,,ii #aadth ,,congress #ast ,session ,s4 #aihc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #e1 #bjae ,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 title2 table of contents 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 title2 table of contents4 ,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 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 ,allottee ,the term ,allottee means an individual 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#d7 ,band ,the term ,band means ,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 members1 but not acting on behalf of members in their capacities as ,allottees4 7#e7 ,claims ,the term claims means rights1 claims1 demands1 actions1 compensation1 or causes of action1 whether known or unknown4 7#f7 ,,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#g7 ,,emwd connection fee ,the term ,,emwd ,connection ,fee has the meaning set forth in the ,extension of ,service ,area ,agreement4 7#h7 ,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#i7 ,,esaa capacity agreement ,the term ,,esaa ,capacity ,agreement means the ,agreement to ,provide ,capacity for ,delivery of ,,esaa ,water1 among the ,band1 ,,rcwd and the ,united ,states4 7#aj7 ,,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 ,agreement and delivered by ,,rcwd pursuant to the ,,esaa ,water ,delivery ,agreement4 7#aa7 ,,esaa water delivery agreement ,the term ,,esaa ,water ,delivery ,agreement means the agreement among ,,emwd1 ,,rcwd1 and the ,band1 establishing the terms and conditions of water service to the ,band4 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 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 the ,,esaa ,capacity ,agreement4 7#ah7 ,interim capacity notice ,the term ,interim ,capacity ,notice has the meaning set forth in the ,,esaa ,capacity ,agreement4 7#ai7 ,interlocutory judgment ,no4 #da ,the term ,interlocutory ,judgment ,no4 #da means ,interlocutory ,judgment ,no4 #da issued in the ,adjudication ,proceeding on ,november #h1 #aifb1 including all court orders1 judgments and decisions supplemental to that interlocutory judgment4 7#bj7 ,,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#ba7 ,,mwd connection fee ,the term ,,mwd ,connection ,fee has the meaning set forth in the ,extension of ,service ,area ,agreement4 7#bb7 ,pechanga ,,esaa delivery capacity account ,the term ,pechanga ,,esaa ,delivery ,capacity account means the account established by section #i7;c77#b74 7#bc7 ,pechanga recycled water infrastructure account ,the term ,pechanga ,recycled ,water ,infrastructure account means the account established by section #i7;c77#a74 7#bd7 ,pechanga settlement agreement ,the term ,pechanga ,settlement ,agreement means the ,pechanga ,settlement ,agreement1 dated ,june #ag1 #bjad1 together with the exhibits to that agreement1 entered into by the ,band1 the ,united ,states on behalf of the ,band1 its members and ,allottees1 ,,mwd1 ,,emwd1 and ,,rcwd1 including-- 7,a7 the ,extension of ,service ,area ,agreement2 7,b7 the ,,esaa ,capacity ,agreement2 and 7,c7 the ,,esaa ,water ,delivery ,agreement4 7#be7 ,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#bf7 ,pechanga water fund account ,the term ,pechanga ,water ,fund account means the account established by section #i7;c77#c74 7#bg7 ,pechanga water quality account ,the term ,pechanga ,water ,quality account means the account established by section #i7;c77#d74 7#bh7 ,permanent capacity ,the term ,permanent ,capacity has the meaning set forth in the ,,esaa ,capacity ,agreement4 7#bi7 ,permanent capacity notice ,the term ,permanent ,capacity ,notice has the meaning set forth in the ,,esaa ,capacity ,agreement4 7#cj7 ,,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#ca7 ,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#cb7 ,recycled water transfer agreement ,the term ,recycled ,water ,transfer ,agreement means the ,recycled ,water ,transfer ,agreement between the ,band and ,,rcwd4 7#cc7 ,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 ,agreement1 this ,act1 and any judgment or decree issued by the ,adjudication ,court approving the ,pechanga ,settlement ,agreement4 7#cd7 ,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#ce7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#cf7 ,state ,the term ,state means the ,state of ,california4 7#cg7 ,storage ,pond ,the term ,storage ,pond has the meaning set forth in the ,recycled ,water ,infrastructure ,agreement4 7#ch7 ,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 ,allottees1 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 ,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 promptly shall execute-- 7,a7 the ,pechanga ,settlement ,agreement 7including any exhibit to 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 ,a ,tribal ,water ,right of up to #d1iid acre-feet of water per year that1 under natural conditions1 is physically available on the ,reservation is confirmed in accordance with the ,findings of ,fact and ,conclusions of ,law set forth in ,interlocutory ,judgment ,no4 #da1 as affirmed by the ,fallbrook ,decree4 7#b7 ,use ,subject to the terms of the ,pechanga ,settlement ,agreement1 this ,act1 the ,fallbrook ,decree 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 ,right1 as set forth in subsection 7b71 shall-- 7#a7 be held in trust by the ,united ,states on behalf of the ,band and the ,allottees in accordance with this section2 7#b7 include the priority dates described in ,interlocutory ,judgment ,no4 #da1 as affirmed by the ,fallbrook ,decree2 and 7#c7 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 allotted land located within the exterior boundaries of the ,reservation under ,federal law shall be satisfied from the ,tribal ,water ,right4 7#c7 ,allocations ,allotted land located within the exterior boundaries of the ,reservation shall be entitled to a just and equitable allocation of water for irrigation and domestic purposes from the ,tribal ,water ,right4 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 on the ,reservation in accordance with-- 7,a7 the ,pechanga ,settlement ,agreement2 and 7,b7 applicable ,federal law4 7#b7 ,leases by allottees 7,a7 ,in general ,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 7,b7 ,water right appurtenant ,any water right determined to be appurtenant to an interest in land leased by an ,allottee shall be used on the ,reservation4 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 7or any successor in interest to an ,allottee7 may request that the ,band provide water for irrigation or domestic purposes in accordance with this ,act2 7,d7 a due process system for the consideration and determination by the ,band of any request by an ,allottee 7or any successor in interest to an ,allottee7 for an allocation of such water for irrigation or domestic 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 7or any successor in interest to an ,allottee7 with a claim relating to the enforcement of rights of the ,allottee 7or any successor in interest to an ,allottee7 under the ,pechanga ,water ,code or relating to the amount of water allocated to land of the ,allottee must 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 under 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-- 7i7 shall be subject to the approval of the ,secretary2 and 7ii7 shall not be valid until 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 7or any successor in interest to an ,allottee7 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 under the ,pechanga ,settlement ,agreement and this ,act shall be in complete replacement of1 complete substitution for1 and full satisfaction of all claims of the ,band against the ,united ,states that are waived and released pursuant to section #g4 7b7 ,allottee claims ,the benefits realized by the ,allottees under this ,act shall be in complete replacement of1 complete substitution for1 and full satisfaction of-- 7#a7 all claims that are waived and released pursuant to section #g2 and 7#b7 any claims of the ,allottees against the ,united ,states that the ,allottees have or could have asserted that are similar in nature to any claim described in section #g4 7c7 ,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 7d7 ,claims relating to development of water for reservation 7#a7 ,in general ,the amounts authorized to be appropriated pursuant to 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 ,upon the complete appropriation of amounts authorized pursuant to 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 acting in its capacity as trustee for the band 7,a7 ,in general ,subject to the retention of rights set forth in subsection 7c71 in return for recognition of the ,tribal ,water ,right and other benefits as set forth in the ,pechanga ,settlement ,agreement and this ,act1 the ,band1 on behalf of itself and the members of the ,band 7but not on behalf of a tribal member in the capacity of ,allottee71 and the ,united ,states1 acting as trustee for the ,band1 are authorized and directed to execute a waiver and release of all claims for water rights within the ,santa ,margarita ,river ,watershed that the ,band1 or the ,united ,states acting as trustee for the ,band1 asserted or could have asserted in any proceeding1 including the ,adjudication ,proceeding1 except to the extent that such rights are recognized in the ,pechanga ,settlement ,agreement and this ,act4 7,b7 ,claims against ,,rcwd ,subject to the retention of rights set forth in subsection 7c7 and notwithstanding any provisions to the contrary in the ,pechanga ,settlement ,agreement1 the ,band and the ,united ,states1 on behalf of the ,band and ,allottees1 fully release1 acquit1 and discharge ,,rcwd from-- 7i7 claims for injuries to water rights in the ,santa ,margarita ,river ,watershed for land located within the ,reservation 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 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 acting in its capacity as trustee for ,allottees ,subject to the retention of claims set forth in subsection 7c71 in return for recognition of the water rights of the ,band and other benefits as set forth in the ,pechanga ,settlement ,agreement and this ,act1 the ,united ,states1 acting as trustee for ,allottees1 is authorized and directed to execute a waiver and release of all claims for water rights within the ,santa ,margarita ,river ,watershed that the ,united ,states1 acting as trustee for the ,allottees1 asserted or could have asserted in any proceeding1 including the ,adjudication ,proceeding4 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 the members of the ,band 7but not on behalf of a tribal member in the capacity of ,allottee71 is authorized to execute a waiver and release of-- 7,a7 all claims against the ,united ,states 7including the agencies and employees of the ,united ,states7 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 ,proceeding1 except to the extent that those rights are recognized in the ,pechanga ,settlement ,agreement and this ,act2 7,b7 all claims against the ,united ,states 7including the agencies and employees of the ,united ,states7 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 the enforceability date2 7,c7 all claims against the ,united ,states 7including the agencies and employees of the ,united ,states7 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 ,states 7including the agencies and employees of the ,united ,states7 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 ,band1 on behalf of itself and the members of the ,band1 and the ,united ,states1 acting in its capacity as trustee for the ,band and ,allottees1 retain-- 7#a7 all claims for enforcement of the ,pechanga ,settlement ,agreement and this ,act2 7#b7 all claims against any person or entity other than the ,united ,states and ,,rcwd1 including claims for monetary damages2 7#c7 all claims for water rights that are outside the jurisdiction of the ,adjudication ,court2 7#d7 all rights to use and protect water rights acquired on or after the enforceability date2 and 7#e7 all remedies1 privileges1 immunities1 powers1 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 ,states1 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 7#d7 waives any claim of a member of the ,band in an individual capacity that does not derive from a right of the ,band2 7#e7 limits any funding that ,,rcwd would otherwise be authorized to receive under any ,federal law1 including1 the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h et seq47 as that ,act applies to permanent facilities for water recycling1 demineralization1 and desalination1 and distribution of nonpotable water supplies in ,southern ,riverside ,county1 ,california2 7#f7 characterizes any amounts received by ,,rcwd under the ,pechanga ,settlement ,agreement or this ,act as ,federal for purposes of section #afdi of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h-#cb72 or 7#g7 affects the requirement of any party to the ,pechanga ,settlement ,agreement or any of the exhibits to the ,pechanga ,settlement ,agreement to comply with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or the ,california ,environmental ,quality ,act 7,cal4 ,pub4 ,res4 ,code #bajjj et seq47 prior to performing the respective obligations of that party under the ,pechanga ,settlement ,agreement or any of the exhibits to the ,pechanga ,settlement ,agreement4 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 ,adjudication ,court has approved and entered a judgment and decree approving the ,pechanga ,settlement ,agreement in substantially the same form as ,appendix #b to the ,pechanga ,settlement ,agreement2 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 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 the ,extension of ,service ,area ,agreement2 and 7#e7 the ,,esaa ,water ,delivery ,agreement-- 7,a7 has been approved and executed by all the parties to the ,,esaa ,water ,delivery ,agreement2 and 7,b7 is effective and enforceable in accordance with the terms of the ,,esaa ,water ,delivery ,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 #bjcj1 or such alternate date after ,april #cj1 #bjcj1 as is agreed to by the ,band and the ,secretary2 or 7,b7 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 ,termination 7#a7 ,in general ,if all of the amounts authorized to be appropriated to the ,secretary pursuant to this ,act have not been made available to the ,secretary by ,april #cj1 #bjcj-- 7,a7 the waivers authorized by this section shall expire and have no force or effect2 and 7,b7 all statutes of limitations applicable to any claim otherwise waived under this section shall be tolled until ,april #cj1 #bjcj4 7#b7 ,voiding of waivers ,if a waiver authorized by this section is void under paragraph 7#a7-- 7,a7 the approval of the ,united ,states of the ,pechanga ,settlement ,agreement under section #d shall be void and have no further force or effect2 7,b7 any unexpended ,federal amounts appropriated or made available to carry out this ,act1 together with any interest earned on those amounts1 and any water rights or contracts to use water and title to other property acquired or constructed with ,federal amounts appropriated or made available to carry out 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 amounts used to acquire or develop property that is returned to the ,federal ,government under subparagraph 7,b71 the ,united ,states shall be entitled to set off any ,federal amounts appropriated or made available to carry out 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 ,allottees in any future settlement of the water rights of the ,band or ,allottees4 #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 such purposes plus any interest accrued on such amounts from the date of deposit in the ,fund to the date of disbursement from the ,fund1 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 #b1fef1cgd4 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 ,pond4 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 ,subject to the availability of amounts under section #i7;e71 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 the amount available in the ,,esaa ,delivery ,capacity account as of the date on which the ,,esaa ,capacity ,agreement is executed4 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 managed1 invested1 and distributed by the ,secretary and to be available until expended1 and1 together with any interest earned on those amounts1 to be used solely 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;a7 of this ,act1 together with any interest earned on those amounts1 which shall be available in accordance with subsection 7e74 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 pursuant to section #aa7;a77#a74 7#b7 ,pechanga ,,esaa ,delivery ,capacity account1 consisting of amounts authorized pursuant to section #aa7;a77#b74 7#c7 ,pechanga ,water ,fund account1 consisting of amounts authorized pursuant to section #aa7;a77#c74 7#d7 ,pechanga ,water ,quality account1 consisting of amounts authorized pursuant to section #aa7;a77#d74 7d7 ,management of fund ,the ,secretary shall manage1 invest1 and distribute all amounts in the ,fund in a manner that is consistent with the investment authority of the ,secretary under-- 7#a7 the first section of the ,act of ,june #bd1 #aich 7#be ,u4,s4,c4 #afb;a72 7#b7 the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq472 and 7#c7 this section4 7e7 ,availability of amounts ,amounts appropriated to1 and deposited in1 the ,fund1 including any investment earnings accrued from the date of deposit in the ,fund through the date of disbursement from the ,fund1 shall be made available to the ,band by the ,secretary beginning on the enforceability date4 7f7 ,withdrawals by band pursuant to the ,american ,indian ,trust ,fund ,management ,reform ,act 7#a7 ,in general ,the ,band may withdraw all or part of the amounts in the ,fund on approval by the ,secretary of a tribal management plan submitted by the ,band in accordance with the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq474 7#b7 ,requirements 7,a7 ,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 under paragraph 7#a7 shall require that the ,band shall spend all amounts withdrawn from the ,fund in accordance with this ,act4 7,b7 ,enforcement ,the ,secretary may carry out such judicial or administrative actions as the ,secretary determines to be necessary to enforce the tribal management plan to ensure that amounts withdrawn by the ,band from the ,fund under this subsection are used in accordance with this ,act4 7g7 ,withdrawals by ,band pursuant to an ,expenditure ,plan 7#a7 ,in general ,the ,band may submit an expenditure plan for approval by the ,secretary requesting that all or part of the amounts in the ,fund be disbursed in accordance with the plan4 7#b7 ,requirements ,the expenditure plan under paragraph 7#a7 shall include a description of the manner and purpose for which the amounts proposed to be disbursed from the ,fund will be used1 in accordance with subsection 7h74 7#c7 ,approval ,if the ,secretary determines that an expenditure plan submitted under this subsection is consistent with the purposes of this ,act1 the ,secretary shall approve the plan4 7#d7 ,enforcement ,the ,secretary may carry out such judicial or administrative actions as the ,secretary determines necessary to enforce an expenditure plan to ensure that amounts disbursed under this subsection are used in accordance with this ,act4 7h7 ,uses ,amounts from the ,fund shall be used by the ,band for the following purposes3 7#a7 ,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#b7 ,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#c7 ,pechanga ,water ,fund account ,the ,pechanga ,water ,fund account shall be used for-- 7,a7 payment of the ,,emwd ,connection ,fee2 7,b7 payment of the ,,mwd ,connection ,fee2 and 7,c7 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#d7 ,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 7i7 ,liability ,the ,secretary and the ,secretary of the ,treasury shall not be liable for the expenditure of1 or the investment of any amounts withdrawn from1 the ,fund by the ,band under subsection 7f7 or 7g74 7j7 ,no per capita distributions ,no portion of the ,fund shall be distributed on a per capita basis to any member of the ,band4 #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 #b1fef1cgd1 for deposit in the ,pechanga ,recycled ,water ,infrastructure account1 to carry out the activities described in section #h7;c74 7#b7 ,pechanga ,,esaa delivery capacity account ,there is authorized to be appropriated #ag1ijj1jjj1 for deposit in the ,pechanga ,,esaa ,delivery ,capacity account1 which amount shall be adjusted for changes in construction costs since ,june #cj1 #bjji1 as is indicated by ,,enr ,construction ,cost ,index1 #bj-;,city ,average1 as applicable to the types of construction required for the ,band to provide the infrastructure necessary for the ,band to provide the ,interim ,capacity and ,permanent ,capacity in the event that ,,rcwd elects not to provide the ,interim ,capacity or ,permanent ,capacity as set forth in the ,,esaa ,capacity ,agreement and contemplated in sections #h7;d77#b77;,e7 and #h7;d77#c77;,f7 of this ,act1 with such adjustment ending on the date on which funds authorized to be appropriated under this section have been deposited in the ,fund4 7#c7 ,pechanga water fund account ,there is authorized to be appropriated #e1dhc1fec1 for deposit in the ,pechanga ,water ,fund account1 which amount shall be adjusted for changes in appropriate cost indices since ,june #cj1 #bjji1 with such adjustment ending on the date of deposit in the ,fund1 for the purposes set forth in section #i7;h77#c74 7#d7 ,pechanga water quality account ,there is authorized to be appropriated #b1dfj1jjj1 for deposit in the ,pechanga ,water ,quality account1 which amount shall be adjusted for changes in appropriate cost indices since ,june #cj1 #bjji1 with such adjustment ending on the date of deposit in the ,fund1 for the purposes set forth in section #i7;h77#d74 #ab4 ,repeal on failure of enforceability date ,if the ,secretary does not publish a statement of findings under section #g7;e7 by ,april #cj1 #bjba1 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 #bjba1 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 7a7 ,in general ,notwithstanding any authorization of appropriations to carry out this ,act1 the expenditure or advance of any funds1 and the performance of any obligation by the ,department in any capacity1 pursuant to this ,act shall be contingent on the appropriation of funds for that expenditure1 advance1 or performance4 7b7 ,liability ,the ,department of the ,interior shall not be liable for the failure to carry out any obligation or activity authorized by this ,act if adequate appropriations are not provided to carry out this ,act4