November 7, 2025
Mr. Calvert introduced the following bill; which was referred to the Committee on Natural Resources
To approve the settlement of the water rights claims of the Agua Caliente Band of Cahuilla Indians, and for other purposes.
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. 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 § 31630, et seq. or Cal. Water Code Appendix § 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 ½ of Government Lot 2 and the South ½ of Government Lot 1 in the Northwest ¼ of Section 18, Township 4 South, Range 4 East, San Bernadino Base and Meridian;
(ii)
the Northwest ¼ of the Northeast ¼ of the Southwest ¼ of Section 18, Township 4 South, Range 4 East, San Bernadino Base and Meridian;
(iii)
the Northeast ¼ of the Northeast ¼ of the Southwest ¼ of Section 18, Township 4 South, Range 4 East, San Bernadino Base and Meridian; and
(iv)
the West ½ of the Northeast ¼ 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 ½ of the West ½ of the Northwest ¼ of the Northeast ¼ of Section 17 Township 4 South, Range 4 East San Bernadino Base and Meridian;
(ii)
the West ½ of the West ½ of the Northwest ¼ of the Northeast ¼ of Section 17 Township 4 South, Range 4 East, San Bernadino Base and Meridian; and
(iii)
the West ½ of the East ½ of the Northwest ¼ of the Northeast ¼ 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.