,,ii #aacth ,,congress #ast ,session ,s4 #abai ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #be1 #bjac ,mrs4 ,boxer 7for herself and ,mrs4 ,feinstein7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to authorize the ,pechanga ,band of ,luiseo ,mission ,indians ,water ,rights ,settlement1 and for other purposes4 #a4 ,short title 7a7 ,short title ,this ,act may be cited as the ,pechanga ,band of ,luiseo ,mission ,indians ,water ,rights ,settlement ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,purposes4 ,sec4 #c4 ,definitions4 ,sec4 #d4 ,approval of the ,pechanga ,settlement ,agreement4 ,sec4 #e4 ,tribal ,water ,right4 ,sec4 #f4 ,satisfaction of claims4 ,sec4 #g4 ,waiver of claims4 ,sec4 #h4 ,water facilities4 ,sec4 #i4 ,pechanga ,settlement ,fund4 ,sec4 #aj4 ,miscellaneous provisions4 ,sec4 #aa4 ,authorization of appropriations4 ,sec4 #ab4 ,repeal on failure of enforceability date4 ,sec4 #ac4 ,antideficiency4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to achieve a fair1 equitable1 and final settlement of claims to water rights and certain claims for injuries to water rights in the ,santa ,margarita ,river ,watershed for-- 7,a7 the ,band2 and 7,b7 the ,united ,states1 acting in its capacity as trustee for the ,band and allottees2 7#b7 to achieve a fair1 equitable1 and final settlement of certain claims by the ,band and allottees against the ,united ,states2 7#c7 to authorize1 ratify1 and confirm the ,pechanga ,settlement ,agreement to be entered into by the ,band1 ,,rcwd1 ,,emwd1 and the ,united ,states2 7#d7 to authorize and direct the ,secretary-- 7,a7 to execute the ,pechanga ,settlement ,agreement2 and 7,b7 to take any other action necessary to carry out the ,pechanga ,settlement ,agreement in accordance with this ,act2 and 7#e7 to authorize the appropriation of amounts necessary for the implementation of the ,pechanga ,settlement ,agreement and this ,act4 #c4 ,definitions ,in this ,act3 7#a7 ,adjudication court ,the term ,adjudication ,court means the ,united ,states ,district ,court for the ,southern ,district of ,california1 which exercises continuing jurisdiction over the ,adjudication ,proceeding4 7#b7 ,adjudication proceeding ,the term ,adjudication ,proceeding means litigation initiated by the ,united ,states regarding relative water rights in the ,santa ,margarita ,river ,watershed in ,united ,states v4 ,fallbrook ,public ,utility ,district et al41 ,civ4 ,no4 #c3ea-;cv-#jabdg 7,s4,d4,c4,a471 including any litigation initiated to interpret or enforce the relative water rights in the ,santa ,margarita ,river ,watershed pursuant to the continuing jurisdiction of the ,adjudication ,court over the ,fallbrook ,decree4 7#c7 ,,afy ,the term ,,afy means acre-feet per year4 7#d7 ,allottee ,the term allottee means a member of a federally recognized ,indian tribe who holds a beneficial real property interest in an ,indian allotment that is-- 7,a7 located within the ,reservation2 and 7,b7 held in trust by the ,united ,states4 7#e7 ,band 7,a7 ,in general ,the term ,band means the ,pechanga ,band of ,luiseo ,mission ,indians1 a federally recognized sovereign ,indian tribe that functions as a custom and tradition ,indian tribe1 acting on behalf of itself and its members4 7,b7 ,exclusion ,the term ,band does not include an individual member of the ,band acting in the capacity of an allottee4 7#f7 ,claims ,the term claims means rights1 claims1 demands1 actions1 compensation1 or causes of action1 whether known or unknown1 as of ,june #cj1 #bjji4 7#g7 ,,emwd ,the term ,,emwd means ,eastern ,municipal ,water ,district1 a municipal water district organized and existing in accordance with the ,municipal ,water ,district ,law of #aiaa1 ,division #bj of the ,water ,code of the ,state of ,california1 as amended4 7#h7 ,,emwd connection fee ,the term ,,emwd ,connection ,fee has the meaning set forth in section #b4c7;b7 of the ,extension of ,service ,area ,agreement4 7#i7 ,enforceability date ,the term enforceability date means the date on which the ,secretary publishes in the ,federal ,register the statement of findings described in section #g7;e74 7#aj7 ,,esaa capacity agreement ,the term ,,esaa ,capacity ,agreement means the ,agreement to ,provide ,capacity for ,delivery of ,,esaa ,water among the ,band1 ,,rcwd1 and the ,united ,states4 7#aa7 ,,esaa water ,the term ,,esaa ,water means imported potable water that the ,band receives from ,,emwd and ,,mwd pursuant to the ,extension of ,service ,area ,agreement4 7#ab7 ,extension of service area agreement ,the term ,extension of ,service ,area ,agreement means the ,agreement for ,extension of ,existing ,service ,area1 among the ,band1 ,,emwd1 the ,united ,states1 and ,,mwd1 for the provision of water service by ,,emwd to a designated portion of the ,reservation using water supplied by ,,mwd4 7#ac7 ,fallbrook decree 7,a7 ,in general ,the term ,fallbrook ,decree means the ,modified ,final ,judgment ,and ,decree1 entered in the ,adjudication ,proceeding on ,april #f1 #aiff4 7,b7 ,inclusions ,the term ,fallbrook ,decree includes all court orders1 interlocutory judgments1 and decisions supplemental to the ,modified ,final ,judgment ,and ,decree1 including ,interlocutory ,judgment ,no4 #cj1 ,interlocutory ,judgment ,no4 #ce1 and ,interlocutory ,judgment ,no4 #da4 7#ad7 ,fund ,the term ,fund means the ,pechanga ,settlement ,fund established by section #i4 7#ae7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#af7 ,injury to water rights ,the term injury to water rights means an interference with1 diminution of1 or deprivation of water rights under ,federal or ,state law4 7#ag7 ,interim capacity ,the term ,interim ,capacity has the meaning set forth in section #a of the ,,esaa ,capacity ,agreement4 7#ah7 ,interim capacity notice ,the term ,interim ,capacity ,notice has the meaning set forth in section #d7;b7 of the ,,esaa ,capacity ,agreement4 7#ai7 ,,mwd ,the term ,,mwd means the ,metropolitan ,water ,district of ,southern ,california1 a metropolitan water district organized and incorporated under the ,metropolitan ,water ,district ,act of the ,state of ,california 7,stats4 #aifi1 ,chapter #bji1 as amended74 7#bj7 ,,mwd connection fee ,the term ,,mwd ,connection ,fee has the meaning set forth in section #b4c7;a7 of the ,extension of ,service ,area ,agreement4 7#ba7 ,pechanga ,,esaa delivery capacity account ,the term ,pechanga ,,esaa ,delivery ,capacity account means the account established by section #i7;c77#b74 7#bb7 ,pechanga recycled water infrastructure account ,the term ,pechanga ,recycled ,water ,infrastructure account means the account established by section #i7;c77#a74 7#bc7 ,pechanga settlement agreement ,the term ,pechanga ,settlement ,agreement means the ,pechanga ,settlement ,agreement1 together with the exhibits to that agreement1 entered into by the ,band1 the ,united ,states on behalf of the ,band1 its members and allottees1 ,,rcwd1 and ,,emwd4 7#bd7 ,pechanga water code ,the term ,pechanga ,water ,code means a water code to be adopted by the ,band in accordance with section #e7;f74 7#be7 ,pechanga water fund account ,the term ,pechanga ,water ,fund account means the account established by section #i7;c77#c74 7#bf7 ,pechanga ,water quality account ,the term ,pechanga ,water ,quality account means the account established by section #i7;c77#d74 7#bg7 ,permanent capacity ,the term ,permanent ,capacity has the meaning set forth in section #a of the ,,esaa ,capacity ,agreement4 7#bh7 ,permanent capacity notice ,the term ,permanent ,capacity ,notice has the meaning set forth in section #e7;b7 of the ,,esaa ,capacity ,agreement4 7#bi7 ,,rcwd 7,a7 ,in general ,the term ,,rcwd means the ,rancho ,california ,water ,district organized pursuant to section #cdjjj et seq4 of the ,california ,water ,code4 7,b7 ,inclusions ,the term ,,rcwd includes all real property owners for whom ,,rcwd acts as an agent pursuant to an agency agreement4 7#cj7 ,recycled water infrastructure agreement ,the term ,recycled ,water ,infrastructure ,agreement means the ,agreement for ,recycled ,water ,infrastructure among the ,band1 ,,rcwd1 and the ,united ,states4 7#ca7 ,recycled water transfer agreement ,the term ,recycled ,water ,transfer ,agreement means the ,recycled ,water ,transfer ,agreement between the ,band and ,,rcwd4 7#cb7 ,reservation 7,a7 ,in general ,the term ,reservation means the land depicted on the map attached to the ,pechanga ,settlement ,agreement as exhibit ,i4 7,b7 ,applicability of term ,the term ,reservation shall be used solely for the purposes of the ,pechanga ,settlement ,agreement4 7#cc7 ,santa margarita river watershed ,the term ,santa ,margarita ,river ,watershed means the watershed that is the subject of the ,adjudication ,proceeding and the ,fallbrook ,decree4 7#cd7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#ce7 ,state ,the term ,state means the ,state of ,california4 7#cf7 ,storage pond ,the term ,storage ,pond has the meaning set forth in section #a of the ,recycled ,water ,infrastructure ,agreement4 7#cg7 ,tribal water right ,the term ,tribal ,water ,right means the water rights ratified1 confirmed1 and declared to be valid for the benefit of the ,band and allottees of the ,band1 as set forth and described in section #e4 #d4 ,approval of the ,pechanga ,settlement ,agreement 7a7 ,ratification of ,pechanga ,settlement ,agreement 7#a7 ,in general ,except as modified by this ,act1 and to the extent that the ,pechanga ,settlement ,agreement does not conflict with this ,act1 the ,pechanga ,settlement ,agreement is authorized1 ratified1 and confirmed4 7#b7 ,amendments to ,compact ,any amendment to the ,pechanga ,settlement ,agreement is authorized1 ratified1 and confirmed1 to the extent that the amendment is executed to make the ,pechanga ,settlement ,agreement consistent with this ,act4 7b7 ,execution of pechanga settlement agreement 7#a7 ,in general ,to the extent that the ,pechanga ,settlement ,agreement does not conflict with this ,act1 the ,secretary is directed to and shall promptly execute-- 7,a7 the ,pechanga ,settlement ,agreement 7including any exhibits to or part of the ,pechanga ,settlement ,agreement requiring the signature of the ,secretary72 and 7,b7 any amendment to the ,pechanga ,settlement ,agreement necessary to make the ,pechanga ,settlement ,agreement consistent with this ,act4 7#b7 ,modifications ,nothing in this ,act precludes the ,secretary from approving modifications to exhibits to the ,pechanga ,settlement ,agreement not inconsistent with this ,act1 to the extent those modifications do not otherwise require congressional approval pursuant to section #baaf of the ,revised ,statutes 7#be ,u4,s4,c4 #agg7 or other applicable ,federal law4 7c7 ,environmental compliance 7#a7 ,in general ,in implementing the ,pechanga ,settlement ,agreement1 the ,secretary shall promptly comply with all applicable requirements of-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,b7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,c7 all other applicable ,federal environmental laws2 and 7,d7 all regulations promulgated under the laws described in subparagraphs 7,a7 through 7,c74 7#b7 ,execution of the pechanga settlement agreement 7,a7 ,in general ,execution of the ,pechanga ,settlement ,agreement by the ,secretary under this section shall not constitute a major ,federal action under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,b7 ,compliance ,the ,secretary is directed to carry out all ,federal compliance necessary to implement the ,pechanga ,settlement ,agreement4 7#c7 ,lead agency ,the ,bureau of ,reclamation shall be designated as the lead agency with respect to environmental compliance4 #e4 ,tribal ,water ,right 7a7 ,intent of congress ,it is the intent of ,congress to provide to each allottee benefits that are equal to or exceed the benefits allottees possess as of the date of enactment of this ,act1 taking into consideration-- 7#a7 the potential risks1 cost1 and time delay associated with litigation that would be resolved by the ,pechanga ,settlement ,agreement and this ,act2 7#b7 the availability of funding under this ,act2 7#c7 the availability of water from the ,tribal ,water ,right and other water sources as set forth in the ,pechanga ,settlement ,agreement2 and 7#d7 the applicability of section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha71 and this ,act to protect the interests of allottees4 7b7 ,confirmation of tribal water right 7#a7 ,in general ,the ,tribal ,water ,right is ratified1 confirmed1 and declared to be valid4 7#b7 ,characteristics of tribal water right 7,a7 ,in general ,the ,tribal ,water ,right shall be equal to #d1iid ,,afy of water that is subject to the jurisdiction of the ,adjudication ,court4 7,b7 ,priority dates ,the priority date for-- 7i7 #c1jai ,,afy of the ,tribal ,water ,right shall be ,june #bg1 #ahhb2 7ii7 #ahb ,,afy of the ,tribal ,water ,right shall be ,august #bi1 #ahic2 7iii7 #gbi ,,afy of the ,tribal ,water ,right shall be ,january #i1 #aijg2 7iv7 #efc ,,afy of the ,tribal ,water ,right shall be ,march #aa1 #aijg2 and 7v7 #eja ,,afy of the ,tribal ,water ,right shall be ,may #be1 #aica4 7#c7 ,use ,subject to the terms of the ,pechanga ,settlement ,agreement1 this ,act1 the ,fallbrook ,decree1 and applicable ,federal law1 the ,band may use the ,tribal ,water ,right for any purpose on the ,reservation4 7c7 ,holding in trust ,the ,tribal ,water ,right-- 7#a7 shall be held in trust by the ,united ,states on behalf of the ,band and the allottees in accordance with this section2 and 7#b7 shall not be subject to forfeiture or abandonment4 7d7 ,allottees 7#a7 ,applicability of act of ,february #h1 #ahhg ,the provisions of section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha71 relating to the use of water for irrigation purposes shall apply to the ,tribal ,water ,right4 7#b7 ,entitlement to water ,any entitlement to water of an allottee who has allotted land that is located within the exterior boundaries of the ,reservation under ,federal law shall be satisfied from the ,tribal ,water ,right4 7#c7 ,allocations ,allotted land of an allottee that is located within the exterior boundaries of the ,reservation shall be entitled to a just and equitable allocation of water for irrigation purposes from the water resources described in the ,pechanga ,settlement ,agreement4 7#d7 ,exhaustion of remedies ,before asserting any claim against the ,united ,states under section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha71 or any other applicable law1 an allottee shall exhaust remedies available under the ,pechanga ,water ,code or other applicable tribal law4 7#e7 ,claims ,following exhaustion of remedies available under the ,pechanga ,water ,code or other applicable tribal law1 an allottee may seek relief under section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha71 or other applicable law4 7#f7 ,authority ,the ,secretary shall have the authority to protect the rights of allottees as specified in this section4 7e7 ,authority of band 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,band shall have authority to use1 allocate1 distribute1 and lease the ,tribal ,water ,right in accordance with-- 7,a7 the ,pechanga ,settlement ,agreement2 and 7,b7 applicable ,federal law4 7#b7 ,leases by allottees ,an allottee may lease any interest in land held by the allottee1 together with any water right determined to be appurtenant to that interest in land4 7f7 ,pechanga water code 7#a7 ,in general ,not later than #ah months after the enforceability date1 the ,band shall enact a ,pechanga ,water ,code1 that provides for-- 7,a7 the management1 regulation1 and governance of all uses of the ,tribal ,water ,right in accordance with the ,pechanga ,settlement ,agreement2 and 7,b7 establishment by the ,band of conditions1 permit requirements1 and other limitations relating to the storage1 recovery1 and use of the ,tribal ,water ,right in accordance with the ,pechanga ,settlement ,agreement4 7#b7 ,inclusions ,the ,pechanga ,water ,code shall provide-- 7,a7 that allocations of water to allottees shall be satisfied with water from the ,tribal ,water ,right2 7,b7 that charges for delivery of water for irrigation purposes for allottees shall be assessed in accordance with section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha72 7,c7 a process by which an allottee or water user on allotted land may request that the ,band provide water for irrigation use in accordance with this ,act2 7,d7 a due process system for the consideration and determination by the ,band of any request by an allottee1 water user on allotted land1 or any successor in interest to an allottee1 for an allocation of such water for irrigation purposes on allotted land1 including a process for-- 7i7 appeal and adjudication of any denied or disputed distribution of water2 and 7ii7 resolution of any contested administrative decision2 and 7,e7 a requirement that any allottee or water user on allotted land with a claim relating to the enforcement of rights of the allottee or water user under the ,pechanga ,water ,code or relating to the amount of water allocated to land of the allottee shall first exhaust remedies available to the allottee under tribal law and the ,pechanga ,water ,code before initiating an action against the ,united ,states or petitioning the ,secretary pursuant to subsection 7d77#d74 7#c7 ,action by secretary 7,a7 ,in general ,the ,secretary shall administer the ,tribal ,water ,right until the ,pechanga ,water ,code is enacted and approved in accordance with this section4 7,b7 ,approval ,any provision of the ,pechanga ,water ,code and any amendment to the ,pechanga ,water ,code that affects the rights of allottees shall-- 7i7 be subject to the approval of the ,secretary2 and 7ii7 not be valid until the date on which the amendment is approved by the ,secretary4 7,c7 ,approval period ,the ,secretary shall approve or disapprove the ,pechanga ,water ,code within a reasonable period of time after the date on which the ,band submits the ,pechanga ,water ,code to the ,secretary for approval4 7g7 ,effect ,except as otherwise specifically provided in this section1 nothing in this ,act-- 7#a7 authorizes any action by an allottee or water user on allotted land against any individual or entity1 or against the ,band1 under ,federal1 ,state1 tribal1 or local law2 or 7#b7 alters or affects the status of any action pursuant to section #adia7;a7 of title #bh1 ,united ,states ,code4 #f4 ,satisfaction of claims 7a7 ,in general ,the benefits provided to the ,band and the allottees under the ,pechanga ,settlement ,agreement and this ,act shall satisfy all claims of the ,band and the allottees waived pursuant to section #g4 7b7 ,no recognition of water rights ,except as provided in section #e7;d71 nothing in this ,act recognizes or establishes any right of a member of the ,band or an allottee to water within the ,reservation4 7c7 ,claims relating to development of water for reservation 7#a7 ,in general ,the amounts authorized to be appropriated under section #aa shall be used to satisfy any claim of the allottees against the ,united ,states with respect to the development or protection of water resources for the ,reservation4 7#b7 ,satisfaction of claims ,on the complete appropriation of amounts authorized to be appropriated under section #aa1 any claim of the allottees against the ,united ,states with respect to the development or protection of water resources for the ,reservation shall be deemed to have been satisfied4 #g4 ,waiver of claims 7a7 ,in general 7#a7 ,waiver of claims by the band and the ,united ,states 7,a7 ,in general ,subject to the retention of rights set forth in subsection 7c71 notwithstanding any provisions to the contrary in the ,pechanga ,settlement ,agreement1 the ,band1 and the ,united ,states on behalf of the ,band and allottees1 are authorized to execute waivers for any and all claims for water rights in the ,santa ,margarita ,river ,watershed-- 7i7 for land located within the ,reservation in the ,santa ,margarita ,river ,watershed arising from time immemorial and1 thereafter1 forever2 and 7ii7 that are based on aboriginal occupancy for land overlying the ,santa ,margarita ,river ,watershed arising from time immemorial and1 thereafter1 forever4 7,b7 ,claims against ,,rcwd and ,,emwd ,subject to the retention of rights set forth in subsection 7c71 notwithstanding any provisions to the contrary in the ,pechanga ,settlement ,agreement1 the ,band and the ,united ,states on behalf of the ,band and allottees fully release1 acquit1 and discharge ,,rcwd and ,,emwd from-- 7i7 claims for injuries to water rights in the ,santa ,margarita ,river ,watershed for land located within the ,reservation in that watershed arising or occurring at any time up to and including ,june #cj1 #bjji2 7ii7 claims for injuries to water rights in the ,santa ,margarita ,river ,watershed for land located within the ,reservation in that watershed arising or occurring at any time after ,june #cj1 #bjji1 resulting from the diversion or use of water in a manner not in violation of the ,pechanga ,settlement ,agreement or this ,act2 7iii7 claims for subsidence damage to land located within the ,reservation arising or occurring at any time up to and including ,june #cj1 #bjji2 7iv7 claims for subsidence damage arising or occurring after ,june #cj1 #bjji1 to land located within the ,reservation resulting from the diversion of underground water in a manner consistent with the ,pechanga ,settlement ,agreement or this ,act2 and 7v7 claims arising out of1 or relating in any manner to1 the negotiation or execution of the ,pechanga ,settlement ,agreement or the negotiation or execution of this ,act4 7#b7 ,claims by the ,united states against the band ,subject to the retention of rights set forth in subsection 7c71 to the extent consistent with this ,act1 the ,united ,states1 in all its capacities 7except as trustee for an ,indian tribe other than the ,band71 as part of the performance of obligations under the ,pechanga ,settlement ,agreement1 is authorized to execute a waiver and release of any and all claims against the ,band1 including any agency1 official1 or employee of the ,band1 under ,federal1 ,state1 or any other law for-- 7,a7 claims for injuries to water rights in the ,santa ,margarita ,river ,watershed for land located within the ,reservation in that watershed arising or occurring at any time up to and including ,june #cj1 #bjji2 7,b7 claims for injuries to water rights in the ,santa ,margarita ,river ,watershed for land located within the ,reservation in that watershed arising or occurring at any time after ,june #cj1 #bjji1 resulting from the diversion or use of water in a manner not in violation the ,pechanga ,settlement ,agreement or this ,act2 7,c7 claims for subsidence damage to land located within the ,reservation arising or occurring at any time up to and including ,june #cj1 #bjji2 7,d7 claims for subsidence damage arising or occurring after ,june #cj1 #bjji1 to land located within the ,reservation resulting from the diversion of underground water in a manner not in violation of the ,pechanga ,settlement ,agreement or this ,act2 and 7,e7 claims arising out of1 or relating in any manner to1 the negotiation or execution of the ,pechanga ,settlement ,agreement or the negotiation or execution of this ,act4 7#c7 ,claims by the band against the ,united ,states ,subject to the retention of rights set forth in subsection 7c71 the ,band1 on behalf of itself and its members1 is authorized to execute a waiver and release of-- 7,a7 all claims against the ,united ,states1 including the agencies and employees of the ,united ,states1 relating to claims for water rights in1 or water of1 the ,santa ,margarita ,river ,watershed that the ,united ,states1 acting in its capacity as trustee for the ,band1 asserted1 or could have asserted1 in any proceeding1 including the ,adjudication ,proceeding2 7,b7 all claims against the ,united ,states1 including the agencies and employees of the ,united ,states1 relating to damages1 losses1 or injuries to water1 water rights1 land1 or natural resources due to loss of water or water rights 7including damages1 losses or injuries to hunting1 fishing1 gathering1 or cultural rights due to loss of water or water rights1 claims relating to interference with1 diversion1 or taking of water or water rights1 or claims relating to failure to protect1 acquire1 replace1 or develop water1 water rights1 or water infrastructure7 in the ,santa ,margarita ,river ,watershed that first accrued at any time up to and including ,june #cj1 #bjji2 7,c7 all claims against the ,united ,states1 including the agencies and employees of the ,united ,states1 relating to the pending litigation of claims relating to the water rights of the ,band in the ,adjudication ,proceeding2 and 7,d7 all claims against the ,united ,states1 including the agencies and employees of the ,united ,states1 relating to the negotiation or execution of the ,pechanga ,settlement ,agreement or the negotiation or execution of this ,act4 7b7 ,effectiveness of waivers and releases ,the waivers under subsection 7a7 shall take effect on the enforceability date4 7c7 ,reservation of rights and retention of claims ,notwithstanding the waivers and releases authorized in this ,act1 the ,band and the ,united ,states1 acting in its capacity as trustee for the ,band and allottees1 retain-- 7#a7 claims for enforcement of the ,pechanga ,settlement ,agreement and this ,act2 7#b7 claims against persons other than ,,rcwd and ,,emwd2 7#c7 claims for water rights that are outside the jurisdiction of the ,adjudication ,court2 7#d7 claims for water rights for land within the ,santa ,margarita ,river ,watershed that is outside the ,reservation1 subject to the condition that such claims are for water rights consistent with the water rights recognized for such land in the ,fallbrook ,decree2 7#e7 rights to use and protect water rights acquired on or after the enforceability date2 and 7#f7 remedies1 privileges1 immunities1 powers and claims1 including claims for water rights1 not specifically waived and released pursuant to this ,act and the ,pechanga ,settlement ,agreement4 7d7 ,effect of pechanga settlement agreement and act ,nothing in the ,pechanga ,settlement ,agreement or this ,act-- 7#a7 affects the ability of the ,united ,states or the ,band1 acting as sovereign1 to take actions authorized by law1 including any laws relating to health1 safety1 or the environment1 including-- 7,a7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 7,b7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7,c7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 and 7,d7 any regulations implementing the ,acts described in subparagraphs 7,a7 through 7,c72 7#b7 affects the ability of the ,united ,states to take actions acting as trustee for any other ,indian tribe or an allottee of any other ,indian tribe2 7#c7 confers jurisdiction on any ,state court-- 7,a7 to interpret ,federal law regarding health1 safety1 or the environment2 7,b7 to determine the duties of the ,united ,states or other parties pursuant to ,federal law regarding health1 safety1 or the environment2 or 7,c7 to conduct judicial review of ,federal agency action2 or 7#d7 waives any claim of a member of the ,band in an individual capacity that does not derive from a right of the ,band4 7e7 ,enforceability date ,the enforceability date shall be the date on which the ,secretary publishes in the ,federal ,register a statement of findings that-- 7#a7 the ,pechanga ,settlement ,agreement has been approved by the ,adjudication ,court2 7#b7 all amounts authorized by this ,act have been deposited in the ,fund2 7#c7 the waivers and releases authorized in subsection 7a7 have been executed by the ,band and the ,secretary2 and 7#d7 the ,extension of ,service ,area ,agreement-- 7,a7 has been approved and executed by all the parties to the ,extension of ,service ,area ,agreement2 and 7,b7 is effective and enforceable in accordance with the terms of that ,agreement4 7f7 ,tolling of claims 7#a7 ,in general ,each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this ,act and ending on the earlier of-- 7,a7 ,april #cj1 #bjcj2 7,b7 such alternate date as is agreed to by the ,band and the ,secretary2 and 7,c7 the enforceability date4 7#b7 ,effects of subsection ,nothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this ,act4 7#c7 ,limitation ,nothing in this section precludes the tolling of any period of limitations or any time-based equitable defense under any other applicable law4 7g7 ,restriction ,if the full amount of appropriations authorized by this ,act has not been made available to the ,secretary by ,april #cj1 #bjcj-- 7#a7 the waivers authorized by this section shall expire and no longer have any force or effect2 and 7#b7 the statute of limitations for a claim waived under this section shall be tolled until ,april #cj1 #bjcj4 7h7 ,voiding of waivers ,if the waivers authorized by this section are void under subsection 7g7-- 7#a7 the approval of the ,united ,states of the ,pechanga ,settlement ,agreement under section #d shall no longer be effective2 7#b7 any unexpended ,federal funds appropriated or made available to carry out the activities authorized by this ,act1 together with any interest earned on those funds1 and any water right or contract to use water and title to other property acquired or constructed with ,federal funds appropriated or made available to carry out the activities authorized in this ,act shall be returned to the ,federal ,government1 unless otherwise agreed to by the ,band and the ,united ,states and approved by ,congress2 and 7#c7 except for ,federal funds used to acquire or develop property that is returned to the ,federal ,government under paragraph 7#b71 the ,united ,states shall be entitled to set off any ,federal funds appropriated or made available to carry out the activities authorized by this ,act that were expended or withdrawn1 together with any interest accrued1 against any claims against the ,united ,states relating to water rights asserted by the ,band or in any future settlement of the water rights of the ,band4 #h4 ,water facilities 7a7 ,in general ,the ,secretary shall1 subject to the availability of appropriations1 using amounts from the designated accounts of the ,fund1 provide the amounts necessary to fulfill the obligations of the ,band under the ,recycled ,water ,infrastructure ,agreement and the ,,esaa ,capacity ,agreement1 in an amount not to exceed the amounts deposited in the designated accounts for those purposes1 in accordance with this ,act and the terms and conditions of those agreements4 7b7 ,nonreimbursability of costs ,all costs incurred by the ,secretary in carrying out this section shall be nonreimbursable4 7c7 ,recycled water infrastructure 7#a7 ,in general ,the ,secretary shall1 using amounts from the ,pechanga ,recycled ,water ,infrastructure account1 provide amounts for the ,storage ,pond in accordance with this section4 7#b7 ,storage pond 7,a7 ,in general ,the ,secretary shall1 subject to the availability of appropriations1 provide the amounts necessary to fulfill the obligations of the ,band under the ,recycled ,water ,infrastructure ,agreement for the design and construction of the ,storage ,pond1 in an amount not to exceed #b1ejj1jjj1 adjusted for changes since ,june #cj1 #bjji1 in construction costs as indicated by engineering cost indices applicable to types of construction required to design and construct the ,storage ,pond4 7,b7 ,procedure ,the procedure for the ,secretary to provide amounts pursuant to this section shall be as set forth in the ,recycled ,water ,infrastructure ,agreement4 7,c7 ,lead agency ,the ,bureau of ,reclamation shall be the lead agency for purposes of the implementation of this section4 7,d7 ,liability ,the ,united ,states shall have no responsibility or liability for the ,storage ,pond to be designed and constructed by ,,rcwd4 7,e7 ,reversion ,if ,,rcwd does not submit the ,storage ,pond notice to the ,band by the date that is #c years after the enforceability date1 the amounts remaining in the ,pechanga ,recycled ,water ,infrastructure account for purposes of the design and construction of the ,storage ,pond1 including any interest that has accrued on those amounts1 shall revert to the general fund of the ,treasury4 7d7 ,,esaa delivery capacity 7#a7 ,in general ,the ,secretary shall1 using amounts from the ,pechanga ,,esaa ,delivery ,capacity account1 provide amounts for ,interim ,capacity and ,permanent ,capacity in accordance with this section4 7#b7 ,interim capacity 7,a7 ,in general ,the ,secretary shall1 subject to the availability of appropriations1 using amounts from the ,,esaa ,delivery ,capacity account1 provide amounts necessary to fulfill the obligations of the ,band under the ,,esaa ,capacity ,agreement for the provision by ,,rcwd of ,interim ,capacity to the ,band in an amount not to exceed #a1jjj1jjj4 7,b7 ,procedure ,the procedure for the ,secretary to provide amounts pursuant to this section shall be as set forth in the ,,esaa ,capacity ,agreement4 7,c7 ,lead agency ,the ,bureau of ,reclamation shall be the lead agency for purposes of the implementation of this section4 7,d7 ,liability ,the ,united ,states shall have no responsibility or liability for the ,interim ,capacity to be provided by ,,rcwd4 7,e7 ,transfer to ,band ,if ,,rcwd does not provide the ,interim ,capacity ,notice required pursuant to the ,,esaa ,capacity ,agreement by the date that is #fj days after the date required under the ,,esaa ,capacity ,agreement1 the amounts in the ,pechanga ,,esaa ,delivery ,capacity account for purposes of the provision of ,interim ,capacity and ,permanent ,capacity1 including any interest that has accrued on those amounts1 shall be available for use by the ,band to provide alternative interim capacity in a manner that is similar to the ,interim ,capacity and ,permanent ,capacity that the ,band would have received had ,,rcwd provided such ,interim ,capacity and ,permanent ,capacity4 7#c7 ,permanent capacity 7,a7 ,in general ,on receipt of the ,permanent ,capacity ,notice pursuant to section #e7;b7 of the ,,esaa ,capacity ,agreement1 the ,secretary1 acting through the ,bureau of ,reclamation1 shall enter into negotiations with ,,rcwd and the ,band to establish an agreement that will allow for the disbursement of amounts from the ,pechanga ,,esaa ,delivery ,capacity account in accordance with subparagraph 7,b74 7,b7 ,schedule of disbursement 7i7 ,in general ,subject to clause 7ii71 on execution of the ,,esaa ,capacity ,agreement1 the ,secretary shall1 subject to the availability of appropriations and using amounts from the ,,esaa ,delivery ,capacity account1 provide amounts necessary to fulfill the obligations of the ,band under the ,,esaa ,capacity ,agreement for the provision by ,,rcwd of ,permanent ,capacity to the ,band in an amount not to exceed #bb1jjj1jjj4 7ii7 ,adjustment ,the amount under clause 7i7 shall be adjusted for changes in construction costs since ,june #cj1 #bjji1 as indicated by engineering cost indices applicable to types of construction required to design and construct the ,permanent ,capacity4 7,c7 ,procedure ,the procedure for the ,secretary to provide funds pursuant to this section shall be as set forth in the ,,esaa ,capacity ,agreement4 7,d7 ,lead agency ,the ,bureau of ,reclamation shall be the lead agency for purposes of the implementation of this section4 7,e7 ,liability ,the ,united ,states shall have no responsibility or liability for the ,permanent ,capacity to be provided by ,,rcwd4 7,f7 ,transfer to ,band ,if ,,rcwd does not provide the ,permanent ,capacity ,notice required pursuant to the ,,esaa ,capacity ,agreement by the date that is #e years after the enforceability date1 the amounts in the ,pechanga ,,esaa ,delivery ,capacity account for purposes of the provision of ,permanent ,capacity1 including any interest that has accrued on those amounts1 shall be available for use by the ,band to provide alternative permanent capacity in a manner that is similar to the ,permanent ,capacity that the ,band would have received had ,,rcwd provided such ,permanent ,capacity4 #i4 ,pechanga ,settlement ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,pechanga ,settlement ,fund1 to be administered by the ,secretary for the purpose of carrying out this ,act4 7b7 ,transfers to ,fund ,the ,fund shall consist of such amounts as are deposited in the ,fund under section #aa7;a74 7c7 ,accounts of pechanga settlement fund ,the ,secretary shall establish in the ,fund the following accounts3 7#a7 ,pechanga ,recycled ,water ,infrastructure account1 consisting of amounts authorized to be appropriated under section #aa7;a77#a74 7#b7 ,pechanga ,,esaa ,delivery ,capacity account1 consisting of amounts authorized to be appropriated under section #aa7;a77#b74 7#c7 ,pechanga ,water ,fund account1 consisting of amounts authorized to be appropriated under section #aa7;a77#c74 7#d7 ,pechanga ,water ,quality account1 consisting of amounts authorized to be appropriated under section #aa7;a77#d74 7d7 ,deposits to fund 7#a7 ,in general ,the ,secretary of the ,treasury shall promptly deposit in the ,fund any amounts appropriated to the ,fund4 7#b7 ,deposits to accounts ,the ,secretary of the ,treasury shall deposit amounts in the accounts of the ,fund established under subsection 7c74 7e7 ,management 7#a7 ,in general ,the ,secretary shall manage the ,fund1 make investments from the ,fund1 and make amounts available from the ,fund for distribution to the ,band consistent with the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq474 7#b7 ,investment of pechanga settlement fund ,the ,secretary shall invest amounts in the ,fund in accordance with-- 7,a7 the ,act of ,april #a1 #ahhj 7#be ,u4,s4,c4 #afa72 7,b7 the first section of the ,act of ,june #bd1 #aich 7#be ,u4,s4,c4 #afb;a72 and 7,c7 the obligations of ,federal corporations and ,federal ,government-sponsored entities1 the charter documents of which provide that the obligations of the entities are lawful investments for federally managed funds1 including-- 7i7 the obligations of the ,united ,states ,postal ,service described in section #bjje of title #ci1 ,united ,states ,code2 7ii7 bonds and other obligations of the ,tennessee ,valley ,authority described in section #ae;d of the ,tennessee ,valley ,authority ,act of #aicc 7#af ,u4,s4,c4 #hcan-#d72 7iii7 mortgages1 obligations1 and other securities of the ,federal ,home ,loan ,mortgage ,corporation described in section #cjc of the ,federal ,home ,loan ,mortgage ,corporation ,act 7#ab ,u4,s4,c4 #adeb72 and 7iv7 bonds1 notes1 and debentures of the ,commodity ,credit ,corporation described in section #d of the ,act of ,march #h1 #aich 7#ae ,u4,s4,c4 #gac;a-#d74 7#c7 ,distributions from pechanga settlement fund 7,a7 ,in general ,amounts from the ,fund shall be used in accordance with subparagraphs 7,b7 through 7,e74 7,b7 ,pechanga recycled water infrastructure account ,the ,pechanga ,recycled ,water ,infrastructure account shall be used for expenditures by the ,band in accordance with section #h7;c74 7,c7 ,pechanga esaa delivery capacity account ,the ,pechanga ,,esaa ,delivery ,capacity account shall be used for expenditures by the ,band in accordance with section #h7;d74 7,d7 ,pechanga water fund account ,the ,pechanga ,water ,fund account shall be used for-- 7i7 payment of the ,,emwd ,connection ,fee2 7ii7 payment of the ,,mwd ,connection ,fee2 and 7iii7 any expenses1 charges1 or fees incurred by the ,band in connection with the delivery or use of water pursuant to the ,pechanga ,settlement ,agreement4 7,e7 ,pechanga water quality account ,the ,pechanga ,water ,quality account shall be used by the ,band to fund groundwater desalination activities within the ,wolf ,valley ,basin4 7#d7 ,withdrawals by band 7,a7 ,in general ,the ,band may withdraw any portion of amounts in the ,fund on approval by the ,secretary of a tribal management plan in accordance with the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq474 7,b7 ,requirements 7i7 ,in general ,in addition to the requirements under the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq471 the tribal management plan of the ,band under subparagraph 7,a7 shall require that the ,band spend any amounts withdrawn from the ,fund in accordance with this ,act4 7ii7 ,enforcement ,the ,secretary may carry out such judicial or administrative actions as the ,secretary determines to be necessary to enforce a tribal management plan to ensure that amounts withdrawn by the ,band from the ,fund under this paragraph are used in accordance with this ,act4 7,c7 ,liability ,the ,secretary and the ,secretary of the ,treasury shall not be liable for the expenditure or investment of amounts withdrawn from the ,fund by the ,band under this paragraph4 7,d7 ,expenditure plan 7i7 ,in general ,for each fiscal year1 the ,band shall submit to the ,secretary for approval an expenditure plan for any portion of the amounts described in subparagraph 7,a7 that the ,band elects not to withdraw under this paragraph during the fiscal year4 7ii7 ,inclusion ,an expenditure plan under clause 7i7 shall include a description of the manner in which1 and the purposes for which1 funds of the ,band remaining in the ,fund will be used during subsequent fiscal years4 7iii7 ,approval ,on receipt of an expenditure plan under clause 7i71 the ,secretary shall approve the plan if the ,secretary determines that the plan is-- 7,i7 reasonable2 and 7,,ii7 consistent with this ,act4 7#e7 ,annual reports ,the ,band shall submit to the ,secretary annual reports describing each expenditure by the ,band of amounts in the ,fund during the preceding calendar year4 7#f7 ,certain per capita distributions prohibited ,no amounts in the ,fund shall be distributed to any member of the ,band on a per capita basis4 7f7 ,availability ,amounts in the ,fund shall be available for use by the ,secretary and withdrawal by the ,band beginning on the enforceability date4 #aj4 ,miscellaneous provisions 7a7 ,waiver of sovereign immunity by the united states ,except as provided in subsections 7a7 through 7c7 of section #bjh of the ,department of ,justice ,appropriation ,act1 #aiec 7#dc ,u4,s4,c4 #fff71 nothing in this ,act waives the sovereign immunity of the ,united ,states4 7b7 ,other tribes not adversely affected ,nothing in this ,act quantifies or diminishes any land or water right1 or any claim or entitlement to land or water1 of an ,indian tribe1 band1 or community other than the ,band4 7c7 ,limitation on claims for reimbursement ,with respect to ,indian land within the ,reservation-- 7#a7 the ,united ,states shall not submit against any ,indian-owned land located within the ,reservation any claim for reimbursement of the cost to the ,united ,states of carrying out this ,act and the ,pechanga ,settlement ,agreement2 and 7#b7 no assessment of any ,indian-owned land located within the ,reservation shall be made regarding that cost4 7d7 ,effect on current law ,nothing in this section affects any provision of law 7including regulations7 in effect on the day before the date of enactment of this ,act with respect to preenforcement review of any ,federal environmental enforcement action4 #aa4 ,authorization of appropriations 7a7 ,authorization of appropriations 7#a7 ,pechanga recycled water infrastructure account ,there is authorized to be appropriated #b1ejj1jjj1 for deposit in the ,pechanga ,recycled ,water ,infrastructure account1 adjusted for changes in construction costs since ,june #cj1 #bjji1 in engineering cost indices applicable to types of construction required to design and construct the ,storage ,pond1 to carry out the activities described in section #h7;c74 7#b7 ,pechanga esaa delivery capacity account ,there is authorized to be appropriated #bc1jjj1jjj1 for deposit in the ,pechanga ,,esaa ,delivery ,capacity account1 adjusted for changes in construction costs since ,june #cj1 #bjji1 in engineering cost indices applicable to types of construction required to provide the ,interim ,capacity and the ,permanent ,capacity1 to carry out the activities described in paragraphs 7#b7 and 7#c7 of section #h7;d74 7#c7 ,pechanga water fund account ,there is authorized to be appropriated #ab1bcb1jjj for deposit in the ,pechanga ,water ,fund account1 adjusted to reflect changes in appropriate cost indices during the period beginning on the date of enactment and ending on the date of appropriation1 for the purposes set forth in section #i7;e77#c77;,d74 7#d7 ,pechanga water quality account ,there is authorized to be appropriated #b1dfj1jjj for deposit in the ,pechanga ,water ,quality account1 adjusted to reflect changes in appropriate cost indices during the period beginning on the date of enactment and ending on the date of appropriation1 for the purposes set forth in section #i7;e77#c77;,e74 #ab4 ,repeal on failure of enforceability date ,if the ,secretary does not publish a statement of findings under section #g7;e7 by ,april #cj1 #bjcj1 or such alternative later date as is agreed to by the ,band and the ,secretary1 as applicable-- 7#a7 this ,act is repealed effective on the later of ,may #a1 #bjcj1 or the day after the alternative date agreed to by the ,band and the ,secretary2 7#b7 any action taken by the ,secretary and any contract or agreement pursuant to the authority provided under any provision of this ,act shall be void2 7#c7 any amounts appropriated under section #aa1 together with any interest on those amounts1 shall immediately revert to the general fund of the ,treasury2 and 7#d7 any amounts made available under section #aa that remain unexpended shall immediately revert to the general fund of the ,treasury4 #ac4 ,antideficiency ,the ,united ,states shall not be liable for any failure to carry out any obligation or activity authorized to be carried out by this ,act 7including any obligation or activity under the ,pechanga ,settlement ,agreement7 if adequate appropriations are not provided expressly by ,congress to carry out the purposes of this ,act or there are not enough monies available to carry out the purposes of this ,act in-- 7#a7 the ,reclamation ,water ,settlements ,fund established under section #ajeja7;a7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#dc ,u4,s4,c4 #djg7;a772 or 7#b7 the ,emergency ,fund for ,indian ,safety and ,health established by section #fja7;a7 of the ,tom ,lantos and ,henry ,j4 ,hyde ,united ,states ,global ,leadership ,against ,,hiv_/,,aids1 ,tuberculosis1 and ,malaria ,reauthorization ,act of #bjjh 7#be ,u4,s4,c4 #ddc;c7a774