,,ii #aahth ,,congress #ast ,session ,s4 #cjf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #g1 #bjbc,mr4 ,padilla 7for himself and ,mrs4 ,feinstein7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to approve the settlement of the water right claims of the ,tule ,river ,tribe1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,tule ,river ,tribe ,reserved ,water ,rights ,settlement ,act of #bjbc4 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 ,ratification of #bjjg ,agreement4,sec4 #e4 ,tribal ,water ,right4,sec4 #f4 ,tule ,river ,tribe trust accounts4,sec4 #g4 ,funding4,sec4 #h4 ,transfer of land into trust4,sec4 #i4 ,satisfaction of claims4,sec4 #aj4 ,waivers and releases of claims4,sec4 #aa4 ,enforceability ,date4,sec4 #ab4 ,binding effect2 judicial approval2 enforceability4,sec4 #ac4 ,miscellaneous provisions4,sec4 #ad4 ,antideficiency4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to achieve a fair1 equitable1 and final settlement of claims to water rights in the ,state of ,california for-- 7,a7 the ,tule ,river ,tribe2 and 7,b7 the ,united ,states1 acting as trustee for the ,tribe2 7#b7 to authorize1 ratify1 and confirm the #bjjg ,agreement entered by the ,tribe1 the ,south ,tule ,independent ,ditch ,company1 and the ,tule ,river ,association1 to the extent that the #bjjg ,agreement is consistent with this ,act2 7#c7 to authorize and direct the ,secretary-- 7,a7 to execute the #bjjg ,agreement1 with amendments to facilitate implementation and approval of the #bjjg ,agreement2 and 7,b7 to take any other actions necessary to carry out the #bjjg ,agreement in accordance with this ,act2 7#d7 to authorize funds necessary for the implementation of the #bjjg ,agreement and this ,act2 and 7#e7 to authorize the transfer of certain lands to the ,tribe1 to be held in trust4 #c4 ,definitions 7a7 ,in general ,in this ,act3 7#a7 #bjjg ,agreement ,the term #bjjg ,agreement means-- 7,a7 the agreement dated ,november #ba1 #bjjg1 as amended on ,april #bb1 #bjji1 between the ,tribe1 the ,south ,tule ,independent ,ditch ,company1 and the ,tule ,river ,association1 and exhibits attached thereto2 and 7,b7 any amendment to the ,agreement referred to in subparagraph 7,a7 7including an amendment to any exhibit7 that is executed in accordance with section #d7;a77#b74 7#b7 ,court ,the term ,court means the ,united ,states ,district ,court for the ,eastern ,district of ,california1 unless otherwise specified herein4 7#c7 ,divert2 diversion ,the terms divert and diversion mean to remove water from its natural course or location by means of a ditch1 canal1 flume1 bypass1 pipeline1 conduit1 well1 pump1 or other structure or device1 or act of a person4 7#d7 ,downstream water users ,the term ,downstream ,water ,users means-- 7,a7 the ,tule ,river ,association and its successors and assigns2 7,b7 the ,south ,tule ,independent ,ditch ,company and its successors and assigns2 and 7,c7 any and all other holders of water rights in the ,south ,fork ,tule ,river ,basin4 7#e7 ,enforceability date ,the term ,enforceability ,date means the date described in section #aa4 7#f7 ,,om,r 7,a7 ,in general ,the term ,,om,r means operation1 maintenance1 and replacement4 7,b7 ,inclusions ,the term ,,om,r includes-- 7i7 any recurring or ongoing activity relating to the day-to-day operation of a project2 7ii7 any activity relating to scheduled or unscheduled maintenance of a project2 and 7iii7 any activity relating to repairing or replacing a feature of a project4 7#g7 ,operation ,rules ,the term ,operation ,rules means the rules of operation for the ,phase ,i ,reservoir1 as established in accordance with the #bjjg ,agreement and this ,act4 7#h7 ,parties ,the term ,parties means the signatories to the #bjjg ,agreement1 including the ,secretary4 7#i7 ,phase ,i ,reservoir ,the term ,phase ,i ,reservoir means the reservoir described in either section #c4d4;,b47#a7 or section #c4d4;,b47#b7 of the #bjjg ,agreement4 7#aj7 ,reservation2 ,tule ,river ,reservation ,the terms ,reservation and ,tule ,river ,reservation mean the reservation of lands set aside for the ,tribe by the ,executive ,orders of ,january #i1 #ahgc1 ,october #c1 #ahgc1 and ,august #c1 #ahgh1 including lands added to the ,reservation pursuant to section #h4 7#aa7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#ab7 ,south ,tule ,independent ,ditch ,company ,the term ,south ,tule ,independent ,ditch ,company means the nonprofit mutual water company incorporated in #ahie that has claims to ownership of water rights dating back to #ahed1 which provides water diverted from the ,south ,fork of the ,tule ,river to its shareholders on lands downstream from the ,tule ,river ,reservation4 7#ac7 ,tribal ,water ,right ,the term ,tribal ,water ,right means the water rights ratified1 confirmed1 and declared to be valid for the benefit of the ,tribe as set forth and described in the #bjjg ,agreement and this ,act4 7#ad7 ,tribe ,the term ,tribe means the ,tule ,river ,indian ,tribe of the ,tule ,river ,reservation1 ,california1 a federally recognized ,indian ,tribe4 7#ae7 ,trust ,fund ,the term ,trust ,fund means the ,tule ,river ,indian ,tribe ,settlement ,trust ,fund established under section #f7;a74 7#af7 ,tule ,river ,association 7,a7 ,in general ,the term ,tule ,river ,association means the association formed by agreement in #aife1 the members of which are representatives of all pre-#aiad appropriative and certain riparian water right holders of the ,tule ,river at and below the ,richard ,l4 ,schafer ,dam and ,reservoir4 7,b7 ,inclusions ,the term ,tule ,river ,association includes the ,pioneer ,water ,company1 the ,vandalia ,irrigation ,district1 the ,porterville ,irrigation ,district1 and the ,lower ,tule ,river ,irrigation ,district4 7#ag7 ,water development project ,the term ,water ,development ,project means a project for domestic1 commercial1 municipal1 and industrial water supply1 including but not limited to water treatment1 storage1 and distribution infrastructure1 to be constructed1 in whole or in part1 using monies from the ,trust ,fund4 7b7 ,definitions of other terms ,any other term used in this ,act but not defined in subsection 7a7-- 7#a7 has the meaning given the term in the #bjjg ,agreement2 or 7#b7 if no definition for the term is provided in the #bjjg ,agreement1 shall be used in a manner consistent with its use in the #bjjg ,agreement4 #d4 ,ratification of #bjjg ,agreement 7a7 ,ratification 7#a7 ,in general ,except as modified by this ,act and to the extent that the #bjjg ,agreement does not conflict with this ,act1 the #bjjg ,agreement is authorized1 ratified1 and confirmed4 7#b7 ,amendments 7,a7 ,general amendments ,if an amendment to the #bjjg ,agreement1 or to any exhibit attached to the #bjjg ,agreement requiring the signature of the ,secretary1 is executed in accordance with this ,act to make the #bjjg ,agreement consistent with this ,act1 the amendment is authorized1 ratified1 and confirmed4 7,b7 ,specific amendments 7i7 ,substitute sites ,if a substitute site for the ,phase ,i ,reservoir is identified by the ,tribe pursuant to section #c4d4;,b47#b77;a7 of the #bjjg ,agreement1 then amendments related to the ,operation ,rules are authorized1 ratified1 and confirmed1 to the extent that such ,amendments are consistent with the #bjjg ,agreement and this ,act4 7ii7 ,priority date ,amendments agreed to by the ,parties to establish that the priority date for the ,tribal ,water ,right is no later than ,january #i1 #ahgc1 is authorized1 ratified1 and confirmed4 7iii7 ,senior water rights ,amendments agreed to by the ,parties to accommodate senior water rights of those ,downstream ,water ,users described in section #c7;a77#d77;,c7 are authorized1 ratified1 and confirmed1 to the extent that the ,court finds any such ,downstream ,water ,users possess senior water rights that can be accommodated only by amendment of the #bjjg ,agreement4 7iv7 ,other amendments ,other amendments agreed to by the ,parties to facilitate implementation and approval of the #bjjg ,agreement are authorized1 ratified1 and confirmed1 to the extent that such amendments are otherwise consistent with this ,act and with other applicable law4 7b7 ,execution 7#a7 ,in general ,to the extent the #bjjg ,agreement does not conflict with this ,act1 the ,secretary shall execute the #bjjg ,agreement1 in accordance with paragraph 7#b71 including all exhibits to1 or parts of1 the #bjjg ,agreement requiring the signature of the ,secretary4 7#b7 ,timing ,the ,secretary shall not execute the #bjjg ,agreement until-- 7,a7 the ,parties agree on amendments related to the priority date for the ,tribal ,water ,right2 and 7,b7 either-- 7i7 the ,tribe moves forward with the ,phase ,i ,reservoir described in section #c4d4;,b47#a7 of the #bjjg ,agreement2 or 7ii7 if the ,tribe selects a substitute site pursuant to section #c4d4;,b47#b7 of the #bjjg ,agreement1 either-- 7,i7 the ,parties agree on ,operation ,rules2 or 7,,ii7 the ,secretary determines1 in the discretion of the ,secretary1 that the ,parties have reached an impasse in attempting to negotiate the ,operation ,rules4 7#c7 ,modifications ,nothing in this ,act prohibits the ,secretary1 after execution of the #bjjg ,agreement1 from approving any modification to the #bjjg ,agreement1 including any exhibit to the #bjjg ,agreement1 that is consistent with this ,act1 to the extent that the modification does not otherwise require congressional approval under section #baaf of the ,revised ,statutes 7#be ,u4,s4,c4 #agg7 or any other applicable provision of ,federal law4 7c7 ,environmental compliance 7#a7 ,in general ,in implementing the #bjjg ,agreement and this ,act1 the ,secretary shall comply with all applicable provisions of-- 7,a7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,b7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 including the implementing regulations of that ,act2 and 7,c7 other applicable ,federal environmental laws and regulations4 7#b7 ,compliance 7,a7 ,in general ,in implementing the #bjjg ,agreement and this ,act1 the ,tribe shall prepare any necessary environmental documents1 consistent with all applicable provisions of-- 7i7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7ii7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dbca et seq471 including the implementing regulations of that ,act2 and 7iii7 all other applicable ,federal environmental laws and regulations4 7,b7 ,authorizations ,the ,secretary shall-- 7i7 independently evaluate the documentation submitted under subparagraph 7,a72 and 7ii7 be responsible for the accuracy1 scope1 and contents of that documentation4 7#c7 ,effect of execution ,the execution of the #bjjg ,agreement by the ,secretary under this section shall not constitute a major ,federal action for purposes of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#d7 ,costs ,any costs associated with the performance of the compliance activities under this subsection shall be paid from funds deposited in the ,trust ,fund1 subject to the condition that any costs associated with the performance of ,federal approval or other review of such compliance work or costs associated with inherently ,federal functions shall remain the responsibility of the ,secretary4 #e4 ,tribal ,water ,right 7a7 ,confirmation of ,tribal ,water ,right 7#a7 ,in general ,the ,tribal ,water ,right is ratified1 confirmed1 and declared valid4 7#b7 ,quantification ,the ,tribal ,water ,right includes the right to divert and use or permit the diversion and use of up to #e1hbh acre-feet per year of surface water from the ,south ,fork ,tule ,river1 as described in the #bjjg ,agreement and as confirmed in the decree entered by the ,court pursuant to subsections 7b7 and 7c7 of section #ab4 7#c7 ,use ,any diversion1 use1 and place of use of the ,tribal ,water ,right shall be subject to the terms and conditions of the #bjjg ,agreement and this ,act4 7b7 ,trust status of ,tribal ,water ,right ,the ,tribal ,water ,right-- 7#a7 shall be held in trust by the ,united ,states for the use and benefit of the ,tribe in accordance with this ,act2 and 7#b7 shall not be subject to loss through non-use1 forfeiture1 abandonment1 or other operation of law4 7c7 ,authority of the ,tule ,river ,tribe 7#a7 ,in general ,the ,tule ,river ,tribe shall have the authority to allocate and distribute the ,tribal ,water ,right for use on the ,reservation in accordance with the #bjjg ,agreement1 this ,act1 and applicable ,federal law4 7d7 ,administration 7#a7 ,no alienation ,the ,tribe shall not permanently alienate any portion of the ,tribal ,water ,right4 7#b7 ,purchases or grants of land from indians ,an authorization provided by this ,act for the allocation1 distribution1 leasing1 or other arrangement entered into pursuant to this ,act shall be considered to satisfy any requirement for authorization of the action by treaty or convention imposed by section #baaf of the ,revised ,statutes 7#be ,u4,s4,c4 #agg74 7#c7 ,prohibition on forfeiture ,the non-use of all or any portion of the ,tribal ,water ,right by any water user shall not result in the forfeiture1 abandonment1 relinquishment1 or other loss of all or any portion of the ,tribal ,water ,right4 #f4 ,tule ,river ,tribe trust accounts 7a7 ,establishment ,the ,secretary shall establish a trust fund1 to be known as the ,tule ,river ,indian ,tribe ,settlement ,trust ,fund1 to be managed1 invested1 and distributed by the ,secretary and to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury1 consisting of the amounts deposited in the ,trust ,fund under subsection 7c71 together with any interest earned on those amounts1 for the purpose of carrying out this ,act4 7b7 ,accounts ,the ,secretary shall establish in the ,trust ,fund the following ,accounts3 7#a7 ,the ,tule ,river ,tribe ,water ,development ,projects ,account4 7#b7 ,the ,tule ,river ,tribe ,,om,r ,account4 7c7 ,deposits ,the ,secretary shall deposit-- 7#a7 in the ,tule ,river ,tribe ,water ,development ,projects ,account established under subsection 7b77#a71 the amounts made available pursuant to section #g7;a77#a72 and 7#b7 in the ,tule ,river ,tribe ,,om,r ,account established under subsection 7b77#b71 the amounts made available pursuant to section #g7;a77#b74 7d7 ,management and interest 7#a7 ,management ,on receipt and deposit of funds into the accounts in the ,trust ,fund pursuant to subsection 7c71 the ,secretary shall manage1 invest1 and distribute all amounts in the ,trust ,fund in accordance with the investment authority of the ,secretary under-- 7,a7 the first section of the ,act of ,june #bd1 #aich 7#eb ,stat4 #ajcg1 chapter #fdh2 #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 7#b7 ,investment earnings ,in addition to the deposits under subsection 7c71 any investment earnings1 including interest1 credited to amounts held in the ,trust ,fund are authorized to be used in accordance with subsections 7e7 and 7h74 7e7 ,availability of amounts 7#a7 ,in general ,amounts appropriated to1 and deposited in1 the ,trust ,fund1 including any investment earnings1 including interest1 shall be made available to the ,tribe by the ,secretary beginning on the ,enforceability ,date and subject to the requirements set forth in this section1 except for funds to be made available to the ,tribe pursuant to paragraph 7#b74 7#b7 ,use of certain funds ,notwithstanding paragraph 7#a71 #bj1jjj1jjj of the amounts deposited in the ,tule ,river ,tribe ,water ,development ,projects ,account shall be made available to conduct technical studies and related investigations regarding the ,phase ,i ,reservoir and to establish appropriate ,operation ,rules4 7f7 ,withdrawals 7#a7 ,withdrawals under the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7,a7 ,in general ,the ,tribe may withdraw any portion of the amounts in the ,trust ,fund on approval by the ,secretary of a ,tribal management plan submitted by the ,tribe in accordance with the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq474 7,b7 ,requirements ,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 this paragraph shall require that the ,tribe shall spend all amounts withdrawn from the ,trust ,fund1 and any investment earnings accrued through the investments under the ,tribal management plan1 in accordance with this ,act4 7,c7 ,enforcement ,the ,secretary may carry out such judicial and administrative actions as the ,secretary determines to be necessary to enforce the ,tribal management plan under this paragraph to ensure that amounts withdrawn by the ,tribe from the ,trust ,fund under this paragraph are used in accordance with this ,act4 7#b7 ,withdrawals under expenditure plan 7,a7 ,in general ,the ,tribe may submit to the ,secretary a request to withdraw amounts from the ,trust ,fund pursuant to an approved expenditure plan4 7,b7 ,requirements ,to be eligible to withdraw amounts under an expenditure plan under this paragraph1 the ,tribe shall submit to the ,secretary an expenditure plan for any portion of the ,trust ,fund that the ,tribe elects to withdraw pursuant to this subparagraph1 subject to the condition that the amounts shall be used for the purposes described in this ,act4 7,c7 ,inclusions ,an expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the ,trust ,fund will be used by the ,tribe in accordance with subsections 7e7 and 7h74 7,d7 ,approval ,the ,secretary shall approve an expenditure plan submitted under this paragraph if the ,secretary determines that the plan-- 7i7 is reasonable2 and 7ii7 is consistent with1 and will be used for1 the purposes of this ,act4 7,e7 ,enforcement ,the ,secretary may carry out such judicial and administrative actions as the ,secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this paragraph are used in accordance with this ,act4 7g7 ,effect of section ,nothing in this section gives the ,tribe the right to judicial review of a determination of the ,secretary relating to whether to approve a ,tribal management plan under subsection 7f77#a7 or an expenditure plan under subsection 7f77#b7 except under subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 7h7 ,uses ,amounts from the ,trust ,fund may only be used by the ,tribe for the following purposes3 7#a7 ,the ,tule ,river ,tribe ,water ,development ,projects ,account may only be used to plan1 design1 and construct ,water ,development ,projects on the ,tule ,river ,reservation1 and for the conduct of related activities1 including for environmental compliance in the development and construction of projects under this ,act4 7#b7 ,the ,tule ,river ,tribe ,,om,r ,account may only be used for the ,,om,r of ,water ,development ,projects4 7i7 ,liability ,the ,secretary and the ,secretary of the ,treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the ,trust ,fund by the ,tribe under paragraphs 7#a7 and 7#b7 of subsection 7f74 7j7 ,title to infrastructure ,title to1 control over1 and operation of any project constructed using funds from the ,trust ,fund shall remain in the ,tribe4 7k7 ,operation1 maintenance1 replacement ,all ,,om,r costs of any project constructed using funds from the ,trust ,fund shall be the responsibility of the ,tribe4 7l7 ,no per capita distributions ,no portion of the ,trust ,fund shall be distributed on a per capita basis to any member of the ,tribe4 7m7 ,expenditure report ,the ,tule ,river ,tribe shall annually submit to the ,secretary an expenditure report describing accomplishments and amounts spent from use of withdrawals under a ,tribal management plan or an expenditure plan under this ,act4 #g4 ,funding 7a7 ,funding ,out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary-- 7#a7 for deposit in the ,tule ,river ,tribe ,water ,development ,projects ,account #eah1jjj1jjj1 to be available until expended1 withdrawn1 or reverted to the general fund of the ,treasury2 and 7#b7 for deposit in the ,tule ,river ,tribe ,,om,r ,account #ej1jjj1jjj1 to be available until expended1 withdrawn1 or reverted to the general fund of the ,treasury4 7b7 ,fluctuation in costs 7#a7 ,in general ,the amounts authorized to be appropriated under subsection 7a7 shall be increased or decreased1 as appropriate1 by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after ,november #a1 #bjbj1 as indicated by the ,bureau of ,reclamation ,construction ,cost ,index--,composite ,trend4 7#b7 ,construction costs adjustment ,the amounts authorized to be appropriated under subsection 7a7 shall be adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices as determined by the ,secretary1 including repricing applicable to the types of construction and current industry standards involved4 7#c7 ,repetition ,the adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the amount authorized1 as adjusted1 has been appropriated4 7#d7 ,period of indexing ,the period of indexing adjustment under this subsection for any increment of funding shall end on the date on which the funds are deposited into the ,trust ,fund4 #h4 ,transfer of land into trust 7a7 ,transfer of land to trust 7#a7 ,in general ,subject to valid existing rights1 and the requirements of this subsection1 all right1 title1 and interest of the ,united ,states in and to the land described in paragraph 7#b7 shall be held in trust by the ,united ,states for the benefit of the ,tribe as part of the ,reservation upon the ,enforceability ,date1 provided that the ,tribal fee land described in paragraph 7#b77;,c7-- 7,a7 is free from any liens1 encumbrances1 or other infirmities2 and 7,b7 has no existing evidence of any hazardous substances or other environmental liability4 7#b7 ,lands to be held in trust ,the land referred to in paragraph 7#a7 is the following3 7,a7 ,bureau of ,land ,management lands 7i7 ,approximately #bf4ae acres of land located in ,t4 #bb ,s41 ,r4 #bi ,e41 sec4 #ce1 ,lot #i4 7ii7 ,approximately #he4ej acres of land located in ,t4 #bb ,s41 ,r4 #bi ,e41 sec4 #ce1 ,lots #f and #g4 7iii7 ,approximately #ch4gg acres of land located in-- 7,i7 ,t4 #bb ,s41 ,r4 #cj ,e41 sec4 #cj1 ,lot #a2 and 7,,ii7 ,t4 #bb ,s41 ,r4 #cj ,e41 sec4 #ca1 ,lots #f and #g4 7iv7 ,approximately #aed4i acres of land located in ,t4 #bb ,s41 ,r4 #cj ,e41 sec4 #cd1 ,n#a_/d,,sw#a_/d and ,,sw#a_/d,,sw#a_/d1 ,lots #b and #c4 7v7 ,approximately #dj4jj acres of land located in ,t4 #bb ,s41 ,r4 #cj ,e41 sec4 #cd1 ,,ne#a_/d,,se#a_/d4 7vi7 ,approximately #cge4ag acres of land located in-- 7,i7 ,t4 #bb ,s41 ,r4 #cj ,e41 sec4 #ce1 ,s#a_/b,,ne#a_/d1 ,n#a_/b,,se#a_/d1 and ,,se#a_/d,,se#a_/d1 ,lots #c1 #d1 and #f2 and 7,,ii7 ,t4 #bc ,s41 ,r4 #cj ,e41 sec4 #b1 ,s#a_/b,,ne#a_/d1 ,lots #f and #g4 7vii7 ,approximately #fj4dc acres of land located in-- 7,i7 ,t4 #bb ,s41 ,r4 #cj ,e41 sec4 #ce1 ,,sw#a_/d,,sw#a_/d2 and 7,,ii7 ,t4 #bc ,s41 ,r4 #cj ,e41 sec4 #b1 ,lot #i4 7viii7 ,approximately #ae4dh acres of land located in ,t4 #ba ,s41 ,r4 #cj ,e41 sec4 #ca in that portion of the ,,nw#a_/d lying between ,lots #h and #i4 7ix7 ,approximately #bi4bf acres of land located in ,t4 #ba ,s41 ,r4 #cj ,e41 sec4 #ca1 ,lot #g4 7,b7 ,forest ,service lands ,approximately #i1jcg acres of land comprising the headwaters area of the ,south ,fork ,tule ,river watershed located east of and adjacent to the ,tule ,river ,indian ,reservation1 and more particularly described as follows3 7i7 ,commencing at the northeast corner of the ,tule ,river ,indian ,reservation in ,t4 #ba ,s41 ,r4 #ca ,e41 sec4 #af1 ,mount ,diablo ,base and ,meridian1 running thence east and then southeast along the ridge of mountains dividing the waters of the ,south ,fork of the ,tule ,river and ,middle ,fork of the ,tule ,river1 continuing south and then southwest along the ridge of mountains dividing the waters of the ,south ,fork of the ,tule ,river and the ,upper ,kern ,river until intersecting with the southeast corner of the ,tule ,river ,indian ,reservation in ,t4 #bb ,s41 ,r4 #ca ,e41 sec4 #bh1 thence from such point north along the eastern boundary of the ,tule ,river ,indian ,reservation to the place of beginning4 7ii7 ,the area encompasses-- 7,i7 all of secs4 #bb1 #bc1 #bf1 #bg1 #cd1 #ce1 and portions of secs4 #ac1 #ad1 #ae1 #af1 #ba1 #bd1 #be1 #bh1 #cc1 and #cf1 in ,t4 #ba ,s41 ,r4 #ca ,e42 and 7,,ii7 all of secs4 #c and #aj1 and portions of secs4 #a1 #b1 #d1 #i1 #aa1 #ad1 #ae1 #af1 #ba1 #bb1 #bg1 and #bh1 in ,t4 #bb ,s41 ,r4 #ca ,e4 7,c7 ,tribally owned fee lands 7i7 ,approximately #cjj acres of land known as the ,mc,carthy ,ranch and more particularly described as follows3 7,i7 ,the ,,sw#a_/d and that portion of the ,,se#a_/d of sec4 #i in ,t4 #bb ,s41 ,r4 #bi ,e41 ,mount ,diablo ,base and ,meridian1 in the ,county of ,tulare1 ,state of ,california1 according to the official plat thereof1 lying south and west of the center line of the ,south ,fork of the ,tule ,river1 as such river existed on ,june #i1 #ahhf1 in the ,county of ,tulare1 ,state of ,california2 excepting therefrom an undivided one-half interest in and to the oil1 gas1 minerals1 and other hydrocarbon substances in1 on1 or under such land1 as reserved by ,alice ,king ,henderson1 a single woman1 by ,deed dated ,january #bb1 #aiei1 and ,recorded ,february #ah1 #aiei1 in ,book #bajf1 page #bda1 ,tulare ,county ,official ,records4 7,,ii7 ,an easement over and across that portion of the ,,sw#a_/d of sec4 #aj in ,t4 #bb ,s41 ,r4 #bi ,e41 ,mount ,diablo ,base and ,meridian1 ,county of ,tulare1 ,state of ,california1 more particularly described as follows3 7aa7 ,beginning at the intersection of the west line of the ,,sw#a_/d of sec4 #aj1 and the south bank of the ,south ,tule ,independent ,ditch2 thence south #bj rods2 thence in an easterly direction1 parallel with such ditch1 #hj rods2 thence north #bj rods1 thence westerly along the south bank of such ditch #hj rods to the point of beginning2 for the purpose of-- 7,,aa7 maintaining thereon an irrigation ditch between the headgate of the ,king ,ditch situated on such land and the ,,sw#a_/d and that portion of the ,,se#a_/d of sec4 #i in ,t4 #bb ,s41 ,r4 #bi ,e41 lying south and west of the centerline of the ,south ,fork of the ,tule ,river1 as such river existed on ,june #i1 #ahhf1 in the ,county of ,tulare1 ,state of ,california2 and 7,,bb7 conveying therethrough water from the ,south ,fork of the ,tule ,river to the ,,sw#a_/d and that portion of the ,,se#a_/d of sec4 #i in ,t4 #bb ,s41 ,r4 #bi ,e41 lying south and west of the centerline of the ,south ,fork of the ,tule ,river1 as such river existed on ,june #i1 #ahhf4 7bb7 ,the easement described in item 7aa7 shall follow the existing route of the ,king ,ditch4 7ii7 ,approximately #fdj acres of land known as the ,pierson_/,diaz property in ,t4 #bb ,s41 ,r4 #bi ,e41 sec4 #af1 ,mount ,diablo ,base and ,meridian1 in the ,county of ,tulare1 ,state of ,california1 according to the official plat thereof4 7iii7 ,approximately #cge4dd acres of land known as the ,hyder property and more particularly described as follows3 7,i7 ,that portion of the ,s#a_/b of sec4 #ab in ,t4 #bb ,s41 ,r4 #bh ,e41 ,mount ,diablo ,base and ,meridian1 in the ,county of ,tulare1 ,state of ,california1 according to the official plat thereof1 lying south of the ,county ,road known as ,reservation ,road1 excepting therefrom an undivided one-half interest in all oil1 gas1 minerals1 and other hydrocarbon substances as reserved in the deed from ,california ,lands1 ,inc41 to ,lovell ,j4 ,wilson and ,genevieve ,p4 ,wilson1 recorded ,february #ag1 #aidj1 in book #hhh1 page #aaf1 ,tulare ,county ,official ,records4 7,,ii7 ,the ,,nw#a_/d of sec4 #ac in ,t4 #bb ,s41 ,r4 #bh ,e41 ,mount ,diablo ,base and ,meridian1 in the ,county of ,tulare1 ,state of ,california1 according to the official plat thereof1 excepting therefrom the south #abjj feet thereof4 7,,iii7 ,the south #abjj feet of the ,,nw#a_/d of sec4 #ac in ,t4 #bb ,s41 ,r4 #bh ,e41 ,mount ,diablo ,base and ,meridian1 in the ,county of ,tulare1 ,state of ,california1 according to the official plat thereof4 7iv7 ,approximately #aeg4bb acres of land situated in the unincorporated area of the ,county of ,tulare1 ,state of ,california1 known as the ,trailor property1 and more particularly described as follows3 ,the ,,sw#a_/d of sec4 #aa in ,t4 #bb ,s41 ,r4 #bh ,e41 ,mount ,diablo ,base and ,meridian1 in the unincorporated area of the ,county of ,tulare1 ,state of ,california1 according to the official plat thereof4 7v7 ,approximately #hi4de acres of land known as the ,tomato ,patch in that portion of the ,,se#a_/d of sec4 #aa in ,t4 #bb ,s41 ,r4 #bh ,e41 ,mount ,diablo ,base and ,meridian1 in the ,county of ,tulare1 ,state of ,california1 according to the ,official ,plat of the survey of such land on file in the ,bureau of ,land ,management at the date of the issuance of the patent thereof1 and more particularly described as follows3 ,beginning at the southeast corner of ,t4 #bb ,s41 ,r4 #bh ,e41 sec4 #aa1 thence north and along the east line of such sec4 #aa1 #acdb feet1 thence south #hc #dd' west #beh feet1 thence north #hd #cj' west #def feet1 thence north #fe #bh' west #hjj feet1 thence north #fh #dd' west #bie feet1 thence south #ga #dj' west #gjj feet1 thence south #ef #da' west #bdj feet to the west line of the ,,se#a_/d of such sec4 #aa1 thence south #j #ba' west along such west line of the ,,se#a_/d of sec4 #aa1 thence west #adbg feet to the southwest corner of such ,,se#a_/d of sec4 #aa1 thence south #hi #cd' east #bfeg4j feet to the point of beginning1 excepting therefrom-- 7,i7 a strip of land #be feet in width along the northerly and east sides and used as a ,county ,road2 and 7,,ii7 an undivided one-half interest in all oil1 gas1 and minerals in and under such lands1 as reserved in the ,deed from ,bank of ,america1 a corporation1 dated ,august #ad1 #aice1 filed for record ,august #bh1 #aice1 ,fee ,book #aaijd4 7vi7 ,approximately #afj acres of land known as the ,smith ,mill in the ,,nw#a_/d of the ,,ne#a_/d1 the ,n#a_/b of the ,,nw#a_/d1 and the ,,se#a_/d of the ,,nw#a_/d of sec4 #bj in ,t4 #ba ,s41 ,r4 #ca ,e41 ,mount ,diablo ,base and ,meridian1 in the ,county of ,tulare1 ,state of ,california1 according to the official plat thereof4 7vii7 ,approximately #ce acres of land located within the exterior boundaries of the ,tule ,river ,reservation known as the ,highway #aij parcel1 with the legal description as follows3 ,that portion of ,t4 #ba ,s41 ,r4 #bi ,e41 sec4 #ai1 ,mount ,diablo ,base and ,meridian1 in the ,county of ,tulare1 ,sate of ,california1 according to the official plat thereof1 and more particularly described as follows3 ,commencing at a point in the south line of the ,n#a_/b of the ,s#a_/b of such sec4 #ai1 such point being south #hi #ed' #dg0 east1 #aejj4jj feet of the southwest corner of such ,n#a_/b1 thence north #eb #da' #ag0 east1 #afjb4hj feet to the true point of beginning of the parcel to be described1 thence north #cb #jb' #jj0 west1 #afai4ec feet to a point in the southeasterly line of ,state ,highway #aij per deeds recorded ,may #e1 #aieh1 in ,book #bjec1 pages #fjh and #fac1 ,tulare ,county ,official ,records1 thence north #eg #eh' #jj0 east1 #bcb4bi feet1 thence north #ff #cc' #bd0 east1 #ffg4ea fee1 thence departing the southeasterly line of such ,highway #aij1 south #dd #ec' #bg0 east1 #iac4fb feet1 thence south #he #ec' #bg0 east1 #gid4ec feet1 thence south #eb #da' #ag0 west1 #agdd4fd feet to the true point of beginning4 7viii7 ,approximately #fa4ia acres of land located within the exterior boundaries of the ,tule ,river ,reservation known as the ,shan ,king property1 with the legal description as follows3 7,i7 ,parcel #a3 ,parcel ,no4 #a of parcel map no4 #djbh in the ,county of ,tulare1 ,state of ,california1 as per the map recorded in ,book #da1 page #cb of ,tulare ,county ,records4 7,,ii7 7aa7 ,parcel #b3 ,that portion of ,t4 #ba ,s41 ,r4 #bi ,e41 sec4 #ai1 ,mount ,diablo ,base and ,meridian1 in the ,county of ,tulare1 ,state of ,california1 described as follows3 ,commencing at a point in the south line of the ,n#a_/b of the ,s#a_/b of such sec4 #ai1 such point being south #hi #ed' #eh0 east1 #aejj4jj feet of the southwest corner of such ,n#a_/b1 thence north #eb #da' #jf0 east1 #afjb4hj feet to the southwesterly corner of the #dj4jj acre parcel shown on the ,record of ,survey recorded in ,book #ah1 page #ag1 of ,licensed ,surveys1 ,tulare ,county ,records1 thence1 north #cb #ja' #bh0 west1 #edb4jd feet along the southwesterly line of such #dj4jj acre parcel to the true point of beginning of the parcel to be described1 thence1 continuing north #cb #ja' #bh0 west1 #ajge4ej feet to the northwesterly corner of such #dj4jj acre parcel1 thence north #eg #eh' #ej0 east1 #bcb4ca feet along the southeasterly line of ,state ,highway #aij1 thence north #ff #cd' #ab0 east1 #f4he feet1 thence1 departing the southeasterly line of ,state ,highway #aij south #bi #bg' #bi0 east1 #hhd4gc feet1 thence south #jb #ei' #cc0 east1 #bah4jj feet1 thence south #eg #eh' #ca0 west1 #ic4fg feet to the true point of beginning4 7bb7 ,the property described in item 7aa7 is subject to a #ajj foot minimum building setback from the right-of-way of ,highway #aij4 7,,iii7 ,parcel #c3 ,that portion of ,t4 #ba ,s41 ,r4 #bi ,e41 sec4 #ai1 ,mount ,diablo ,base and ,meridian1 ,county of ,tulare1 ,state of ,california1 described as follows3 ,beginning at a point in the south line of the ,n#a_/b of the ,s#a_/b of such sec4 #ai1 such point being south #hi #ed' #dg0 east1 #aejj4jj feet of the southwest corner of such ,n#a_/b1 thence north #g #di' #ai0 east1 #abje4jj feet1 thence north #dj #jj' #jj0 west1 #hej4jj feet to a point in the southeasterly line of ,state ,highway #aij1 per deeds recorded ,may #e1 #aieh1 in ,book #bjec1 pages #fjh and #fac1 ,tulare ,county ,official ,records1 thence1 north #eg #eh' #jj0 east1 #ida4df feet1 along the southeasterly line of such ,highway #aij1 thence departing the southeasterly line of such ,highway #aij1 south #cb #jb' #jj0 east1 #afai4ec feet1 thence south #eb #da' #ag0 west1 #afjb4hj feet to the point of beginning1 together with a three-quarters 7#c_/d7 interest in a water system1 as set forth in that certain water system and maintenance agreement recorded ,april #ae1 #bjje1 as document no4 #bjje-jjciagg4 7ix7 ,approximately #ah4dd acres of land located within the exterior boundaries of the ,tule ,river ,reservation known as the ,parking ,lot #d parcel with the legal description as follows3 ,that portion of the land described in that ,grant ,deed to ,tule ,river ,indian ,tribe1 recorded ,june #a1 #bjaj1 as document number #bjaj-jjcbhgi1 ,tulare ,county ,official ,records1 lying within the following described parcel3 beginning at a point on the east line of the ,,nw#a_/d of sec4 #c in ,t4 #bb ,s41 ,r4 #bh ,e41 ,mount ,diablo ,meridian1 lying south #j #di' #dc0 west1 #afgj4ec feet from the ,n#a_/d corner of such sec4 #c1 thence 7#a7 south #hi #aj' #ag0 east1 #df4ej feet2 thence 7#b7 north #j #di' #dc0 east1 #hd4jh feet2 thence 7#c7 north #cc #jj' #jj0 west1 #gf4fg feet to the south line of ,state ,route #aij as described in that ,grant ,deed to the ,state of ,california1 recorded ,february #ad1 #aieh1 in ,volume #bjch1 page #efb1 ,tulare ,county ,official ,records2 thence 7#d7 north #j #bb' #bh0 east1 #gc4ei feet to the north line of the ,,se#a_/d of the ,,nw#a_/d of such sec4 #c2 thence 7#e7 south #hi #cg' #cb0 east1 along such north line1 #hi4gg feet to the center-north sixteenth corner of such sec4 #c2 thence 7#f7 south #j #di' #dc0 west1 along such east line of the ,,nw#a_/d of such sec4 #c1 a distance of #bbb4jf feet to the point of beginning4 ,containing #j4jh acres1 more or less1 in addition to that portion lying within ,road #bhd4 ,together with the underlying fee interest1 if any1 contiguous to the above-described property in and to ,road #bhd4 ,this conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights including access rights1 appurtenant to grantor's remaining property1 in and to such freeway4 ,reserving however1 unto grantor1 grantor's successors or assigns1 the right of access to the freeway over and across ,courses 7#a7 and 7#b7 herein above described4 ,the bearings and distances used in this description are on the ,california ,coordinate ,system of #aihc1 ,zone #d4 ,divide distances by #j4iiiiga to convert to ground distances4 7b7 ,terms and conditions 7#a7 ,existing authorizations ,any ,federal land transferred under this section shall be conveyed and taken into trust subject to valid existing rights1 contracts1 leases1 permits1 and rights-of-way1 unless the holder of the right1 contract1 lease1 permit1 or right-of-way requests an earlier termination in accordance with existing law4 ,the ,bureau of ,indian ,affairs shall assume all benefits and obligations of the previous land management agency under such existing rights1 contracts1 leases1 permits1 or rights-of-way1 and shall disburse to the ,tribe any amounts that accrue to the ,united ,states from such rights1 contracts1 leases1 permits1 or rights-of-ways after the date of transfer from any sale1 bonus1 royalty1 or rental relating to that land in the same manner as amounts received from other land held by the ,secretary in trust for the ,tribe4 7#b7 ,improvements ,any improvements constituting personal property1 as defined by ,state law1 belonging to the holder of a right1 contract1 lease1 permit1 or right-of-way on lands transferred under this section shall remain the property of the holder and shall be removed not later than #ij days after the date on which the right1 contract1 lease1 permit1 or right-of-way expires1 unless the ,tribe and the holder agree otherwise4 ,any such property remaining beyond the #ij-;day period shall become the property of the ,tribe and shall be subject to removal and disposition at the ,tribe's discretion4 ,the holder shall be liable for the costs the ,tribe incurs in removing and disposing of the property4 7c7 ,withdrawal of ,federal lands 7#a7 ,in general ,subject to valid existing rights1 effective on the date of enactment of this ,act1 all ,federal lands within the parcels described in subsection 7a77#b7 are withdrawn from all forms of-- 7,a7 entry1 appropriation1 or disposal under the public land laws2 7,b7 location1 entry1 and patent under the mining laws2 and 7,c7 disposition under all laws pertaining to mineral and geothermal leasing or mineral materials4 7#b7 ,expiration ,the withdrawals pursuant to paragraph 7#a7 shall terminate on the date that the ,secretary takes the lands into trust for the benefit of the ,tribe pursuant to subsection 7a77#a74 7d7 ,technical corrections ,notwithstanding the descriptions of the parcels of land in subsection 7a77#b71 the ,united ,states may1 with the consent of the ,tribe1 make technical corrections to the legal land descriptions to more specifically identify the parcels to be exchanged4 7e7 ,survey 7#a7 ,unless the ,united ,states or the ,tribe requests an additional survey for the transferred land or a technical correction is made under subsection 7d71 the description of land under this section shall be controlling4 7#b7 ,if the ,united ,states or the ,tribe requests an additional survey1 that survey shall control the total acreage to be transferred into trust under this section4 7#c7 ,the ,secretary or the ,secretary of ,agriculture shall provide such assistance as may be appropriate-- 7,a7 to conduct additional surveys of the transferred land2 and 7,b7 to satisfy administrative requirements necessary to accomplish the land transfers under this section4 7f7 ,date of transfer ,the ,secretary shall issue trust deeds for all land transfers under this section by not later than #aj years after the ,enforceability ,date4 7g7 ,restriction on gaming ,lands taken into trust pursuant to this section shall not be considered to have been taken into trust for1 nor eligible for1 class ,,ii gaming or class ,,iii gaming 7as those terms are defined in section #d of the ,indian ,gaming ,regulatory ,act 7#be ,u4,s4,c4 #bgjc774 7h7 ,status of water rights on transferred lands ,any water rights associated with lands transferred pursuant to subparagraphs 7,a7 through 7,c7 of subsection 7a77#b7 shall be held in trust for the ,tribe but shall not be included in the ,tribal ,water ,right4 #i4 ,satisfaction of claims ,the benefits provided under this ,act shall be in complete replacement of1 complete substitution for1 and full satisfaction of any claim of the ,tribe against the ,united ,states that is waived and released by the ,tribe under section #aj7;a74 #aj4 ,waivers and releases of claims 7a7 ,in general 7#a7 ,waivers and releases of claims by the ,tribe and the ,united ,states as trustee for the ,tribe ,subject to the reservation of rights and retention of claims set forth in subsection 7c71 as consideration for recognition of the ,tribe's ,tribal ,water ,right and other benefits described in the #bjjg ,agreement and this ,act1 the ,tribe and the ,united ,states1 acting as trustee for the ,tribe1 shall execute a waiver and release of all claims for the following3 7,a7 ,all claims for water rights within the ,state of ,california based on any and all legal theories that the ,tribe or the ,united ,states acting as trustee for the ,tribe1 asserted or could have asserted in any proceeding1 including a general stream adjudication1 on or before the ,enforceability ,date1 except to the extent that such rights are recognized in the #bjjg ,agreement and this ,act4 7,b7 ,all claims for damages1 losses1 or injuries to water rights or claims of interference with1 diversion1 or taking of water rights 7including claims for injury to lands resulting from such damages1 losses1 injuries1 interference with1 diversion1 or taking of water rights7 within ,california against the ,state1 or any person1 entity1 corporation1 or municipality1 that accrued at any time up to and including the ,enforceability ,date4 7#b7 ,waiver and release of claims by the ,tribe against the ,united ,states ,subject to the reservation of rights and retention of claims under subsection 7c71 the ,tribe shall execute a waiver and release of all claims against the ,united ,states 7including any agency or employee of the ,united ,states7 for water rights within the ,state of ,california first arising before the ,enforceability ,date relating to-- 7,a7 water rights within the ,state of ,california that the ,united ,states1 acting as trustee for the ,tribe1 asserted or could have asserted in any proceeding1 including a general stream adjudication1 except to the extent that such rights are recognized as part of the ,tribal ,water ,right under this ,act2 7,b7 foregone benefits from nontribal use of water1 on and off the ,reservation 7including water from all sources and for all uses72 7,c7 damage1 loss1 or injury to water1 water rights1 land1 or natural resources due to loss of water or water rights 7including damages1 losses1 or injuries to hunting1 fishing1 gathering1 or cultural rights1 due to loss of water or water rights1 claims relating to interference with1 diversion1 or taking of water1 or claims relating to a failure to protect1 acquire1 replace1 or develop water1 water rights1 or water infrastructure7 within the ,state of ,california2 7,d7 a failure to establish or provide a municipal rural or industrial water delivery system on the ,reservation2 7,e7 damage1 loss1 or injury to water1 water rights1 land1 or natural resources due to construction1 operation1 and management of irrigation projects on the ,reservation and other ,federal land and facilities 7including damages1 losses1 or injuries to fish habitat1 wildlife1 and wildlife habitat72 7,f7 failure to provide for operation1 maintenance1 or deferred maintenance for any irrigation system or irrigation project2 7,g7 failure to provide a dam safety improvement to a dam on the ,reservation2 7,h7 the litigation of claims relating to any water rights of the ,tribe within the ,state of ,california2 7,i7 the negotiation1 execution1 or adoption of the #bjjg ,agreement 7including exhibits ,a-,f7 and this ,act2 7,j7 the negotiation1 execution1 or adoption of operational rules referred to in article #c4d of the #bjjg ,agreement in connection with any reservoir locations1 including any claims related to the resolution of operational rules pursuant to the dispute resolution processes set forth in the article #h of the #bjjg ,agreement1 including claims arising after the ,enforceability ,date2 and 7,k7 claims related to the creation or reduction of the ,reservation1 including any claims relating to the failure to ratify any treaties and any claims that any particular lands were intended to be set aside as a permanent homeland for the ,tribe but were not included as part of the present ,reservation4 7b7 ,effectiveness ,the waivers and releases under subsection 7a7 shall take effect on the ,enforceability ,date4 7c7 ,reservation of rights and retention of claims ,notwithstanding the waivers and releases under subsection 7a71 the ,tribe and the ,united ,states1 acting as trustee for the ,tribe1 shall retain-- 7#a7 all claims relating to the enforcement of1 or claims accruing after the ,enforceability ,date relating to water rights recognized under the #bjjg ,agreement1 any final court decree entered in the ,federal ,district ,court for the ,eastern ,district of ,california1 or this ,act2 7#b7 all claims relating to the right to use and protect water rights acquired after the date of enactment of this ,act2 7#c7 claims regarding the quality of water under-- 7,a7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq471 including claims for damages to natural resources2 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 seq47 7commonly referred to as the ,clean ,water ,act72 and 7,d7 any regulations implementing the ,acts described in subparagraphs 7,a7 through 7,c72 7#d7 all claims for damage1 loss1 or injury to land or natural resources that are not due to loss of water or water rights1 including hunting1 fishing1 gathering1 or cultural rights2 and 7#e7 all rights1 remedies1 privileges1 immunities1 and powers not specifically waived and released pursuant to this ,act or the #bjjg ,agreement4 7d7 ,effect of #bjjg ,agreement and ,act ,nothing in the #bjjg ,agreement or this ,act-- 7#a7 affects the authority of the ,tribe to enforce the laws of the ,tribe1 including with respect to environmental protections or reduces or extends the sovereignty 7including civil and criminal jurisdiction7 of any government entity2 7#b7 affects the ability of the ,united ,states1 acting as sovereign1 to carry out any activity authorized by law1 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 7,d7 the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq472 and 7,e7 any regulations implementing the ,acts described in subparagraphs 7,a7 through 7,d72 7#c7 affects the ability of the ,united ,states to act as trustee for any other ,indian ,tribe or an allotee of any other ,indian ,tribe2 7#d7 confers jurisdiction on any ,state court-- 7,a7 to interpret ,federal law relating to health1 safety1 or the environment2 7,b7 to determine the duties of the ,united ,states or any other party under ,federal law regarding health1 safety1 or the environment2 7,c7 to conduct judicial review of any ,federal agency action2 or 7,d7 to interpret ,tribal law2 or 7#e7 waives any claim of a member of the ,tribe in an individual capacity that does not derive from a right of the ,tribe4 7e7 ,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 ,enforceability ,date4 7#b7 ,effect of subsection ,nothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this ,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 7f7 ,expiration 7#a7 ,in general ,this ,act shall expire in any case in which the ,secretary fails to publish a statement of findings under section #aa by not later than-- 7,a7 #h years from the date of enactment of this ,act2 or 7,b7 such alternative later date as is agreed to by the ,tribe and the ,secretary1 after providing reasonable notice to the ,state of ,california4 7#b7 ,consequences ,if this ,act expires under paragraph 7#a7-- 7,a7 the waivers and releases under subsection 7a7 shall-- 7i7 expire2 and 7ii7 have no further force or effect2 7,b7 the authorization1 ratification1 confirmation1 and execution of the #bjjg ,agreement under section #d shall no longer be effective2 7,c7 any action carried out by the ,secretary1 and any contract or agreement entered into pursuant to this ,act1 shall be void2 7,d7 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 rights or contracts to use water and title to other property acquired or constructed with ,federal funds appropriated or made available to carry out the activities authorized by this ,act shall be returned to the ,federal ,government1 unless otherwise agreed to by the ,tribe and the ,united ,states and approved by ,congress2 and 7,e7 except for ,federal funds used to acquire or construct property that is returned to the ,federal ,government under subparagraph 7,d71 the ,united ,states shall be entitled to offset any ,federal funds made available to carry out this ,act that were expended or withdrawn1 or any funds made available to carry out this ,act from other ,federal authorized sources1 together with any interest accrued on those funds1 against any claims against the ,united ,states-- 7i7 relating to-- 7,i7 water rights in the ,state of ,california asserted by-- 7aa7 the ,tribe2 or 7bb7 any user of the ,tribal ,water ,right2 or 7,,ii7 any other matter covered by subsection 7a77#b72 or 7ii7 in any future settlement of water rights of the ,tribe4 #aa4 ,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 to the extent that the #bjjg ,agreement conflicts with the ,act1 the #bjjg ,agreement has been amended to conform with this ,act2 7#b7 the #bjjg ,agreement1 so revised1 includes waivers and releases of claims set forth in section #aj and has been executed by the parties1 including the ,united ,states2 7#c7 a final judgment and decree approving the #bjjg ,agreement1 including ,operation ,rules1 and binding all parties to the action has been entered by the ,court1 and all appeals have been exhausted2 7#d7 all of the amounts authorized to be appropriated under section #g7;a7 have been appropriated and deposited in the designated accounts2 and 7#e7 the waivers and releases under section #aj7;a7 have been executed by the ,tribe and the ,secretary4 #ab4 ,binding effect2 judicial approval2 enforceability 7a7 ,in general 7#a7 ,lawsuit #a or more ,parties may file suit in the ,court requesting the entry of a final judgement and decree approving the ,tribal ,water ,right and the #bjjg ,agreement1 provided that no such suit shall be filed until after-- 7,a7 the ,tribe has confirmed that the ,phase ,i ,reservoir will be sited at the location described in section #c4d4;,b47#a7 of the #bjjg ,agreement and that ,exhibit ,e governs operation of the ,phase ,i ,reservoir2 or 7,b7 the ,tribe has selected a substitute site for the ,phase ,i ,reservoir pursuant to section #c4d4;,b47#b77;a7 of the #bjjg ,agreement and-- 7i7 the ,parties have agreed on ,operation ,rules and the ,secretary has executed the #bjjg ,agreement2 or 7ii7 if the ,parties have reached an impasse in attempting to negotiate ,operation ,rules1 at least #a ,party has developed proposed ,operation ,rules to submit for judicial review and approval1 and has shared the proposed ,operation ,rules with the other ,parties at least #ij days in advance of filing the lawsuit4 7#b7 ,joining ,united ,states as party ,where suit is filed pursuant to this subsection1 including the satisfaction of the requirements in subparagraph 7,a7 or 7,b7 of paragraph 7#a71 the ,united ,states may be joined in litigation for the purposes set forth in this section4 7b7 ,judicial approval ,the ,court shall have exclusive jurisdiction to review and determine whether to approve the ,tribal ,water ,right and the #bjjg ,agreement1 and on doing so over any cause of action initiated by any ,party arising from a dispute over the interpretation of the #bjjg ,agreement or this ,act1 and any cause of action initiated by any ,party for the enforcement of the #bjjg ,agreement4 7c7 ,failure ,to agree on operation rules 7#a7 ,in general ,subject to subsection 7a77#a77;,b77ii71 the ,court shall have jurisdiction over a cause of action that a ,party initiates to establish ,operation ,rules1 where the ,parties failed to reach agreement on such ,operation ,rules4 7#b7 ,voluntary dispute resolution ,if a suit is filed under paragraph 7#a71 the ,court shall refer the ,parties to the voluntary dispute resolution program of the ,court4 7#c7 ,court selection of ,operation ,rules 7,a7 ,in general ,if the voluntary dispute resolution program does not1 after a reasonable amount of time as determined by the ,court1 result in agreed-on ,operation ,rules1 the ,court shall set a deadline by which any ,party or ,downstream ,water ,user may submit proposed ,operation ,rules and1 after briefing and hearing evidence1 select among the proffered ,operation ,rule based on the criteria set forth in paragraph 7#d74 7,b7 ,implementation of agreed-on ,operation ,rules ,once the ,court selects ,operation ,rules pursuant to subparagraph 7,a71 such ,operation ,rules shall thereafter control and shall be implemented by the ,parties pursuant to the terms directed by the ,court4 7#d7 ,criteria for ,court selection of ,operation ,rules 7,a7 ,in general ,the ,court shall select the proffered ,operation ,rules that1 if implemented1 would be the most effective in-- 7i7 regulating the flows in the ,south ,tule ,river to comply with the terms contained in the #bjjg ,agreement and the following diversion limits1 where the ,south ,tule ,independent ,ditch ,company's point of diversion is the point of measurement1 including-- 7,i7 where the natural flow is less than #c cubic feet per second 7referred to in this clause as cfs71 the ,tribe has a right to #a cfs2 7,,ii7 where the natural flow is greater than or equal to #c cfs and less than #e cfs1 the ,tribe has a right to #a cfs2 7,,iii7 where the natural flow is greater than or equal to #e cfs and less than #aj cfs1 the ,tribe has a right to #b cfs2 and 7,,iv7 where the natural flow is greater than or equal to #aj cfs1 the ,tribe has a right to any amount2 7ii7 minimizing adverse impact on the ,parties other than the ,tribe2 and 7iii7 maintaining the right of the ,tribe to the reasonable and economic use of water for domestic and stock purposes on the ,reservation4 7,b7 ,consideration of ,exhibit ,e ,in applying the criteria set forth in subparagraph 7,a71 the ,court should consider the ,operation ,rules governing the ,phase ,i ,reservoir described in section #c4d4;,b47#a7 of the #bjjg ,agreement1 as set forth in ,exhibit ,e to the #bjjg ,agreement1 which the ,parties agreed on based on consideration of that criteria4 7,c7 ,inconsistency of proposed ,operation ,rules with criteria 7i7 ,in general ,the ,court shall not approve the #bjjg ,agreement if the ,court finds that none of the proffered ,operation ,rules are consistent with the criteria set forth in subparagraph 7,a74 7ii7 ,alternative ,operation ,rules ,if the ,court finds that none of the proffered ,operation ,rules are consistent with the criteria set forth in subparagraph 7,a71 the ,court may establish an alternate process to allow the ,parties to develop alternate ,operation ,rules that are consistent with that criteria4 #ac4 ,miscellaneous provisions 7a7 ,waiver of sovereign immunity by the ,united ,states ,nothing in this ,act waives the sovereign immunity of the ,united ,states1 except as provided in section #ab7;a77#b74 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 ,tribe4 7c7 ,other water rights of ,united ,states not adversely affected ,nothing in this ,act quantifies or diminishes any other water right held by the ,united ,states other than as a ,downstream ,water ,user4 7d7 ,effect on current law ,nothing in this ,act affects any provision of law 7including regulations7 in effect on the day before the date of enactment of this ,act with respect to pre-enforcement review of any ,federal environmental enforcement action4 7e7 ,conflict ,in the event of a conflict between the #bjjg ,agreement and this ,act1 this ,act shall control4 #ad4 ,antideficiency ,the ,united ,states shall not be liable for any failure to carry out any obligation or activity authorized by this ,act1 including any obligation or activity under the #bjjg ,agreement if adequate appropriations are not provided by ,congress expressly to carry out the purposes of this ,act4