,,ii #aaith ,,congress #b;d ,session ,s4 #dcfh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bb1 #bjbf,mr4 ,padilla 7for himself and ,mr4 ,schiff7 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 rights claims of the ,agua ,caliente ,band of ,cahuilla ,indians1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,agua ,caliente ,band of ,cahuilla ,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 ,ratification of ,agreement4,sec4 #e4 ,tribal water right4,sec4 #f4 ,settlement trust fund4,sec4 #g4 ,funding4,sec4 #h4 ,enforceability date4,sec4 #i4 ,waiver and release of claims4,sec4 #aj4 ,satisfaction of claims4,sec4 #aa4 ,possessory interest tax4,sec4 #ab4 ,transfer of land into trust4,sec4 #ac4 ,conveyance of ,federal land to the ,coachella ,valley ,water ,district4,sec4 #ad4 ,miscellaneous provisions4,sec4 #ae4 ,antideficiency4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to achieve a fair1 equitable1 and final settlement of all claims in the ,state of ,california to rights to water for-- 7,a7 the ,tribe2 and 7,b7 the ,united ,states1 acting as trustee for the ,tribe and ,allottees2 7#b7 to achieve a fair1 equitable1 and final settlement of claims regarding the ,tribe's water related fees1 the ,,rac1 and the ,tribal ,possessory ,interest ,tax2 7#c7 to authorize1 ratify and confirm the ,agreement among the ,tribe1 ,,cvwd1 and ,,dwa to the extent that the ,agreement is consistent with this ,act2 7#d7 to authorize and direct the ,secretary-- 7,a7 to execute the ,agreement2 and 7,b7 to take any other actions necessary to carry out the ,agreement in accordance with this ,act2 7#e7 to authorize funds necessary for the implementation of the ,agreement and this ,act2 7#f7 to authorize the transfer of ,federal land to the ,tribe2 and 7#g7 to authorize the sale of ,federal land to ,,cvwd4 #c4 ,definitions ,in this ,act3 7#a7 ,adjacent lands ,the term ,adjacent ,lands means lands that ,,cvwd owns1 leases1 uses1 occupies1 controls1 or manages that are immediately adjacent to the ,facility4 7#b7 ,afy ,the term ,,afy means acre-feet per calendar year4 7#c7 ,agreement ,the term ,agreement means-- 7,a7 the document entitled ,agua ,caliente ,band of ,cahuilla ,indians ,water ,rights ,settlement ,agreement and dated ,may #ai1 #bjbe1 and exhibits attached thereto2 and 7,b7 any amendment to the document referred to in subparagraph 7,a7 7including an amendment to an exhibit7 that is executed to ensure that the ,agreement is consistent with this ,act4 7#d7 ,agua caliente or tribe ,the term ,agua ,caliente or ,tribe means the ,agua ,caliente ,band of ,cahuilla ,indians1 a federally recognized sovereign ,indian ,tribe with an elected legislative body operating under a ,constitution and by-laws approved by the ,commissioner of ,indian ,affairs on ,april #ah1 #aieg1 as amended4 7#e7 ,agua caliente development projects ,the term ,agua ,caliente ,development ,projects means water related projects which improve the water supply1 water reliability1 water infrastructure1 or water quality for the ,agua ,caliente ,indian ,reservation and_/or the ,indio ,subbasin4 7#f7 ,agua caliente indian reservation or reservation ,the terms ,agua ,caliente ,indian ,reservation or ,reservation means all land within the exterior boundaries of the ,reservation1 as established by ,presidential ,executive ,order1 ,federal patent1 or department order1 and any other lands that are held in trust by the ,united ,states for the ,tribe or ,allottees4 7#g7 ,agua caliente indian reservation trust land ,the term ,agua ,caliente ,indian ,reservation ,trust ,land means land or lands held in trust by the ,united ,states for the ,tribe or ,allottees4 7#h7 ,agua caliente litigation ,the term ,agua ,caliente ,litigation means ,agua ,caliente ,band of ,cahuilla ,indians v4 ,coachella ,valley ,water ,district1 et al41 ,,edcv #ac-hhc ,,jgb1 ,agua ,caliente ,band of ,cahuilla ,indians v4 ,coachella ,valley ,water ,district1 et al41 ,,edcv #bj-agd ,,jgb1 or both4 7#i7 ,agua caliente water authority or acwa ,the term ,agua ,caliente ,water ,authority or ,,acwa means the branch of the ,agua ,caliente ,tribal government established by the ,agua ,caliente ,water ,authority ,ordinance 7,chapter #g4ab of the ,tribal ,code74 7#aj7 ,allocate1 allocated or allocation ,the terms ,allocate1 ,allocated1 or ,allocation means the ,tribe's administration of the ,tribal ,water ,right under the ,tribe's ,water ,ordinance to ,allottees4 7#aa7 ,allotment ,the term ,allotment means a parcel of land held in trust by the ,united ,states for the benefit of an individual or individuals that is-- 7,a7 located within the exterior boundaries of the ,agua ,caliente ,indian ,reservation2 or 7,b7 ,bureau of ,indian ,affairs tract numbers #ehd-ajjf and #ehd-ajaj in ,riverside ,county1 ,california1 consisting of approximately #cg acres located in ,sections #c1 #aa1 #ac and #bi1 ,township #d ,south1 ,range #e ,east1 ,,sbbm1 set aside by the ,united ,states for the benefit of a ,tribal ,member4 7#ab7 ,allottee ,the term ,allottee means a person with a beneficial real property interest in an ,allotment4 7#ac7 ,bureau of land management or blm ,the term ,bureau of ,land ,management or ,,blm shall mean the ,bureau of ,land ,management in the ,united ,states ,department of the ,interior4 7#ad7 ,claims ,the term ,claims means rights1 claims1 demands1 actions1 compensation or causes of action1 whether known or unknown1 and arising under any source of law4 7#ae7 ,coachella valley water district or cvwd ,the terms ,coachella ,valley ,water ,district or ,,cvwd means a county water district formed in #aiah and organized and operating pursuant to the ,county ,water ,district ,law and the ,coachella ,district ,merger ,law of the ,california ,water ,code4 7#af7 ,decree court ,the term ,decree ,court means the ,united ,states ,district ,court for the ,central ,district of ,california or any successor ,federal court with jurisdiction over the ,agreement4 7#ag7 ,desert water agency or dwa ,the terms ,desert ,water ,agency or ,,dwa means an independent special district created by a special act of the ,california ,state ,legislature in #aifa4 7#ah7 ,distribute or distribution ,the term ,distribute or ,distribution means1 when referencing the ,tribal ,water ,right1 the provision of water by the ,tribe under the ,tribal ,water ,right to ,third ,parties through lease1 gift1 transfer1 or any other means4 7#ai7 ,diversion ,the term ,diversion means to receive1 withdraw1 develop1 produce1 or capture water using a ditch1 canal1 flume1 bypass1 pipeline1 pit1 collection or infiltration gallery1 conduit1 well1 pump1 turnout1 dam1 or any other mechanism or device4 7#bj7 ,domestic water ,the term ,domestic ,water means potable water suitable for human consumption that is delivered for any purpose to a residential customer1 nonresidential customer1 commercial or industrial customer1 governmental customer1 or institutional customer4 7#ba7 ,domestic water service ,the term ,domestic ,water ,service means the delivery of ,domestic ,water from ,,cvwd's or ,,dwa's water infrastructure 7including water pipelines1 booster stations1 wells1 treatment facilities1 reservoirs1 and hydrants7 and delivery of water for public and private fire protection service4 7#bb7 ,enforceability date ,the term ,enforceability ,date means the date described in section #h4 7#bc7 ,facility land ,the term ,facility ,land means the approximately #hdb4d acres of land depicted on the map attached to ,exhibit #e of the ,agreement and described as follows1 subject to a final survey by the ,united ,states and any technical corrections to conform to that survey3 ,san ,bernardino ,meridian,area ,a3 ,t4 #c,s41 ,r4 #c;,e1 section #ad3 ,s#a_/b,,ne#a_/d,,se#a_/d;,area ,b3 ,t4 #c,s41 ,r4 #c;,e1 section #ad3 ,,se#a_/d,,se#a_/d;,area ,c3 ,t4 #c,s41 ,r4 #c;,e1 section #bc3 ,,ne#a_/d,,ne#a_/d 7,,blm lot #d ,north of ,highway #aaa7;,area ,d3 ,t4 #c,s41 ,r4#c;,e1 section #bc2 ,,nw#a_/d,,ne#a_/d 7,north of ,highway #aaa7;,areas ,e1 ,f and ,g3 ,t4 #c,s1 ,r4 #c;,e1 section #bd3 ,n#a_/b,,ne#a_/d1 ,n#a_/b,,nw#a_/d 7,,blm lot #a and #b north of ,highway #aaa7;,areas ,h1 ,i and ,j3 ,t4 #c,s41 ,r4 #d;,e4 section #bj3 ,s#a_/b,,ne#a_/d1 ,s#a_/b,,nw#a_/d1 ,s#a_/b;,areas ,k and ,l3 ,t4 #c,s41 ,r4 #d;,e4 section #bh3 ,w#a_/b,,nw#a_/d,,nw#a_/d1 ,,nw#a_/d,,sw#a_/d,,nw#a_/d;,area ,m3 ,t4 #c,s41 ,r4 #d;,e4 section #cj3 ,n#a_/b,,ne#a_/d 7north of ,highway #aaa7 7#bd7 ,final decree ,the term ,final ,decree means the ,final ,judgment and ,decree to be entered by the ,decree ,court with respect to the ,tribal ,water ,right-- 7,a7 that is substantially in the form set forth in ,exhibit #b of the ,agreement1 as amended if needed to ensure consistency with this ,act2 and 7,b7 from which no further appeal may be taken4 7#be7 ,groundwater ,the term ,groundwater means the water beneath the surface of the ground and within the zone of saturation that is below the water table of the ,indio ,subbasin excluding water flowing in defined beds and banks of creeks and rivers4 7#bf7 ,imported water ,the term ,imported ,water means water that any person or entity imports into the ,indio ,subbasin4 7#bg7 ,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 #ecjd74 7#bh7 ,indio subbasin ,the term ,indio ,subbasin means the ,indio ,subbasin 7,subbasin #g-ba4ja7 as defined by ,california ,department of ,water ,resources ,bulletin #aah4 7#bi7 ,irrigation ,the term ,irrigation means water used for agricultural purposes4 7#cj7 ,memorandum of cooperation ,the term ,memorandum of ,cooperation means the ,memorandum of ,cooperation ,regarding ,water ,management among and between ,agua ,caliente1 ,,cvwd1 and ,,dwa 7attached as ,exhibit #a to the ,agreement74 7#ca7 ,most likely descendant ,the term ,most ,likely ,descendant has the same meaning as used in ,california ,code1 ,public ,resources ,code #ejig4ih4 7#cb7 ,native groundwater ,the term ,native ,groundwater means the water which naturally replenishes and accumulates in the aquifer and does not include ,imported ,water4 7#cc7 ,non-consumptive use ,the term ,non-,consumptive ,use means any use that does not remove water from a natural water body4 7#cd7 ,operations1 maintenance1 and replacement ,the term operations1 maintenance1 and replacement means-- 7,a7 any recurring or ongoing activity associated with the day-to-day operation of a project2 7,b7 any activity related to scheduled or unscheduled maintenance of a project2 and 7,c7 any activity relating to repairing1 replacing1 or rehabilitating a feature of a project4 7#ce7 ,other public agency ,the term ,other ,public ,agency shall mean any and all political subdivisions or public agencies of the ,state of ,california1 other than ,riverside ,county1 that but for the preemption in this ,act otherwise would have received revenue from the ,riverside ,county ,ad ,valorem ,property ,tax imposed on ,possessory ,interests4 7#cf7 ,parties ,the term ,parties means ,agua ,caliente1 ,,cvwd1 ,,dwa1 and the ,united ,states4 7#cg7 ,possessory interest ,the term ,possessory ,interest means possession of1 claim to1 or right of possession of land or improvements that is independent1 durable1 and exclusive of rights held by others in the property1 except when coupled with ownership of the land or improvements in the same person when such lands or improvements are within the exterior boundaries of ,agua ,caliente ,indian ,reservation ,trust ,land4 7#ch7 ,produce1 producing1 or production of water ,the terms ,produce1 ,producing1 or ,production of water means the extraction of ,groundwater or the diversion of surface water1 by pumping or any other method4 7#ci7 ,rac ,the term ,,rac means the replenishment assessment charge that a ,water ,district levies on the production of ,groundwater or the diversion of surface water as described in ,cal4 ,water ,code #cafcj1 et seq4 or ,cal4 ,water ,code ,appendix #ajj-ae4d7;b71 or any comparable charge or fee4 7#dj7 ,reservation customer ,the term ,reservation ,customer means water users located on ,agua ,caliente ,indian ,reservation ,trust ,land receiving delivery of ,domestic ,water from the ,water ,districts4 7#da7 ,riverside county ,the term ,riverside ,county means the ,county of ,riverside in the ,state of ,california4 7#db7 ,riverside county ad valorem property tax ,the term ,riverside ,county ,ad ,valorem ,property ,tax means the ad valorem property tax imposed by ,riverside ,county on a ,possessory ,interest1 as authorized by the ,california ,constitution1 article ,,xiii1 section #a1 on behalf of various taxing entities1 that is subject to the limit described in section #ic7;b7 of the ,california ,revenue ,taxation ,code or any similar tax levied by the ,riverside ,county in the future4 ,the term shall not include any tax levy on behalf of any taxing entity that is not subject to the limit described in section #ic7;b71 such as any levy identified in sections #ic7;a71 #ic7;c71 or #if4ca7;a7 of the ,california ,revenue ,taxation ,code4 7#dc7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#dd7 ,state ,the term ,state means the ,state of ,california and all officers1 agents1 departments1 and political subdivisions of the ,state of ,california4 7#de7 ,tax apportionment schedule ,the term ,tax ,apportionment ,schedule means the schedule established by ,riverside ,county for distributing funds from the ,riverside ,county ,ad ,valorem ,property ,tax to taxing entities4 7#df7 ,tribal cultural resource ,the terms ,tribal ,cultural ,resource means-- 7,a7 human remains and associated grave goods2 7,b7 a burial site 7as defined in section #b of the ,native ,american ,graves ,protection and ,repatriation ,act 7#be ,u4,s4,c4 #cjja772 7,c7 cultural items 7as defined in section #b of the ,native ,american ,graves ,protection and ,repatriation ,act 7#be ,u4,s4,c4 #cjja772 7,d7 archaeological resources 7as defined in section #c of the ,archaeological ,resources ,protection ,act of #aigi 7#af ,u4,s4,c4 #dgj;bb772 or 7,e7 ,native ,american historic property 7as defined in section #cjjcjh of title #ed1 ,united ,states ,code74 7#dg7 ,tribal law ,the term ,tribal ,law means any law duly enacted by ,agua ,caliente4 7#dh7 ,tribal member ,the term ,tribal ,member means any person who is a duly enrolled member of the ,agua ,caliente4 7#di7 ,tribal possessory interest tax ,the term ,tribal ,possessory ,interest ,tax or ,tribal ,tax means the ,tribe's tax on ,possessory ,interests that the ,tribe has the sovereign governmental authority to impose1 assess1 collect1 and disburse pursuant to this ,act4 7#ej7 ,tribal possessory interest tax ordinance ,the term ,tribal ,possessory ,interest ,tax ,ordinance means an ordinance adopted by ,agua ,caliente and authorized by this ,act governing the imposition1 assessment1 levy1 charge1 or collection of the ,tribal ,possessory ,interest ,tax on the ,reservation4 7#ea7 ,tribal production fee ,the term ,tribal ,production ,fee means the fee authorized by this ,act that ,agua ,caliente may levy or impose under ,tribal ,law on the ,production of ,groundwater that is part of the ,tribal ,water ,right4 7#eb7 ,tribal water delivery charge ,the term ,tribal ,water ,delivery ,charge means the charge authorized by this ,act that ,agua ,caliente may levy or impose under ,tribal ,law on ,reservation ,customers using the ,tribal ,water ,right and that is retained by a ,water ,district pursuant to a water services contract4 7#ec7 ,tribal water fee ,the term ,tribal ,water ,fee means the fee authorized by this ,act that ,agua ,caliente may levy or impose under ,tribal ,law on ,reservation ,customers receiving the delivery of ,domestic ,water4 7#ed7 ,tribal water right ,the term ,tribal ,water ,right means the ,agua ,caliente's water rights-- 7,a7 as identified in ,section ,,iii of the ,agreement and section #e of this ,act1 and 7,b7 as confirmed in the ,final ,decree4 7#ee7 ,tribe's water ordinance ,the term ,tribe's ,water ,ordinance means the ,agua ,caliente ,water ,authority ,ordinance 7,chapter #g4ab of the ,tribal ,code71 as amended1 or any other ordinance enacted by ,agua ,caliente governing water on the ,reservation4 7#ef7 ,united states ,the term ,united ,states means the ,united ,states of ,america and all departments1 agencies1 bureaus1 officers1 and agents thereof4 7#eg7 ,use or using or used ,the terms ,use or ,using or ,used mean the consumption1 application1 or other use of water for any purpose1 including but not limited to by allocation1 distribution1 exchange1 or lease4 7#eh7 ,water district ,the term ,water ,district means ,,cvwd or ,,dwa4 7#ei7 ,water districts ,the term ,water ,districts means ,,cvwd and ,,dwa4 7#fj7 ,whitewater river recharge facility or facility ,the terms ,whitewater ,river ,recharge ,facility or ,facility mean the facility that ,,cvwd operates northwest of ,palm ,springs that ,,cvwd1 in cooperation with ,,dwa1 uses to replenish the ,indio ,subbasin4 #d4 ,ratification of ,agreement 7a7 ,ratification 7#a7 ,in general ,except as modified by this ,act1 and to the extent that the ,agreement does not conflict with this ,act1 the ,agreement is authorized1 ratified1 and confirmed4 7#b7 ,amendments ,if an amendment to the ,agreement or an exhibit to the ,agreement requiring the signature of the ,secretary is executed in accordance with this ,act to make the ,agreement consistent with this ,act1 the amendment is authorized1 ratified1 and confirmed4 7b7 ,execution 7#a7 ,in general ,to the extent the ,agreement does not conflict with this ,act1 the ,secretary shall execute the ,agreement1 including all exhibits to or parts of the ,agreement requiring the signature of the ,secretary4 7#b7 ,modifications ,nothing in this ,act prohibits the ,secretary1 after execution of the ,agreement1 from approving any modification to the ,agreement1 including an exhibit to the ,agreement1 that is consistent with this ,act1 to the extent that the modification does not otherwise require congressional approval under #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 ,agreement and this ,act1 the ,secretary shall comply with-- 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 applicable implementing regulations of that ,act2 and 7,c7 all other applicable ,federal environmental laws and regulations4 7#b7 ,compliance 7,a7 ,in general ,in implementing the ,agreement and this ,act1 the ,tribe shall prepare any necessary environmental documents consistent with-- 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 #dcba et seq471 including the applicable 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 required 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 ,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#d7 ,costs ,any costs associated with the performance of the compliance activities under this subsection shall be paid from funds deposited in the ,agua ,caliente ,settlement ,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 to be valid4 7#b7 ,quantification ,the ,tribal ,water ,right consists of the right to ,produce and_/or ,use up to #bj1jjj ,,afy of ,groundwater as provided in ,section ,,iii of the ,agreement4 7#c7 ,priority ,the ,tribal ,water ,right shall have a priority date no later than the #ahgf and #ahgg ,executive ,orders establishing the ,reservation and is prior and paramount to all rights claimed by the ,water ,districts to ,native ,groundwater in the ,indio ,subbasin4 7#d7 ,use ,any ,use of the ,tribal ,water ,right shall be subject to the terms and conditions of the ,agreement and this ,act4 7b7 ,intent of congress ,it is the intent of ,congress to provide to each ,allottee benefits that are equivalent to1 or exceed1 the benefits the ,allottees possess on the day before the enactment of this ,act1 taking into consideration-- 7#a7 the potential risks1 costs1 and time delay associated with litigation that would be resolved by the ,agreement and this ,act2 7#b7 the availability of funding under this ,act from other sources2 7#c7 the availability of water from the ,tribal ,water ,right2 and 7#d7 the applicability of section #g of the ,act of ,february #h1 #ahhg 7#bd ,stat4 #cij1 chapter #aai2 #be ,u4,s4,c4 #cha71 and this ,act to protect the interest of ,allottees4 7c7 ,trust status of the tribal water right ,the ,tribal ,water ,right shall be held in trust by the ,united ,states on behalf of ,agua ,caliente and ,allottees in accordance with the ,agreement and this ,act4 ,the ,tribal ,water ,right shall not be subject to ,state law1 regulation1 or jurisdiction1 except as part of a comprehensive adjudication of ,groundwater rights in the ,indio ,subbasin if permitted by applicable ,federal law4 7d7 ,forfeiture and abandonment ,the ,tribal ,water ,right shall not be subject to loss through non-use1 forfeiture1 abandonment1 or other operation of law4 7e7 ,authority of the tribe 7#a7 ,in general ,agua ,caliente shall have the authority to ,use the ,tribal ,water ,right on the ,reservation in accordance with the ,agreement1 this ,act1 and applicable ,federal law4 7#b7 ,use off the reservation 7,a7 ,in general ,agua ,caliente may ,use the ,tribal ,water ,right off the ,reservation1 subject to and in accordance with the terms of the ,agreement1 this ,act1 applicable ,federal law1 and subject to the approval of the ,secretary4 7,b7 ,maximum term ,the maximum term of any lease1 including all renewals under this paragraph1 shall not exceed #ii years4 7#c7 ,allottee lease rights ,an ,allottee may lease any interest in land held by an ,allottee1 together with any portion of the ,tribal ,water ,right determined to be appurtenant to the interest in the land1 in accordance with the ,tribe's ,water ,ordinance1 this ,act1 and the ,agreement4 7#d7 ,lawful purpose ,subject to the terms of the ,agreement and this ,act1 ,agua ,caliente may ,use the ,tribal ,water ,right for any lawful purpose4 7#e7 ,reuse ,agua ,caliente may reuse water that has been produced as part of the ,tribal ,water ,right1 subject to and in accordance with the terms of the ,agreement4 7f7 ,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 arrangement entered into pursuant to this ,act shall be considered to satisfy any requirement for authorization of the action required by ,federal law4 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 7#d7 ,forbearance by the tribe ,groundwater on which the ,tribe does not impose a ,tribal ,production ,fee in accordance with the forbearance provisions of ,section ,v7,a77#c7 of the ,agreement will not be counted as a portion of the ,tribal ,water ,right1 and the failure to impose a ,tribal ,production ,fee pursuant to ,section ,v7,a77#c7 of the ,agreement will not result in the forfeiture or abandonment or loss by other operation of law of any portion of the ,tribal ,water ,right4 7g7 ,water related fees 7#a7 ,preemption of the rac ,the ,tribal ,water ,right shall not be subject to a ,,rac1 in accordance with the ,agreement4 ,the provisions of this subsection shall preempt any and all ,state or local laws1 decisions1 rules1 regulations1 or actions having the effect of law insofar and only insofar as they are inconsistent with the provisions of this subsection4 7#b7 ,tribal production fee ,the ,tribe shall have the authority to impose1 assess1 and collect a ,tribal ,production ,fee1 subject to and in accordance with the terms of the ,agreement4 ,the ,tribal ,production ,fee shall be governed exclusively by this subsection1 the ,agreement1 and the ,tribe's ,water ,ordinance4 7#c7 ,tribal water fee ,the ,tribe shall have the authority to impose1 assess1 and collect a ,tribal ,water ,fee1 subject to and in accordance with the terms of the ,agreement4 ,the ,tribal ,water ,fee shall be governed exclusively by this subsection1 the ,agreement1 and the ,tribe's ,water ,ordinance4 7#d7 ,tribal water delivery charge ,the ,tribe shall have the authority to impose1 assess1 and collect a ,tribal ,water ,delivery ,charge1 subject to and in accordance with the terms of the ,agreement4 ,the ,tribal ,water ,delivery ,charge shall be governed exclusively by this subsection1 the ,agreement1 and the ,tribe's ,water ,ordinance4 7#e7 ,tribal deliveries ,subject to and in accordance with the ,agreement1 the ,tribe shall have the right to deliver water to water users on the ,reservation ,using the ,tribal ,water ,right at rates1 fees1 and terms and conditions determined by the ,tribe4 ,such ,use of the ,tribal ,water ,right shall not be subject to a ,,rac4 7h7 ,allottees 7#a7 ,applicability of the 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 purposes1 shall apply to the ,tribal ,water ,right4 7#b7 ,entitlement to water ,any entitlement to water of an ,allottee under ,federal law shall be satisfied from the ,tribal ,water ,right and from the ,tribe's surface water rights identified in subsection 7m77#a74 7#c7 ,allocations ,an ,allottee shall be entitled to a just and equitable distribution of water for ,irrigation purposes4 7#d7 ,claims 7,a7 ,exhaustion of remedies ,before asserting any claim against the ,united ,states under section #g of the ,act of ,february #h1 #ahhg 7#bd ,stat4 #cij1 chapter #aai1 #be ,u4,s4,c4 #cha71 or any other applicable law1 an ,allottee shall exhaust remedies available under the ,tribe's ,water ,ordinance or other applicable ,tribal ,law4 7,b7 ,action for relief ,after the exhaustion of all remedies available under the ,tribe's ,water ,ordinance or other applicable ,tribal ,law1 an ,allottee may seek relief under section #g of the ,act of ,february #h1 #ahhg 7#bd ,stat4 #cij1 chapter #aai2 #be ,u4,s4,c4 #cha71 or other applicable law4 7#e7 ,authority of the secretary ,the ,secretary shall have the authority to protect the rights of ,allottees in accordance with this section4 7i7 ,the tribe's water ordinance ,to the extent necessary1 and subject to and in accordance with the approval of the ,secretary1 the ,tribe shall amend the ,tribe's ,water ,ordinance to provide-- 7#a7 that use of water by ,allottees shall be satisfied with water from the ,tribal ,water ,right and the ,tribe's surface water right described in subsection 7m77#a72 7#b7 a process by which an ,allottee may request that the ,tribe provide water for ,irrigation in accordance with this ,act1 including the provision of water under any ,allottee lease under section #d of the ,act of ,june #be1 #aiaj 7#cf ,stat4 #hef1 chapter #dca2 #be ,u4,s4,c4 #djc72 7#c7 a due process system for the consideration and determination by the ,tribe of any request of an ,allottee 7or a successor in interest to an ,allottee7 for an allocation of water for ,irrigation on an ,allotment1 including a process for-- 7,a7 appeal and adjudication of any denied or disputed distribution of water2 7,b7 resolution of any contested administrative decision2 and 7,c7 a requirement that any ,allottee asserting a claim relating to the enforcement of rights of the ,allottee under the ,tribe's ,water ,ordinance1 including to the quantity of water allocated to land of the ,allottee1 shall exhaust all remedies available to the ,allottee under ,tribal ,law before initiating an action against the ,united ,states or petitioning the ,secretary pursuant to subsection 7h77#d77;,b72 and 7#d7 a process by which an owner of fee land within the ,reservation may apply for ,use of a portion of the ,tribal ,water ,right1 subject to and in accordance with the ,agreement and this ,act4 7j7 ,action by the secretary 7#a7 ,in general ,during the period beginning on the date of enactment of this ,act and ending on the date on which the ,tribe's ,water ,ordinance is amended pursuant to subsection 7i71 the ,secretary shall administer1 with respect to the rights of the ,allottees1 the ,water ,rights identified under subsection 7i77#a74 7#b7 ,approval ,the ,tribe's ,water ,ordinance1 amended pursuant to subsection 7i71 shall not be valid unless-- 7,a7 the amendments described in that subsection have been approved by the ,secretary2 and 7,b7 each subsequent amendment to the ,tribe's ,water ,ordinance that affects the rights of an ,allottee is approved by the ,secretary4 7#c7 ,approval period 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,secretary shall approve or disapprove the ,tribe's ,water ,ordinance amendments described in subsection 7i7 not later than #ahj days after the date on which the amendments are submitted to the ,secretary4 7,b7 ,extension ,the deadline described in subparagraph 7,a7 may be extended by the ,secretary after consultation with the ,tribe4 7k7 ,effect ,except as otherwise expressly provided in this section1 nothing in this ,act-- 7#a7 authorizes any action by an ,allottee against any individual or entity1 or against ,agua ,caliente1 under ,federal1 ,state1 ,tribal1 or local law2 or 7#b7 alters or affects the status of any action brought pursuant to section #adia7;a7 of title #bh1 ,united ,states ,code4 7l7 ,domestic water service ,subject to and in accordance with the ,agreement1 the ,water ,districts shall have the authority to provide ,domestic ,water ,service on the ,reservation4 7m7 ,tribe's surface water rights 7#a7 ,tahquitz creek and andreas creek ,the ,tribe's water rights in ,tahquitz ,creek and ,andreas ,creek1 as described in ,section ,,vii7,a7 of the ,agreement1 shall be held in trust by the ,united ,states on behalf of the ,tribe and ,allottees in accordance with the ,agreement and this ,act4 ,the ,tribe's ,diversion and ,use of the surface water shall be subject to and in accordance with the ,agreement4 7#b7 ,whitewater ranch ,the ,tribe's water rights to the surface water at ,whitewater ,ranch1 as described in ,section ,,vii7,b7 of the ,agreement1 shall be held in trust by the ,united ,states on behalf of the ,tribe in accordance with the ,agreement and this ,act4 ,the ,tribe's ,diversion and ,use of the surface water shall be subject to and in accordance with the ,agreement4 7n7 ,traditional and cultural uses ,the ,tribe and ,tribal ,members shall have the right to produce and use water from wells1 streams1 seeps1 and springs on the ,reservation for traditional and cultural purposes4 ,such uses shall not be counted as use of the ,tribal ,water ,right as long as it is for ,non-consumptive use4 7o7 ,storage of imported water ,the ,tribe shall have the right to store ,imported ,water in the ,indio ,subbasin and recover such stored water1 subject to and in accordance with the ,agreement4 #f4 ,settlement trust fund 7a7 ,establishment ,the ,secretary shall establish a trust fund1 to be known as the ,agua ,caliente ,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 amounts deposited in the ,agua ,caliente ,settlement ,trust ,fund under subsection 7c71 together with any investment earnings1 including interest1 earned on those amounts1 for the purpose of carrying out this ,act4 7b7 ,agua caliente settlement trust fund accounts ,the ,secretary shall establish in the ,agua ,caliente ,settlement ,trust ,fund the following accounts3 7#a7 ,agua ,caliente ,development ,projects ,account4 7#b7 ,agua ,caliente ,groundwater ,augmentation ,account4 7#c7 ,agua ,caliente ,water ,management ,account4 7#d7 ,agua ,caliente ,operation1 ,maintenance1 and ,replacement ,costs ,account4 7c7 ,deposits ,the ,secretary shall deposit in the ,agua ,caliente ,settlement ,trust ,fund the amounts made available under section #g7;a74 7d7 ,management and interest 7#a7 ,management ,on receipt and deposit of funds into the ,agua ,caliente ,settlement ,trust ,fund under subsection 7c71 the ,secretary shall manage1 invest1 and distribute all amounts in the ,agua ,caliente ,settlement ,trust ,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 subsection4 7#b7 ,investment earnings ,in addition to the amounts deposited under subsection 7c71 any investment earnings1 including interest1 earned on those amounts1 held in the ,agua ,caliente ,settlement ,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 ,agua ,caliente ,settlement ,trust ,fund1 including any investment earnings or interest earned on those amounts1 shall be made available to the ,tribe by the ,secretary beginning on the ,enforceability ,date1 subject to the requirements of this section1 except for funds to be made available to the ,tribe pursuant to paragraph 7#b74 7#b7 ,implementation and initial development project funds ,notwithstanding paragraph 7#a71 #ej1jjj1jjj of the amounts deposited into the ,agua ,caliente ,development ,projects ,account shall be available to the ,tribe on the date on which the amounts are deposited1 for uses described in subsection 7h77#a74 7f7 ,withdrawals 7#a7 ,withdrawals by the tribe 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 ,agua ,caliente ,settlement ,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 ,agua ,caliente ,settlement ,trust ,fund1 and any investment earnings 7including interest7 earned in those amounts1 through the investments under the ,tribal management plan1 in accordance with this ,act and the ,agreement4 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 ,agua ,caliente ,settlement ,trust ,fund under subparagraph 7,a7 are used in accordance with this ,act4 7#b7 ,withdrawals by tribe pursuant to an expenditure plan 7,a7 ,in general ,the ,tribe may submit to the ,secretary a request to withdraw amounts from the ,agua ,caliente ,settlement ,trust ,fund pursuant to an approved expenditure plan4 7,b7 ,requirements ,to be eligible to withdraw amounts under an expenditure plan under subparagraph 7,a71 the ,tribe shall submit to the ,secretary an expenditure plan for any portion of the ,agua ,caliente ,settlement ,trust ,fund 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 ,act and the ,agreement4 7,c7 ,inclusions ,an expenditure plan submitted under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the ,agua ,caliente ,settlement ,trust ,fund will be used by the ,tribe1 in accordance with this subsection and subsection 7h74 7,d7 ,approval ,the ,secretary shall approve an expenditure plan submitted under subparagraph 7,a7 if the ,secretary determines that the expenditure 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 withdrawn 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 by the ,secretary relating to whether to approve the ,tribal management plan under paragraph 7#a7 of subsection 7f7 or an expenditure plan under paragraph 7#b7 of that subsection1 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 7#a7 ,agua caliente development projects account ,the ,agua ,caliente ,development ,projects ,account established under subsection 7b77#a7 may be used for the cost of planning1 permitting1 designing1 engineering1 investing in1 and constructing water-related projects and facilities which improve the water supply1 water reliability1 water infrastructure1 or water quality for water supplying the ,agua ,caliente ,indian ,reservation or the ,indio ,subbasin1 including but not limited to recycling projects1 and for conducting related activities1 including environmental compliance in the development and construction of projects under this ,act4 7#b7 ,agua caliente groundwater augmentation account ,the ,agua ,caliente ,groundwater ,augmentation ,account established under subsection 7b77#b7 shall be used by the ,tribe1 subject to and in accordance with the ,agreement1 to reimburse1 together with any interest earned on those funds1 the ,water ,districts for investments that the ,water ,districts have made or will make in projects that will augment ,groundwater supplies in the ,indio ,subbasin and support ,groundwater levels under the ,reservation4 7#c7 ,agua caliente water management account ,the ,agua ,caliente ,water ,management ,account established under subsection 7b77#c7 may be used for ,tribal ,water ,right management and administration4 7#d7 ,agua caliente operation1 maintenance1 and replacement costs account ,the ,agua ,caliente ,operation1 ,maintenance and ,replacement ,costs ,account established under subsection 7b77#d7 may be used for operating1 maintaining1 rehabilitating1 reconstructing and replacing water infrastructure for any ,agua ,caliente ,development ,projects1 including but not limited to recycled water 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 ,agua ,caliente ,settlement ,trust ,fund by the ,tribe under paragraph 7#a7 or 7#b7 of subsection 7f74 7j7 ,expenditure reports ,the ,tribe shall annually submit to the ,secretary an expenditure report describing accomplishments and amounts spent from the use of withdrawals under the ,tribal management plan or an expenditure plan under paragraph 7#a7 or 7#b7 of subsection 7f71 as applicable4 7k7 ,no per capita distributions ,no portion of the ,agua ,caliente ,settlement ,trust ,fund shall be distributed on a per capita basis to any ,tribal ,member4 7l7 ,title to infrastructure 7#a7 ,title to1 control over1 and operation of any project constructed using funds from the ,agua ,caliente ,settlement ,trust ,fund shall remain in the ,tribe1 unless the ,tribe otherwise agrees1 and except for projects that receive funding under this ,act1 only through the ,agua ,caliente ,groundwater ,augmentation ,account1 in accordance with the ,agreement4 7#b7 ,notwithstanding section #e7;i71 if the ,tribe and a ,water ,district agree to fund a project from both the ,agua ,caliente ,groundwater ,augmentation ,account and other sources of funding secured by the ,tribe1 the ,tribe and ,water ,district will determine appropriate title1 control1 and operation of the project or project components4 7m7 ,operation1 maintenance1 and replacement costs 7#a7 ,all operation1 maintenance1 and replacement costs of any project constructed using funds from the ,agua ,caliente ,settlement ,trust ,fund shall be the responsibility of the ,tribe1 unless the ,tribe otherwise agrees1 and except for projects that receive funding under this ,act1 only through the ,agua ,caliente ,groundwater ,augmentation ,account1 in accordance with the ,agreement4 7#b7 ,notwithstanding section #e7;i71 if the ,tribe and a ,water ,district agree to fund a project from both the ,agua ,caliente ,groundwater ,augmentation ,account and other sources of funding secured by the ,tribe1 the ,tribe and ,water ,district will determine the appropriate sharing of operation1 maintenance1 and replacement costs4 #g4 ,funding 7a7 ,mandatory appropriations ,out of any money in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary the following amounts to deposit in the following accounts3 7#a7 ,agua caliente development projects account #cjj1jjj1jjj1 to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury4 7#b7 ,agua ,caliente ,groundwater augmentation account #ajj1jjj1jjj1 to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury4 7#c7 ,agua ,caliente ,water management account #ej1jjj1jjj1 to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury4 7#d7 ,agua ,caliente ,operation1 maintenance and replacement costs account #ej1jjj1jjj1 to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury4 7b7 ,fluctuation in costs 7#a7 ,in general ,the amounts appropriated under subsection 7a7 shall be increased or decreased1 as appropriate1 by such amounts as may be justified by reason of ordinary fluctuations in costs1 as indicated by the ,bureau of ,reclamation ,construction ,cost ,index-,composite ,trend4 7#b7 ,construction cost adjustment ,the amounts 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 costs indices1 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 authorized amount1 as adjusted1 has been appropriated4 7#d7 ,period of indexing ,the period of indexing and adjustment under this subsection for any increment of funding shall start on ,may #ai1 #bjbe1 and shall end on the date on which funds are deposited in the ,agua ,caliente ,settlement ,trust ,fund4 #h4 ,enforceability date 7a7 ,in general ,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 ,agreement conflicts with this ,act1 the ,agreement has been amended to conform with this ,act2 7#b7 the ,agreement1 as amended1 has been executed by the all the parties to the ,agreement1 including the ,united ,states2 7#c7 ,congress has fully appropriated1 or the ,secretary has provided from other sources1 all funds for deposit in the accounts under section #g7;a72 7#d7 the ,decree ,court has approved the ,agreement and entered the ,final ,judgment and ,decree2 and 7#e7 the waivers and releases under section #i have been executed by the ,tribe and the ,secretary4 7b7 ,expiration 7#a7 ,in general ,this ,act shall expire in any case in which the ,secretary fails to publish a statement of findings under subsection 7a7 by not later than-- 7,a7 ,december #ca1 #bjce2 or 7,b7 such alternative later date as is agreed to by the ,tribe1 the ,secretary1 ,,cvwd1 and ,,dwa4 7#b7 ,consequences ,if this ,act expires under paragraph 7#a7-- 7,a7 the waivers and releases under subsections 7a71 7b71 and 7c7 of section #i shall not become effective2 7,b7 the authorization1 ratification1 confirmation1 and execution of the ,agreement under section #d shall no longer be effective2 7,c7 any action carried out by the ,secretary1 and contract or agreement entered into1 pursuant to this ,act 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 ,act1 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 ,claim against the ,united ,states relating to water rights in the ,state as asserted by the ,tribe or any user of the ,tribe's rights or any other matter covered by this subsection2 or in any future settlement of water rights of the ,tribe4 #i4 ,waiver and release of claims 7a7 ,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 7e71 as consideration for the recognition of the ,tribal ,water ,right and the other benefits described in the ,agreement and this ,act1 the ,tribe on its own behalf 7and on behalf of ,tribal ,members where the ,claims of the ,tribal ,members derive from rights of the ,tribe7 and the ,united ,states1 acting as trustee for the ,tribe1 shall execute a waiver and release of all ,claims for-- 7#a7 water rights that the ,tribe1 or the ,united ,states acting as trustee for the ,tribe1 asserted or could have asserted in any proceeding1 including the ,agua ,caliente ,litigation1 on or before the ,enforceability ,date1 except to the extent that such rights are recognized in the ,agreement and this ,act2 7#b7 rights to pore space that the ,tribe1 or the ,united ,states acting as trustee for the ,tribe1 asserted or could have asserted in any proceeding1 including the ,agua ,caliente ,litigation1 on or before the ,enforceability ,date1 except to the extent that rights related to pore space are recognized in the ,agreement and this ,act2 7#c7 damages1 losses1 or injuries to water rights or claims of interference with1 diversion of1 or taking of water rights 7including ,claims for injury to land resulting from such damages1 losses1 injuries1 interference with1 diversion1 or taking of water rights7 against ,,cvwd or ,,dwa arising or occurring at any time up to and including the ,enforceability ,date or arising or occurring after the ,enforceability ,date as the result of actions consistent with the provisions of the ,agreement and this ,act2 7#d7 damages1 losses1 or injuries resulting from ,groundwater overdraft1 including subsidence or loss of storage capacity1 against ,,cvwd or ,,dwa arising or occurring at any time up to and including the ,enforceability ,date or arising or occurring after the ,enforceability ,date as the result of actions consistent with the provisions of the ,agreement and this ,act2 7#e7 damages1 losses1 or injuries resulting from ,,cvwd's or ,,dwa's imposition1 assessment1 levy1 charge1 or collection of ,,rac on the ,reservation at any time up to and including the ,enforceability ,date or arising or occurring after the ,enforceability ,date as the result of actions consistent with the provisions of the ,agreement and this ,act2 7#f7 water quality degradation against ,,cvwd and ,,dwa where the water that is the basis for the ,claim meets all relevant ,federal and ,state water quality requirements2 7#g7 damages1 losses or injuries resulting from ,,cvwd's or ,,dwa's exercise of their authority under ,california law to provide water service to customers on the ,reservation at any time up to and including the ,enforceability ,date1 or after the ,enforceability ,date when as a result of actions consistent with the ,agreement and this ,act2 and 7#h7 damages1 losses1 or injuries arising out of1 or relating to1 the negotiation1 execution1 or adoption of the ,agreement or the negotiation or execution of this ,act4 7b7 ,waivers and releases of claims by the united states as trustee for allottees ,subject to the reservation of rights and the retention of ,claims under subsection 7e71 and in consideration for recognition of the ,tribal ,water ,right and the other benefits described in the ,agreement and this ,act1 the ,united ,states1 acting as trustee for the ,allottees1 shall execute a waiver and release of all ,claims for water rights within the ,reservation that the ,united ,states1 acting as trustee for the ,allottees1 asserted or could have asserted in any proceeding1 including the ,agua ,caliente ,litigation1 on or before the ,enforceability ,date1 except to the extent that such rights are recognized in the ,agreement and this ,act4 7c7 ,waivers and releases of claims by the tribe against the united states ,subject to the reservation of rights and retention of ,claims under subsection 7e71 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 or related to-- 7#a7 water rights that the ,united ,states1 acting as trustee for the ,tribe1 asserted or could have asserted in any proceeding1 including the ,agua ,caliente ,litigation1 on or before the ,enforceability ,date1 except to the extent that such rights are recognized as part of the ,tribal ,water ,right under the ,agreement or this ,act2 7#b7 foregone benefits from non-,tribal use of water1 on and off the ,reservation1 first arising before the ,enforceability ,date2 7#c7 damages1 losses1 or injuries 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 rights due to loss of water or water rights1 ,claims relating to interference with1 diversion of1 or taking of water1 or ,claims relating to failure to protect1 acquire1 replace1 or develop water1 water rights1 or water infrastructure7 first arising before the ,enforceability ,date2 7#d7 failure to prevent degradation of water quality in the ,indio ,subbasin consistent with the ,agreement1 or resulting from use of ,recycled ,water under the ,agreement2 7#e7 failure of ,,cvwd or ,,dwa to deliver ,domestic ,water1 or provide ,domestic ,water ,service1 to ,reservation ,customers under terms consistent with the ,agreement and the exhibits thereto2 7#f7 failure of ,,cvwd or ,,dwa to comply with the ,memorandum of ,cooperation2 7#g7 failure of the ,city of ,palm ,springs to comply with a future agreement for a ,,rw ,project described in ,section ,,xvi7,b7 of the ,agreement2 7#h7 failure of the ,county of ,riverside to comply with an intergovernmental agreement entered into under section #aa7;b77#f7 of this ,act2 7#i7 the litigation of ,claims relating to any water right of the ,tribe in the ,indio ,subbasin1 first arising before the ,enforceability ,date2 and 7#aj7 damages1 losses1 or injuries arising out of1 or relating to1 the negotiation1 execution1 or adoption of the ,agreement or the negotiation or execution of this ,act1 first arising before the ,enforceability ,date4 7d7 ,effective date ,the waivers and releases described in subsections 7a71 7b71 and 7c7 shall take effect on the ,enforceability ,date4 7e7 ,reservation of rights and retention of claims by the tribe and the united states as trustee for the tribe and allottees ,notwithstanding the waivers and releases under subsections 7a71 7b71 and 7c71 the ,tribe and the ,united ,states1 acting as trustee for the ,tribe and ,allottees1 shall retain-- 7#a7 all ,claims for enforcement of the ,agreement1 this ,act1 and the ,final ,judgment and ,decree2 7#b7 except as provided by ,sections ,,xiv7,d7 and ,,xv7,c7 of the ,agreement1 all ,claims under ,state and ,federal law related to activities affecting the quality of water1 including ,claims under-- 7,a7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq47 and amendments thereto1 including 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 ,act7 and amendments thereto2 and 7,d7 any regulations implementing the ,acts described in subparagraphs 7,a7 through 7,c74 7#c7 the right to use and protect water rights acquired after the enactment of this ,act2 7#d7 ,claims for damages1 losses1 or injuries to land or natural resources1 including hunting1 fishing1 gathering1 or cultural rights1 that are not due to loss of water or water rights under subsection 7a77#c7 and are not covered by subsections 7a77#b7 and 7a77#d7 through 7a77#g72 7#e7 ,claims for damages1 losses1 or injuries resulting from a ,water ,district's failure to obtain the requisite permission1 consent1 or authority to use or to construct and maintain water infrastructure or other improvements on ,agua ,caliente ,indian ,reservation ,trust ,land as required by ,federal law2 7#f7 ,claims for damages1 losses1 or injuries resulting from a ,water ,district's negligent1 reckless1 or willful misconduct2 7#g7 all rights1 remedies1 privileges1 immunities1 and powers and ,claims not waived and released pursuant to the ,agreement or this ,act2 and 7#h7 the right to assert all defenses1 including sovereign immunity1 that the ,tribe and ,united ,states otherwise could assert in response to the ,claims retained by ,,cvwd and ,,dwa in section ,,xix7,f7 of the ,agreement4 7f7 ,effect of title ,nothing in this ,act-- 7#a7 reduces or extends the sovereignty 7including civil and criminal jurisdiction7 of any government entity1 except to the degree that specific actions are preempted1 prohibited1 authorized1 or required2 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 seq47 and amendments thereto2 7,b7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq47 and amendments thereto2 7,c7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 7commonly referred to as the ,clean ,water ,act7 and amendments thereto2 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,d74 7#c7 affects the ability of the ,united ,states to act as trustee for any other ,indian ,tribe or an allottee 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 a ,federal agency action2 or 7,d7 to interpret ,tribal ,law2 or 7#e7 waives any ,claim of a ,tribal ,member in an individual capacity that does not derive from a right of the ,tribe4 7g7 ,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 or in ,section ,,xix of the ,agreement 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 limitation or any time-based equitable defense under any other applicable law4 #aj4 ,satisfaction of claims 7a7 ,in general ,the benefits provided to the ,tribe under this ,act shall be in complete replacement of1 complete substitution for1 and full satisfaction of all ,claims of the ,tribe against the ,united ,states that are waived and released pursuant to section #i7;c74 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 #i7;b72 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 #i7;b74 #aa4 ,possessory interest tax 7a7 ,preemption of riverside county ad valorem property tax 7#a7 ,in general ,no ,possessory ,interest shall be subject to the ,riverside ,county ,ad ,valorem ,property ,tax for any taxable period when the ,tribe imposes a ,tribal ,tax on such ,possessory ,interest4 ,the provisions of this section shall preempt any and all ,state or local laws1 decisions1 rules1 regulations1 or actions having the effect of law insofar as inconsistent with the provisions of this section4 7#b7 ,limited applicability ,the preemption in this section shall not apply to any fee1 tax1 assessment1 levy1 or other charge imposed by any ,other ,public ,agency4 7b7 ,tribal possessory interest tax 7#a7 ,in general ,the ,tribe shall have the authority to impose1 assess1 collect1 and distribute a ,tribal ,tax on ,possessory ,interests in lieu of the ,riverside ,county ,ad ,valorem ,property ,tax4 ,such tax shall be governed exclusively by this section and any law adopted by the ,tribe to implement the ,tribal ,tax4 ,the ,tribe may delegate this authority to the ,riverside ,county via an intergovernmental agreement as provided in paragraph 7#f74 7#b7 ,amount of tribal tax ,the ,tribal ,tax shall not for any taxable period be imposed with respect to any ,possessory ,interest at a rate or on an assessed value lower than the rate and any assessed value that1 but for the preemption in this section1 would have formed the basis for imposition and assessment of the ,riverside ,county ,ad ,valorem ,property ,tax with respect to such ,possessory ,interest for such taxable period4 7#c7 ,exemptions ,leaseholds1 easements1 rights of way1 and other property interests or enterprises held or conducted by governments or nonprofit organizations that are exempt from property taxation under ,california law shall be similarly exempt from any ,tribal ,tax4 7#d7 ,distributions to other public agencies ,subject to paragraph 7#h71 the ,tribe shall distribute ,tribal ,tax proceeds to ,other ,public ,agencies in the amounts that1 but for the preemption in this section1 such ,other ,public ,agencies would have been entitled to receive from the levy of the ,riverside ,county ,property ,tax on the ,possessory ,interests4 ,these distributions will take priority over any other use of the ,tribal tax proceeds and will be made in accordance with the ,tax ,apportionment ,schedule4 7#e7 ,enforcement ,the requirements of this section1 including the distributions to ,other ,public ,agencies pursuant to paragraph 7#d71 shall be enforceable by ,other ,public ,agencies in ,federal district court1 except to the degree that enforcement is available in an intergovernmental agreement with the ,county pursuant to paragraph 7#f74 ,the ,tribe waives its sovereign immunity for the specific and limited purpose of enforcing those requirements4 7#f7 ,delegation of authority ,the ,tribe may delegate its authority to assess1 collect1 and distribute the ,tribal ,tax to ,riverside ,county through an intergovernmental agreement4 ,such agreement shall provide that ,riverside ,county shall distribute to ,other ,public ,agencies the amounts that1 but for the preemption in this section1 such ,other ,public ,agencies would have been entitled to receive from the levy of the ,riverside ,county ,property ,tax on the ,possessory ,interests and in accordance with the ,tax ,apportionment ,schedule4 ,such agreement will also provide that the ,other ,public ,agencies are third-party beneficiaries of the ,agreement and entitled to enforce its terms4 7#g7 ,use of tribal tax proceeds ,tribal ,tax proceeds shall not be used for per capita distribution to ,tribal ,members and shall be used solely for the following purposes-- 7,a7 offsetting the operating cost of the ,agua ,caliente ,water ,authority2 7,b7 offsetting the cost of operation1 maintenance1 repair1 and replacement of the ,tribe's water project infrastructure2 7,c7 funding the ,tribe's government1 including but not limited to offsetting costs associated with administering the ,tribal ,tax2 and 7,d7 providing funds to ,other ,public ,agencies1 including assurance that the ,other ,public ,agencies will receive proceeds from the ,tribal ,tax at least equivalent to the distributions that they would have received from the levy of the ,riverside ,county ,property ,tax on the ,possessory ,interests but for the preemption in this section4 7#h7 ,limitation on distributions to other public agencies ,unless the ,tribe determines otherwise1 in no event will the ,tribe be required to distribute ,tribal ,tax proceeds such that ,other ,public ,agencies receive a greater amount of combined ,state or ,tribal ,tax revenue1 than the ,other ,public ,agencies would otherwise receive pursuant to ,california law but for the preemption in this section4 7c7 ,effective date ,this section shall take effect on the first day of ,january following the ,enforceability ,date4 #ab4 ,transfer of land into trust 7a7 ,transfer of land to trust 7#a7 ,lands to be held in trust ,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 ,agua ,caliente ,reservation upon the ,enforceability ,date4 7#b7 ,bureau of land management lands to be held in trust ,the land referred to paragraph 7#a7 is-- 7,a7 approximately #fdj acres of land located in ,section #cb1 ,township #e ,south1 ,range #d ,east1 ,san ,bernadino ,base and ,meridian2 7,b7 approximately #ade acres of land located in-- 7i7 the ,north of ,government ,lot #b and the ,south of ,government ,lot #a in the ,northwest of ,section #ah1 ,township #d ,south1 ,range #d ,east1 ,san ,bernadino ,base and ,meridian2 7ii7 the ,northwest of the ,northeast of the ,southwest of ,section #ah1 ,township #d ,south1 ,range #d ,east1 ,san ,bernadino ,base and ,meridian2 7iii7 the ,northeast of the ,northeast of the ,southwest of ,section #ah1 ,township #d ,south1 ,range #d ,east1 ,san ,bernadino ,base and ,meridian2 and 7iv7 the ,west of the ,northeast of ,section #ah1 ,township #d ,south1 ,range #d ,east1 ,san ,bernadino ,base and ,meridian4 7,c7 approximately #fdg acres of land comprising ,section #e1 ,township #e ,south1 ,range #d ,east1 ,san ,bernadino ,base and ,meridian2 7,d7 approximately #fdj acres of land comprising ,section #cf1 ,township #e ,south1 ,range #d ,east1 ,san ,bernadino ,base and ,meridian2 7,e7 approximately #fdj acres of land located in ,section #af1 ,township #d ,south1 ,range #d ,east1 ,san ,bernadino ,base and ,meridian2 and 7,f7 approximately #cj acres of land located in-- 7i7 the ,east of the ,west of the ,northwest of the ,northeast of ,section #ag ,township #d ,south1 ,range #d ,east ,san ,bernadino ,base and ,meridian2 7ii7 the ,west of the ,west of the ,northwest of the ,northeast of ,section #ag ,township #d ,south1 ,range #d ,east1 ,san ,bernadino ,base and ,meridian2 and 7iii7 the ,west of the ,east of the ,northwest of the ,northeast of ,section #ag ,township #d ,south1 ,range #d ,east1 ,san ,bernadino ,base and ,meridian4 7#c7 ,,cdpa ,the lands referred to and delineated in clauses 7ii71 7iii71 and 7iv7 of paragraph 7#b77;,b7 shall be transferred notwithstanding section #gad7;b7 of the ,california ,desert ,protection ,act of #aiid 7#af ,u4,s4,c4 #daj;aaa-#ha;c7b774 7#d7 ,santa rosa and san jacinto mountains national monument act of #bjjj ,the lands referred to and delineated in paragraph 7#b77;,a7 through 7,e7 shall be transferred notwithstanding section #e7;i77#a77;a7 of the ,santa ,rosa and ,san ,jacinto ,mountains ,national ,monument ,act of #bjjj 7,public ,law #ajf-cea74 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 and 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 no 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 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 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 transferred into trust for the ,tribe4 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 of ,interior or ,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 the lands transferred pursuant to subsection 7a77#a7 shall be held in trust for the ,tribe but shall not be included in the ,tribal ,water ,right4 #ac4 ,conveyance of ,federal land to the ,coachella ,valley ,water ,district 7a7 ,in general ,notwithstanding the land use planning requirements of sections #bjb and #bjc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab1 #agac71 if not later than #cj days after completion of the appraisal required under subsection 7b71 ,,cvwd submits to the ,secretary an offer to acquire the ,facility ,land for the ,fair ,market ,value as determined pursuant to subsection 7b71 the ,secretary shall1 not later than #cj days after the date of the offer1 convey to ,,cvwd all right1 title1 and interest to the ,facility ,land1 subject to valid existing rights4 7b7 ,determination of fair market value 7#a7 ,in general ,not later than #ij days after the ,enforceability ,date1 the ,secretary shall determine the fair market value of the ,facility ,land-- 7,a7 in accordance with the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 and 7,b7 based on an appraisal that is conducted in accordance with-- 7i7 the ,uniform ,appraisal ,standards for ,federal ,land ,acquisitions2 and 7ii7 the ,uniform ,standards of ,professional ,appraisal ,practice4 7#b7 ,cost of appraisal ,all costs associated with the appraisal under paragraph 7#a7 shall be borne by ,,cvwd4 7c7 ,payment of consideration ,not later than #cj days after the date on which the ,facility ,land is conveyed under subsection 7a71 as a condition of the conveyance1 ,,cvwd shall pay to the ,secretary an amount equal to the fair market value as determined under subsection 7b74 7d7 ,costs of conveyance ,in addition to the fair market value determined under subsection 7b71 ,,cvwd1 as the buyer1 shall pay all costs related to the applicable conveyance1 including surveys and appraisals4 7e7 ,disposition of proceeds ,the proceeds from the sale of the ,facility ,land shall be-- 7#a7 deposited in the ,federal ,land ,deposit ,account established by section #bjf of the ,federal ,land ,transaction ,facilitation ,act 7#dc ,u4,s4,c4 #bcje7;a772 and 7#b7 used in accordance with that ,act4 7f7 ,technical corrections ,notwithstanding the descriptions of the ,facility ,land as defined in section #c1 the ,united ,states may1 with the consent of ,,cvwd1 make technical corrections to the legal land descriptions to more specifically identify the parcels to be transferred to ,,cvwd4 7g7 ,protection of cultural resources 7#a7 ,cessation of ground disturbing activity upon discovery of tribal cultural resources ,upon the discovery of any suspected ,tribal ,cultural ,resources at the ,facility and ,adjacent ,lands ,,cvwd shall immediately cease1 or cause the cessation of1 all ground disturbing activity in the immediate vicinity 7defined as an area sufficient to protect the discovery of the resource and a buffer zone sufficient to allow safe investigation of the discovery and to protect any other potentially associated features7 of the suspected ,tribal ,cultural ,resources4 7#b7 ,duration of cessation of ground disturbing activity ,all ground disturbing activity in the immediate vicinity of any suspected ,tribal ,cultural ,resources at the ,facility or ,adjacent ,lands shall remain suspended until-- 7,a7 a conclusive determination has been made that the discovery does not involve a ,tribal ,cultural ,resource2 or 7,b7 final treatment and disposition of the ,tribal ,cultural ,resource in compliance with this subsection4 7#c7 ,discovery of cultural resources 7,a7 ,notice ,if ,,cvwd or its representatives discover potential ,tribal ,cultural ,resources1 excluding human remains1 at the ,facility or ,adjacent ,lands1 ,,cvwd shall promptly notify the ,agua ,caliente ,director of ,historic ,preservation and ,general ,counsel4 7,b7 ,human remains ,if ,,cvwd or its representatives discover human remains1 ,,cvwd shall-- 7i7 promptly notify-- 7,i7 the ,agua ,caliente ,director of ,historic ,preservation2 7,,ii7 ,general ,counsel2 and 7,,iii7 the ,county ,coroner1 requesting a determination as to whether the remains are ,native ,american human remains2 and 7ii7 cover reasonable fees and costs charged by the ,county ,coroner1 if applicable4 7,c7 ,tribal involvement ,if the ,tribe is identified as the ,most ,likely ,descendant with respect to a ,tribal ,cultural ,resource1 in addition to requirements of applicable ,state law1 ,,cvwd shall-- 7i7 give access to the ,tribe to inspect the discovery site and to decide1 at the sole discretion of the ,tribe1 on the treatment and disposition of the ,tribal ,cultural ,resource2 and 7ii7 if the ,tribe chooses reburial for the ,tribal ,cultural ,resource1 facilitate or secure authorization for on-site reburial at a location-- 7,i7 mutually agreed upon2 and 7,,ii7 not subject to future disturbance4 #ad4 ,miscellaneous provisions 7a7 ,limited waiver of sovereign immunity by the united states ,for purposes of compelling compliance with the terms of this ,act and the ,agreement1 the ,united ,states waives its sovereign immunity to the extent provided by ,federal law4 7b7 ,no precedential effect ,nothing in this ,act establishes any standard for the quantification or litigation of ,federal reserved water rights or any other ,indian water claims of any other ,indian ,tribe in any other judicial or administrative proceeding4 7c7 ,other indian tribes not adversely affected ,nothing in this ,act quantifies or diminishes the water rights1 claims1 or entitlements to water of any other ,indian ,tribe1 band1 or community other than ,agua ,caliente4 7d7 ,disclaimer ,this ,act shall not be construed as establishing the taxing authority of any other ,indian ,tribe1 other than ,agua ,caliente1 or preempting the taxing authority of any other water district1 agency1 ,state1 or local government4 7e7 ,conflict ,in the event of a conflict between the ,agreement and this ,act1 this ,act shall control4 7f7 ,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 #ae4 ,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 ,agreement1 if adequate appropriations are not provided expressly by ,congress to carry out the purposes of this ,act4