H.R. 8920

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8920 Introduced in House (IH)]

<DOC>

118th CONGRESS
2d Session
H. R. 8920

To approve the settlement of the water right claims of the Tule River 
Tribe, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

July 2, 2024

Mr. Fong introduced the following bill; which was referred to the 
Committee on Natural Resources

_______________________________________________________________________

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 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 ``Tule River Tribe 
Reserved Water Rights Settlement Act of 2024''.
(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 2007 Agreement.
Sec. 5. Tribal Water Right.
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.

The purposes of this Act are--
(1) to achieve a fair, equitable, and final settlement of 
claims to water rights in the State of California for--
(A) the Tule River Tribe; and
(B) the United States, acting as trustee for the 
Tribe;
(2) to authorize, ratify, and confirm the 2007 Agreement 
entered by the Tribe, the South Tule Independent Ditch Company, 
and the Tule River Association, to the extent that the 2007 
Agreement is consistent with this Act;
(3) to authorize and direct the Secretary--
(A) to execute the 2007 Agreement, with amendments 
to facilitate implementation and approval of the 2007 
Agreement; and
(B) to take any other actions necessary to carry 
out the 2007 Agreement in accordance with this Act;
(4) to authorize funds necessary for the implementation of 
the 2007 Agreement and this Act; and
(5) to authorize the transfer of certain lands to the 
Tribe, to be held in trust.

SEC. 3. DEFINITIONS.

(a) In General.--In this Act:
(1) 2007 agreement.--The term ``2007 Agreement'' means--
(A) the agreement dated November 21, 2007, as 
amended on April 22, 2009, between the Tribe, the South 
Tule Independent Ditch Company, and the Tule River 
Association, and exhibits attached thereto; and
(B) any amendment to the Agreement referred to in 
subparagraph (A) (including an amendment to any 
exhibit) that is executed in accordance with section 
4(a)(2).
(2) Court.--The term ``Court'' means the United States 
District Court for the Eastern District of California, unless 
otherwise specified herein.
(3) Divert; diversion.--The terms ``divert'' and 
``diversion'' mean to remove water from its natural course or 
location by means of a ditch, canal, flume, bypass, pipeline, 
conduit, well, pump, or other structure or device, or act of a 
person.
(4) Downstream water users.--The term ``Downstream Water 
Users'' means--
(A) the Tule River Association and its successors 
and assigns;
(B) the South Tule Independent Ditch Company and 
its successors and assigns; and
(C) any and all other holders of water rights in 
the South Fork Tule River Basin.
(5) Enforceability date.--The term ``Enforceability Date'' 
means the date described in section 11.
(6) OM&R.--
(A) In general.--The term ``OM&R'' means operation, 
maintenance, and replacement.
(B) Inclusions.--The term ``OM&R'' includes--
(i) any recurring or ongoing activity 
relating to the day-to-day operation of a 
project;
(ii) any activity relating to scheduled or 
unscheduled maintenance of a project; and
(iii) any activity relating to repairing or 
replacing a feature of a project.
(7) Operation rules.--The term ``Operation Rules'' means 
the rules of operation for the Phase I Reservoir, as 
established in accordance with the 2007 Agreement and this Act.
(8) Parties.--The term ``Parties'' means the signatories to 
the 2007 Agreement, including the Secretary.
(9) Phase i reservoir.--The term ``Phase I Reservoir'' 
means the reservoir described in either section 3.4.B.(1) or 
section 3.4.B.(2) of the 2007 Agreement.
(10) Reservation; tule river reservation.--The terms 
``Reservation'' and ``Tule River Reservation'' mean the 
reservation of lands set aside for the Tribe by the Executive 
Orders of January 9, 1873, October 3, 1873, and August 3, 1878, 
including lands added to the Reservation pursuant to section 8.
(11) Secretary.--The term ``Secretary'' means the Secretary 
of the Interior.
(12) South tule independent ditch company.--The term 
``South Tule Independent Ditch Company'' means the nonprofit 
mutual water company incorporated in 1895 that has claims to 
ownership of water rights dating back to 1854, which provides 
water diverted from the South Fork of the Tule River to its 
shareholders on lands downstream from the Tule River 
Reservation.
(13) Tribal water right.--The term ``Tribal Water Right'' 
means the water rights ratified, confirmed, and declared to be 
valid for the benefit of the Tribe as set forth and described 
in the 2007 Agreement and this Act.
(14) Tribe.--The term ``Tribe'' means the Tule River Indian 
Tribe of the Tule River Reservation, California, a federally 
recognized Indian Tribe.
(15) Trust fund.--The term ``Trust Fund'' means the Tule 
River Indian Tribe Settlement Trust Fund established under 
section 6(a).
(16) Tule river association.--
(A) In general.--The term ``Tule River 
Association'' means the association formed by agreement 
in 1965, the members of which are representatives of 
all pre-1914 appropriative and certain riparian water 
right holders of the Tule River at and below the 
Richard L. Schafer Dam and Reservoir.
(B) Inclusions.--The term ``Tule River 
Association'' includes the Pioneer Water Company, the 
Vandalia Irrigation District, the Porterville 
Irrigation District, and the Lower Tule River 
Irrigation District.
(17) Water development project.--The term ``Water 
Development Project'' means a project for domestic, commercial, 
municipal, and industrial water supply, including but not 
limited to water treatment, storage, and distribution 
infrastructure, to be constructed, in whole or in part, using 
monies from the Trust Fund.
(b) Definitions of Other Terms.--Any other term used in this Act 
but not defined in subsection (a)--
(1) has the meaning given the term in the 2007 Agreement; 
or
(2) if no definition for the term is provided in the 2007 
Agreement, shall be used in a manner consistent with its use in 
the 2007 Agreement.

SEC. 4. RATIFICATION OF 2007 AGREEMENT.

(a) Ratification.--
(1) In general.--Except as modified by this Act and to the 
extent that the 2007 Agreement does not conflict with this Act, 
the 2007 Agreement is authorized, ratified, and confirmed.
(2) Amendments.--
(A) General amendments.--If an amendment to the 
2007 Agreement, or to any exhibit attached to the 2007 
Agreement requiring the signature of the Secretary, is 
executed in accordance with this Act to make the 2007 
Agreement consistent with this Act, the amendment is 
authorized, ratified, and confirmed.
(B) Specific amendments.--
(i) Substitute sites.--If a substitute site 
for the Phase I Reservoir is identified by the 
Tribe pursuant to section 3.4.B.(2)(a) of the 
2007 Agreement, then amendments related to the 
Operation Rules are authorized, ratified, and 
confirmed, to the extent that such Amendments 
are consistent with the 2007 Agreement and this 
Act.
(ii) Priority date.--Amendments agreed to 
by the Parties to establish that the priority 
date for the Tribal Water Right is no later 
than January 9, 1873, is authorized, ratified, 
and confirmed.
(iii) Senior water rights.--Amendments 
agreed to by the Parties to accommodate senior 
water rights of those Downstream Water Users 
described in section 3(a)(4)(C) are authorized, 
ratified, and confirmed, to the extent that the 
Court finds any such Downstream Water Users 
possess senior water rights that can be 
accommodated only by amendment of the 2007 
Agreement.
(iv) Other amendments.--Other amendments 
agreed to by the Parties to facilitate 
implementation and approval of the 2007 
Agreement are authorized, ratified, and 
confirmed, to the extent that such amendments 
are otherwise consistent with this Act and with 
other applicable law.
(b) Execution.--
(1) In general.--To the extent the 2007 Agreement does not 
conflict with this Act, the Secretary shall execute the 2007 
Agreement, in accordance with paragraph (2), including all 
exhibits to, or parts of, the 2007 Agreement requiring the 
signature of the Secretary.
(2) Timing.--The Secretary shall not execute the 2007 
Agreement until--
(A) the Parties agree on amendments related to the 
priority date for the Tribal Water Right; and
(B) either--
(i) the Tribe moves forward with the Phase 
I Reservoir described in section 3.4.B.(1) of 
the 2007 Agreement; or
(ii) if the Tribe selects a substitute site 
pursuant to section 3.4.B.(2) of the 2007 
Agreement, either--
(I) the Parties agree on Operation 
Rules; or
(II) the Secretary determines, in 
the discretion of the Secretary, that 
the Parties have reached an impasse in 
attempting to negotiate the Operation 
Rules.
(3) Modifications.--Nothing in this Act prohibits the 
Secretary, after execution of the 2007 Agreement, from 
approving any modification to the 2007 Agreement, including any 
exhibit to the 2007 Agreement, that is consistent with this 
Act, to the extent that the modification does not otherwise 
require congressional approval under section 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 2007 Agreement and 
this Act, the Secretary shall comply with all applicable 
provisions of--
(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 implementing 
regulations of that Act; and
(C) other applicable Federal environmental laws and 
regulations.
(2) Compliance.--
(A) In general.--In implementing the 2007 Agreement 
and this Act, the Tribe shall prepare any necessary 
environmental documents, consistent with all applicable 
provisions of--
(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. 4231 et seq.), including the 
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 submitted under subparagraph (A); 
and
(ii) be responsible for the accuracy, 
scope, and contents of that documentation.
(3) Effect of execution.--The execution of the 2007 
Agreement by the Secretary under this section shall not 
constitute a major Federal action for purposes of 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 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 valid.
(2) Quantification.--The Tribal Water Right includes the 
right to divert and use or permit the diversion and use of up 
to 5,828 acre-feet per year of surface water from the South 
Fork Tule River, as described in the 2007 Agreement and as 
confirmed in the decree entered by the Court pursuant to 
subsections (b) and (c) of section 12.
(3) Use.--Any diversion, use, and place of use of the 
Tribal Water Right shall be subject to the terms and conditions 
of the 2007 Agreement and this Act.
(b) Trust Status of Tribal Water Right.--The Tribal Water Right--
(1) shall be held in trust by the United States for the use 
and benefit of the Tribe in accordance with this Act; and
(2) shall not be subject to loss through non-use, 
forfeiture, abandonment, or other operation of law.
(c) Authority of the Tule River Tribe.--
(1) In general.--The Tule River Tribe shall have the 
authority to allocate and distribute the Tribal Water Right for 
use on the Reservation in accordance with the 2007 Agreement, 
this Act, and applicable Federal law.
(d) 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 other arrangement entered into 
pursuant to this Act shall be considered to satisfy any 
requirement for authorization of the action by treaty or 
convention imposed by section 2116 of the Revised Statutes (25 
U.S.C. 177).
(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.

SEC. 6. TULE RIVER TRIBE TRUST ACCOUNTS.

(a) Establishment.--The Secretary shall establish a trust fund, to 
be known as the ``Tule River Indian Tribe 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 the amounts deposited in the Trust Fund 
under subsection (c), together with any interest earned on those 
amounts, for the purpose of carrying out this Act.
(b) Accounts.--The Secretary shall establish in the Trust Fund the 
following Accounts:
(1) The Tule River Tribe Water Development Projects 
Account.
(2) The Tule River Tribe OM&R Account.
(c) Deposits.--The Secretary shall deposit--
(1) in the Tule River Tribe Water Development Projects 
Account established under subsection (b)(1), the amounts made 
available pursuant to section 7(a)(1); and
(2) in the Tule River Tribe OM&R Account established under 
subsection (b)(2), the amounts made available pursuant to 
section 7(a)(2).
(d) Management and Interest.--
(1) Management.--On receipt and deposit of funds into the 
accounts in the Trust Fund pursuant to subsection (c), the 
Secretary shall manage, invest, and distribute all amounts in 
the Trust Fund in accordance with the investment authority of 
the Secretary under--
(A) the first section of the Act of June 24, 1938 
(52 Stat. 1037, chapter 648; 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 section.
(2) Investment earnings.--In addition to the deposits under 
subsection (c), any investment earnings, including interest, 
credited to amounts held in the 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 Trust Fund, including any investment earnings, including 
interest, shall be made available to the Tribe by the Secretary 
beginning on the Enforceability Date and subject to the 
requirements set forth in this section, except for funds to be 
made available to the Tribe pursuant to paragraph (2).
(2) Use of certain funds.--Notwithstanding paragraph (1), 
$20,000,000 of the amounts deposited in the Tule River Tribe 
Water Development Projects Account shall be made available to 
conduct technical studies and related investigations regarding 
the Phase I Reservoir and to establish appropriate Operation 
Rules.
(f) Withdrawals.--
(1) Withdrawals 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 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 
Trust Fund, and any investment earnings accrued through 
the investments under the Tribal management plan, in 
accordance with this Act.
(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 Trust Fund 
under this paragraph are used in accordance with this 
Act.
(2) Withdrawals under expenditure plan.--
(A) In general.--The Tribe may submit to the 
Secretary a request to withdraw amounts from the Trust 
Fund pursuant to an approved expenditure plan.
(B) Requirements.--To be eligible to withdraw 
amounts under an expenditure plan under this paragraph, 
the Tribe shall submit to the Secretary an expenditure 
plan for any portion of the Trust Fund that the Tribe 
elects to withdraw pursuant to this subparagraph, 
subject to the condition that the amounts shall be used 
for the purposes described in this Act.
(C) Inclusions.--An expenditure plan under this 
paragraph shall include a description of the manner and 
purpose for which the amounts proposed to be withdrawn 
from the Trust Fund will be used by the Tribe in 
accordance with subsections (e) and (h).
(D) Approval.--The Secretary shall approve an 
expenditure plan submitted under this paragraph if the 
Secretary determines that the 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 disbursed 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 of the Secretary relating 
to whether to approve a Tribal management plan under subsection (f)(1) 
or an expenditure plan under subsection (f)(2) 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.--Amounts from the Trust Fund may only be used by the 
Tribe for the following purposes:
(1) The Tule River Tribe Water Development Projects Account 
may only be used to plan, design, and construct Water 
Development Projects on the Tule River Reservation, and for the 
conduct of related activities, including for environmental 
compliance in the development and construction of projects 
under this Act.
(2) The Tule River Tribe OM&R Account may only be used for 
the OM&R of Water Development 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 Trust Fund by the Tribe under paragraphs (1) and (2) 
of subsection (f).
(j) Title to Infrastructure.--Title to, control over, and operation 
of any project constructed using funds from the Trust Fund shall remain 
in the Tribe.
(k) Operation, Maintenance, and Replacement.--All OM&R costs of any 
project constructed using funds from the Trust Fund shall be the 
responsibility of the Tribe.
(l) No Per Capita Distributions.--No portion of the Trust Fund 
shall be distributed on a per capita basis to any member of the Tribe.
(m) Expenditure Report.--The Tule River Tribe shall annually submit 
to the Secretary an expenditure report describing accomplishments and 
amounts spent from use of withdrawals under a Tribal management plan or 
an expenditure plan under this Act.

SEC. 7. FUNDING.

(a) Funding.--Out of any funds in the Treasury not otherwise 
appropriated, the Secretary of the Treasury shall transfer to the 
Secretary--
(1) for deposit in the Tule River Tribe Water Development 
Projects Account $518,000,000, to be available until expended, 
withdrawn, or reverted to the general fund of the Treasury; and
(2) for deposit in the Tule River Tribe OM&R Account 
$50,000,000, to be available until expended, withdrawn, or 
reverted to the general fund of the Treasury.
(b) Fluctuation in Costs.--
(1) In general.--The amounts authorized to be 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 occurring after November 1, 
2020, as indicated by the Bureau of Reclamation Construction 
Cost Index--Composite Trend.
(2) Construction costs adjustment.--The amounts authorized 
to be 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 cost 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 amount authorized, as adjusted, has been 
appropriated.
(4) Period of indexing.--The period of indexing adjustment 
under this subsection for any increment of funding shall end on 
the date on which the funds are deposited into the Trust Fund.

SEC. 8. TRANSFER OF LAND INTO TRUST.

(a) Transfer of Land to Trust.--
(1) In general.--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 Reservation upon the Enforceability 
Date, provided that the Tribal fee land described in paragraph 
(2)(C)--
(A) is free from any liens, encumbrances, or other 
infirmities; and
(B) has no existing evidence of any hazardous 
substances or other environmental liability.
(2) Lands to be held in trust.--The land referred to in 
paragraph (1) is the following:
(A) Bureau of land management lands.--
(i) Approximately 26.15 acres of land 
located in T. 22 S., R. 29 E., sec. 35, Lot 9.
(ii) Approximately 85.50 acres of land 
located in T. 22 S., R. 29 E., sec. 35, Lots 6 
and 7.
(iii) Approximately 38.77 acres of land 
located in--
(I) T. 22 S., R. 30 E., sec. 30, 
Lot 1; and
(II) T. 22 S., R. 30 E., sec. 31, 
Lots 6 and 7.
(iv) Approximately 154.9 acres of land 
located in T. 22 S., R. 30 E., sec. 34, N\1/
4\SW\1/4\ and SW\1/4\SW\1/4\, Lots 2 and 3.
(v) Approximately 40.00 acres of land 
located in T. 22 S., R. 30 E., sec. 34, NE\1/
4\SE\1/4\.
(vi) Approximately 375.17 acres of land 
located in--
(I) T. 22 S., R. 30 E., sec. 35, 
S\1/2\NE\1/4\, N\1/2\SE\1/4\, and SE\1/
4\SE\1/4\, Lots 3, 4, and 6; and
(II) T. 23 S., R. 30 E., sec. 2, 
S\1/2\NE\1/4\, Lots 6 and 7.
(vii) Approximately 60.43 acres of land 
located in--
(I) T. 22 S., R. 30 E., sec. 35, 
SW\1/4\SW\1/4\; and
(II) T. 23 S., R. 30 E., sec. 2, 
Lot 9.
(viii) Approximately 15.48 acres of land 
located in T. 21 S., R. 30 E., sec. 31 in that 
portion of the NW\1/4\ lying between Lots 8 and 
9.
(ix) Approximately 29.26 acres of land 
located in T. 21 S., R. 30 E., sec. 31, Lot 7.
(B) Forest service lands.--Approximately 9,037 
acres of land comprising the headwaters area of the 
South Fork Tule River watershed located east of and 
adjacent to the Tule River Indian Reservation, and more 
particularly described as follows:
(i) Commencing at the northeast corner of 
the Tule River Indian Reservation in T. 21 S., 
R. 31 E., sec. 16, Mount Diablo Base and 
Meridian, running thence east and then 
southeast along the ridge of mountains dividing 
the waters of the South Fork of the Tule River 
and Middle Fork of the Tule River, continuing 
south and then southwest along the ridge of 
mountains dividing the waters of the South Fork 
of the Tule River and the Upper Kern River 
until intersecting with the southeast corner of 
the Tule River Indian Reservation in T. 22 S., 
R. 31 E., sec. 28, thence from such point north 
along the eastern boundary of the Tule River 
Indian Reservation to the place of beginning.
(ii) The area encompasses--
(I) all of secs. 22, 23, 26, 27, 
34, 35, and portions of secs. 13, 14, 
15, 16, 21, 24, 25, 28, 33, and 36, in 
T. 21 S., R. 31 E.; and
(II) all of secs. 3 and 10, and 
portions of secs. 1, 2, 4, 9, 11, 14, 
15, 16, 21, 22, 27, and 28, in T. 22 
S., R. 31 E.
(C) Tribally owned fee lands.--
(i) Approximately 300 acres of land known 
as the McCarthy Ranch and more particularly 
described as follows:
(I) The SW\1/4\ and that portion of 
the SE\1/4\ of sec. 9 in T. 22 S., R. 
29 E., Mount Diablo Base and Meridian, 
in the County of Tulare, State of 
California, according to the official 
plat thereof, lying south and west of 
the center line of the South Fork of 
the Tule River, as such river existed 
on June 9, 1886, in the County of 
Tulare, State of California; excepting 
therefrom an undivided one-half 
interest in and to the oil, gas, 
minerals, and other hydrocarbon 
substances in, on, or under such land, 
as reserved by Alice King Henderson, a 
single woman, by Deed dated January 22, 
1959, and Recorded February 18, 1959, 
in Book 2106, page 241, Tulare County 
Official Records.
(II) An easement over and across 
that portion of the SW\1/4\ of sec. 10 
in T. 22 S., R. 29 E., Mount Diablo 
Base and Meridian, County of Tulare, 
State of California, more particularly 
described as follows:
(aa) Beginning at the 
intersection of the west line 
of the SW\1/4\ of sec. 10, and 
the south bank of the South 
Tule Independent Ditch; thence 
south 20 rods; thence in an 
easterly direction, parallel 
with such ditch, 80 rods; 
thence north 20 rods, thence 
westerly along the south bank 
of such ditch 80 rods to the 
point of beginning; for the 
purpose of--

(AA) maintaining 
thereon an irrigation 
ditch between the 
headgate of the King 
Ditch situated on such 
land and the SW\1/4\ 
and that portion of the 
SE\1/4\ of sec. 9 in T. 
22 S., R. 29 E., lying 
south and west of the 
centerline of the South 
Fork of the Tule River, 
as such river existed 
on June 9, 1886, in the 
County of Tulare, State 
of California; and

(BB) conveying 
therethrough water from 
the South Fork of the 
Tule River to the SW\1/
4\ and that portion of 
the SE\1/4\ of sec. 9 
in T. 22 S., R. 29 E., 
lying south and west of 
the centerline of the 
South Fork of the Tule 
River, as such river 
existed on June 9, 
1886.

(bb) The easement described 
in item (aa) shall follow the 
existing route of the King 
Ditch.
(ii) Approximately 640 acres of land known 
as the Pierson/Diaz property in T. 22 S., R. 29 
E., sec. 16, Mount Diablo Base and Meridian, in 
the County of Tulare, State of California, 
according to the official plat thereof.
(iii) Approximately 375.44 acres of land 
known as the Hyder property and more 
particularly described as follows:
(I) That portion of the S\1/2\ of 
sec. 12 in T. 22 S., R. 28 E., Mount 
Diablo Base and Meridian, in the County 
of Tulare, State of California, 
according to the official plat thereof, 
lying south of the County Road known as 
Reservation Road, excepting therefrom 
an undivided one-half interest in all 
oil, gas, minerals, and other 
hydrocarbon substances as reserved in 
the deed from California Lands, Inc., 
to Lovell J. Wilson and Genevieve P. 
Wilson, recorded February 17, 1940, in 
book 888, page 116, Tulare County 
Official Records.
(II) The NW\1/4\ of sec. 13 in T. 
22 S., R. 28 E., Mount Diablo Base and 
Meridian, in the County of Tulare, 
State of California, according to the 
official plat thereof, excepting 
therefrom the south 1200 feet thereof.
(III) The south 1200 feet of the 
NW\1/4\ of sec. 13 in T. 22 S., R. 28 
E., Mount Diablo Base and Meridian, in 
the County of Tulare, State of 
California, according to the official 
plat thereof.
(iv) Approximately 157.22 acres of land 
situated in the unincorporated area of the 
County of Tulare, State of California, known as 
the Trailor property, and more particularly 
described as follows: The SW\1/4\ of sec. 11 in 
T. 22 S., R. 28 E., Mount Diablo Base and 
Meridian, in the unincorporated area of the 
County of Tulare, State of California, 
according to the official plat thereof.
(v) Approximately 89.45 acres of land known 
as the Tomato Patch in that portion of the 
SE\1/4\ of sec. 11 in T. 22 S., R. 28 E., Mount 
Diablo Base and Meridian, in the County of 
Tulare, State of California, according to the 
Official Plat of the survey of such land on 
file in the Bureau of Land Management at the 
date of the issuance of the patent thereof, and 
more particularly described as follows: 
Beginning at the southeast corner of T. 22 S., 
R. 28 E., sec. 11, thence north and along the 
east line of such sec. 11, 1342 feet, thence 
south 83 44' west 258 feet, thence north 84 
30' west 456 feet, thence north 65 28' west 
800 feet, thence north 68 44' west 295 feet, 
thence south 71 40' west 700 feet, thence 
south 56 41' west 240 feet to the west line of 
the SE\1/4\ of such sec. 11, thence south 0 
21' west along such west line of the SE\1/4\ of 
sec. 11, thence west 1427 feet to the southwest 
corner of such SE\1/4\ of sec. 11, thence south 
89 34' east 2657.0 feet to the point of 
beginning, excepting therefrom--
(I) a strip of land 25 feet in 
width along the northerly and east 
sides and used as a County Road; and
(II) an undivided one-half interest 
in all oil, gas, and minerals in and 
under such lands, as reserved in the 
Deed from Bank of America, a 
corporation, dated August 14, 1935, 
filed for record August 28, 1935, Fee 
Book 11904.
(vi) Approximately 160 acres of land known 
as the Smith Mill in the NW\1/4\ of the NE\1/
4\, the N\1/2\ of the NW\1/4\, and the SE\1/4\ 
of the NW\1/4\ of sec. 20 in T. 21 S., R. 31 
E., Mount Diablo Base and Meridian, in the 
County of Tulare, State of California, 
according to the official plat thereof.
(vii) Approximately 35 acres of land 
located within the exterior boundaries of the 
Tule River Reservation known as the Highway 190 
parcel, with the legal description as follows: 
That portion of T. 21 S., R. 29 E., sec. 19, 
Mount Diablo Base and Meridian, in the County 
of Tulare, Sate of California, according to the 
official plat thereof, and more particularly 
described as follows: Commencing at a point in 
the south line of the N\1/2\ of the S\1/2\ of 
such sec. 19, such point being south 89 54' 
47'' east, 1500.00 feet of the southwest corner 
of such N\1/2\, thence north 52 41' 17'' east, 
1602.80 feet to the true point of beginning of 
the parcel to be described, thence north 32 
02' 00'' west, 1619.53 feet to a point in the 
southeasterly line of State Highway 190 per 
deeds recorded May 5, 1958, in Book 2053, pages 
608 and 613, Tulare County Official Records, 
thence north 57 58' 00'' east, 232.29 feet, 
thence north 66 33' 24'' east, 667.51 fee, 
thence departing the southeasterly line of such 
Highway 190, south 44 53' 27'' east, 913.62 
feet, thence south 85 53' 27'' east, 794.53 
feet, thence south 52 41' 17'' west, 1744.64 
feet to the true point of beginning.
(viii) Approximately 61.91 acres of land 
located within the exterior boundaries of the 
Tule River Reservation known as the Shan King 
property, with the legal description as 
follows:
(I) Parcel 1: Parcel No. 1 of 
parcel map no. 4028 in the County of 
Tulare, State of California, as per the 
map recorded in Book 41, page 32 of 
Tulare County Records.
(II)(aa) Parcel 2: That portion of 
T. 21 S., R. 29 E., sec. 19, Mount 
Diablo Base and Meridian, in the County 
of Tulare, State of California, 
described as follows: Commencing at a 
point in the south line of the N\1/2\ 
of the S\1/2\ of such sec. 19, such 
point being south 89 54' 58'' east, 
1500.00 feet of the southwest corner of 
such N\1/2\, thence north 52 41' 06'' 
east, 1602.80 feet to the southwesterly 
corner of the 40.00 acre parcel shown 
on the Record of Survey recorded in 
Book 18, page 17, of Licensed Surveys, 
Tulare County Records, thence, north 
32 01' 28'' west, 542.04 feet along 
the southwesterly line of such 40.00 
acre parcel to the true point of 
beginning of the parcel to be 
described, thence, continuing north 32 
01' 28'' west, 1075.50 feet to the 
northwesterly corner of such 40.00 acre 
parcel, thence north 57 58' 50'' east, 
232.31 feet along the southeasterly 
line of State Highway 190, thence north 
66 34' 12'' east, 6.85 feet, thence, 
departing the southeasterly line of 
State Highway 190 south 29 27' 29'' 
east, 884.73 feet, thence south 02 59' 
33'' east, 218.00 feet, thence south 
57 58' 31'' west, 93.67 feet to the 
true point of beginning.
(bb) The property described in item 
(aa) is subject to a 100 foot minimum 
building setback from the right-of-way 
of Highway 190.
(III) Parcel 3: That portion of T. 
21 S., R. 29 E., sec. 19, Mount Diablo 
Base and Meridian, County of Tulare, 
State of California, described as 
follows: Beginning at a point in the 
south line of the N\1/2\ of the S\1/2\ 
of such sec. 19, such point being south 
89 54' 47'' east, 1500.00 feet of the 
southwest corner of such N\1/2\, thence 
north 7 49' 19'' east, 1205.00 feet, 
thence north 40 00' 00'' west, 850.00 
feet to a point in the southeasterly 
line of State Highway 190, per deeds 
recorded May 5, 1958, in Book 2053, 
pages 608 and 613, Tulare County 
Official Records, thence, north 57 58' 
00'' east, 941.46 feet, along the 
southeasterly line of such Highway 190, 
thence departing the southeasterly line 
of such Highway 190, south 32 02' 00'' 
east, 1619.53 feet, thence south 52 
41' 17'' west, 1602.80 feet to the 
point of beginning, together with a 
three-quarters (\3/4\) interest in a 
water system, as set forth in that 
certain water system and maintenance 
agreement recorded April 15, 2005, as 
document no. 2005-0039177.
(ix) Approximately 18.44 acres of land 
located within the exterior boundaries of the 
Tule River Reservation known as the Parking Lot 
4 parcel with the legal description as follows: 
That portion of the land described in that 
Grant Deed to Tule River Indian Tribe, recorded 
June 1, 2010, as document number 2010-0032879, 
Tulare County Official Records, lying within 
the following described parcel: beginning at a 
point on the east line of the NW\1/4\ of sec. 3 
in T. 22 S., R. 28 E., Mount Diablo Meridian, 
lying south 0 49' 43'' west, 1670.53 feet from 
the N\1/4\ corner of such sec. 3, thence (1) 
south 89 10' 17'' east, 46.50 feet; thence (2) 
north 0 49' 43'' east, 84.08 feet; thence (3) 
north 33 00' 00'' west, 76.67 feet to the 
south line of State Route 190 as described in 
that Grant Deed to the State of California, 
recorded February 14, 1958, in Volume 2038, 
page 562, Tulare County Official Records; 
thence (4) north 0 22' 28'' east, 73.59 feet 
to the north line of the SE\1/4\ of the NW\1/4\ 
of such sec. 3; thence (5) south 89 37' 32'' 
east, along such north line, 89.77 feet to the 
center-north sixteenth corner of such sec. 3; 
thence (6) south 0 49' 43'' west, along such 
east line of the NW\1/4\ of such sec. 3, a 
distance of 222.06 feet to the point of 
beginning. Containing 0.08 acres, more or less, 
in addition to that portion lying within Road 
284. Together with the underlying fee interest, 
if any, contiguous to the above-described 
property in and to Road 284. This conveyance is 
made for the purpose of a freeway and the 
grantor hereby releases and relinquishes to the 
grantee any and all abutter's rights including 
access rights, appurtenant to grantor's 
remaining property, in and to such freeway. 
Reserving however, unto grantor, grantor's 
successors or assigns, the right of access to 
the freeway over and across Courses (1) and (2) 
herein above described. The bearings and 
distances used in this description are on the 
California Coordinate System of 1983, Zone 4. 
Divide distances by 0.999971 to convert to 
ground distances.
(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 an 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 not 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 the 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.
(2) Expiration.--The withdrawals pursuant to paragraph (1) 
shall terminate on the date that the Secretary takes the lands 
into trust for the benefit of the Tribe pursuant to subsection 
(a)(1).
(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 exchanged.
(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 or the 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 lands transferred pursuant to subparagraphs (A) through 
(C) of subsection (a)(2) shall be held in trust for the Tribe but shall 
not be included in the Tribal Water Right.

SEC. 9. SATISFACTION OF CLAIMS.

The benefits provided under this Act shall be in complete 
replacement of, complete substitution for, and full satisfaction of any 
claim of the Tribe against the United States that is waived and 
released by the Tribe under section 10(a).

SEC. 10. WAIVERS AND RELEASES OF CLAIMS.

(a) In General.--
(1) 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 (c), as consideration for recognition of the Tribe's 
Tribal Water Right and other benefits described in the 2007 
Agreement and this Act, the Tribe and the United States, acting 
as trustee for the Tribe, shall execute a waiver and release of 
all claims for the following:
(A) All claims for water rights within the State of 
California based on any and all legal theories that the 
Tribe or the United States acting as trustee for the 
Tribe, asserted or could have asserted in any 
proceeding, including a general stream adjudication, on 
or before the Enforceability Date, except to the extent 
that such rights are recognized in the 2007 Agreement 
and this Act.
(B) All claims for damages, losses, or injuries to 
water rights or claims of interference with, diversion, 
or taking of water rights (including claims for injury 
to lands resulting from such damages, losses, injuries, 
interference with, diversion, or taking of water 
rights) within California against the State, or any 
person, entity, corporation, or municipality, that 
accrued at any time up to and including the 
Enforceability Date.
(2) Waiver and release of claims by the tribe against the 
united states.--Subject to the reservation of rights and 
retention of claims under subsection (c), 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 water rights within the State of California first arising 
before the Enforceability Date relating to--
(A) water rights within the State of California 
that the United States, acting as trustee for the 
Tribe, asserted or could have asserted in any 
proceeding, including a general stream adjudication, 
except to the extent that such rights are recognized as 
part of the Tribal Water Right under this Act;
(B) foregone benefits from nontribal use of water, 
on and off the Reservation (including water from all 
sources and for all uses);
(C) damage, loss, or injury 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, or taking of water, or 
claims relating to a failure to protect, acquire, 
replace, or develop water, water rights, or water 
infrastructure) within the State of California;
(D) a failure to establish or provide a municipal 
rural or industrial water delivery system on the 
Reservation;
(E) damage, loss, or injury to water, water rights, 
land, or natural resources due to construction, 
operation, and management of irrigation projects on the 
Reservation and other Federal land and facilities 
(including damages, losses, or injuries to fish 
habitat, wildlife, and wildlife habitat);
(F) failure to provide for operation, maintenance, 
or deferred maintenance for any irrigation system or 
irrigation project;
(G) failure to provide a dam safety improvement to 
a dam on the Reservation;
(H) the litigation of claims relating to any water 
rights of the Tribe within the State of California;
(I) the negotiation, execution, or adoption of the 
2007 Agreement (including exhibits A-F) and this Act;
(J) the negotiation, execution, or adoption of 
operational rules referred to in article 3.4 of the 
2007 Agreement in connection with any reservoir 
locations, including any claims related to the 
resolution of operational rules pursuant to the dispute 
resolution processes set forth in the article 8 of the 
2007 Agreement, including claims arising after the 
Enforceability Date; and
(K) claims related to the creation or reduction of 
the Reservation, including any claims relating to the 
failure to ratify any treaties and any claims that any 
particular lands were intended to be set aside as a 
permanent homeland for the Tribe but were not included 
as part of the present Reservation.
(b) Effectiveness.--The waivers and releases under subsection (a) 
shall take effect on the Enforceability Date.
(c) Reservation of Rights and Retention of Claims.--Notwithstanding 
the waivers and releases under subsection (a), the Tribe and the United 
States, acting as trustee for the Tribe, shall retain--
(1) all claims relating to the enforcement of, or claims 
accruing after the Enforceability Date relating to water rights 
recognized under the 2007 Agreement, any final court decree 
entered in the Federal District Court for the Eastern District 
of California, or this Act;
(2) all claims relating to the right to use and protect 
water rights acquired after the date of enactment of this Act;
(3) claims regarding the quality of water under--
(A) the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
et seq.), including claims 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
(D) any regulations implementing the Acts described 
in subparagraphs (A) through (C);
(4) all claims for damage, loss, or injury to land or 
natural resources that are not due to loss of water or water 
rights, including hunting, fishing, gathering, or cultural 
rights; and
(5) all rights, remedies, privileges, immunities, and 
powers not specifically waived and released pursuant to this 
Act or the 2007 Agreement.
(d) Effect of 2007 Agreement and Act.--Nothing in the 2007 
Agreement or this Act--
(1) affects the authority of the Tribe to enforce the laws 
of the Tribe, including with respect to environmental 
protections or reduces or extends the sovereignty (including 
civil and criminal jurisdiction) of any government entity;
(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.);
(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.);
(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 allotee 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 any Federal 
agency action; or
(D) to interpret Tribal law; or
(5) waives any claim of a member of the Tribe in an 
individual capacity that does not derive from a right of the 
Tribe.
(e) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and 
time-based equitable defense relating to a claim described in 
this section shall be tolled for the period beginning on the 
date of enactment of this Act and ending on the Enforceability 
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 limitations or any time-based 
equitable defense under any other applicable law.
(f) Expiration.--
(1) In general.--This Act shall expire in any case in which 
the Secretary fails to publish a statement of findings under 
section 11 by not later than--
(A) 8 years from the date of enactment of this Act; 
or
(B) such alternative later date as is agreed to by 
the Tribe and the Secretary, after providing reasonable 
notice to the State of California.
(2) Consequences.--If this Act expires under paragraph 
(1)--
(A) the waivers and releases under subsection (a) 
shall--
(i) expire; and
(ii) have no further force or effect;
(B) the authorization, ratification, confirmation, 
and execution of the 2007 Agreement under section 4 
shall no longer be effective;
(C) any action carried out by the Secretary, and 
any 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 claims against the United States--
(i) relating to--
(I) water rights in the State of 
California asserted by--
(aa) the Tribe; or
(bb) any user of the Tribal 
Water Right; or
(II) any other matter covered by 
subsection (a)(2); or
(ii) in any future settlement of water 
rights of the Tribe.

SEC. 11. ENFORCEABILITY DATE.

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 2007 Agreement conflicts with 
the Act, the 2007 Agreement has been amended to conform with 
this Act;
(2) the 2007 Agreement, so revised, includes waivers and 
releases of claims set forth in section 10 and has been 
executed by the parties, including the United States;
(3) a final judgment and decree approving the 2007 
Agreement, including Operation Rules, and binding all parties 
to the action has been entered by the Court, and all appeals 
have been exhausted;
(4) all of the amounts authorized to be appropriated under 
section 7(a) have been appropriated and deposited in the 
designated accounts; and
(5) the waivers and releases under section 10(a) have been 
executed by the Tribe and the Secretary.

SEC. 12. BINDING EFFECT; JUDICIAL APPROVAL; ENFORCEABILITY.

(a) In General.--
(1) Lawsuit.--One or more Parties may file suit in the 
Court requesting the entry of a final judgement and decree 
approving the Tribal Water Right and the 2007 Agreement, 
provided that no such suit shall be filed until after--
(A) the Tribe has confirmed that the Phase I 
Reservoir will be sited at the location described in 
section 3.4.B.(1) of the 2007 Agreement and that 
Exhibit E governs operation of the Phase I Reservoir; 
or
(B) the Tribe has selected a substitute site for 
the Phase I Reservoir pursuant to section 3.4.B.(2)(a) 
of the 2007 Agreement and--
(i) the Parties have agreed on Operation 
Rules and the Secretary has executed the 2007 
Agreement; or
(ii) if the Parties have reached an impasse 
in attempting to negotiate Operation Rules, at 
least 1 Party has developed proposed Operation 
Rules to submit for judicial review and 
approval, and has shared the proposed Operation 
Rules with the other Parties at least 90 days 
in advance of filing the lawsuit.
(2) Joining united states as party.--Where suit is filed 
pursuant to this subsection, including the satisfaction of the 
requirements in subparagraph (A) or (B) of paragraph (1), the 
United States may be joined in litigation for the purposes set 
forth in this section.
(b) Judicial Approval.--The Court shall have exclusive jurisdiction 
to review and determine whether to approve the Tribal Water Right and 
the 2007 Agreement, and on doing so over any cause of action initiated 
by any Party arising from a dispute over the interpretation of the 2007 
Agreement or this Act, and any cause of action initiated by any Party 
for the enforcement of the 2007 Agreement.
(c) Failure To Agree on Operation Rules.--
(1) In general.--Subject to subsection (a)(1)(B)(ii), the 
Court shall have jurisdiction over a cause of action that a 
Party initiates to establish Operation Rules, where the Parties 
failed to reach agreement on such Operation Rules.
(2) Voluntary dispute resolution.--If a suit is filed under 
paragraph (1), the Court shall refer the Parties to the 
voluntary dispute resolution program of the Court.
(3) Court selection of operation rules.--
(A) In general.--If the voluntary dispute 
resolution program does not, after a reasonable amount 
of time as determined by the Court, result in agreed-on 
Operation Rules, the Court shall set a deadline by 
which any Party or Downstream Water User may submit 
proposed Operation Rules and, after briefing and 
hearing evidence, select among the proffered Operation 
Rule based on the criteria set forth in paragraph (4).
(B) Implementation of agreed-on operation rules.--
Once the Court selects Operation Rules pursuant to 
subparagraph (A), such Operation Rules shall thereafter 
control and shall be implemented by the Parties 
pursuant to the terms directed by the Court.
(4) Criteria for court selection of operation rules.--
(A) In general.--The Court shall select the 
proffered Operation Rules that, if implemented, would 
be the most effective in--
(i) regulating the flows in the South Tule 
River to comply with the terms contained in the 
2007 Agreement and the following diversion 
limits, where the South Tule Independent Ditch 
Company's point of diversion is the point of 
measurement, including--
(I) where the natural flow is less 
than 3 cubic feet per second (referred 
to in this clause as ``cfs''), the 
Tribe has a right to 1 cfs;
(II) where the natural flow is 
greater than or equal to 3 cfs and less 
than 5 cfs, the Tribe has a right to 
1\1/2\ cfs;
(III) where the natural flow is 
greater than or equal to 5 cfs and less 
than 10 cfs, the Tribe has a right to 2 
cfs; and
(IV) where the natural flow is 
greater than or equal to 10 cfs, the 
Tribe has a right to any amount;
(ii) minimizing adverse impact on the 
Parties other than the Tribe; and
(iii) maintaining the right of the Tribe to 
the reasonable and economic use of water for 
domestic and stock purposes on the Reservation.
(B) Consideration of exhibit e.--In applying the 
criteria set forth in subparagraph (A), the Court 
should consider the Operation Rules governing the Phase 
I Reservoir described in section 3.4.B.(1) of the 2007 
Agreement, as set forth in Exhibit E to the 2007 
Agreement, which the Parties agreed on based on 
consideration of that criteria.
(C) Inconsistency of proposed operation rules with 
criteria.--
(i) In general.--The Court shall not 
approve the 2007 Agreement if the Court finds 
that none of the proffered Operation Rules are 
consistent with the criteria set forth in 
subparagraph (A).
(ii) Alternative operation rules.--If the 
Court finds that none of the proffered 
Operation Rules are consistent with the 
criteria set forth in subparagraph (A), the 
Court may establish an alternate process to 
allow the Parties to develop alternate 
Operation Rules that are consistent with that 
criteria.

SEC. 13. MISCELLANEOUS PROVISIONS.

(a) Waiver of Sovereign Immunity by the United States.--Nothing in 
this Act waives the sovereign immunity of the United States, except as 
provided in section 12(a)(2).
(b) Other Tribes Not Adversely Affected.--Nothing in this Act 
quantifies or diminishes any land or water right, or any claim or 
entitlement to land or water, of an Indian Tribe, band, or community 
other than the Tribe.
(c) Other Water Rights of United States Not Adversely Affected.--
Nothing in this Act quantifies or diminishes any other water right held 
by the United States other than as a Downstream Water User.
(d) 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.
(e) Conflict.--In the event of a conflict between the 2007 
Agreement and this Act, this Act shall control.

SEC. 14. 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 2007 Agreement if adequate 
appropriations are not provided by Congress expressly to carry out the 
purposes of this Act.
<all>