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A bill to approve the settlement of the water rights claims of the Agua Caliente Band of Cahuilla Indians, and for other purposes.
Introduced Apr 22, 2026 · Last action Jul 29, 2026 — Committee on Indian Affairs. Hearings held.
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Summary
This legislation is called the A bill to approve the settlement of the water rights claims of the Agua Caliente Band of Cahuilla Indians, and for other purposes. Committee on Indian Affairs. Hearings held.
Full bill text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4368 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4368
To approve the settlement of the water rights claims of the Agua
Caliente Band of Cahuilla Indians, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 22, 2026
Mr. Padilla (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 rights claims of the Agua
Caliente Band of Cahuilla Indians, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Agua Caliente Band
of Cahuilla Indians Water Rights Settlement Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Ratification of Agreement.
Sec. 5. Tribal water right.
Sec. 6. Settlement trust fund.
Sec. 7. Funding.
Sec. 8. Enforceability date.
Sec. 9. Waiver and release of claims.
Sec. 10. Satisfaction of claims.
Sec. 11. Possessory interest tax.
Sec. 12. Transfer of land into trust.
Sec. 13. Conveyance of Federal land to the Coachella Valley Water
District.
Sec. 14. Miscellaneous provisions.
Sec. 15. Antideficiency.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to achieve a fair, equitable, and final settlement of
all claims in the State of California to rights to water for--
(A) the Tribe; and
(B) the United States, acting as trustee for the
Tribe and Allottees;
(2) to achieve a fair, equitable, and final settlement of
claims regarding the Tribe's water related fees, the RAC, and
the Tribal Possessory Interest Tax;
(3) to authorize, ratify and confirm the Agreement among
the Tribe, CVWD, and DWA to the extent that the Agreement is
consistent with this Act;
(4) to authorize and direct the Secretary--
(A) to execute the Agreement; and
(B) to take any other actions necessary to carry
out the Agreement in accordance with this Act;
(5) to authorize funds necessary for the implementation of
the Agreement and this Act;
(6) to authorize the transfer of Federal land to the Tribe;
and
(7) to authorize the sale of Federal land to CVWD.
SEC. 3. DEFINITIONS.
In this Act:
(1) Adjacent lands.--The term ``Adjacent Lands'' means
lands that CVWD owns, leases, uses, occupies, controls, or
manages that are immediately adjacent to the Facility.
(2) Afy.--The term ``AFY'' means acre-feet per calendar
year.
(3) Agreement.--The term ``Agreement'' means--
(A) the document entitled ``Agua Caliente Band of
Cahuilla Indians Water Rights Settlement Agreement''
and dated May 19, 2025, and exhibits attached thereto;
and
(B) any amendment to the document referred to in
subparagraph (A) (including an amendment to an exhibit)
that is executed to ensure that the Agreement is
consistent with this Act.
(4) Agua caliente or tribe.--The term ``Agua Caliente'' or
``Tribe'' means the Agua Caliente Band of Cahuilla Indians, 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 18,
1957, as amended.
(5) Agua caliente development projects.--The term ``Agua
Caliente Development Projects'' means water related projects
which improve the water supply, water reliability, water
infrastructure, or water quality for the Agua Caliente Indian
Reservation and/or the Indio Subbasin.
(6) Agua caliente indian reservation or reservation.--The
terms ``Agua Caliente Indian Reservation'' or ``Reservation''
means all land within the exterior boundaries of the
Reservation, as established by Presidential Executive Order,
Federal patent, or department order, and any other lands that
are held in trust by the United States for the Tribe or
Allottees.
(7) 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
Allottees.
(8) Agua caliente litigation.--The term ``Agua Caliente
Litigation'' means Agua Caliente Band of Cahuilla Indians v.
Coachella Valley Water District, et al., EDCV 13-883 JGB, Agua
Caliente Band of Cahuilla Indians v. Coachella Valley Water
District, et al., EDCV 20-174 JGB, or both.
(9) 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 (Chapter 7.12 of the Tribal
Code).
(10) Allocate, allocated or allocation.--The terms
``Allocate'', ``Allocated'', or ``Allocation'' means the
Tribe's administration of the Tribal Water Right under the
Tribe's Water Ordinance to Allottees.
(11) 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--
(A) located within the exterior boundaries of the
Agua Caliente Indian Reservation; or
(B) Bureau of Indian Affairs tract numbers 584-1006
and 584-1010 in Riverside County, California,
consisting of approximately 37 acres located in
Sections 3, 11, 13 and 29, Township 4 South, Range 5
East, SBBM, set aside by the United States for the
benefit of a Tribal Member.
(12) Allottee.--The term ``Allottee'' means a person with a
beneficial real property interest in an Allotment.
(13) 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 Interior.
(14) Claims.--The term ``Claims'' means rights, claims,
demands, actions, compensation or causes of action, whether
known or unknown, and arising under any source of law.
(15) Coachella valley water district or cvwd.--The terms
``Coachella Valley Water District'' or ``CVWD'' means a county
water district formed in 1918 and organized and operating
pursuant to the County Water District Law and the Coachella
District Merger Law of the California Water Code.
(16) 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 Agreement.
(17) 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
1961.
(18) Distribute or distribution.--The term ``Distribute''
or ``Distribution'' means, when referencing the Tribal Water
Right, the provision of water by the Tribe under the Tribal
Water Right to Third Parties through lease, gift, transfer, or
any other means.
(19) Diversion.--The term ``Diversion'' means to receive,
withdraw, develop, produce, or capture water using a ditch,
canal, flume, bypass, pipeline, pit, collection or infiltration
gallery, conduit, well, pump, turnout, dam, or any other
mechanism or device.
(20) Domestic water.--The term ``Domestic Water'' means
potable water suitable for human consumption that is delivered
for any purpose to a residential customer, nonresidential
customer, commercial or industrial customer, governmental
customer, or institutional customer.
(21) Domestic water service.--The term ``Domestic Water
Service'' means the delivery of Domestic Water from CVWD's or
DWA's water infrastructure (including water pipelines, booster
stations, wells, treatment facilities, reservoirs, and
hydrants) and delivery of water for public and private fire
protection service.
(22) Enforceability date.--The term ``Enforceability Date''
means the date described in section 8.
(23) Facility land.--The term ``Facility Land'' means the
approximately 842.4 acres of land depicted on the map attached
to Exhibit 5 of the Agreement and described as follows, subject
to a final survey by the United States and any technical
corrections to conform to that survey:
San Bernardino Meridian
Area A: T. 3S., R. 3E, section 14: S1/2NE1/4SE1/4
Area B: T. 3S., R. 3E, section 14: SE1/4SE1/4
Area C: T. 3S., R. 3E, section 23: NE1/4NE1/4 (BLM
lot 4 North of Highway 111)
Area D: T. 3S., R.3E, section 23; NW1/4NE1/4 (North
of Highway 111)
Areas E, F and G: T. 3S, R. 3E, section 24: N1/
2NE1/4, N1/2NW1/4 (BLM lot 1 and 2 north of Highway
111)
Areas H, I and J: T. 3S., R. 4E. section 20: S1/
2NE1/4, S1/2NW1/4, S1/2
Areas K and L: T. 3S., R. 4E. section 28: W1/2NW1/
4NW1/4, NW1/4SW1/4NW1/4
Area M: T. 3S., R. 4E. section 30: N1/2NE1/4 (north
of Highway 111)
(24) 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--
(A) that is substantially in the form set forth in
Exhibit 2 of the Agreement, as amended if needed to
ensure consistency with this Act; and
(B) from which no further appeal may be taken.
(25) 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
rivers.
(26) Imported water.--The term ``Imported Water'' means
water that any person or entity imports into the Indio
Subbasin.
(27) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(28) Indio subbasin.--The term ``Indio Subbasin'' means the
Indio Subbasin (Subbasin 7-21.01) as defined by California
Department of Water Resources Bulletin 118.
(29) Irrigation.--The term ``Irrigation'' means water used
for agricultural purposes.
(30) Memorandum of cooperation.--The term ``Memorandum of
Cooperation'' means the Memorandum of Cooperation Regarding
Water Management among and between Agua Caliente, CVWD, and DWA
(attached as Exhibit 1 to the Agreement).
(31) Most likely descendant.--The term ``Most Likely
Descendant'' has the same meaning as used in California Code,
Public Resources Code 5097.98.
(32) Native groundwater.--The term ``Native Groundwater''
means the water which naturally replenishes and accumulates in
the aquifer and does not include Imported Water.
(33) Non-consumptive use.--The term ``Non-Consumptive Use''
means any use that does not remove water from a natural water
body.
(34) Operations, maintenance, and replacement.--The term
``operations, maintenance, and replacement'' means--
(A) any recurring or ongoing activity associated
with the day-to-day operation of a project;
(B) any activity related to scheduled or
unscheduled maintenance of a project; and
(C) any activity relating to repairing, replacing,
or rehabilitating a feature of a project.
(35) Other public agency.--The term ``Other Public Agency''
shall mean any and all political subdivisions or public
agencies of the State of California, other than Riverside
County, that but for the preemption in this Act otherwise would
have received revenue from the Riverside County Ad Valorem
Property Tax imposed on Possessory Interests.
(36) Parties.--The term ``Parties'' means Agua Caliente,
CVWD, DWA, and the United States.
(37) Possessory interest.--The term ``Possessory Interest''
means possession of, claim to, or right of possession of land
or improvements that is independent, durable, and exclusive of
rights held by others in the property, 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 Land.
(38) Produce, producing, or production of water.--The terms
``Produce'', ``Producing'', or ``Production of water'' means
the extraction of Groundwater or the diversion of surface
water, by pumping or any other method.
(39) 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 Cal. Water Code Sec. 31630, et seq. or Cal. Water
Code Appendix Sec. 100-15.4(b), or any comparable charge or
fee.
(40) 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 Districts.
(41) Riverside county.--The term ``Riverside County'' means
the County of Riverside in the State of California.
(42) 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 Interest, as authorized by the California
Constitution, article XIII, section 1, on behalf of various
taxing entities, that is subject to the limit described in
section 93(b) of the California Revenue & Taxation Code or any
similar tax levied by the Riverside County in the future. The
term shall not include any tax levy on behalf of any taxing
entity that is not subject to the limit described in section
93(b), such as any levy identified in sections 93(a), 93(c), or
96.31(a) of the California Revenue & Taxation Code.
(43) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(44) State.--The term ``State'' means the State of
California and all officers, agents, departments, and political
subdivisions of the State of California.
(45) 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 entities.
(46) Tribal cultural resource.--The terms ``Tribal Cultural
Resource'' means--
(A) human remains and associated grave goods;
(B) a burial site (as defined in section 2 of the
Native American Graves Protection and Repatriation Act
(25 U.S.C. 3001));
(C) cultural items (as defined in section 2 of the
Native American Graves Protection and Repatriation Act
(25 U.S.C. 3001));
(D) archaeological resources (as defined in section
3 of the Archaeological Resources Protection Act of
1979 (16 U.S.C. 470bb)); or
(E) Native American historic property (as defined
in section 300308 of title 54, United States Code).
(47) Tribal law.--The term ``Tribal Law'' means any law
duly enacted by Agua Caliente.
(48) Tribal member.--The term ``Tribal Member'' means any
person who is a duly enrolled member of the Agua Caliente.
(49) 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 impose, assess, collect, and disburse
pursuant to this Act.
(50) 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 imposition, assessment, levy, charge, or collection of the
Tribal Possessory Interest Tax on the Reservation.
(51) 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 Right.
(52) 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
contract.
(53) 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 Water.
(54) Tribal water right.--The term ``Tribal Water Right''
means the Agua Caliente's water rights--
(A) as identified in Section III of the Agreement
and section 5 of this Act, and
(B) as confirmed in the Final Decree.
(55) Tribe's water ordinance.--The term ``Tribe's Water
Ordinance'' means the Agua Caliente Water Authority Ordinance
(Chapter 7.12 of the Tribal Code), as amended, or any other
ordinance enacted by Agua Caliente governing water on the
Reservation.
(56) United states.--The term ``United States'' means the
United States of America and all departments, agencies,
bureaus, officers, and agents thereof.
(57) Use or using or used.--The terms ``Use'' or ``Using''
or ``Used'' mean the consumption, application, or other use of
water for any purpose, including but not limited to by
allocation, distribution, exchange, or lease.
(58) Water district.--The term ``Water District'' means
CVWD or DWA.
(59) Water districts.--The term ``Water Districts'' means
CVWD and DWA.
(60) 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 CVWD, in cooperation with DWA, uses to replenish the Indio
Subbasin.
SEC. 4. RATIFICATION OF AGREEMENT.
(a) Ratification.--
(1) In general.--Except as modified by this Act, and to the
extent that the Agreement does not conflict with this Act, the
Agreement is authorized, ratified, and confirmed.
(2) 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 Act, the amendment is
authorized, ratified, and confirmed.
(b) Execution.--
(1) In general.--To the extent the Agreement does not
conflict with this Act, the Secretary shall execute the
Agreement, including all exhibits to or parts of the Agreement
requiring the signature of the Secretary.
(2) Modifications.--Nothing in this Act prohibits the
Secretary, after execution of the Agreement, from approving any
modification to the Agreement, including an exhibit to the
Agreement, that is consistent with this Act, to the extent that
the modification does not otherwise require congressional
approval under 2116 of the Revised Statutes (25 U.S.C. 177) or
any other applicable provision of Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Agreement and this
Act, the Secretary shall comply with--
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), including the applicable
implementing regulations of that Act; and
(C) all other applicable Federal environmental laws
and regulations.
(2) Compliance.--
(A) In general.--In implementing the Agreement and
this Act, the Tribe shall prepare any necessary
environmental documents consistent with--
(i) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(ii) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), including the
applicable implementing regulations of that
Act; and
(iii) all other applicable Federal
environmental laws and regulations.
(B) Authorizations.--The Secretary shall--
(i) independently evaluate the
documentation required under subparagraph (A);
and
(ii) be responsible for the accuracy,
scope, and contents of that documentation.
(3) 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
1969 (42 U.S.C. 4321 et seq.).
(4) 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
Fund, 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 Secretary.
SEC. 5. TRIBAL WATER RIGHT.
(a) Confirmation of Tribal Water Right.--
(1) In general.--The Tribal Water Right is ratified,
confirmed, and declared to be valid.
(2) Quantification.--The Tribal Water Right consists of the
right to Produce and/or Use up to 20,000 AFY of Groundwater as
provided in Section III of the Agreement.
(3) Priority.--The Tribal Water Right shall have a priority
date no later than the 1876 and 1877 Executive Orders
establishing the Reservation and is prior and paramount to all
rights claimed by the Water Districts to Native Groundwater in
the Indio Subbasin.
(4) Use.--Any Use of the Tribal Water Right shall be
subject to the terms and conditions of the Agreement and this
Act.
(b) Intent of Congress.--It is the intent of Congress to provide to
each Allottee benefits that are equivalent to, or exceed, the benefits
the Allottees possess on the day before the enactment of this Act,
taking into consideration--
(1) the potential risks, costs, and time delay associated
with litigation that would be resolved by the Agreement and
this Act;
(2) the availability of funding under this Act from other
sources;
(3) the availability of water from the Tribal Water Right;
and
(4) the applicability of section 7 of the Act of February
8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), and this
Act to protect the interest of Allottees.
(c) 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 Act. The Tribal
Water Right shall not be subject to State law, regulation, or
jurisdiction, except as part of a comprehensive adjudication of
Groundwater rights in the Indio Subbasin if permitted by applicable
Federal law.
(d) Forfeiture and Abandonment.--The Tribal Water Right shall not
be subject to loss through non-use, forfeiture, abandonment, or other
operation of law.
(e) Authority of the Tribe.--
(1) In general.--Agua Caliente shall have the authority to
Use the Tribal Water Right on the Reservation in accordance
with the Agreement, this Act, and applicable Federal law.
(2) Use off the reservation.--
(A) In general.--Agua Caliente may Use the Tribal
Water Right off the Reservation, subject to and in
accordance with the terms of the Agreement, this Act,
applicable Federal law, and subject to the approval of
the Secretary.
(B) Maximum term.--The maximum term of any lease,
including all renewals under this paragraph, shall not
exceed 99 years.
(3) Allottee lease rights.--An Allottee may lease any
interest in land held by an Allottee, together with any portion
of the Tribal Water Right determined to be appurtenant to the
interest in the land, in accordance with the Tribe's Water
Ordinance, this Act, and the Agreement.
(4) Lawful purpose.--Subject to the terms of the Agreement
and this Act, Agua Caliente may Use the Tribal Water Right for
any lawful purpose.
(5) Reuse.--Agua Caliente may reuse water that has been
produced as part of the Tribal Water Right, subject to and in
accordance with the terms of the Agreement.
(f) Administration.--
(1) No alienation.--The Tribe shall not permanently
alienate any portion of the Tribal Water Right.
(2) Purchases or grants of land from indians.--An
authorization provided by this Act for the allocation,
distribution, leasing, or arrangement entered into pursuant to
this Act shall be considered to satisfy any requirement for
authorization of the action required by Federal law.
(3) 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 forfeiture, abandonment, relinquishment, or other
loss of all or any portion of the Tribal Water Right.
(4) Forbearance by the tribe.--Groundwater on which the
Tribe does not impose a Tribal Production Fee in accordance
with the forbearance provisions of Section V(A)(3) of the
Agreement will not be counted as a portion of the Tribal Water
Right, and the failure to impose a Tribal Production Fee
pursuant to Section V(A)(3) 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 Right.
(g) Water Related Fees.--
(1) Preemption of the rac.--The Tribal Water Right shall
not be subject to a RAC, in accordance with the Agreement. The
provisions of this subsection shall preempt any and all State
or local laws, decisions, rules, regulations, or actions having
the effect of law insofar and only insofar as they are
inconsistent with the provisions of this subsection.
(2) Tribal production fee.--The Tribe shall have the
authority to impose, assess, and collect a Tribal Production
Fee, subject to and in accordance with the terms of the
Agreement. The Tribal Production Fee shall be governed
exclusively by this subsection, the Agreement, and the Tribe's
Water Ordinance.
(3) Tribal water fee.--The Tribe shall have the authority
to impose, assess, and collect a Tribal Water Fee, subject to
and in accordance with the terms of the Agreement. The Tribal
Water Fee shall be governed exclusively by this subsection, the
Agreement, and the Tribe's Water Ordinance.
(4) Tribal water delivery charge.--The Tribe shall have the
authority to impose, assess, and collect a Tribal Water
Delivery Charge, subject to and in accordance with the terms of
the Agreement. The Tribal Water Delivery Charge shall be
governed exclusively by this subsection, the Agreement, and the
Tribe's Water Ordinance.
(5) Tribal deliveries.--Subject to and in accordance with
the Agreement, the Tribe shall have the right to deliver water
to water users on the Reservation Using the Tribal Water Right
at rates, fees, and terms and conditions determined by the
Tribe. Such Use of the Tribal Water Right shall not be subject
to a RAC.
(h) Allottees.--
(1) Applicability of the act of february 8, 1887.--The
provisions of section 7 of the Act of February 8, 1887 (25
U.S.C. 381), relating to the use of water for Irrigation
purposes, shall apply to the Tribal Water Right.
(2) 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 (m)(1).
(3) Allocations.--An Allottee shall be entitled to a just
and equitable distribution of water for Irrigation purposes.
(4) Claims.--
(A) Exhaustion of remedies.--Before asserting any
claim against the United States under section 7 of the
Act of February 8, 1887 (24 Stat. 390, chapter 119, 25
U.S.C. 381), or any other applicable law, an Allottee
shall exhaust remedies available under the Tribe's
Water Ordinance or other applicable Tribal Law.
(B) Action for relief.--After the exhaustion of all
remedies available under the Tribe's Water Ordinance or
other applicable Tribal Law, an Allottee may seek
relief under section 7 of the Act of February 8, 1887
(24 Stat. 390, chapter 119; 25 U.S.C. 381), or other
applicable law.
(5) Authority of the secretary.--The Secretary shall have
the authority to protect the rights of Allottees in accordance
with this section.
(i) The Tribe's Water Ordinance.--To the extent necessary, and
subject to and in accordance with the approval of the Secretary, the
Tribe shall amend the Tribe's Water Ordinance to provide--
(1) 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 (m)(1);
(2) a process by which an Allottee may request that the
Tribe provide water for Irrigation in accordance with this Act,
including the provision of water under any Allottee lease under
section 4 of the Act of June 25, 1910 (36 Stat. 856, chapter
431; 25 U.S.C. 403);
(3) a due process system for the consideration and
determination by the Tribe of any request of an Allottee (or a
successor in interest to an Allottee) for an allocation of
water for Irrigation on an Allotment, including a process for--
(A) appeal and adjudication of any denied or
disputed distribution of water;
(B) resolution of any contested administrative
decision; and
(C) a requirement that any Allottee asserting a
claim relating to the enforcement of rights of the
Allottee under the Tribe's Water Ordinance, including
to the quantity of water allocated to land of the
Allottee, 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 (h)(4)(B); and
(4) a process by which an owner of fee land within the
Reservation may apply for Use of a portion of the Tribal Water
Right, subject to and in accordance with the Agreement and this
Act.
(j) Action by the Secretary.--
(1) 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 (i),
the Secretary shall administer, with respect to the rights of
the Allottees, the Water Rights identified under subsection
(i)(1).
(2) Approval.--The Tribe's Water Ordinance, amended
pursuant to subsection (i), shall not be valid unless--
(A) the amendments described in that subsection
have been approved by the Secretary; and
(B) each subsequent amendment to the Tribe's Water
Ordinance that affects the rights of an Allottee is
approved by the Secretary.
(3) Approval period.--
(A) In general.--Except as provided in subparagraph
(B), the Secretary shall approve or disapprove the
Tribe's Water Ordinance amendments described in
subsection (i) not later than 180 days after the date
on which the amendments are submitted to the Secretary.
(B) Extension.--The deadline described in
subparagraph (A) may be extended by the Secretary after
consultation with the Tribe.
(k) Effect.--Except as otherwise expressly provided in this
section, nothing in this Act--
(1) authorizes any action by an Allottee against any
individual or entity, or against Agua Caliente, under Federal,
State, Tribal, or local law; or
(2) alters or affects the status of any action brought
pursuant to section 1491(a) of title 28, United States Code.
(l) Domestic Water Service.--Subject to and in accordance with the
Agreement, the Water Districts shall have the authority to provide
Domestic Water Service on the Reservation.
(m) Tribe's Surface Water Rights.--
(1) Tahquitz creek and andreas creek.--The Tribe's water
rights in Tahquitz Creek and Andreas Creek, as described in
Section VII(A) of the Agreement, shall be held in trust by the
United States on behalf of the Tribe and Allottees in
accordance with the Agreement and this Act. The Tribe's
Diversion and Use of the surface water shall be subject to and
in accordance with the Agreement.
(2) Whitewater ranch.--The Tribe's water rights to the
surface water at Whitewater Ranch, as described in Section
VII(B) of the Agreement, shall be held in trust by the United
States on behalf of the Tribe in accordance with the Agreement
and this Act. The Tribe's Diversion and Use of the surface
water shall be subject to and in accordance with the Agreement.
(n) Traditional and Cultural Uses.--The Tribe and Tribal Members
shall have the right to produce and use water from wells, streams,
seeps, and springs on the Reservation for traditional and cultural
purposes. Such uses shall not be counted as use of the Tribal Water
Right as long as it is for Non-consumptive use.
(o) Storage of Imported Water.--The Tribe shall have the right to
store Imported Water in the Indio Subbasin and recover such stored
water, subject to and in accordance with the Agreement.
SEC. 6. SETTLEMENT TRUST FUND.
(a) Establishment.--The Secretary shall establish a trust fund, to
be known as the ``Agua Caliente Settlement Trust Fund'', to be managed,
invested, and distributed by the Secretary and to remain available
until expended, withdrawn, or reverted to the general fund of the
Treasury, consisting of amounts deposited in the Agua Caliente
Settlement Trust Fund under subsection (c), together with any
investment earnings, including interest, earned on those amounts, for
the purpose of carrying out this Act.
(b) Agua Caliente Settlement Trust Fund Accounts.--The Secretary
shall establish in the Agua Caliente Settlement Trust Fund the
following accounts:
(1) Agua Caliente Development Projects Account.
(2) Agua Caliente Groundwater Augmentation Account.
(3) Agua Caliente Water Management Account.
(4) Agua Caliente Operation, Maintenance, and Replacement
Costs Account.
(c) Deposits.--The Secretary shall deposit in the Agua Caliente
Settlement Trust Fund the amounts made available under section 7(a).
(d) Management and Interest.--
(1) Management.--On receipt and deposit of funds into the
Agua Caliente Settlement Trust Fund under subsection (c), the
Secretary shall manage, invest, 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--
(A) the first section of the Act of June 24, 1938
(25 U.S.C. 162a);
(B) the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
(C) this subsection.
(2) Investment earnings.--In addition to the amounts
deposited under subsection (c), any investment earnings,
including interest, earned on those amounts, held in the Agua
Caliente Settlement Trust Fund are authorized to be used in
accordance with subsections (e) and (h).
(e) Availability of Amounts.--
(1) In general.--Amounts appropriated to, and deposited in,
the Agua Caliente Settlement Trust Fund, including any
investment earnings or interest earned on those amounts, shall
be made available to the Tribe by the Secretary beginning on
the Enforceability Date, subject to the requirements of this
section, except for funds to be made available to the Tribe
pursuant to paragraph (2).
(2) Implementation and initial development project funds.--
Notwithstanding paragraph (1), $50,000,000 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 deposited, for uses described in subsection (h)(1).
(f) Withdrawals.--
(1) Withdrawals by the tribe under the american indian
trust fund management reform act of 1994.--
(A) 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 1994 (25 U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the requirements
under the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal
management plan under this paragraph shall require that
the Tribe shall spend all amounts withdrawn from the
Agua Caliente Settlement Trust Fund, and any investment
earnings (including interest) earned in those amounts,
through the investments under the Tribal management
plan, in accordance with this Act and the Agreement.
(C) 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 (A) are used
in accordance with this Act.
(2) Withdrawals by tribe pursuant to an expenditure plan.--
(A) 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 plan.
(B) Requirements.--To be eligible to withdraw
amounts under an expenditure plan under subparagraph
(A), 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 subparagraph, subject to the condition
that the amounts shall be used for the purposes
described in this Act and the Agreement.
(C) 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 Tribe, in accordance with this
subsection and subsection (h).
(D) Approval.--The Secretary shall approve an
expenditure plan submitted under subparagraph (A) if
the Secretary determines that the expenditure plan--
(i) is reasonable; and
(ii) is consistent with, and will be used
for, the purposes of this Act.
(E) 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 Act.
(g) 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 (1) of
subsection (f) or an expenditure plan under paragraph (2) of that
subsection, except under subchapter II of chapter 5, and chapter 7, of
title 5, United States Code (commonly known as the ``Administrative
Procedure Act'').
(h) Uses.--
(1) Agua caliente development projects account.--The Agua
Caliente Development Projects Account established under
subsection (b)(1) may be used for the cost of planning,
permitting, designing, engineering, investing in, and
constructing water-related projects and facilities which
improve the water supply, water reliability, water
infrastructure, or water quality for water supplying the Agua
Caliente Indian Reservation or the Indio Subbasin, including
but not limited to recycling projects, and for conducting
related activities, including environmental compliance in the
development and construction of projects under this Act.
(2) Agua caliente groundwater augmentation account.--The
Agua Caliente Groundwater Augmentation Account established
under subsection (b)(2) shall be used by the Tribe, subject to
and in accordance with the Agreement, to reimburse, together
with any interest earned on those funds, 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 Reservation.
(3) Agua caliente water management account.--The Agua
Caliente Water Management Account established under subsection
(b)(3) may be used for Tribal Water Right management and
administration.
(4) Agua caliente operation, maintenance, and replacement
costs account.--The Agua Caliente Operation, Maintenance and
Replacement Costs Account established under subsection (b)(4)
may be used for operating, maintaining, rehabilitating,
reconstructing and replacing water infrastructure for any Agua
Caliente Development Projects, including but not limited to
recycled water projects.
(i) 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 (1) or (2) of subsection (f).
(j) 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 (1) or (2) of subsection (f), as
applicable.
(k) No Per Capita Distributions.--No portion of the Agua Caliente
Settlement Trust Fund shall be distributed on a per capita basis to any
Tribal Member.
(l) Title to Infrastructure.--
(1) Title to, control over, and operation of any project
constructed using funds from the Agua Caliente Settlement Trust
Fund shall remain in the Tribe, unless the Tribe otherwise
agrees, and except for projects that receive funding under this
Act, only through the Agua Caliente Groundwater Augmentation
Account, in accordance with the Agreement.
(2) Notwithstanding section 5(i), 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 Tribe, the Tribe and Water District will
determine appropriate title, control, and operation of the
project or project components.
(m) Operation, Maintenance, and Replacement Costs.--
(1) All operation, maintenance, and replacement costs of
any project constructed using funds from the Agua Caliente
Settlement Trust Fund shall be the responsibility of the Tribe,
unless the Tribe otherwise agrees, and except for projects that
receive funding under this Act, only through the Agua Caliente
Groundwater Augmentation Account, in accordance with the
Agreement.
(2) Notwithstanding section 5(i), 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 Tribe, the Tribe and Water District will
determine the appropriate sharing of operation, maintenance,
and replacement costs.
SEC. 7. FUNDING.
(a) Mandatory Appropriations.--Out of any money in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall transfer to
the Secretary the following amounts to deposit in the following
accounts:
(1) Agua caliente development projects account.--
$300,000,000, to remain available until expended, withdrawn, or
reverted to the general fund of the Treasury.
(2) Agua caliente groundwater augmentation account.--
$100,000,000, to remain available until expended, withdrawn, or
reverted to the general fund of the Treasury.
(3) Agua caliente water management account.--$50,000,000,
to remain available until expended, withdrawn, or reverted to
the general fund of the Treasury.
(4) Agua caliente operation, maintenance and replacement
costs account.--$50,000,000, to remain available until
expended, withdrawn, or reverted to the general fund of the
Treasury.
(b) Fluctuation in Costs.--
(1) In general.--The amounts appropriated under subsection
(a) shall be increased or decreased, as appropriate, by such
amounts as may be justified by reason of ordinary fluctuations
in costs, as indicated by the Bureau of Reclamation
Construction Cost Index-Composite Trend.
(2) Construction cost adjustment.--The amounts appropriated
under subsection (a) shall be adjusted to address construction
cost changes necessary to account for unforeseen market
volatility that may not otherwise be captured by engineering
costs indices, as determined by the Secretary, including
repricing applicable to the types of construction and current
industry standards involved.
(3) Repetition.--The adjustment process under this
subsection shall be repeated for each subsequent amount
appropriated until the authorized amount, as adjusted, has been
appropriated.
(4) Period of indexing.--The period of indexing and
adjustment under this subsection for any increment of funding
shall start on May 19, 2025, and shall end on the date on which
funds are deposited in the Agua Caliente Settlement Trust Fund.
SEC. 8. ENFORCEABILITY DATE.
(a) In General.--The enforceability date shall be the date on which
the Secretary publishes in the Federal Register a statement of findings
that--
(1) to the extent that the Agreement conflicts with this
Act, the Agreement has been amended to conform with this Act;
(2) the Agreement, as amended, has been executed by the all
the parties to the Agreement, including the United States;
(3) Congress has fully appropriated, or the Secretary has
provided from other sources, all funds for deposit in the
accounts under section 7(a);
(4) the Decree Court has approved the Agreement and entered
the Final Judgment and Decree; and
(5) the waivers and releases under section 9 have been
executed by the Tribe and the Secretary.
(b) Expiration.--
(1) In general.--This Act shall expire in any case in which
the Secretary fails to publish a statement of findings under
subsection (a) by not later than--
(A) December 31, 2035; or
(B) such alternative later date as is agreed to by
the Tribe, the Secretary, CVWD, and DWA.
(2) Consequences.--If this Act expires under paragraph
(1)--
(A) the waivers and releases under subsections (a),
(b), and (c) of section 9 shall not become effective;
(B) the authorization, ratification, confirmation,
and execution of the Agreement under section 4 shall no
longer be effective;
(C) any action carried out by the Secretary, and
contract or agreement entered into, pursuant to this
Act shall be void;
(D) any unexpended Federal funds appropriated or
made available to carry out the activities authorized
by this Act, together with any interest earned on those
funds, and any water rights or contracts to use water
and title to other property acquired or constructed
with Federal funds appropriated or made available to
carry out the activities authorized by this Act, shall
be returned to the Federal Government, unless otherwise
agreed to by the Tribe and the United States and
approved by Congress; and
(E) except for Federal funds used to acquire or
construct property that is returned to the Federal
Government under subparagraph (D), the United States
shall be entitled to offset any Federal funds made
available to carry out this Act that were expended or
withdrawn, or any funds made available to carry out
this Act from other Federal authorized sources,
together with any interest accrued on those funds,
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 subsection; or in any future settlement
of water rights of the Tribe.
SEC. 9. WAIVER AND RELEASE OF CLAIMS.
(a) 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 (e), as consideration
for the recognition of the Tribal Water Right and the other benefits
described in the Agreement and this Act, the Tribe on its own behalf
(and on behalf of Tribal Members where the Claims of the Tribal Members
derive from rights of the Tribe) and the United States, acting as
trustee for the Tribe, shall execute a waiver and release of all Claims
for--
(1) water rights that the Tribe, or the United States
acting as trustee for the Tribe, asserted or could have
asserted in any proceeding, including the Agua Caliente
Litigation, on or before the Enforceability Date, except to the
extent that such rights are recognized in the Agreement and
this Act;
(2) rights to pore space that the Tribe, or the United
States acting as trustee for the Tribe, asserted or could have
asserted in any proceeding, including the Agua Caliente
Litigation, on or before the Enforceability Date, except to the
extent that rights related to pore space are recognized in the
Agreement and this Act;
(3) damages, losses, or injuries to water rights or claims
of interference with, diversion of, or taking of water rights
(including Claims for injury to land resulting from such
damages, losses, injuries, interference with, diversion, or
taking of water rights) 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 Act;
(4) damages, losses, or injuries resulting from Groundwater
overdraft, including subsidence or loss of storage capacity,
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 Act;
(5) damages, losses, or injuries resulting from CVWD's or
DWA's imposition, assessment, levy, charge, 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 Act;
(6) 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 requirements;
(7) damages, 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 Date, or after the
Enforceability Date when as a result of actions consistent with
the Agreement and this Act; and
(8) damages, losses, or injuries arising out of, or
relating to, the negotiation, execution, or adoption of the
Agreement or the negotiation or execution of this Act.
(b) 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 (e), and in consideration for recognition of
the Tribal Water Right and the other benefits described in the
Agreement and this Act, the United States, acting as trustee for the
Allottees, shall execute a waiver and release of all Claims for water
rights within the Reservation that the United States, acting as trustee
for the Allottees, asserted or could have asserted in any proceeding,
including the Agua Caliente Litigation, on or before the Enforceability
Date, except to the extent that such rights are recognized in the
Agreement and this Act.
(c) Waivers and Releases of Claims by the Tribe Against the United
States.--Subject to the reservation of rights and retention of Claims
under subsection (e), the Tribe shall execute a waiver and release of
all Claims against the United States (including any agency or employee
of the United States) for or related to--
(1) water rights that the United States, acting as trustee
for the Tribe, asserted or could have asserted in any
proceeding, including the Agua Caliente Litigation, on or
before the Enforceability Date, except to the extent that such
rights are recognized as part of the Tribal Water Right under
the Agreement or this Act;
(2) foregone benefits from non-Tribal use of water, on and
off the Reservation, first arising before the Enforceability
Date;
(3) damages, losses, or injuries to water, water rights,
land, or natural resources due to loss of water or water rights
(including damages, losses, or injuries to hunting, fishing,
gathering, or cultural rights due to loss of water or water
rights, Claims relating to interference with, diversion of, or
taking of water, or Claims relating to failure to protect,
acquire, replace, or develop water, water rights, or water
infrastructure) first arising before the Enforceability Date;
(4) failure to prevent degradation of water quality in the
Indio Subbasin consistent with the Agreement, or resulting from
use of Recycled Water under the Agreement;
(5) failure of CVWD or DWA to deliver Domestic Water, or
provide Domestic Water Service, to Reservation Customers under
terms consistent with the Agreement and the exhibits thereto;
(6) failure of CVWD or DWA to comply with the Memorandum of
Cooperation;
(7) failure of the City of Palm Springs to comply with a
future agreement for a RW Project described in Section XVI(B)
of the Agreement;
(8) failure of the County of Riverside to comply with an
intergovernmental agreement entered into under section 11(b)(6)
of this Act;
(9) the litigation of Claims relating to any water right of
the Tribe in the Indio Subbasin, first arising before the
Enforceability Date; and
(10) damages, losses, or injuries arising out of, or
relating to, the negotiation, execution, or adoption of the
Agreement or the negotiation or execution of this Act, first
arising before the Enforceability Date.
(d) Effective Date.--The waivers and releases described in
subsections (a), (b), and (c) shall take effect on the Enforceability
Date.
(e) 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 (a), (b),
and (c), the Tribe and the United States, acting as trustee for the
Tribe and Allottees, shall retain--
(1) all Claims for enforcement of the Agreement, this Act,
and the Final Judgment and Decree;
(2) except as provided by Sections XIV(D) and XV(C) of the
Agreement, all Claims under State and Federal law related to
activities affecting the quality of water, including Claims
under--
(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.) and amendments thereto, including for damages
to natural resources;
(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
(C) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) (commonly referred to as the
``Clean Water Act'') and amendments thereto; and
(D) any regulations implementing the Acts described
in subparagraphs (A) through (C).
(3) the right to use and protect water rights acquired
after the enactment of this Act;
(4) Claims for damages, losses, or injuries to land or
natural resources, including hunting, fishing, gathering, or
cultural rights, that are not due to loss of water or water
rights under subsection (a)(3) and are not covered by
subsections (a)(2) and (a)(4) through (a)(7);
(5) Claims for damages, losses, or injuries resulting from
a Water District's failure to obtain the requisite permission,
consent, 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 law;
(6) Claims for damages, losses, or injuries resulting from
a Water District's negligent, reckless, or willful misconduct;
(7) all rights, remedies, privileges, immunities, and
powers and Claims not waived and released pursuant to the
Agreement or this Act; and
(8) the right to assert all defenses, including sovereign
immunity, that the Tribe and United States otherwise could
assert in response to the Claims retained by CVWD and DWA in
section XIX(F) of the Agreement.
(f) Effect of Title.--Nothing in this Act--
(1) reduces or extends the sovereignty (including civil and
criminal jurisdiction) of any government entity, except to the
degree that specific actions are preempted, prohibited,
authorized, or required;
(2) affects the ability of the United States, acting as
sovereign, to carry out any activity authorized by law,
including--
(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.) and amendments thereto;
(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.) and amendments thereto;
(C) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) (commonly referred to as the
``Clean Water Act'') and amendments thereto;
(D) the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.); and
(E) any regulations implementing the Acts described
in subparagraphs (A) through (D).
(3) affects the ability of the United States to act as
trustee for any other Indian Tribe or an allottee of any other
Indian Tribe;
(4) confers jurisdiction on any State court--
(A) to interpret Federal law relating to health,
safety, or the environment;
(B) to determine the duties of the United States or
any other party under Federal law regarding health,
safety, or the environment;
(C) to conduct judicial review of a Federal agency
action; or
(D) to interpret Tribal Law; or
(5) waives any Claim of a Tribal Member in an individual
capacity that does not derive from a right of the Tribe.
(g) Tolling of Claims.--
(1) 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 Date.
(2) 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 Act.
(3) Limitation.--Nothing in this section precludes the
tolling of any period of limitation or any time-based equitable
defense under any other applicable law.
SEC. 10. SATISFACTION OF CLAIMS.
(a) In General.--The benefits provided to the Tribe under this Act
shall be in complete replacement of, complete substitution for, and
full satisfaction of all Claims of the Tribe against the United States
that are waived and released pursuant to section 9(c).
(b) Allottee Claims.--The benefits realized by the Allottees under
this Act shall be in complete replacement of, complete substitution
for, and full satisfaction of--
(1) all Claims that are waived and released pursuant to
section 9(b); and
(2) 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 9(b).
SEC. 11. POSSESSORY INTEREST TAX.
(a) Preemption of Riverside County Ad Valorem Property Tax.--
(1) 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
Interest. The provisions of this section shall preempt any and
all State or local laws, decisions, rules, regulations, or
actions having the effect of law insofar as inconsistent with
the provisions of this section.
(2) Limited applicability.--The preemption in this section
shall not apply to any fee, tax, assessment, levy, or other
charge imposed by any Other Public Agency.
(b) Tribal Possessory Interest Tax.--
(1) In general.--The Tribe shall have the authority to
impose, assess, collect, and distribute a Tribal Tax on
Possessory Interests in lieu of the Riverside County Ad Valorem
Property Tax. Such tax shall be governed exclusively by this
section and any law adopted by the Tribe to implement the
Tribal Tax. The Tribe may delegate this authority to the
Riverside County via an intergovernmental agreement as provided
in paragraph (6).
(2) 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 that, but for the preemption in this
section, 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 period.
(3) Exemptions.--Leaseholds, easements, rights of way, 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 Tax.
(4) Distributions to other public agencies.--Subject to
paragraph (8), the Tribe shall distribute Tribal Tax proceeds
to Other Public Agencies in the amounts that, but for the
preemption in this section, such Other Public Agencies would
have been entitled to receive from the levy of the Riverside
County Property Tax on the Possessory Interests. These
distributions will take priority over any other use of the
Tribal tax proceeds and will be made in accordance with the Tax
Apportionment Schedule.
(5) Enforcement.--The requirements of this section,
including the distributions to Other Public Agencies pursuant
to paragraph (4), shall be enforceable by Other Public Agencies
in Federal district court, except to the degree that
enforcement is available in an intergovernmental agreement with
the County pursuant to paragraph (6). The Tribe waives its
sovereign immunity for the specific and limited purpose of
enforcing those requirements.
(6) Delegation of authority.--The Tribe may delegate its
authority to assess, collect, and distribute the Tribal Tax to
Riverside County through an intergovernmental agreement. Such
agreement shall provide that Riverside County shall distribute
to Other Public Agencies the amounts that, but for the
preemption in this section, 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 Schedule. Such agreement
will also provide that the Other Public Agencies are third-
party beneficiaries of the Agreement and entitled to enforce
its terms.
(7) 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--
(A) offsetting the operating cost of the Agua
Caliente Water Authority;
(B) offsetting the cost of operation, maintenance,
repair, and replacement of the Tribe's water project
infrastructure;
(C) funding the Tribe's government, including but
not limited to offsetting costs associated with
administering the Tribal Tax; and
(D) providing funds to Other Public Agencies,
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 section.
(8) Limitation on distributions to other public agencies.--
Unless the Tribe determines otherwise, 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 revenue, than the Other Public Agencies
would otherwise receive pursuant to California law but for the
preemption in this section.
(c) Effective Date.--This section shall take effect on the first
day of January following the Enforceability Date.
SEC. 12. TRANSFER OF LAND INTO TRUST.
(a) Transfer of Land to Trust.--
(1) Lands to be held in trust.--Subject to valid existing
rights, and the requirements of this subsection, all right,
title, and interest of the United States in and to the land
described in paragraph (2) 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 Date.
(2) Bureau of land management lands to be held in trust.--
The land referred to paragraph (1) is--
(A) approximately 640 acres of land located in
Section 32, Township 5 South, Range 4 East, San
Bernadino Base and Meridian;
(B) approximately 145 acres of land located in--
(i) the North \1/2\ of Government Lot 2 and
the South \1/2\ of Government Lot 1 in the
Northwest \1/4\ of Section 18, Township 4
South, Range 4 East, San Bernadino Base and
Meridian;
(ii) the Northwest \1/4\ of the Northeast
\1/4\ of the Southwest \1/4\ of Section 18,
Township 4 South, Range 4 East, San Bernadino
Base and Meridian;
(iii) the Northeast \1/4\ of the Northeast
\1/4\ of the Southwest \1/4\ of Section 18,
Township 4 South, Range 4 East, San Bernadino
Base and Meridian; and
(iv) the West \1/2\ of the Northeast \1/4\
of Section 18, Township 4 South, Range 4 East,
San Bernadino Base and Meridian.
(C) approximately 647 acres of land comprising
Section 5, Township 5 South, Range 4 East, San
Bernadino Base and Meridian;
(D) approximately 640 acres of land comprising
Section 36, Township 5 South, Range 4 East, San
Bernadino Base and Meridian;
(E) approximately 640 acres of land located in
Section 16, Township 4 South, Range 4 East, San
Bernadino Base and Meridian; and
(F) approximately 30 acres of land located in--
(i) the East \1/2\ of the West \1/2\ of the
Northwest \1/4\ of the Northeast \1/4\ of
Section 17 Township 4 South, Range 4 East San
Bernadino Base and Meridian;
(ii) the West \1/2\ of the West \1/2\ of
the Northwest \1/4\ of the Northeast \1/4\ of
Section 17 Township 4 South, Range 4 East, San
Bernadino Base and Meridian; and
(iii) the West \1/2\ of the East \1/2\ of
the Northwest \1/4\ of the Northeast \1/4\ of
Section 17 Township 4 South, Range 4 East, San
Bernadino Base and Meridian.
(3) CDPA.--The lands referred to and delineated in clauses
(ii), (iii), and (iv) of paragraph (2)(B) shall be transferred
notwithstanding section 714(b) of the California Desert
Protection Act of 1994 (16 U.S.C. 410aaa-81c(b)).
(4) Santa rosa and san jacinto mountains national monument
act of 2000.--The lands referred to and delineated in paragraph
(2)(A) through (E) shall be transferred notwithstanding section
5(i)(1)(a) of the Santa Rosa and San Jacinto Mountains National
Monument Act of 2000 (Public Law 106-351).
(b) Terms and Conditions.--
(1) Existing authorizations.--Any Federal land transferred
under this section shall be conveyed and taken into trust
subject to valid existing rights, contracts, leases, permits,
and rights-of-way, unless the holder of the right, contract,
lease, permit, or right-of-way requests and earlier termination
in accordance with existing law. The Bureau of Indian Affairs
shall assume all benefits and obligations of the previous land
management agency under such existing rights, contracts,
leases, permits, or rights-of-way, and shall disburse to the
Tribe any amounts that accrue to the United States from such
rights, contracts, leases, permits, or rights-of-ways after the
date of transfer from any sale, bonus, royalty, or rental
relating to that land in the same manner as amounts received
from other land held by the Secretary in trust for the Tribe.
(2) Improvements.--Any improvements constituting personal
property, as defined by State law, belonging to the holder of a
right, contract, lease, permit, or right-of-way on lands
transferred under this section shall remain the property of the
holder and shall be removed no later than 90 days after the
date on which the right, contract, lease, permit, or right-of-
way expires, unless the Tribe and the holder agree otherwise.
Any such property remaining beyond the 90-day period shall
become the property of the Tribe and shall be subject to
removal and disposition at the Tribe's discretion. The holder
shall be liable for costs the Tribe incurs in removing and
disposing of the property.
(c) Withdrawal of Federal Lands.--
(1) In general.--Subject to valid existing rights,
effective on the date of enactment of this Act, all Federal
lands within the parcels described in subsection (a)(2) are
withdrawn from all forms of--
(A) entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under all laws pertaining to
mineral and geothermal leasing or mineral materials.
(d) Technical Corrections.--Notwithstanding the descriptions of the
parcels of land in subsection (a)(2), the United States may, with the
consent of the Tribe, make technical corrections to the legal land
descriptions to more specifically identify the parcels to be
transferred into trust for the Tribe.
(e) Survey.--
(1) Unless the United States or the Tribe requests an
additional survey for the transferred land or a technical
correction is made under subsection (d), the description of
land under this section shall be controlling.
(2) If the United States or the Tribe requests an
additional survey, that survey shall control the total acreage
to be transferred into trust under this section.
(3) The Secretary of Interior or Secretary of Agriculture
shall provide such assistance as may be appropriate--
(A) to conduct additional surveys of the
transferred land; and
(B) to satisfy administrative requirements
necessary to accomplish the land transfers under this
section.
(f) Date of Transfer.--The Secretary shall issue trust deeds for
all land transfers under this section by not later than 10 years after
the Enforceability Date.
(g) Restriction on Gaming.--Lands taken into trust pursuant to this
section shall not be considered to have been taken into trust for, nor
eligible for, class II gaming or class III gaming (as those terms are
defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C.
2703)).
(h) Status of Water Rights on Transferred Lands.--Any water rights
associated with the lands transferred pursuant to subsection (a)(1)
shall be held in trust for the Tribe but shall not be included in the
Tribal Water Right.
SEC. 13. CONVEYANCE OF FEDERAL LAND TO THE COACHELLA VALLEY WATER
DISTRICT.
(a) In General.--Notwithstanding the land use planning requirements
of sections 202 and 203 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1712, 1713), if not later than 30 days after
completion of the appraisal required under subsection (b), CVWD submits
to the Secretary an offer to acquire the Facility Land for the Fair
Market Value as determined pursuant to subsection (b), the Secretary
shall, not later than 30 days after the date of the offer, convey to
CVWD all right, title, and interest to the Facility Land, subject to
valid existing rights.
(b) Determination of Fair Market Value.--
(1) In general.--Not later than 90 days after the
Enforceability Date, the Secretary shall determine the fair
market value of the Facility Land--
(A) in accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(B) based on an appraisal that is conducted in
accordance with--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(2) Cost of appraisal.--All costs associated with the
appraisal under paragraph (1) shall be borne by CVWD.
(c) Payment of Consideration.--Not later than 30 days after the
date on which the Facility Land is conveyed under subsection (a), as a
condition of the conveyance, CVWD shall pay to the Secretary an amount
equal to the fair market value as determined under subsection (b).
(d) Costs of Conveyance.--In addition to the fair market value
determined under subsection (b), CVWD, as the buyer, shall pay all
costs related to the applicable conveyance, including surveys and
appraisals.
(e) Disposition of Proceeds.--The proceeds from the sale of the
Facility Land shall be--
(1) deposited in the Federal Land Deposit Account
established by section 206 of the Federal Land Transaction
Facilitation Act (43 U.S.C. 2305(a)); and
(2) used in accordance with that Act.
(f) Technical Corrections.--Notwithstanding the descriptions of the
Facility Land as defined in section 3, the United States may, with the
consent of CVWD, make technical corrections to the legal land
descriptions to more specifically identify the parcels to be
transferred to CVWD.
(g) Protection of Cultural Resources.--
(1) 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 cease, or cause the
cessation of, all ground disturbing activity in the immediate
vicinity (defined 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 features) of the suspected Tribal
Cultural Resources.
(2) 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--
(A) a conclusive determination has been made that
the discovery does not involve a Tribal Cultural
Resource; or
(B) final treatment and disposition of the Tribal
Cultural Resource in compliance with this subsection.
(3) Discovery of cultural resources.--
(A) Notice.--If CVWD or its representatives
discover potential Tribal Cultural Resources, excluding
human remains, at the Facility or Adjacent Lands, CVWD
shall promptly notify the Agua Caliente Director of
Historic Preservation and General Counsel.
(B) Human remains.--If CVWD or its representatives
discover human remains, CVWD shall--
(i) promptly notify--
(I) the Agua Caliente Director of
Historic Preservation;
(II) General Counsel; and
(III) the County Coroner,
requesting a determination as to
whether the remains are Native American
human remains; and
(ii) cover reasonable fees and costs
charged by the County Coroner, if applicable.
(C) Tribal involvement.--If the Tribe is identified
as the Most Likely Descendant with respect to a Tribal
Cultural Resource, in addition to requirements of
applicable State law, CVWD shall--
(i) give access to the Tribe to inspect the
discovery site and to decide, at the sole
discretion of the Tribe, on the treatment and
disposition of the Tribal Cultural Resource;
and
(ii) if the Tribe chooses reburial for the
Tribal Cultural Resource, facilitate or secure
authorization for on-site reburial at a
location--
(I) mutually agreed upon; and
(II) not subject to future
disturbance.
SEC. 14. MISCELLANEOUS PROVISIONS.
(a) Limited Waiver of Sovereign Immunity by the United States.--For
purposes of compelling compliance with the terms of this Act and the
Agreement, the United States waives its sovereign immunity to the
extent provided by Federal law.
(b) 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 proceeding.
(c) Other Indian Tribes Not Adversely Affected.--Nothing in this
Act quantifies or diminishes the water rights, claims, or entitlements
to water of any other Indian Tribe, band, or community other than Agua
Caliente.
(d) Disclaimer.--This Act shall not be construed as establishing
the taxing authority of any other Indian Tribe, other than Agua
Caliente, or preempting the taxing authority of any other water
district, agency, State, or local government.
(e) Conflict.--In the event of a conflict between the Agreement and
this Act, this Act shall control.
(f) Effect on Current Law.--Nothing in this Act affects any
provision of law (including regulations) in effect on the day before
the date of enactment of this Act with respect to pre-enforcement
review of any Federal environmental enforcement action.
SEC. 15. ANTIDEFICIENCY.
The United States shall not be liable for any failure to carry out
any obligation or activity authorized by this Act, including any
obligation or activity under the Agreement, if adequate appropriations
are not provided expressly by Congress to carry out the purposes of
this Act.
<all>Official legislative text sourced from the public record (cached on CivicsHQ).
Official source
View the original bill, actions, and full legislative record on Congress.gov.
Status
In Committee
- 1Introduced
- 2Committee
- 3Floor
- 4Passed
- 5Signed
Timeline reflects current normalized status only. Full action history is not yet stored in the API.
Sponsors
- Sen. Padilla, Alex [D-CA]DSenateCA
Cosponsors
Votes
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