H.R. 5935

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5935 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 5935

To approve the settlement of the water rights claims of the Agua 
Caliente Band of Cahuilla Indians, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

November 7, 2025

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

_______________________________________________________________________

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.
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