph A of 
     the Settlement Agreement to resolve the overdraft of the San 
     Jacinto basin.

     SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT; AUTHORIZATION.

       (a) In General.--The United States hereby approves, 
     ratifies, and confirms the Settlement Agreement, except to 
     the extent it conflicts with the provisions of this Act.
       (b) Authorization.--The Secretary is authorized and 
     directed to execute, and take such other actions as are 
     necessary to implement, the Settlement Agreement and any 
     amendments approved by the parties necessary to make the 
     Settlement Agreement consistent with this Act.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       (a) Restoration Fund.--There is authorized to be 
     appropriated to the San Jacinto Basin Restoration Fund 
     established in section 6 of this Act the amount of $5,000,000 
     for each of fiscal years 2010 and 2011 to pay or reimburse 
     the costs associated with constructing, operating, and 
     maintaining the portion of the basin recharge project that 
     the United States is responsible for under the Settlement 
     Agreement. These costs are described in section 4.5 of the 
     Settlement Agreement and are necessary to accommodate 
     deliveries of the supplemental imported water under section 
     4.4 of the Settlement Agreement.
       (b) Development Fund.--There is authorized to be 
     appropriated to the Soboba Band of Luiseno Indians Water 
     Development Fund established in section 7 of this Act the 
     amount of $5,500,000 for each of fiscal years 2010 and 2011 
     to pay or reimburse costs associated with constructing, 
     operating, and maintaining water and sewage infrastructure, 
     and other water-related development projects.

[[Page 9619]]

       (c) Limitation.--No funding of any construction, operation, 
     maintenance, or replacement other than those funds authorized 
     under subsections (a) and (b) shall be the responsibility of 
     the Federal Government under the Settlement Agreement or this 
     Act.

     SEC. 6. RESTORATION FUND.

       (a) Establishment.--There shall be established within the 
     Treasury of the United States a non-interest bearing account 
     to be known as the ``San Jacinto Basin Restoration Fund'', 
     consisting of the amounts authorized to be appropriated in 
     section 5(a) of this Act.
       (b) Administration.--The Restoration Fund shall be 
     administered by the Secretary for the purposes set forth in 
     subsection (d) of this section.
       (c) Availability.--The funds authorized to be appropriated 
     pursuant to section 5(a) of this Act shall be available for 
     expenditure or withdrawal only after the effective date set 
     forth in section 10(a).
       (d) Expenditures and Withdrawals.--
       (1) Expenditure plan.--
       (A) In general.--Eastern Municipal Water District, on 
     behalf of the Water Management Plan, shall submit to the 
     Secretary for approval an expenditure plan for use of the 
     Restoration Fund.
       (B) Requirements.--The expenditure plan shall require that 
     any funds be expended or reimbursed in accordance with the 
     purposes described in section 5(a) of this Act.
       (2) Withdrawals.--On approval by the Secretary of the 
     expenditure plan described in this section, Eastern Municipal 
     Water District, on behalf of the Water Management Plan, may 
     expend or be reimbursed monies from the Restoration Fund as 
     provided in the plan.
       (3) Enforcement.--The Secretary may take judicial or 
     administrative action to enforce the provisions of any 
     expenditure plan to ensure that monies expended or reimbursed 
     from the Restoration Fund under the plan are used in 
     accordance with this Act.
       (4) Liability.--If Eastern Municipal Water District, on 
     behalf of the Water Management Plan, exercises the right to 
     expend or be reimbursed monies from the Restoration Fund, 
     neither the Secretary nor the Secretary of the Treasury shall 
     have any liability for the expenditure or reimbursement.
       (5) Annual report.--Eastern Municipal Water District shall 
     submit to the Tribe and the Secretary an annual report that 
     describes all expenditures or reimbursements from the 
     Restoration Fund during the year covered by the report.

     SEC. 7. DEVELOPMENT FUND.

       (a) Establishment.--There shall be established within the 
     Treasury of the United States a fund to be known as the 
     ``Soboba Band of Luiseno Indians Water Development Fund'', to 
     be managed and invested by the Secretary consisting of the 
     amounts authorized to be appropriated in section 5(b).
       (b) Management.--The Secretary shall manage the Development 
     Fund, make investments, and make monies available for 
     distribution consistent with the American Indian Trust Fund 
     Management Reform Act of 1994 (25 U.S.C. 4001 et seq.) 
     (referred to in this section as the ``Trust Fund Reform 
     Act''), this Act, and the Settlement Agreement.
       (c) Investment.--The Secretary shall invest amounts in the 
     Development Fund in accordance with--
       (1) the Act of April 1, 1880 (21 Stat. 70, ch. 41, 25 
     U.S.C. 161);
       (2) the first section of the Act of June 24, 1938 (52 Stat. 
     1037, ch. 648, 25 U.S.C. 162a); and
       (3) subsection (b) of this section.
       (d) Availability.--The funds authorized to be appropriated 
     pursuant to section 5(b) of this Act shall be available for 
     expenditure or withdrawal only after the effective date set 
     forth in section 10(a).
       (e) Expenditures and Withdrawals.--
       (1) Tribal management plan.--
       (A) In general.--The Tribe may withdraw all or part of the 
     Development Fund on approval by the Secretary of a tribal 
     management plan as described in the Trust Fund Reform Act.
       (B) Requirements.--In addition to the requirements under 
     the Trust Fund Reform Act, the tribal management plan shall 
     require that any funds be expended or reimbursed in 
     accordance with the purposes described in section 5(b) of 
     this Act.
       (C) Enforcement.--The Secretary may take judicial or 
     administrative action to enforce the provisions of any tribal 
     management plan to ensure that monies withdrawn from the 
     Development Fund under the plan are used in accordance with 
     this Act.
       (D) Liability.--If the Tribe exercises the right to 
     withdraw monies from the Development Fund, neither the 
     Secretary nor the Secretary of the Treasury shall retain any 
     liability for the expenditure or investment.
       (2) Expenditure plan.--
       (A) In general.--The Tribe shall submit to the Secretary 
     for approval an expenditure plan for any portion of the 
     amounts made available under section 5(b) that the Tribe does 
     not withdraw under this subsection.
       (B) Description.--The expenditure plan shall describe the 
     manner in which, and the purposes for which, amounts of the 
     Tribe remaining in the Funds will be used.
       (C) Approval.--On receipt of an expenditure plan under 
     subparagraph (A), the Secretary shall approve the plan if the 
     Secretary determines that the plan is reasonable and 
     consistent with this Act and the Agreement.
       (3) Annual report.--The Tribe shall submit to the Secretary 
     an annual report that describes all expenditures from the 
     Development Fund during the year covered by the report.
       (4) No per capita distributions.--No part of the 
     Development Fund shall be distributed on a per capita basis 
     to members of the Tribe.

     SEC. 8. WAIVERS AND RELEASES.

       (a) Tribe and United States Authorization.--The Tribe, on 
     behalf of itself and its members, and the Secretary, on 
     behalf of the United States in its capacity as trustee for 
     the Tribe and its members, are authorized, as part of the 
     performance of their obligations under the Settlement 
     Agreement, to execute a waiver and release for claims under 
     Federal, State, or other law against The Metropolitan Water 
     District of Southern California, Eastern Municipal Water 
     District, and Lake Hemet Municipal Water District, for any 
     and all--
       (1) past, present, and future claims to surface water and 
     groundwater rights for the Reservation arising from time 
     immemorial through the effective date described in section 10 
     of this Act and anytime thereafter, except claims to enforce 
     the Settlement Agreement or claims based on water rights 
     acquired after the effective date described in section 10 of 
     this Act;
       (2) past, present, and future claims for injury of any kind 
     arising from interference with surface water and groundwater 
     resources and water rights of the Reservation, including, but 
     not limited to, all claims for injury to the Tribe's use and 
     enjoyment of the Reservation, economic development, religion, 
     language, social structure and culture, and injury to the 
     natural resources of the Reservation, from time immemorial 
     through the effective date described in section 10 of this 
     Act;
       (3) past, present, and future claims for injury of any kind 
     arising from, or in any way related to, continuing 
     interference with surface water and groundwater resources and 
     water rights of the Reservation, including the full scope of 
     claims defined in section 5.1, paragraph A(2) of the 
     Settlement Agreement, to the extent that such continuing 
     interference began prior to the effective date described in 
     section 10 of this Act, from time immemorial through the 
     effective date described in section 10 of this Act and 
     anytime thereafter;
       (4) past, present, and future claims for injury of any kind 
     arising from, or in any way related to, seepage of water into 
     the San Jacinto Tunnel, including the full scope of claims 
     defined in section 5.1, paragraph A(2) of the Settlement 
     Agreement, from time immemorial through the effective date 
     described in section 10 of this Act and anytime thereafter; 
     and
       (5) past, present, and future claims for injury of any kind 
     arising from, or in any way related to, the Water Management 
     Plan as approved in accordance with the Settlement Agreement, 
     from time immemorial through the effective date described in 
     section 10 of this Act and anytime thereafter.
       (b) Tribal Waivers Against the United States.--
       (1) In general.--The Tribe is authorized, as part of the 
     performance of its obligations under the Settlement 
     Agreement, to execute a waiver and release for claims against 
     the United States (acting in its capacity as trustee for the 
     Tribe or its members, or otherwise acting on behalf of the 
     Tribe or its members), including any agencies, officials, or 
     employees thereof, for any and all--
       (A) claims described in subsection (a) of this section;
       (B) past, present, and future claims for failure to acquire 
     or develop water rights and water resources of the 
     Reservation arising from time immemorial through the 
     effective date described in section 10 of this Act and 
     anytime thereafter;
       (C) past, present, and future claims for failure to protect 
     water rights and water resources of the Reservation arising 
     from time immemorial through the effective date described in 
     section 10 of this Act, and any past, present, and future 
     claims for any continuing failure to protect water rights and 
     water resources of the Reservation, arising from time 
     immemorial through the effective date described in section 10 
     of this Act and, to the extent that such continuing failure 
     to protect began before the effective date described in 
     section 10 of this Act, anytime thereafter;
       (D) past, present, and future claims arising from the 
     failure of any non-Federal Party to fulfill the terms of the 
     Settlement Agreement at anytime; and
       (E) past, present, and future claims arising out of the 
     negotiation of the Settlement Agreement or the negotiation 
     and enactment of this Act, or any specific terms of 
     provisions thereof, including, but not limited to, the 
     Tribe's consent to limit the number of participant parties to 
     the Settlement Agreement.
       (2) Effectiveness of waivers against the united states.--
       (A) In general.--The waiver and release contained in this 
     subsection shall take effect on the date on which all of the 
     amounts authorized under sections 5(a) and 5(b) are 
     appropriated.
       (B) Periods of limitation; equitable claims.--
       (i) In general.--All periods of limitation and time-based 
     equitable defenses applicable to the claims set forth in 
     paragraph (1) are tolled for the period between the date of 
     enactment of this Act until the date on which the amounts 
     authorized under sections 5(a) and 5(b) are appropriated.
       (ii) Effect of subparagraph.--This subparagraph neither 
     revives any claim nor tolls any period of limitation or time-
     based equitable defense that may have expired before the date 
     of enactment of this Act.

[[Page 9620]]

       (C) Defense.--The making of the amounts of appropriations 
     authorized under sections 5(a) and 5(b) shall constitute a 
     complete defense to any claim which involves the claims set 
     forth in paragraph (b)(1) pending in any court of the United 
     States on the date on which the appropriations are made.

     SEC. 9. MISCELLANEOUS PROVISIONS.

       (a) Jurisdiction.--
       (1) No effect on subject matter jurisdiction.--Nothing in 
     the Agreement or this Act restricts, enlarges, or otherwise 
     determines the subject matter jurisdiction of any Federal, 
     State, or Tribal court.
       (2) Judgment and decree.--The United States consents to 
     jurisdiction in the United States District Court for the 
     Central District of California case known as Soboba Band of 
     Luiseno Indians v. Metropolitan Water District of Southern 
     California, No. 00-04208 for the purpose of obtaining 
     approval for a judgment and decree substantially the same as 
     the judgment and decree attached to the Settlement Agreement 
     as exhibit H.
       (3) Effect of subsection.--Nothing in this subsection 
     confers jurisdiction on any State court to--
       (A) enforce Federal environmental laws regarding the duties 
     of the United States; or
       (B) conduct judicial review of Federal agency action.
       (b) Use of Water.--
       (1) Tribal use.--With respect to water rights made 
     available under the Settlement Agreement--
       (A) the Tribe may use water made available to it under the 
     Settlement Agreement for any use it deems advisable on the 
     Reservation and on any other lands it owns or may acquire, in 
     fee or in trust, contiguous to the Reservation or within the 
     area of the groundwater basin described in section 2.4 of the 
     Settlement Agreement;
       (B) such water rights shall be held in trust by the United 
     States in perpetuity, and shall not be subject to forfeiture 
     or abandonment; and
       (C) State law shall not apply to the Tribe's use of water 
     made available to it under the Settlement Agreement.
       (2) Non-tribal use.--
       (A) Contracts and options.--Subject to the limitations in 
     subparagraph (B), the Tribe may enter into contracts and 
     options to lease or contracts and options to exchange water 
     made available to it under the Settlement Agreement, or enter 
     into contracts and options to postpone existing water uses or 
     postpone undertaking new or expanded water uses.
       (B) Limitations on non-tribal use.--
       (i) Consistency with water management plan.--Any water made 
     available under subparagraph (A) shall only be used by 
     participants in, or other users within the area of, the Water 
     Management Plan described in section 2.32 of the Settlement 
     Agreement.
       (ii) Prohibition on permanent alienation.--No contract 
     under subparagraph (A) shall be for a term exceeding one 
     hundred years, nor shall any contract under subparagraph (A) 
     provide for permanent alienation of any portion of the water 
     rights made available under the Settlement Agreement.
       (C) Liability.--The Secretary shall not be liable to any 
     party, including the Tribe, for any term of, or any loss or 
     other detriment resulting from, a lease or contract entered 
     into pursuant to this subparagraph.
       (c) Retention of Rights.--
       (1) In the event the waivers and releases set out in 
     section 8 of this Act do not become effective pursuant to 
     section 10(a) of this Act, the Soboba Tribe and the United 
     States shall retain the right to assert all rights and claims 
     enumerated in section 8, and any claims or defenses of the 
     parties to the Settlement Agreement shall also be retained.
       (2) The parties expressly reserve all rights not 
     specifically granted, recognized, waived, or released by the 
     Settlement Agreement or this Act.
       (3) Notwithstanding the waivers and releases set forth in 
     section 8(a), the United States retains all claims relating 
     to violations of the Clean Water Act, the Safe Drinking Water 
     Act, the Comprehensive Environmental Response, Compensation, 
     and Liability Act, Resource Conservation and Recovery Act, 
     and the regulations implementing these Acts, including, but 
     not limited to claims related to water quality.
       (d) Precedent.--Nothing in this Act establishes any 
     standard for the quantification or litigation of Federal 
     reserved water rights or any other Indian water claims of any 
     other Indian tribes in any other judicial or administrative 
     proceeding.
       (e) Other Indian Tribes.--Nothing in the Settlement 
     Agreement or this Act shall be construed in any way to 
     quantify or otherwise adversely affect the water rights, 
     claims, or entitlements to water of any Indian tribe, band, 
     or community, other than the Soboba Tribe.
       (f) Environmental Compliance.--
       (1) Signing by the Secretary of the Settlement Agreement 
     does not constitute major Federal action under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (2) The Secretary is directed to carry out all 
     environmental compliance required by Federal law in 
     implementing the Agreement.

     SEC. 10. EFFECTIVE DATE.

       (a) In General.--The waivers and releases authorized in 
     subsection (a) of section 8 of this Act shall become 
     effective as of the date the Secretary causes to be published 
     in the Federal Register a statement of findings that--
       (1) this Act has been enacted;
       (2) to the extent that the Settlement Agreement conflicts 
     with this Act, the Settlement Agreement has been revised to 
     conform with the Act;
       (3) the Settlement Agreement, revised as necessary, and the 
     waivers and releases described in article 5 of the Settlement 
     Agreement and section 8(a) of this Act have been executed by 
     the parties and the Secretary;
       (4) warranty deeds for the property to be conveyed to the 
     Tribe described in section 4.6 of the Settlement Agreement 
     have been placed in escrow;
       (5) the Tribe and the Secretary have approved the Water 
     Management Plan; and
       (6) the judgment and decree attached to the Settlement 
     Agreement as exhibit H or a judgment and decree substantially 
     the same as exhibit H has been approved by the United States 
     District Court, Eastern Division of the Central District of 
     California, and that judgment and decree has become final and 
     nonappealable.
       (b) Deadline for Effective Date.--If the conditions 
     precedent required under subsection (a) of this section have 
     not been fulfilled by March 1, 2012, the Settlement Agreement 
     and this Act shall not thereafter be effective and shall be 
     null and void, and any funds and the interest accrued thereon 
     appropriated pursuant to section 5 shall revert to the 
     general fund of the United States Treasury.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Guam (Ms. Bordallo) and the gentleman from California (Mr. Issa) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from Guam.


                             General Leave

  Ms. BORDALLO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 days to revise and extend their remarks and include 
extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Guam?
  There was no objection.
  Ms. BORDALLO. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 4841, as introduced by our colleague, Congresswoman Mary Bono 
Mack, would bring resolution to the water rights claims for the Soboba 
Band of Luiseno Indians and ratify a settlement agreement between many 
municipalities and the Tribe. This bill has received bipartisan 
support, including support from the administration, so we have no 
objection to this noncontroversial bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ISSA. Mr. Speaker, I yield 5 minutes to the gentlewoman from 
California (Mrs. Bono Mack), the author of this important bill.
  Mrs. BONO MACK. I thank my dear colleague in the neighboring district 
from California for yielding me time.
  I rise today in strong support of H.R. 4841, the Soboba Band of 
Luiseno Indians Settlement Act. This legislation is the product of 
decades of litigation and negotiations relating to the water rights of 
the Soboba Tribe. The courts ruled on the legitimacy of their rights 
and were able to determine that serious damages were suffered by the 
Tribe from the diversion of their water resources. In the years 
following that decision, the Tribe, local water districts, cities and 
other stakeholders spent years at the table working out a solution that 
was in the best interests of the entire region.
  Bobby Salgado, the Chairman of the Tribe, tells the story well of how 
his tribal members saw their lives changed when their water resources 
drastically decreased. Chairman Salgado testified to the House Natural 
Resources Committee about how he and others would take gym class first 
thing in the morning during school just so that they could take showers 
that day.
  All of the partners to this agreement recognize Southern California's 
water needs are serious and are best addressed through approaches that 
are mindful of supply needs and new water use practices. This 
legislation embodies the linchpin for a comprehensive basin-wide water 
management plan in the Jacinto River Valley.
  Finally, I would like to thank Chairman Rahall, Ranking Member Young, 
Chairwoman Napolitano and Ranking Member McMorris Rodgers, along with 
their staffs, for helping quickly bring this legislation to the floor. 
I would like to also thank Chris Foster from my staff for his hard work 
on this bill.
  I urge my colleagues to join me in supporting this bipartisan 
legislation, H.R. 4841.

[[Page 9621]]


  Ms. BORDALLO. Mr. Speaker, I reserve the balance of my time.
  Mr. ISSA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this is one of countless examples of Indian sovereignty 
that has in fact been put below the sovereignty of any other landowner, 
the sovereignty of any other city, municipality or county.
  This is an important bill, but I think in passage today and tomorrow 
it is very clear that it marks a trend back toward recognizing that 
Native American tribes have had things taken from them in the past, had 
to go to court, in Federal Court win, and then find that they have to 
continue year after year in order to get these rights. Had this been a 
normal county or private landowner, I strongly suspect this would have 
been restored years earlier.
  So I commend the gentlewoman, my colleague in an adjacent district, 
for bringing this important legislation, ending once and for all an 
injustice.
  Mr. Speaker, I yield back the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I again urge all the Members to support 
this bill.
  I wish at this time to thank my colleague, the gentleman from 
California (Mr. Issa), who has managed these bills on the floor with me 
today.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 4841, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. ISSA. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________