II
119THCONGRESS
1
STSESSION S. 689
To approve the settlement of the water right claims of the Tule River
Tribe, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY24, 2025
Mr. P
ADILLA(for himself and Mr. SCHIFF) introduced the following bill;
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 Tribe, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3
(a) S
HORTTITLE.—This Act may be cited as the 4
‘‘Tule River Tribe Reserved Water Rights Settlement Act 5
of 2025’’. 6
(b) T
ABLE OFCONTENTS.—The table of contents for 7
this Act is as follows: 8
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Ratification of 2007 Agreement.
Sec. 5. Tribal Water Right.
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Sec. 6. Tule River Tribe trust accounts.
Sec. 7. Funding.
Sec. 8. Transfer of land into trust.
Sec. 9. Satisfaction of claims.
Sec. 10. Waivers and releases of claims.
Sec. 11. Enforceability Date.
Sec. 12. Binding effect; judicial approval; enforceability.
Sec. 13. Miscellaneous provisions.
Sec. 14. Antideficiency.
SEC. 2. PURPOSES.
1
The purposes of this Act are— 2
(1) to achieve a fair, equitable, and final settle-3
ment of claims to water rights in the State of Cali-4
fornia for— 5
(A) the Tule River Tribe; and 6
(B) the United States, acting as trustee 7
for the Tribe; 8
(2) to authorize, ratify, and confirm the 2007 9
Agreement entered by the Tribe, the South Tule 10
Independent Ditch Company, and the Tule River As-11
sociation, to the extent that the 2007 Agreement is 12
consistent with this Act; 13
(3) to authorize and direct the Secretary— 14
(A) to execute the 2007 Agreement, with 15
amendments to facilitate implementation and 16
approval of the 2007 Agreement; and 17
(B) to take any other actions necessary to 18
carry out the 2007 Agreement in accordance 19
with this Act; 20
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(4) to authorize funds necessary for the imple-1
mentation of the 2007 Agreement and this Act; and 2
(5) to authorize the transfer of certain lands to 3
the Tribe, to be held in trust. 4
SEC. 3. DEFINITIONS. 5
(a) I
NGENERAL.—In this Act: 6
(1) 2007
AGREEMENT.—The term ‘‘2007 7
Agreement’’ means— 8
(A) the agreement dated November 21, 9
2007, as amended on April 22, 2009, between 10
the Tribe, the South Tule Independent Ditch 11
Company, and the Tule River Association, and 12
exhibits attached thereto; and 13
(B) any amendment to the Agreement re-14
ferred to in subparagraph (A) (including an 15
amendment to any exhibit) that is executed in 16
accordance with section 4(a)(2). 17
(2) C
OURT.—The term ‘‘Court’’ means the 18
United States District Court for the Eastern Dis-19
trict of California, unless otherwise specified herein. 20
(3) D
IVERT; DIVERSION.—The terms ‘‘divert’’ 21
and ‘‘diversion’’ mean to remove water from its nat-22
ural course or location by means of a ditch, canal, 23
flume, bypass, pipeline, conduit, well, pump, or other 24
structure or device, or act of a person. 25
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(4) DOWNSTREAM WATER USERS .—The term 1
‘‘Downstream Water Users’’ means— 2
(A) the Tule River Association and its suc-3
cessors and assigns; 4
(B) the South Tule Independent Ditch 5
Company and its successors and assigns; and 6
(C) any and all other holders of water 7
rights in the South Fork Tule River Basin. 8
(5) E
NFORCEABILITY DATE .—The term ‘‘En-9
forceability Date’’ means the date described in sec-10
tion 11. 11
(6) OM&R.— 12
(A) I
N GENERAL.—The term ‘‘OM&R’’ 13
means operation, maintenance, and replace-14
ment. 15
(B) I
NCLUSIONS.—The term ‘‘OM&R’’ in-16
cludes— 17
(i) any recurring or ongoing activity 18
relating to the day-to-day operation of a 19
project; 20
(ii) any activity relating to scheduled 21
or unscheduled maintenance of a project; 22
and 23
(iii) any activity relating to repairing 24
or replacing a feature of a project. 25
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(7) OPERATION RULES.—The term ‘‘Operation 1
Rules’’ means the rules of operation for the Phase 2
I Reservoir, as established in accordance with the 3
2007 Agreement and this Act. 4
(8) P
ARTIES.—The term ‘‘Parties’’ means the 5
signatories to the 2007 Agreement, including the 6
Secretary. 7
(9) P
HASE I RESERVOIR.—The term ‘‘Phase I 8
Reservoir’’ means the reservoir described in either 9
section 3.4.B.(1) or section 3.4.B.(2) of the 2007 10
Agreement. 11
(10) R
ESERVATION; TULE RIVER RESERVA -12
TION.—The terms ‘‘Reservation’’ and ‘‘Tule River 13
Reservation’’ mean the reservation of lands set aside 14
for the Tribe by the Executive Orders of January 9, 15
1873, October 3, 1873, and August 3, 1878, includ-16
ing lands added to the Reservation pursuant to sec-17
tion 8. 18
(11) S
ECRETARY.—The term ‘‘Secretary’’ 19
means the Secretary of the Interior. 20
(12) S
OUTH TULE INDEPENDENT DITCH COM -21
PANY.—The term ‘‘South Tule Independent Ditch 22
Company’’ means the nonprofit mutual water com-23
pany incorporated in 1895 that has claims to owner-24
ship of water rights dating back to 1854, which pro-25
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vides water diverted from the South Fork of the 1
Tule River to its shareholders on lands downstream 2
from the Tule River Reservation. 3
(13) T
RIBAL WATER RIGHT.—The term ‘‘Tribal 4
Water Right’’ means the water rights ratified, con-5
firmed, and declared to be valid for the benefit of 6
the Tribe as set forth and described in the 2007 7
Agreement and this Act. 8
(14) T
RIBE.—The term ‘‘Tribe’’ means the 9
Tule River Indian Tribe of the Tule River Reserva-10
tion, California, a federally recognized Indian Tribe. 11
(15) T
RUST FUND.—The term ‘‘Trust Fund’’ 12
means the Tule River Indian Tribe Settlement Trust 13
Fund established under section 6(a). 14
(16) T
ULE RIVER ASSOCIATION.— 15
(A) I
N GENERAL.—The term ‘‘Tule River 16
Association’’ means the association formed by 17
agreement in 1965, the members of which are 18
representatives of all pre-1914 appropriative 19
and certain riparian water right holders of the 20
Tule River at and below the Richard L. Schafer 21
Dam and Reservoir. 22
(B) I
NCLUSIONS.—The term ‘‘Tule River 23
Association’’ includes the Pioneer Water Com-24
pany, the Vandalia Irrigation District, the 25
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Porterville Irrigation District, and the Lower 1
Tule River Irrigation District. 2
(17) W
ATER DEVELOPMENT PROJECT .—The 3
term ‘‘Water Development Project’’ means a project 4
for domestic, commercial, municipal, and industrial 5
water supply, including but not limited to water 6
treatment, storage, and distribution infrastructure, 7
to be constructed, in whole or in part, using monies 8
from the Trust Fund. 9
(b) D
EFINITIONS OFOTHERTERMS.—Any other 10
term used in this Act but not defined in subsection (a)— 11
(1) has the meaning given the term in the 2007 12
Agreement; or 13
(2) if no definition for the term is provided in 14
the 2007 Agreement, shall be used in a manner con-15
sistent with its use in the 2007 Agreement. 16
SEC. 4. RATIFICATION OF 2007 AGREEMENT. 17
(a) R
ATIFICATION.— 18
(1) I
N GENERAL.—Except as modified by this 19
Act and to the extent that the 2007 Agreement does 20
not conflict with this Act, the 2007 Agreement is au-21
thorized, ratified, and confirmed. 22
(2) A
MENDMENTS.— 23
(A) G
ENERAL AMENDMENTS .—If an 24
amendment to the 2007 Agreement, or to any 25
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exhibit attached to the 2007 Agreement requir-1
ing the signature of the Secretary, is executed 2
in accordance with this Act to make the 2007 3
Agreement consistent with this Act, the amend-4
ment is authorized, ratified, and confirmed. 5
(B) S
PECIFIC AMENDMENTS .— 6
(i) S
UBSTITUTE SITES.—If a sub-7
stitute site for the Phase I Reservoir is 8
identified by the Tribe pursuant to section 9
3.4.B.(2)(a) of the 2007 Agreement, then 10
amendments related to the Operation 11
Rules are authorized, ratified, and con-12
firmed, to the extent that such Amend-13
ments are consistent with the 2007 Agree-14
ment and this Act. 15
(ii) P
RIORITY DATE.—Amendments 16
agreed to by the Parties to establish that 17
the priority date for the Tribal Water 18
Right is no later than January 9, 1873, is 19
authorized, ratified, and confirmed. 20
(iii) S
ENIOR WATER RIGHTS .— 21
Amendments agreed to by the Parties to 22
accommodate senior water rights of those 23
Downstream Water Users described in sec-24
tion 3(a)(4)(C) are authorized, ratified, 25
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and confirmed, to the extent that the 1
Court finds any such Downstream Water 2
Users possess senior water rights that can 3
be accommodated only by amendment of 4
the 2007 Agreement. 5
(iv) O
THER AMENDMENTS .—Other 6
amendments agreed to by the Parties to 7
facilitate implementation and approval of 8
the 2007 Agreement are authorized, rati-9
fied, and confirmed, to the extent that 10
such amendments are otherwise consistent 11
with this Act and with other applicable 12
law. 13
(b) E
XECUTION.— 14
(1) I
N GENERAL.—To the extent the 2007 15
Agreement does not conflict with this Act, the Sec-16
retary shall execute the 2007 Agreement, in accord-17
ance with paragraph (2), including all exhibits to, or 18
parts of, the 2007 Agreement requiring the signa-19
ture of the Secretary. 20
(2) T
IMING.—The Secretary shall not execute 21
the 2007 Agreement until— 22
(A) the Parties agree on amendments re-23
lated to the priority date for the Tribal Water 24
Right; and 25
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(B) either— 1
(i) the Tribe moves forward with the 2
Phase I Reservoir described in section 3
3.4.B.(1) of the 2007 Agreement; or 4
(ii) if the Tribe selects a substitute 5
site pursuant to section 3.4.B.(2) of the 6
2007 Agreement, either— 7
(I) the Parties agree on Oper-8
ation Rules; or 9
(II) the Secretary determines, in 10
the discretion of the Secretary, that 11
the Parties have reached an impasse 12
in attempting to negotiate the Oper-13
ation Rules. 14
(3) M
ODIFICATIONS.—Nothing in this Act pro-15
hibits the Secretary, after execution of the 2007 16
Agreement, from approving any modification to the 17
2007 Agreement, including any exhibit to the 2007 18
Agreement, that is consistent with this Act, to the 19
extent that the modification does not otherwise re-20
quire congressional approval under section 2116 of 21
the Revised Statutes (25 U.S.C. 177) or any other 22
applicable provision of Federal law. 23
(c) E
NVIRONMENTAL COMPLIANCE.— 24
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(1) IN GENERAL.—In implementing the 2007 1
Agreement and this Act, the Secretary shall comply 2
with all applicable provisions of— 3
(A) the Endangered Species Act of 1973 4
(16 U.S.C. 1531 et seq.); 5
(B) the National Environmental Policy Act 6
of 1969 (42 U.S.C. 4321 et seq.), including the 7
implementing regulations of that Act; and 8
(C) other applicable Federal environmental 9
laws and regulations. 10
(2) C
OMPLIANCE.— 11
(A) I
N GENERAL.—In implementing the 12
2007 Agreement and this Act, the Tribe shall 13
prepare any necessary environmental docu-14
ments, consistent with all applicable provisions 15
of— 16
(i) the Endangered Species Act of 17
1973 (16 U.S.C. 1531 et seq.); 18
(ii) the National Environmental Policy 19
Act of 1969 (42 U.S.C. 4321 et seq.), in-20
cluding the implementing regulations of 21
that Act; and 22
(iii) all other applicable Federal envi-23
ronmental laws and regulations. 24
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(B) AUTHORIZATIONS.—The Secretary 1
shall— 2
(i) independently evaluate the docu-3
mentation submitted under subparagraph 4
(A); and 5
(ii) be responsible for the accuracy, 6
scope, and contents of that documentation. 7
(3) E
FFECT OF EXECUTION .—The execution of 8
the 2007 Agreement by the Secretary under this sec-9
tion shall not constitute a major Federal action for 10
purposes of the National Environmental Policy Act 11
of 1969 (42 U.S.C. 4321 et seq.). 12
(4) C
OSTS.—Any costs associated with the per-13
formance of the compliance activities under this sub-14
section shall be paid from funds deposited in the 15
Trust Fund, subject to the condition that any costs 16
associated with the performance of Federal approval 17
or other review of such compliance work or costs as-18
sociated with inherently Federal functions shall re-19
main the responsibility of the Secretary. 20
SEC. 5. TRIBAL WATER RIGHT. 21
(a) C
ONFIRMATION OFTRIBALWATERRIGHT.— 22
(1) I
N GENERAL.—The Tribal Water Right is 23
ratified, confirmed, and declared valid. 24
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(2) QUANTIFICATION.—The Tribal Water Right 1
includes the right to divert and use or permit the di-2
version and use of up to 5,828 acre-feet per year of 3
surface water from the South Fork Tule River, as 4
described in the 2007 Agreement and as confirmed 5
in the decree entered by the Court pursuant to sub-6
sections (b) and (c) of section 12. 7
(3) U
SE.—Any diversion, use, and place of use 8
of the Tribal Water Right shall be subject to the 9
terms and conditions of the 2007 Agreement and 10
this Act. 11
(b) T
RUSTSTATUS OFTRIBALWATERRIGHT.—The 12
Tribal Water Right— 13
(1) shall be held in trust by the United States 14
for the use and benefit of the Tribe in accordance 15
with this Act; and 16
(2) shall not be subject to loss through non-use, 17
forfeiture, abandonment, or other operation of law. 18
(c) A
UTHORITY OF THETULERIVERTRIBE.— 19
(1) I
N GENERAL.—The Tule River Tribe shall 20
have the authority to allocate and distribute the 21
Tribal Water Right for use on the Reservation in ac-22
cordance with the 2007 Agreement, this Act, and 23
applicable Federal law. 24
(d) A
DMINISTRATION.— 25
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(1) NO ALIENATION.—The Tribe shall not per-1
manently alienate any portion of the Tribal Water 2
Right. 3
(2) P
URCHASES OR GRANTS OF LAND FROM IN -4
DIANS.—An authorization provided by this Act for 5
the allocation, distribution, leasing, or other ar-6
rangement entered into pursuant to this Act shall be 7
considered to satisfy any requirement for authoriza-8
tion of the action by treaty or convention imposed by 9
section 2116 of the Revised Statutes (25 U.S.C. 10
177). 11
(3) P
ROHIBITION ON FORFEITURE .—The non- 12
use of all or any portion of the Tribal Water Right 13
by any water user shall not result in the forfeiture, 14
abandonment, relinquishment, or other loss of all or 15
any portion of the Tribal Water Right. 16
SEC. 6. TULE RIVER TRIBE TRUST ACCOUNTS. 17
(a) E
STABLISHMENT.—The Secretary shall establish 18
a trust fund, to be known as the ‘‘Tule River Indian Tribe 19
Settlement Trust Fund’’, to be managed, invested, and 20
distributed by the Secretary and to remain available until 21
expended, withdrawn, or reverted to the general fund of 22
the Treasury, consisting of the amounts deposited in the 23
Trust Fund under subsection (c), together with any inter-24
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est earned on those amounts, for the purpose of carrying 1
out this Act. 2
(b) A
CCOUNTS.—The Secretary shall establish in the 3
Trust Fund the following Accounts: 4
(1) The Tule River Tribe Water Development 5
Projects Account. 6
(2) The Tule River Tribe OM&R Account. 7
(c) D
EPOSITS.—The Secretary shall deposit— 8
(1) in the Tule River Tribe Water Development 9
Projects Account established under subsection 10
(b)(1), the amounts made available pursuant to sec-11
tion 7(a)(1); and 12
(2) in the Tule River Tribe OM&R Account es-13
tablished under subsection (b)(2), the amounts made 14
available pursuant to section 7(a)(2). 15
(d) M
ANAGEMENT AND INTEREST.— 16
(1) M
ANAGEMENT.—On receipt and deposit of 17
funds into the accounts in the Trust Fund pursuant 18
to subsection (c), the Secretary shall manage, invest, 19
and distribute all amounts in the Trust Fund in ac-20
cordance with the investment authority of the Sec-21
retary under— 22
(A) the first section of the Act of June 24, 23
1938 (52 Stat. 1037, chapter 648; 25 U.S.C. 24
162a); 25
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(B) the American Indian Trust Fund Man-1
agement Reform Act of 1994 (25 U.S.C. 4001 2
et seq.); and 3
(C) this section. 4
(2) I
NVESTMENT EARNINGS .—In addition to 5
the deposits under subsection (c), any investment 6
earnings, including interest, credited to amounts 7
held in the Trust Fund are authorized to be used in 8
accordance with subsections (e) and (h). 9
(e) A
VAILABILITY OFAMOUNTS.— 10
(1) I
N GENERAL.—Amounts appropriated to, 11
and deposited in, the Trust Fund, including any in-12
vestment earnings, including interest, shall be made 13
available to the Tribe by the Secretary beginning on 14
the Enforceability Date and subject to the require-15
ments set forth in this section, except for funds to 16
be made available to the Tribe pursuant to para-17
graph (2). 18
(2) U
SE OF CERTAIN FUNDS.—Notwithstanding 19
paragraph (1), $20,000,000 of the amounts depos-20
ited in the Tule River Tribe Water Development 21
Projects Account shall be made available to conduct 22
technical studies and related investigations regarding 23
the Phase I Reservoir and to establish appropriate 24
Operation Rules. 25
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(f) WITHDRAWALS.— 1
(1) W
ITHDRAWALS UNDER THE AMERICAN IN -2
DIAN TRUST FUND MANAGEMENT REFORM ACT OF 3
1994.— 4
(A) I
N GENERAL.—The Tribe may with-5
draw any portion of the amounts in the Trust 6
Fund on approval by the Secretary of a Tribal 7
management plan submitted by the Tribe in ac-8
cordance with the American Indian Trust Fund 9
Management Reform Act of 1994 (25 U.S.C. 10
4001 et seq.). 11
(B) R
EQUIREMENTS.—In addition to the 12
requirements under the American Indian Trust 13
Fund Management Reform Act of 1994 (25 14
U.S.C. 4001 et seq.), the Tribal management 15
plan under this paragraph shall require that the 16
Tribe shall spend all amounts withdrawn from 17
the Trust Fund, and any investment earnings 18
accrued through the investments under the 19
Tribal management plan, in accordance with 20
this Act. 21
(C) E
NFORCEMENT.—The Secretary may 22
carry out such judicial and administrative ac-23
tions as the Secretary determines to be nec-24
essary to enforce the Tribal management plan 25
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under this paragraph to ensure that amounts 1
withdrawn by the Tribe from the Trust Fund 2
under this paragraph are used in accordance 3
with this Act. 4
(2) W
ITHDRAWALS UNDER EXPENDITURE 5
PLAN.— 6
(A) I
N GENERAL.—The Tribe may submit 7
to the Secretary a request to withdraw amounts 8
from the Trust Fund pursuant to an approved 9
expenditure plan. 10
(B) R
EQUIREMENTS.—To be eligible to 11
withdraw amounts under an expenditure plan 12
under this paragraph, the Tribe shall submit to 13
the Secretary an expenditure plan for any por-14
tion of the Trust Fund that the Tribe elects to 15
withdraw pursuant to this subparagraph, sub-16
ject to the condition that the amounts shall be 17
used for the purposes described in this Act. 18
(C) I
NCLUSIONS.—An expenditure plan 19
under this paragraph shall include a description 20
of the manner and purpose for which the 21
amounts proposed to be withdrawn from the 22
Trust Fund will be used by the Tribe in accord-23
ance with subsections (e) and (h). 24
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(D) APPROVAL.—The Secretary shall ap-1
prove an expenditure plan submitted under this 2
paragraph if the Secretary determines that the 3
plan— 4
(i) is reasonable; and 5
(ii) is consistent with, and will be used 6
for, the purposes of this Act. 7
(E) E
NFORCEMENT.—The Secretary may 8
carry out such judicial and administrative ac-9
tions as the Secretary determines to be nec-10
essary to enforce an expenditure plan to ensure 11
that amounts disbursed under this paragraph 12
are used in accordance with this Act. 13
(g) E
FFECT OFSECTION.—Nothing in this section 14
gives the Tribe the right to judicial review of a determina-15
tion of the Secretary relating to whether to approve a 16
Tribal management plan under subsection (f)(1) or an ex-17
penditure plan under subsection (f)(2) except under sub-18
chapter II of chapter 5, and chapter 7, of title 5, United 19
States Code (commonly known as the ‘‘Administrative 20
Procedure Act’’). 21
(h) U
SES.—Amounts from the Trust Fund may only 22
be used by the Tribe for the following purposes: 23
(1) The Tule River Tribe Water Development 24
Projects Account may only be used to plan, design, 25
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and construct Water Development Projects on the 1
Tule River Reservation, and for the conduct of re-2
lated activities, including for environmental compli-3
ance in the development and construction of projects 4
under this Act. 5
(2) The Tule River Tribe OM&R Account may 6
only be used for the OM&R of Water Development 7
Projects. 8
(i) L
IABILITY.—The Secretary and the Secretary of 9
the Treasury shall not be liable for the expenditure or in-10
vestment of any amounts withdrawn from the Trust Fund 11
by the Tribe under paragraphs (1) and (2) of subsection 12
(f). 13
(j) T
ITLE TOINFRASTRUCTURE.—Title to, control 14
over, and operation of any project constructed using funds 15
from the Trust Fund shall remain in the Tribe. 16
(k) O
PERATION, MAINTENANCE, & REPLACEMENT.— 17
All OM&R costs of any project constructed using funds 18
from the Trust Fund shall be the responsibility of the 19
Tribe. 20
(l) N
OPERCAPITADISTRIBUTIONS.—No portion of 21
the Trust Fund shall be distributed on a per capita basis 22
to any member of the Tribe. 23
(m) E
XPENDITUREREPORT.—The Tule River Tribe 24
shall annually submit to the Secretary an expenditure re-25
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port describing accomplishments and amounts spent from 1
use of withdrawals under a Tribal management plan or 2
an expenditure plan under this Act. 3
SEC. 7. FUNDING. 4
(a) F
UNDING.—Out of any funds in the Treasury not 5
otherwise appropriated, the Secretary of the Treasury 6
shall transfer to the Secretary— 7
(1) for deposit in the Tule River Tribe Water 8
Development Projects Account $518,000,000, to be 9
available until expended, withdrawn, or reverted to 10
the general fund of the Treasury; and 11
(2) for deposit in the Tule River Tribe OM&R 12
Account $50,000,000, to be available until expended, 13
withdrawn, or reverted to the general fund of the 14
Treasury. 15
(b) F
LUCTUATION INCOSTS.— 16
(1) I
N GENERAL.—The amounts authorized to 17
be appropriated under subsection (a) shall be in-18
creased or decreased, as appropriate, by such 19
amounts as may be justified by reason of ordinary 20
fluctuations in costs occurring after November 1, 21
2020, as indicated by the Bureau of Reclamation 22
Construction Cost Index—Composite Trend. 23
(2) C
ONSTRUCTION COSTS ADJUSTMENT .—The 24
amounts authorized to be appropriated under sub-25
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•S 689 IS
section (a) shall be adjusted to address construction 1
cost changes necessary to account for unforeseen 2
market volatility that may not otherwise be captured 3
by engineering cost indices as determined by the 4
Secretary, including repricing applicable to the types 5
of construction and current industry standards in-6
volved. 7
(3) R
EPETITION.—The adjustment process 8
under this subsection shall be repeated for each sub-9
sequent amount appropriated until the amount au-10
thorized, as adjusted, has been appropriated. 11
(4) P
ERIOD OF INDEXING.—The period of in-12
dexing adjustment under this subsection for any in-13
crement of funding shall end on the date on which 14
the funds are deposited into the Trust Fund. 15
SEC. 8. TRANSFER OF LAND INTO TRUST. 16
(a) T
RANSFER OFLAND TOTRUST.— 17
(1) I
N GENERAL.—Subject to valid existing 18
rights, and the requirements of this subsection, all 19
right, title, and interest of the United States in and 20
to the land described in paragraph (2) shall be held 21
in trust by the United States for the benefit of the 22
Tribe as part of the Reservation upon the Enforce-23
ability Date, provided that the Tribal fee land de-24
scribed in paragraph (2)(C)— 25
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•S 689 IS
(A) is free from any liens, encumbrances, 1
or other infirmities; and 2
(B) has no existing evidence of any haz-3
ardous substances or other environmental liabil-4
ity. 5
(2) L
ANDS TO BE HELD IN TRUST .—The land 6
referred to in paragraph (1) is the following: 7
(A) B
UREAU OF LAND MANAGEMENT 8
LANDS.— 9
(i) Approximately 26.15 acres of land 10
located in T. 22 S., R. 29 E., sec. 35, Lot 11
9. 12
(ii) Approximately 85.50 acres of land 13
located in T. 22 S., R. 29 E., sec. 35, Lots 14
6 and 7. 15
(iii) Approximately 38.77 acres of 16
land located in— 17
(I) T. 22 S., R. 30 E., sec. 30, 18
Lot 1; and 19
(II) T. 22 S., R. 30 E., sec. 31, 20
Lots 6 and 7. 21
(iv) Approximately 154.9 acres of land 22
located in T. 22 S., R. 30 E., sec. 34, 23
N
1
⁄4SW
1
⁄4and SW
1
⁄4SW
1
⁄4, Lots 2 and 3. 24
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•S 689 IS
(v) Approximately 40.00 acres of land 1
located in T. 22 S., R. 30 E., sec. 34, 2
NE
1
⁄4SE
1
⁄4. 3
(vi) Approximately 375.17 acres of 4
land located in— 5
(I) T. 22 S., R. 30 E., sec. 35, 6
S
1
⁄2NE
1
⁄4, N
1
⁄2SE
1
⁄4, and SE
1
⁄4SE
1
⁄4, 7
Lots 3, 4, and 6; and 8
(II) T. 23 S., R. 30 E., sec. 2, 9
S
1
⁄2NE
1
⁄4, Lots 6 and 7. 10
(vii) Approximately 60.43 acres of 11
land located in— 12
(I) T. 22 S., R. 30 E., sec. 35, 13
SW
1
⁄4SW
1
⁄4; and 14
(II) T. 23 S., R. 30 E., sec. 2, 15
Lot 9. 16
(viii) Approximately 15.48 acres of 17
land located in T. 21 S., R. 30 E., sec. 31 18
in that portion of the NW
1
⁄4lying between 19
Lots 8 and 9. 20
(ix) Approximately 29.26 acres of 21
land located in T. 21 S., R. 30 E., sec. 31, 22
Lot 7. 23
(B) F
OREST SERVICE LANDS .—Approxi-24
mately 9,037 acres of land comprising the head-25
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•S 689 IS
waters area of the South Fork Tule River wa-1
tershed located east of and adjacent to the Tule 2
River Indian Reservation, and more particularly 3
described as follows: 4
(i) Commencing at the northeast cor-5
ner of the Tule River Indian Reservation 6
in T. 21 S., R. 31 E., sec. 16, Mount Dia-7
blo Base and Meridian, running thence 8
east and then southeast along the ridge of 9
mountains dividing the waters of the South 10
Fork of the Tule River and Middle Fork of 11
the Tule River, continuing south and then 12
southwest along the ridge of mountains di-13
viding the waters of the South Fork of the 14
Tule River and the Upper Kern River until 15
intersecting with the southeast corner of 16
the Tule River Indian Reservation in T. 22 17
S., R. 31 E., sec. 28, thence from such 18
point north along the eastern boundary of 19
the Tule River Indian Reservation to the 20
place of beginning. 21
(ii) The area encompassing— 22
(I) all of secs. 22, 23, 26, 27, 34, 23
35, and portions of secs. 13, 14, 15, 24
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•S 689 IS
16, 21, 24, 25, 28, 33, and 36, in T. 1
21 S., R. 31 E.; and 2
(II) all of secs. 3 and 10, and 3
portions of secs. 1, 2, 4, 9, 11, 14, 15, 4
16, 21, 22, 27, and 28, in T. 22 S., 5
R. 31 E. 6
(C) T
RIBALLY OWNED FEE LANDS .— 7
(i) Approximately 300 acres of land 8
known as the McCarthy Ranch and more 9
particularly described as follows: 10
(I) The SW
1
⁄4and that portion 11
of the SE
1
⁄4of sec. 9 in T. 22 S., R. 12
29 E., Mount Diablo Base and Merid-13
ian, in the County of Tulare, State of 14
California, according to the official 15
plat thereof, lying south and west of 16
the center line of the South Fork of 17
the Tule River, as such river existed 18
on June 9, 1886, in the County of 19
Tulare, State of California; excepting 20
therefrom an undivided one-half inter-21
est in and to the oil, gas, minerals, 22
and other hydrocarbon substances in, 23
on, or under such land, as reserved by 24
Alice King Henderson, a single 25
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•S 689 IS
woman, by Deed dated January 22, 1
1959, and Recorded February 18, 2
1959, in Book 2106, page 241, Tulare 3
County Official Records. 4
(II) An easement over and across 5
that portion of the SW
1
⁄4of sec. 10 in 6
T. 22 S., R. 29 E., Mount Diablo 7
Base and Meridian, County of Tulare, 8
State of California, more particularly 9
described as follows: 10
(aa) Beginning at the inter-11
section of the west line of the 12
SW
1
⁄4of sec. 10, and the south 13
bank of the South Tule Inde-14
pendent Ditch; thence south 20 15
rods; thence in an easterly direc-16
tion, parallel with such ditch, 80 17
rods; thence north 20 rods, 18
thence westerly along the south 19
bank of such ditch 80 rods to the 20
point of beginning; for the pur-21
pose of— 22
(AA) maintaining 23
thereon an irrigation ditch 24
between the headgate of the 25
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•S 689 IS
King Ditch situated on such 1
land and the SW
1
⁄4and that 2
portion of the SE
1
⁄4of sec. 3
9 in T. 22 S., R. 29 E., 4
lying south and west of the 5
centerline of the South Fork 6
of the Tule River, as such 7
river existed on June 9, 8
1886, in the County of 9
Tulare, State of California; 10
and 11
(BB) conveying there-12
through water from the 13
South Fork of the Tule 14
River to the SW
1
⁄4and that 15
portion of the SE
1
⁄4of sec. 16
9 in T. 22 S., R. 29 E., 17
lying south and west of the 18
centerline of the South Fork 19
of the Tule River, as such 20
river existed on June 9, 21
1886. 22
(bb) The easement described 23
in item (aa) shall follow the exist-24
ing route of the King Ditch. 25
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•S 689 IS
(ii) Approximately 640 acres of land 1
known as the Pierson/Diaz property in T. 2
22 S., R. 29 E., sec. 16, Mount Diablo 3
Base and Meridian, in the County of 4
Tulare, State of California, according to 5
the official plat thereof. 6
(iii) Approximately 375.44 acres of 7
land known as the Hyder property and 8
more particularly described as follows: 9
(I) That portion of the S
1
⁄2of 10
sec. 12 in T. 22 S., R. 28 E., Mount 11
Diablo Base and Meridian, in the 12
County of Tulare, State of California, 13
according to the official plat thereof, 14
lying south of the County Road known 15
as Reservation Road, excepting there-16
from an undivided one-half interest in 17
all oil, gas, minerals, and other hydro-18
carbon substances as reserved in the 19
deed from California Lands, Inc., to 20
Lovell J. Wilson and Genevieve P. 21
Wilson, recorded February 17, 1940, 22
in book 888, page 116, Tulare County 23
Official Records. 24
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•S 689 IS
(II) The NW
1
⁄4of sec. 13 in T. 1
22 S., R. 28 E., Mount Diablo Base 2
and Meridian, in the County of 3
Tulare, State of California, according 4
to the official plat thereof, excepting 5
therefrom the south 1200 feet thereof. 6
(III) The south 1200 feet of the 7
NW
1
⁄4of sec. 13 in T. 22 S., R. 28 8
E., Mount Diablo Base and Meridian, 9
in the County of Tulare, State of Cali-10
fornia, according to the official plat 11
thereof. 12
(iv) Approximately 157.22 acres of 13
land situated in the unincorporated area of 14
the County of Tulare, State of California, 15
known as the Trailor property, and more 16
particularly described as follows: The 17
SW
1
⁄4of sec. 11 in T. 22 S., R. 28 E., 18
Mount Diablo Base and Meridian, in the 19
unincorporated area of the County of 20
Tulare, State of California, according to 21
the official plat thereof. 22
(v) Approximately 89.45 acres of land 23
known as the Tomato Patch in that por-24
tion of the SE
1
⁄4of sec. 11 in T. 22 S., R. 25
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•S 689 IS
28 E., Mount Diablo Base and Meridian, 1
in the County of Tulare, State of Cali-2
fornia, according to the Official Plat of the 3
survey of such land on file in the Bureau 4
of Land Management at the date of the 5
issuance of the patent thereof, and more 6
particularly described as follows: Beginning 7
at the southeast corner of T. 22 S., R. 28 8
E., sec. 11, thence north and along the 9
east line of such sec. 11, 1342 feet, thence 10
south 83° 44’ west 258 feet, thence north 11
84° 30’ west 456 feet, thence north 65° 12
28’ west 800 feet, thence north 68° 44’ 13
west 295 feet, thence south 71° 40’ west 14
700 feet, thence south 56° 41’ west 240 15
feet to the west line of the SE
1
⁄4of such 16
sec. 11, thence south 0° 21’ west along 17
such west line of the SE
1
⁄4of sec. 11, 18
thence west 1427 feet to the southwest 19
corner of such SE
1
⁄4of sec. 11, thence 20
south 89° 34’ east 2657.0 feet to the point 21
of beginning, excepting therefrom— 22
(I) a strip of land 25 feet in 23
width along the northerly and east 24
sides and used as a County Road; and 25
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•S 689 IS
(II) an undivided one-half inter-1
est in all oil, gas, and minerals in and 2
under such lands, as reserved in the 3
Deed from Bank of America, a cor-4
poration, dated August 14, 1935, filed 5
for record August 28, 1935, Fee Book 6
11904. 7
(vi) Approximately 160 acres of land 8
known as the Smith Mill in the NW
1
⁄4of 9
the NE
1
⁄4, the N
1
⁄2of the NW
1
⁄4, and the 10
SE
1
⁄4of the NW
1
⁄4of sec. 20 in T. 21 S., 11
R. 31 E., Mount Diablo Base and Merid-12
ian, in the County of Tulare, State of Cali-13
fornia, according to the official plat there-14
of. 15
(vii) Approximately 35 acres of land 16
located within the exterior boundaries of 17
the Tule River Reservation known as the 18
Highway 190 parcel, with the legal de-19
scription as follows: That portion of T. 21 20
S., R. 29 E., sec. 19, Mount Diablo Base 21
and Meridian, in the County of Tulare, 22
State of California, according to the offi-23
cial plat thereof, and more particularly de-24
scribed as follows: Commencing at a point 25
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•S 689 IS
in the south line of the N
1
⁄2of the S
1
⁄2of 1
such sec. 19, such point being south 89° 2
54’ 47’’ east, 1500.00 feet of the south-3
west corner of such N
1
⁄2, thence north 52° 4
41’ 17’’ east, 1602.80 feet to the true 5
point of beginning of the parcel to be de-6
scribed, thence north 32° 02’ 00’’ west, 7
1619.53 feet to a point in the southeast-8
erly line of State Highway 190 per deeds 9
recorded May 5, 1958, in Book 2053, 10
pages 608 and 613, Tulare County Official 11
Records, thence north 57° 58’ 00’’ east, 12
232.29 feet, thence north 66° 33’ 24’’ east, 13
667.51 fee, thence departing the southeast-14
erly line of such Highway 190, south 44° 15
53’ 27’’ east, 913.62 feet, thence south 85° 16
53’ 27’’ east, 794.53 feet, thence south 52° 17
41’ 17’’ west, 1744.64 feet to the true 18
point of beginning. 19
(viii) Approximately 61.91 acres of 20
land located within the exterior boundaries 21
of the Tule River Reservation known as 22
the Shan King property, with the legal de-23
scription as follows: 24
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•S 689 IS
(I) Parcel 1: Parcel No. 1 of par-1
cel map no. 4028 in the County of 2
Tulare, State of California, as per the 3
map recorded in Book 41, page 32 of 4
Tulare County Records. 5
(II)(aa) Parcel 2: That portion of 6
T. 21 S., R. 29 E., sec. 19, Mount 7
Diablo Base and Meridian, in the 8
County of Tulare, State of California, 9
described as follows: Commencing at a 10
point in the south line of the N
1
⁄2of 11
the S
1
⁄2of such sec. 19, such point 12
being south 89° 54’ 58’’ east, 1500.00 13
feet of the southwest corner of such 14
N
1
⁄2, thence north 52° 41’ 06’’ east, 15
1602.80 feet to the southwesterly cor-16
ner of the 40.00 acre parcel shown on 17
the Record of Survey recorded in 18
Book 18, page 17, of Licensed Sur-19
veys, Tulare County Records, thence, 20
north 32° 01’ 28’’ west, 542.04 feet 21
along the southwesterly line of such 22
40.00 acre parcel to the true point of 23
beginning of the parcel to be de-24
scribed, thence, continuing north 32° 25
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•S 689 IS
01’ 28’’ west, 1075.50 feet to the 1
northwesterly corner of such 40.00 2
acre parcel, thence north 57° 58’ 50’’ 3
east, 232.31 feet along the southeast-4
erly line of State Highway 190, 5
thence north 66° 34’ 12’’ east, 6.85 6
feet, thence, departing the southeast-7
erly line of State Highway 190 south 8
29° 27’ 29’’ east, 884.73 feet, thence 9
south 02° 59’ 33’’ east, 218.00 feet, 10
thence south 57° 58’ 31’’ west, 93.67 11
feet to the true point of beginning. 12
(bb) The property described in 13
item (aa) is subject to a 100 foot min-14
imum building setback from the right- 15
of-way of Highway 190. 16
(III) Parcel 3: That portion of T. 17
21 S., R. 29 E., sec. 19, Mount Dia-18
blo Base and Meridian, County of 19
Tulare, State of California, described 20
as follows: Beginning at a point in the 21
south line of the N
1
⁄2of the S
1
⁄2of 22
such sec. 19, such point being south 23
89° 54’ 47’’ east, 1500.00 feet of the 24
southwest corner of such N
1
⁄2, thence 25
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•S 689 IS
north 7° 49’ 19’’ east, 1205.00 feet, 1
thence north 40° 00’ 00’’ west, 2
850.00 feet to a point in the south-3
easterly line of State Highway 190, 4
per deeds recorded May 5, 1958, in 5
Book 2053, pages 608 and 613, 6
Tulare County Official Records, 7
thence, north 57° 58’ 00’’ east, 8
941.46 feet, along the southeasterly 9
line of such Highway 190, thence de-10
parting the southeasterly line of such 11
Highway 190, south 32° 02’ 00’’ east, 12
1619.53 feet, thence south 52° 41’ 13
17’’ west, 1602.80 feet to the point of 14
beginning, together with a three-quar-15
ters (
3
⁄4) interest in a water system, 16
as set forth in that certain water sys-17
tem and maintenance agreement re-18
corded April 15, 2005, as document 19
no. 2005–0039177. 20
(ix) Approximately 18.44 acres of 21
land located within the exterior boundaries 22
of the Tule River Reservation known as 23
the Parking Lot 4 parcel with the legal de-24
scription as follows: That portion of the 25
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•S 689 IS
land described in that Grant Deed to Tule 1
River Indian Tribe, recorded June 1, 2010, 2
as document number 2010–0032879, 3
Tulare County Official Records, lying with-4
in the following described parcel: beginning 5
at a point on the east line of the NW
1
⁄4of 6
sec. 3 in T. 22 S., R. 28 E., Mount Diablo 7
Meridian, lying south 0° 49’ 43’’ west, 8
1670.53 feet from the N
1
⁄4corner of such 9
sec. 3, thence (1) south 89° 10’ 17’’ east, 10
46.50 feet; thence (2) north 0° 49’ 43’’ 11
east, 84.08 feet; thence (3) north 33° 00’ 12
00’’ west, 76.67 feet to the south line of 13
State Route 190 as described in that 14
Grant Deed to the State of California, re-15
corded February 14, 1958, in Volume 16
2038, page 562, Tulare County Official 17
Records; thence (4) north 0° 22’ 28’’ east, 18
73.59 feet to the north line of the SE
1
⁄4of 19
the NW
1
⁄4of such sec. 3; thence (5) south 20
89° 37’ 32’’ east, along such north line, 21
89.77 feet to the center-north sixteenth 22
corner of such sec. 3; thence (6) south 0° 23
49’ 43’’ west, along such east line of the 24
NW
1
⁄4of such sec. 3, a distance of 222.06 25
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•S 689 IS
feet to the point of beginning. Containing 1
0.08 acres, more or less, in addition to 2
that portion lying within Road 284. To-3
gether with the underlying fee interest, if 4
any, contiguous to the above-described 5
property in and to Road 284. This convey-6
ance is made for the purpose of a freeway 7
and the grantor hereby releases and relin-8
quishes to the grantee any and all 9
abutter’s rights including access rights, ap-10
purtenant to grantor’s remaining property, 11
in and to such freeway. Reserving however, 12
unto grantor, grantor’s successors or as-13
signs, the right of access to the freeway 14
over and across Courses (1) and (2) herein 15
above described. The bearings and dis-16
tances used in this description are on the 17
California Coordinate System of 1983, 18
Zone 4. Divide distances by 0.999971 to 19
convert to ground distances. 20
(b) T
ERMS ANDCONDITIONS.— 21
(1) E
XISTING AUTHORIZATIONS .—Any Federal 22
land transferred under this section shall be conveyed 23
and taken into trust subject to valid existing rights, 24
contracts, leases, permits, and rights-of-way, unless 25
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•S 689 IS
the holder of the right, contract, lease, permit, or 1
right-of-way requests an earlier termination in ac-2
cordance with existing law. The Bureau of Indian 3
Affairs shall assume all benefits and obligations of 4
the previous land management agency under such 5
existing rights, contracts, leases, permits, or rights- 6
of-way, and shall disburse to the Tribe any amounts 7
that accrue to the United States from such rights, 8
contracts, leases, permits, or rights-of-ways after the 9
date of transfer from any sale, bonus, royalty, or 10
rental relating to that land in the same manner as 11
amounts received from other land held by the Sec-12
retary in trust for the Tribe. 13
(2) I
MPROVEMENTS.—Any improvements con-14
stituting personal property, as defined by State law, 15
belonging to the holder of a right, contract, lease, 16
permit, or right-of-way on lands transferred under 17
this section shall remain the property of the holder 18
and shall be removed not later than 90 days after 19
the date on which the right, contract, lease, permit, 20
or right-of-way expires, unless the Tribe and the 21
holder agree otherwise. Any such property remaining 22
beyond the 90-day period shall become the property 23
of the Tribe and shall be subject to removal and dis-24
position at the Tribe’s discretion. The holder shall 25
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•S 689 IS
be liable for the costs the Tribe incurs in removing 1
and disposing of the property. 2
(c) W
ITHDRAWAL OFFEDERALLANDS.— 3
(1) I
N GENERAL.—Subject to valid existing 4
rights, effective on the date of enactment of this Act, 5
all Federal lands within the parcels described in sub-6
section (a)(2) are withdrawn from all forms of— 7
(A) entry, appropriation, or disposal under 8
the public land laws; 9
(B) location, entry, and patent under the 10
mining laws; and 11
(C) disposition under all laws pertaining to 12
mineral and geothermal leasing or mineral ma-13
terials. 14
(2) E
XPIRATION.—The withdrawals pursuant to 15
paragraph (1) shall terminate on the date that the 16
Secretary takes the lands into trust for the benefit 17
of the Tribe pursuant to subsection (a)(1). 18
(d) T
ECHNICALCORRECTIONS.—Notwithstanding 19
the descriptions of the parcels of land in subsection (a)(2), 20
the United States may, with the consent of the Tribe, 21
make technical corrections to the legal land descriptions 22
to more specifically identify the parcels to be exchanged. 23
(e) S
URVEY.— 24
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•S 689 IS
(1) IN GENERAL.—Unless the United States or 1
the Tribe requests an additional survey for the 2
transferred land or a technical correction is made 3
under subsection (d), the description of land under 4
this section shall be controlling. 5
(2) S
URVEY CONTROLS.—If the United States 6
or the Tribe requests an additional survey, that sur-7
vey shall control the total acreage to be transferred 8
into trust under this section. 9
(3) A
SSISTANCE.—The Secretary or the Sec-10
retary of Agriculture shall provide such assistance as 11
may be appropriate— 12
(A) to conduct additional surveys of the 13
transferred land; and 14
(B) to satisfy administrative requirements 15
necessary to accomplish the land transfers 16
under this section. 17
(f) D
ATE OFTRANSFER.—The Secretary shall issue 18
trust deeds for all land transfers under this section by not 19
later than 10 years after the Enforceability Date. 20
(g) R
ESTRICTION ON GAMING.—Lands taken into 21
trust pursuant to this section shall not be considered to 22
have been taken into trust for, nor eligible for, class II 23
gaming or class III gaming (as those terms are defined 24
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•S 689 IS
in section 4 of the Indian Gaming Regulatory Act (25 1
U.S.C. 2703)). 2
(h) S
TATUS OFWATERRIGHTS ONTRANSFERRED 3
L
ANDS.—Any water rights associated with lands trans-4
ferred pursuant to subparagraphs (A) through (C) of sub-5
section (a)(2) shall be held in trust for the Tribe but shall 6
not be included in the Tribal Water Right. 7
SEC. 9. SATISFACTION OF CLAIMS. 8
The benefits provided under this Act shall be in com-9
plete replacement of, complete substitution for, and full 10
satisfaction of any claim of the Tribe against the United 11
States that is waived and released by the Tribe under sec-12
tion 10(a). 13
SEC. 10. WAIVERS AND RELEASES OF CLAIMS. 14
(a) I
NGENERAL.— 15
(1) W
AIVERS AND RELEASES OF CLAIMS BY 16
THE TRIBE AND THE UNITED STATES AS TRUSTEE 17
FOR THE TRIBE .—Subject to the reservation of 18
rights and retention of claims set forth in subsection 19
(c), as consideration for recognition of the Tribe’s 20
Tribal Water Right and other benefits described in 21
the 2007 Agreement and this Act, the Tribe and the 22
United States, acting as trustee for the Tribe, shall 23
execute a waiver and release of all claims for the fol-24
lowing: 25
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•S 689 IS
(A) All claims for water rights within the 1
State of California based on any and all legal 2
theories that the Tribe or the United States 3
acting as trustee for the Tribe, asserted or 4
could have asserted in any proceeding, including 5
a general stream adjudication, on or before the 6
Enforceability Date, except to the extent that 7
such rights are recognized in the 2007 Agree-8
ment and this Act. 9
(B) All claims for damages, losses, or inju-10
ries to water rights or claims of interference 11
with, diversion, or taking of water rights (in-12
cluding claims for injury to lands resulting from 13
such damages, losses, injuries, interference 14
with, diversion, or taking of water rights) with-15
in California against the State, or any person, 16
entity, corporation, or municipality, that ac-17
crued at any time up to and including the En-18
forceability Date. 19
(2) W
AIVER AND RELEASE OF CLAIMS BY THE 20
TRIBE AGAINST THE UNITED STATES .—Subject to 21
the reservation of rights and retention of claims 22
under subsection (c), the Tribe shall execute a waiv-23
er and release of all claims against the United 24
States (including any agency or employee of the 25
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•S 689 IS
United States) for water rights within the State of 1
California first arising before the Enforceability 2
Date relating to— 3
(A) water rights within the State of Cali-4
fornia that the United States, acting as trustee 5
for the Tribe, asserted or could have asserted in 6
any proceeding, including a general stream ad-7
judication, except to the extent that such rights 8
are recognized as part of the Tribal Water 9
Right under this Act; 10
(B) foregone benefits from nontribal use of 11
water, on and off the Reservation (including 12
water from all sources and for all uses); 13
(C) damage, loss, or injury to water, water 14
rights, land, or natural resources due to loss of 15
water or water rights (including damages, 16
losses, or injuries to hunting, fishing, gathering, 17
or cultural rights, due to loss of water or water 18
rights, claims relating to interference with, di-19
version, or taking of water, or claims relating to 20
a failure to protect, acquire, replace, or develop 21
water, water rights, or water infrastructure) 22
within the State of California; 23
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•S 689 IS
(D) a failure to establish or provide a mu-1
nicipal rural or industrial water delivery system 2
on the Reservation; 3
(E) damage, loss, or injury to water, water 4
rights, land, or natural resources due to con-5
struction, operation, and management of irriga-6
tion projects on the Reservation and other Fed-7
eral land and facilities (including damages, 8
losses, or injuries to fish habitat, wildlife, and 9
wildlife habitat); 10
(F) failure to provide for operation, main-11
tenance, or deferred maintenance for any irriga-12
tion system or irrigation project; 13
(G) failure to provide a dam safety im-14
provement to a dam on the Reservation; 15
(H) the litigation of claims relating to any 16
water rights of the Tribe within the State of 17
California; 18
(I) the negotiation, execution, or adoption 19
of the 2007 Agreement (including exhibits A– 20
F) and this Act; 21
(J) the negotiation, execution, or adoption 22
of operational rules referred to in article 3.4 of 23
the 2007 Agreement in connection with any res-24
ervoir locations, including any claims related to 25
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•S 689 IS
the resolution of operational rules pursuant to 1
the dispute resolution processes set forth in the 2
article 8 of the 2007 Agreement, including 3
claims arising after the Enforceability Date; 4
and 5
(K) claims related to the creation or reduc-6
tion of the Reservation, including any claims re-7
lating to the failure to ratify any treaties and 8
any claims that any particular lands were in-9
tended to be set aside as a permanent homeland 10
for the Tribe but were not included as part of 11
the present Reservation. 12
(b) E
FFECTIVENESS.—The waivers and releases 13
under subsection (a) shall take effect on the Enforceability 14
Date. 15
(c) R
ESERVATION OF RIGHTS ANDRETENTION OF 16
C
LAIMS.—Notwithstanding the waivers and releases under 17
subsection (a), the Tribe and the United States, acting 18
as trustee for the Tribe, shall retain— 19
(1) all claims relating to the enforcement of, or 20
claims accruing after the Enforceability Date relat-21
ing to water rights recognized under the 2007 22
Agreement, any final court decree entered in the 23
Federal District Court for the Eastern District of 24
California, or this Act; 25
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•S 689 IS
(2) all claims relating to the right to use and 1
protect water rights acquired after the date of enact-2
ment of this Act; 3
(3) claims regarding the quality of water 4
under— 5
(A) the Comprehensive Environmental Re-6
sponse, Compensation, and Liability Act of 7
1980 (42 U.S.C. 9601 et seq.), including claims 8
for damages to natural resources; 9
(B) the Safe Drinking Water Act (42 10
U.S.C. 300f et seq.); 11
(C) the Federal Water Pollution Control 12
Act (33 U.S.C. 1251 et seq.) (commonly re-13
ferred to as the ‘‘Clean Water Act’’); and 14
(D) any regulations implementing the Acts 15
described in subparagraphs (A) through (C); 16
(4) all claims for damage, loss, or injury to land 17
or natural resources that are not due to loss of 18
water or water rights, including hunting, fishing, 19
gathering, or cultural rights; and 20
(5) all rights, remedies, privileges, immunities, 21
and powers not specifically waived and released pur-22
suant to this Act or the 2007 Agreement. 23
(d) E
FFECT OF2007 AGREEMENT AND ACT.—Noth-24
ing in the 2007 Agreement or this Act— 25
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•S 689 IS
(1) affects the authority of the Tribe to enforce 1
the laws of the Tribe, including with respect to envi-2
ronmental protections or reduces or extends the sov-3
ereignty (including civil and criminal jurisdiction) of 4
any government entity; 5
(2) affects the ability of the United States, act-6
ing as sovereign, to carry out any activity authorized 7
by law, including— 8
(A) the Comprehensive Environmental Re-9
sponse, Compensation, and Liability Act of 10
1980 (42 U.S.C. 9601 et seq.); 11
(B) the Safe Drinking Water Act (42 12
U.S.C. 300f et seq.); 13
(C) the Federal Water Pollution Control 14
Act (33 U.S.C. 1251 et seq.); 15
(D) the Solid Waste Disposal Act (42 16
U.S.C. 6901 et seq.); and 17
(E) any regulations implementing the Acts 18
described in subparagraphs (A) through (D); 19
(3) affects the ability of the United States to 20
act as trustee for any other Indian Tribe or an 21
allotee of any other Indian Tribe; 22
(4) confers jurisdiction on any State court— 23
(A) to interpret Federal law relating to 24
health, safety, or the environment; 25
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•S 689 IS
(B) to determine the duties of the United 1
States or any other party under Federal law re-2
garding health, safety, or the environment; 3
(C) to conduct judicial review of any Fed-4
eral agency action; or 5
(D) to interpret Tribal law; or 6
(5) waives any claim of a member of the Tribe 7
in an individual capacity that does not derive from 8
a right of the Tribe. 9
(e) T
OLLING OFCLAIMS.— 10
(1) I
N GENERAL.—Each applicable period of 11
limitation and time-based equitable defense relating 12
to a claim described in this section shall be tolled for 13
the period beginning on the date of enactment of 14
this Act and ending on the Enforceability Date. 15
(2) E
FFECT OF SUBSECTION .—Nothing in this 16
subsection revives any claim or tolls any period of 17
limitation or time-based equitable defense that ex-18
pired before the date of enactment of this Act. 19
(3) L
IMITATION.—Nothing in this section pre-20
cludes the tolling of any period of limitations or any 21
time-based equitable defense under any other appli-22
cable law. 23
(f) E
XPIRATION.— 24
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•S 689 IS
(1) IN GENERAL.—This Act shall expire in any 1
case in which the Secretary fails to publish a state-2
ment of findings under section 11 by not later 3
than— 4
(A) 8 years after the date of enactment of 5
this Act; or 6
(B) such alternative later date as is agreed 7
to by the Tribe and the Secretary, after pro-8
viding reasonable notice to the State of Cali-9
fornia. 10
(2) C
ONSEQUENCES.—If this Act expires under 11
paragraph (1)— 12
(A) the waivers and releases under sub-13
section (a) shall— 14
(i) expire; and 15
(ii) have no further force or effect; 16
(B) the authorization, ratification, con-17
firmation, and execution of the 2007 Agreement 18
under section 4 shall no longer be effective; 19
(C) any action carried out by the Sec-20
retary, and any contract or agreement entered 21
into pursuant to this Act, shall be void; 22
(D) any unexpended Federal funds appro-23
priated or made available to carry out the ac-24
tivities authorized by this Act, together with 25
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•S 689 IS
any interest earned on those funds, and any 1
water rights or contracts to use water and title 2
to other property acquired or constructed with 3
Federal funds appropriated or made available 4
to carry out the activities authorized by this Act 5
shall be returned to the Federal Government, 6
unless otherwise agreed to by the Tribe and the 7
United States and approved by Congress; and 8
(E) except for Federal funds used to ac-9
quire or construct property that is returned to 10
the Federal Government under subparagraph 11
(D), the United States shall be entitled to offset 12
any Federal funds made available to carry out 13
this Act that were expended or withdrawn, or 14
any funds made available to carry out this Act 15
from other Federal authorized sources, together 16
with any interest accrued on those funds, 17
against any claims against the United States— 18
(i) relating to— 19
(I) water rights in the State of 20
California asserted by— 21
(aa) the Tribe; or 22
(bb) any user of the Tribal 23
Water Right; or 24
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•S 689 IS
(II) any other matter covered by 1
subsection (a)(2); or 2
(ii) in any future settlement of water 3
rights of the Tribe. 4
SEC. 11. ENFORCEABILITY DATE. 5
The Enforceability Date shall be the date on which 6
the Secretary publishes in the Federal Register a state-7
ment of findings that— 8
(1) to the extent that the 2007 Agreement con-9
flicts with the Act, the 2007 Agreement has been 10
amended to conform with this Act; 11
(2) the 2007 Agreement, so revised, includes 12
waivers and releases of claims set forth in section 10 13
and has been executed by the parties, including the 14
United States; 15
(3) a final judgment and decree approving the 16
2007 Agreement, including Operation Rules, and 17
binding all parties to the action has been entered by 18
the Court, and all appeals have been exhausted; 19
(4) all of the amounts authorized to be appro-20
priated under section 7(a) have been appropriated 21
and deposited in the designated accounts; and 22
(5) the waivers and releases under section 10(a) 23
have been executed by the Tribe and the Secretary. 24
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•S 689 IS
SEC. 12. BINDING EFFECT; JUDICIAL APPROVAL; ENFORCE-1
ABILITY. 2
(a) I
NGENERAL.— 3
(1) L
AWSUIT.—1 or more Parties may file suit 4
in the Court requesting the entry of a final judge-5
ment and decree approving the Tribal Water Right 6
and the 2007 Agreement, provided that no such suit 7
shall be filed until after— 8
(A) the Tribe has confirmed that the 9
Phase I Reservoir will be sited at the location 10
described in section 3.4.B.(1) of the 2007 11
Agreement and that Exhibit E governs oper-12
ation of the Phase I Reservoir; or 13
(B) the Tribe has selected a substitute site 14
for the Phase I Reservoir pursuant to section 15
3.4.B.(2)(a) of the 2007 Agreement and— 16
(i) the Parties have agreed on Oper-17
ation Rules and the Secretary has executed 18
the 2007 Agreement; or 19
(ii) if the Parties have reached an im-20
passe in attempting to negotiate Operation 21
Rules, at least 1 Party has developed pro-22
posed Operation Rules to submit for judi-23
cial review and approval, and has shared 24
the proposed Operation Rules with the 25
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•S 689 IS
other Parties at least 90 days in advance 1
of filing the lawsuit. 2
(2) J
OINING UNITED STATES AS PARTY .— 3
Where suit is filed pursuant to this subsection, in-4
cluding the satisfaction of the requirements in sub-5
paragraph (A) or (B) of paragraph (1), the United 6
States may be joined in litigation for the purposes 7
set forth in this section. 8
(b) J
UDICIALAPPROVAL.—The Court shall have ex-9
clusive jurisdiction to review and determine whether to ap-10
prove the Tribal Water Right and the 2007 Agreement, 11
and on doing so over any cause of action initiated by any 12
Party arising from a dispute over the interpretation of the 13
2007 Agreement or this Act, and any cause of action initi-14
ated by any Party for the enforcement of the 2007 Agree-15
ment. 16
(c) F
AILURETOAGREE ONOPERATIONRULES.— 17
(1) I
N GENERAL .—Subject to subsection 18
(a)(1)(B)(ii), the Court shall have jurisdiction over 19
a cause of action that a Party initiates to establish 20
Operation Rules, where the Parties failed to reach 21
agreement on such Operation Rules. 22
(2) V
OLUNTARY DISPUTE RESOLUTION .—If a 23
suit is filed under paragraph (1), the Court shall 24
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•S 689 IS
refer the Parties to the voluntary dispute resolution 1
program of the Court. 2
(3) C
OURT SELECTION OF OPERATION 3
RULES.— 4
(A) I
N GENERAL.—If the voluntary dispute 5
resolution program does not, after a reasonable 6
amount of time as determined by the Court, re-7
sult in agreed-on Operation Rules, the Court 8
shall set a deadline by which any Party or 9
Downstream Water User may submit proposed 10
Operation Rules and, after briefing and hearing 11
evidence, select among the proffered Operation 12
Rule based on the criteria set forth in para-13
graph (4). 14
(B) I
MPLEMENTATION OF AGREED -ON OP-15
ERATION RULES.—Once the Court selects Oper-16
ation Rules pursuant to subparagraph (A), such 17
Operation Rules shall thereafter control and 18
shall be implemented by the Parties pursuant to 19
the terms directed by the Court. 20
(4) C
RITERIA FOR COURT SELECTION OF OPER -21
ATION RULES.— 22
(A) I
N GENERAL.—The Court shall select 23
the proffered Operation Rules that, if imple-24
mented, would be the most effective in— 25
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•S 689 IS
(i) regulating the flows in the South 1
Tule River to comply with the terms con-2
tained in the 2007 Agreement and the fol-3
lowing diversion limits, where the South 4
Tule Independent Ditch Company’s point 5
of diversion is the point of measurement, 6
including— 7
(I) where the natural flow is less 8
than 3 cubic feet per second (referred 9
to in this clause as ‘‘cfs’’), the Tribe 10
has a right to 1 cfs; 11
(II) where the natural flow is 12
greater than or equal to 3 cfs and less 13
than 5 cfs, the Tribe has a right to 14
1
1
⁄2cfs; 15
(III) where the natural flow is 16
greater than or equal to 5 cfs and less 17
than 10 cfs, the Tribe has a right to 18
2 cfs; and 19
(IV) where the natural flow is 20
greater than or equal to 10 cfs, the 21
Tribe has a right to any amount; 22
(ii) minimizing adverse impact on the 23
Parties other than the Tribe; and 24
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(iii) maintaining the right of the Tribe 1
to the reasonable and economic use of 2
water for domestic and stock purposes on 3
the Reservation. 4
(B) C
ONSIDERATION OF EXHIBIT E .—In 5
applying the criteria set forth in subparagraph 6
(A), the Court should consider the Operation 7
Rules governing the Phase I Reservoir de-8
scribed in section 3.4.B.(1) of the 2007 Agree-9
ment, as set forth in Exhibit E to the 2007 10
Agreement, which the Parties agreed on based 11
on consideration of that criteria. 12
(C) I
NCONSISTENCY OF PROPOSED OPER -13
ATION RULES WITH CRITERIA .— 14
(i) I
N GENERAL.—The Court shall not 15
approve the 2007 Agreement if the Court 16
finds that none of the proffered Operation 17
Rules are consistent with the criteria set 18
forth in subparagraph (A). 19
(ii) A
LTERNATIVE OPERATION 20
RULES.—If the Court finds that none of 21
the proffered Operation Rules are con-22
sistent with the criteria set forth in sub-23
paragraph (A), the Court may establish an 24
alternate process to allow the Parties to 25
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•S 689 IS
develop alternate Operation Rules that are 1
consistent with that criteria. 2
SEC. 13. MISCELLANEOUS PROVISIONS. 3
(a) W
AIVER OFSOVEREIGNIMMUNITY BY THE 4
U
NITEDSTATES.—Nothing in this Act waives the sov-5
ereign immunity of the United States, except as provided 6
in section 12(a)(2). 7
(b) O
THERTRIBESNOTADVERSELYAFFECTED.— 8
Nothing in this Act quantifies or diminishes any land or 9
water right, or any claim or entitlement to land or water, 10
of an Indian Tribe, band, or community other than the 11
Tribe. 12
(c) O
THERWATERRIGHTS OFUNITEDSTATESNOT 13
A
DVERSELYAFFECTED.—Nothing in this Act quantifies 14
or diminishes any other water right held by the United 15
States other than as a Downstream Water User. 16
(d) E
FFECT ONCURRENTLAW.—Nothing in this Act 17
affects any provision of law (including regulations) in ef-18
fect on the day before the date of enactment of this Act 19
with respect to pre-enforcement review of any Federal en-20
vironmental enforcement action. 21
(e) C
ONFLICT.—In the event of a conflict between the 22
2007 Agreement and this Act, this Act shall control. 23
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SEC. 14. ANTIDEFICIENCY. 1
The United States shall not be liable for any failure 2
to carry out any obligation or activity authorized by this 3
Act, including any obligation or activity under the 2007 4
Agreement, if adequate appropriations are not provided by 5
Congress expressly to carry out the purposes of this Act. 6
Æ
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