[DOCID: f:hr649.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-649
======================================================================
SOBOBA BAND OF LUISENO INDIANS SETTLEMENT ACT
_______
May 15, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 4841]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 4841) to approve, ratify, and confirm the settlement
agreement entered into to resolve claims by the Soboba Band of
Luiseno Indians relating to alleged interferences with the
water resources of the Tribe, to authorize and direct the
Secretary of the Interior to execute and perform the Settlement
Agreement and related waivers, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Soboba Band of Luiseno Indians
Settlement Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The Soboba Band of Luiseno Indians is a federally
recognized Indian tribe whose Reservation of approximately
6,000 acres, extending east and north from the banks of the San
Jacinto River in Riverside County, California, was created by
an Executive Order dated June 19, 1883, and enlarged and
modified by subsequent Executive Orders, purchases, and an Act
of Congress.
(2) The Tribe's water rights have not been quantified, and
the Tribe has asserted claims for interferences with the water
resources of its Reservation, which the Tribe maintains have
rendered much of the Tribe's Reservation useless for
habitation, livestock, or Agriculture. On April 20, 2000, the
Tribe filed a lawsuit against The Metropolitan Water District
of Southern California for interference with the Tribe's water
resources and damages to its Reservation allegedly caused by
Metropolitan's construction and operation of the San Jacinto
Tunnel, which is part of the Colorado River Aqueduct. The
lawsuit, styled Soboba Band of Luiseno Indians v. Metropolitan
Water District of Southern California, No. 00-04208 GAF (MANx),
is pending in the United States District Court for the Central
District of California.
(3) The Tribe also has made claims against Eastern Municipal
Water District and Lake Hemet Municipal Water District, located
adjacent to the Reservation, seeking to secure its water rights
and damages arising from alleged past interference with the
Tribe's water resources.
(4) After negotiations, which included participation by
representatives of the Tribe, the United States on behalf of
the Tribe, The Metropolitan Water District of Southern
California, Eastern Municipal Water District, and Lake Hemet
Municipal Water District, a Settlement Agreement has been
developed to determine the Tribe's water rights, resolve all of
its claims for interference with the water resources of, and
damages to, its Reservation, provide for the construction of
water projects to facilitate the exercise of the Tribe's
rights, and resolve the lawsuit referenced in paragraph (2) of
this section.
(5) The Settlement Agreement provides that--
(A) Eastern Municipal Water District and Lake Hemet
Municipal Water District acknowledge and assure the
Tribe's prior and paramount right, superior to all
others, to pump 9,000 acre-feet of water annually from
the San Jacinto River basin in accordance with the
limitations and other conditions set forth in the
Settlement Agreement;
(B) Eastern Municipal Water District and The
Metropolitan Water District of Southern California will
contract to supply water to Eastern Municipal Water
District and Eastern Municipal Water District will use
this water to recharge water supplies into the basin;
and
(C) the three water districts will make substantial
additional contributions to the settlement, including
the conveyance of certain replacement lands and
economic development funds to the Tribe, to carry out
the Settlement Agreement's provisions.
(b) Purposes.--The purposes of this Act are--
(1) to approve, ratify, and confirm the Settlement Agreement
entered into by the Tribe and non-Indians entities;
(2) to achieve a fair, equitable, and final settlement of all
claims of the Soboba Band of Luiseno Indians, its members, and
the United States on behalf of the Tribe and its members, to
the water of the San Jacinto River basin;
(3) to authorize and direct the Secretary of the Interior to
execute and perform all obligations of the Secretary under the
Settlement Agreement; and
(4) to authorize the actions and appropriations necessary to
meet obligations of the United States under the Settlement
Agreement and this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) Restoration fund.--The term ``Restoration Fund'' means
the San Jacinto Basin Restoration Fund established by section
6.
(2) Development fund.--The term ``Development Fund'' means
the Soboba Band of Luiseno Indians Water Development Fund
established by section 7.
(3) Reservation.--
(A) In general.--The term ``Reservation'' means the
Soboba Indian Reservation created by Executive Order
dated June 19, 1883, and enlarged and modified as of
the date of enactment of this Act by Executive Orders
and an Act of Congress.
(B) Exclusions.--For the purposes of this Act, the
term ``Reservation'' does not include--
(i) the 950 acres northwest of and contiguous
to the Reservation known as the ``Jones
Ranch'', purchased by the Soboba Tribe in fee
on July 21, 2001, and placed into trust on
January 13, 2003;
(ii) the 535 acres southeast of and
contiguous to the Reservation known as the
``Horseshoe Grande'', purchased by the Soboba
Tribe in fee in seven separate transactions in
June and December 2001, December 2004, June
2006, and January 2007; and
(iii) the 478 acres north of and contiguous
to the Reservation known as ``The Oaks'',
purchased by the Soboba Tribe in fee on April
4, 2004.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior or a designee of the Secretary.
(5) Settlement agreement.--The term ``Settlement Agreement''
means that agreement dated June 7, 2006, as amended to be
consistent with this Act, together with all exhibits thereto.
The parties to the Settlement Agreement are the Soboba Band of
Luiseno Indians and its members, the United States on behalf of
the Tribe and its members, The Metropolitan Water District of
Southern California, Eastern Municipal Water District, and Lake
Hemet Municipal Water District.
(6) Tribe, soboba tribe, or soboba band of luiseno indians.--
The terms ``Tribe'', ``Soboba Tribe'', or ``Soboba Band of
Luiseno Indians'' means the body politic and federally
recognized Indian tribe, and its members.
(7) Water management plan.--The term ``Water Management
Plan'' means the plan, approved by the Soboba Tribe and the
Secretary, developed pursuant to section 4.8, paragraph A of
the Settlement Agreement to resolve the overdraft of the San
Jacinto basin.
SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT; AUTHORIZATION.
(a) In General.--The United States hereby approves, ratifies, and
confirms the Settlement Agreement, except to the extent it conflicts
with the provisions of this Act.
(b) Authorization.--The Secretary is authorized and directed to
execute, and take such other actions as are necessary to implement, the
Settlement Agreement and any amendments approved by the parties
necessary to make the Settlement Agreement consistent with this Act.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) Restoration Fund.--There is authorized to be appropriated to the
San Jacinto Basin Restoration Fund established in section 6 of this Act
the amount of $5,000,000 for each of fiscal years 2010 and 2011 to pay
or reimburse the costs associated with constructing, operating, and
maintaining the portion of the basin recharge project that the United
States is responsible for under the Settlement Agreement. These costs
are described in section 4.5 of the Settlement Agreement and are
necessary to accommodate deliveries of the supplemental imported water
under section 4.4 of the Settlement Agreement.
(b) Development Fund.--There is authorized to be appropriated to the
Soboba Band of Luiseno Indians Water Development Fund established in
section 7 of this Act the amount of $5,500,000 for each of fiscal years
2010 and 2011 to pay or reimburse costs associated with constructing,
operating, and maintaining water and sewage infrastructure, and other
water-related development projects.
(c) Limitation.--No funding of any construction, operation,
maintenance, or replacement other than those funds authorized under
subsections (a) and (b) shall be the responsibility of the Federal
Government under the Settlement Agreement or this Act.
SEC. 6. RESTORATION FUND.
(a) Establishment.--There shall be established within the Treasury of
the United States a non-interest bearing account to be known as the
``San Jacinto Basin Restoration Fund'', consisting of the amounts
authorized to be appropriated in section 5(a) of this Act.
(b) Administration.--The Restoration Fund shall be administered by
the Secretary for the purposes set forth in subsection (d) of this
section.
(c) Availability.--The funds authorized to be appropriated pursuant
to section 5(a) of this Act shall be available for expenditure or
withdrawal only after the effective date set forth in section 10(a).
(d) Expenditures and Withdrawals.--
(1) Expenditure plan.--
(A) In general.--Eastern Municipal Water District, on
behalf of the Water Management Plan, shall submit to
the Secretary for approval an expenditure plan for use
of the Restoration Fund.
(B) Requirements.--The expenditure plan shall require
that any funds be expended or reimbursed in accordance
with the purposes described in section 5(a) of this
Act.
(2) Withdrawals.--On approval by the Secretary of the
expenditure plan described in this section, Eastern Municipal
Water District, on behalf of the Water Management Plan, may
expend or be reimbursed monies from the Restoration Fund as
provided in the plan.
(3) Enforcement.--The Secretary may take judicial or
administrative action to enforce the provisions of any
expenditure plan to ensure that monies expended or reimbursed
from the Restoration Fund under the plan are used in accordance
with this Act.
(4) Liability.--If Eastern Municipal Water District, on
behalf of the Water Management Plan, exercises the right to
expend or be reimbursed monies from the Restoration Fund,
neither the Secretary nor the Secretary of the Treasury shall
have any liability for the expenditure or reimbursement.
(5) Annual report.--Eastern Municipal Water District shall
submit to the Tribe and the Secretary an annual report that
describes all expenditures or reimbursements from the
Restoration Fund during the year covered by the report.
SEC. 7. DEVELOPMENT FUND.
(a) Establishment.--There shall be established within the Treasury of
the United States a fund to be known as the ``Soboba Band of Luiseno
Indians Water Development Fund'', to be managed and invested by the
Secretary consisting of the amounts authorized to be appropriated in
section 5(b).
(b) Management.--The Secretary shall manage the Development Fund,
make investments, and make monies available for distribution consistent
with the American Indian Trust Fund Management Reform Act of 1994 (25
U.S.C. 4001 et seq.) (referred to in this section as the ``Trust Fund
Reform Act''), this Act, and the Settlement Agreement.
(c) Investment.--The Secretary shall invest amounts in the
Development Fund in accordance with--
(1) the Act of April 1, 1880 (21 Stat. 70, ch. 41, 25 U.S.C.
161);
(2) the first section of the Act of June 24, 1938 (52 Stat.
1037, ch. 648, 25 U.S.C. 162a); and
(3) subsection (b) of this section.
(d) Availability.--The funds authorized to be appropriated pursuant
to section 5(b) of this Act shall be available for expenditure or
withdrawal only after the effective date set forth in section 10(a).
(e) Expenditures and Withdrawals.--
(1) Tribal management plan.--
(A) In general.--The Tribe may withdraw all or part
of the Development Fund on approval by the Secretary of
a tribal management plan as described in the Trust Fund
Reform Act.
(B) Requirements.--In addition to the requirements
under the Trust Fund Reform Act, the tribal management
plan shall require that any funds be expended or
reimbursed in accordance with the purposes described in
section 5(b) of this Act.
(C) Enforcement.--The Secretary may take judicial or
administrative action to enforce the provisions of any
tribal management plan to ensure that monies withdrawn
from the Development Fund under the plan are used in
accordance with this Act.
(D) Liability.--If the Tribe exercises the right to
withdraw monies from the Development Fund, neither the
Secretary nor the Secretary of the Treasury shall
retain any liability for the expenditure or investment.
(2) Expenditure plan.--
(A) In general.--The Tribe shall submit to the
Secretary for approval an expenditure plan for any
portion of the amounts made available under section
5(b) that the Tribe does not withdraw under this
subsection.
(B) Description.--The expenditure plan shall describe
the manner in which, and the purposes for which,
amounts of the Tribe remaining in the Funds will be
used.
(C) Approval.--On receipt of an expenditure plan
under subparagraph (A), the Secretary shall approve the
plan if the Secretary determines that the plan is
reasonable and consistent with this Act and the
Agreement.
(3) Annual report.--The Tribe shall submit to the Secretary
an annual report that describes all expenditures from the
Development Fund during the year covered by the report.
(4) No per capita distributions.--No part of the Development
Fund shall be distributed on a per capita basis to members of
the Tribe.
SEC. 8. WAIVERS AND RELEASES.
(a) Tribe and United States Authorization.--The Tribe, on behalf of
itself and its members, and the Secretary, on behalf of the United
States in its capacity as trustee for the Tribe and its members, are
authorized, as part of the performance of their obligations under the
Settlement Agreement, to execute a waiver and release for claims under
Federal, State, or other law against The Metropolitan Water District of
Southern California, Eastern Municipal Water District, and Lake Hemet
Municipal Water District, for any and all--
(1) past, present, and future claims to surface water and
groundwater rights for the Reservation arising from time
immemorial through the effective date described in section 10
of this Act and anytime thereafter, except claims to enforce
the Settlement Agreement or claims based on water rights
acquired after the effective date described in section 10 of
this Act;
(2) past, present, and future claims for injury of any kind
arising from interference with surface water and groundwater
resources and water rights of the Reservation, including, but
not limited to, all claims for injury to the Tribe's use and
enjoyment of the Reservation, economic development, religion,
language, social structure and culture, and injury to the
natural resources of the Reservation, from time immemorial
through the effective date described in section 10 of this Act;
(3) past, present, and future claims for injury of any kind
arising from, or in any way related to, continuing interference
with surface water and groundwater resources and water rights
of the Reservation, including the full scope of claims defined
in section 5.1, paragraph A(2) of the Settlement Agreement, to
the extent that such continuing interference began prior to the
effective date described in section 10 of this Act, from time
immemorial through the effective date described in section 10
of this Act and anytime thereafter;
(4) past, present, and future claims for injury of any kind
arising from, or in any way related to, seepage of water into
the San Jacinto Tunnel, including the full scope of claims
defined in section 5.1, paragraph A(2) of the Settlement
Agreement, from time immemorial through the effective date
described in section 10 of this Act and anytime thereafter; and
(5) past, present, and future claims for injury of any kind
arising from, or in any way related to, the Water Management
Plan as approved in accordance with the Settlement Agreement,
from time immemorial through the effective date described in
section 10 of this Act and anytime thereafter.
(b) Tribal Waivers Against the United States.--
(1) In general.--The Tribe is authorized, as part of the
performance of its obligations under the Settlement Agreement,
to execute a waiver and release for claims against the United
States (acting in its capacity as trustee for the Tribe or its
members, or otherwise acting on behalf of the Tribe or its
members), including any agencies, officials, or employees
thereof, for any and all--
(A) claims described in subsection (a) of this
section;
(B) past, present, and future claims for failure to
acquire or develop water rights and water resources of
the Reservation arising from time immemorial through
the effective date described in section 10 of this Act
and anytime thereafter;
(C) past, present, and future claims for failure to
protect water rights and water resources of the
Reservation arising from time immemorial through the
effective date described in section 10 of this Act, and
any past, present, and future claims for any continuing
failure to protect water rights and water resources of
the Reservation, arising from time immemorial through
the effective date described in section 10 of this Act
and, to the extent that such continuing failure to
protect began before the effective date described in
section 10 of this Act, anytime thereafter;
(D) past, present, and future claims arising from the
failure of any non-Federal Party to fulfill the terms
of the Settlement Agreement at anytime; and
(E) past, present, and future claims arising out of
the negotiation of the Settlement Agreement or the
negotiation and enactment of this Act, or any specific
terms of provisions thereof, including, but not limited
to, the Tribe's consent to limit the number of
participant parties to the Settlement Agreement.
(2) Effectiveness of waivers against the united states.--
(A) In general.--The waiver and release contained in
this subsection shall take effect on the date on which
all of the amounts authorized under sections 5(a) and
5(b) are appropriated.
(B) Periods of limitation; equitable claims.--
(i) In general.--All periods of limitation
and time-based equitable defenses applicable to
the claims set forth in paragraph (1) are
tolled for the period between the date of
enactment of this Act until the date on which
the amounts authorized under sections 5(a) and
5(b) are appropriated.
(ii) Effect of subparagraph.--This
subparagraph neither revives any claim nor
tolls any period of limitation or time-based
equitable defense that may have expired before
the date of enactment of this Act.
(C) Defense.--The making of the amounts of
appropriations authorized under sections 5(a) and 5(b)
shall constitute a complete defense to any claim which
involves the claims set forth in paragraph (b)(1)
pending in any court of the United States on the date
on which the appropriations are made.
SEC. 9. MISCELLANEOUS PROVISIONS.
(a) Jurisdiction.--
(1) No effect on subject matter jurisdiction.--Nothing in the
Agreement or this Act restricts, enlarges, or otherwise
determines the subject matter jurisdiction of any Federal,
State, or Tribal court.
(2) Judgment and decree.--The United States consents to
jurisdiction in the United States District Court for the
Central District of California case known as Soboba Band of
Luiseno Indians v. Metropolitan Water District of Southern
California, No. 00-04208 for the purpose of obtaining approval
for a judgment and decree substantially the same as the
judgment and decree attached to the Settlement Agreement as
exhibit H.
(3) Effect of subsection.--Nothing in this subsection confers
jurisdiction on any State court to--
(A) enforce Federal environmental laws regarding the
duties of the United States; or
(B) conduct judicial review of Federal agency action.
(b) Use of Water.--
(1) Tribal use.--With respect to water rights made available
under the Settlement Agreement--
(A) the Tribe may use water made available to it
under the Settlement Agreement for any use it deems
advisable on the Reservation and on any other lands it
owns or may acquire, in fee or in trust, contiguous to
the Reservation or within the area of the groundwater
basin described in section 2.4 of the Settlement
Agreement;
(B) such water rights shall be held in trust by the
United States in perpetuity, and shall not be subject
to forfeiture or abandonment; and
(C) State law shall not apply to the Tribe's use of
water made available to it under the Settlement
Agreement.
(2) Non-tribal use.--
(A) Contracts and options.--Subject to the
limitations in subparagraph (B), the Tribe may enter
into contracts and options to lease or contracts and
options to exchange water made available to it under
the Settlement Agreement, or enter into contracts and
options to postpone existing water uses or postpone
undertaking new or expanded water uses.
(B) Limitations on non-tribal use.--
(i) Consistency with water management plan.--
Any water made available under subparagraph (A)
shall only be used by participants in, or other
users within the area of, the Water Management
Plan described in section 2.32 of the
Settlement Agreement.
(ii) Prohibition on permanent alienation.--No
contract under subparagraph (A) shall be for a
term exceeding one hundred years, nor shall any
contract under subparagraph (A) provide for
permanent alienation of any portion of the
water rights made available under the
Settlement Agreement.
(C) Liability.--The Secretary shall not be liable to
any party, including the Tribe, for any term of, or any
loss or other detriment resulting from, a lease or
contract entered into pursuant to this subparagraph.
(c) Retention of Rights.--
(1) In the event the waivers and releases set out in section
8 of this Act do not become effective pursuant to section 10(a)
of this Act, the Soboba Tribe and the United States shall
retain the right to assert all rights and claims enumerated in
section 8, and any claims or defenses of the parties to the
Settlement Agreement shall also be retained.
(2) The parties expressly reserve all rights not specifically
granted, recognized, waived, or released by the Settlement
Agreement or this Act.
(3) Notwithstanding the waivers and releases set forth in
section 8(a), the United States retains all claims relating to
violations of the Clean Water Act, the Safe Drinking Water Act,
the Comprehensive Environmental Response, Compensation, and
Liability Act, Resource Conservation and Recovery Act, and the
regulations implementing these Acts, including, but not limited
to claims related to water quality.
(d) Precedent.--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 tribes in any other
judicial or administrative proceeding.
(e) Other Indian Tribes.--Nothing in the Settlement Agreement or this
Act shall be construed in any way to quantify or otherwise adversely
affect the water rights, claims, or entitlements to water of any Indian
tribe, band, or community, other than the Soboba Tribe.
(f) Environmental Compliance.--
(1) Signing by the Secretary of the Settlement Agreement does
not constitute major Federal action under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) The Secretary is directed to carry out all environmental
compliance required by Federal law in implementing the
Agreement.
SEC. 10. EFFECTIVE DATE.
(a) In General.--The waivers and releases authorized in subsection
(a) of section 8 of this Act shall become effective as of the date the
Secretary causes to be published in the Federal Register a statement of
findings that--
(1) this Act has been enacted;
(2) to the extent that the Settlement Agreement conflicts
with this Act, the Settlement Agreement has been revised to
conform with the Act;
(3) the Settlement Agreement, revised as necessary, and the
waivers and releases described in article 5 of the Settlement
Agreement and section 8(a) of this Act have been executed by
the parties and the Secretary;
(4) warranty deeds for the property to be conveyed to the
Tribe described in section 4.6 of the Settlement Agreement have
been placed in escrow;
(5) the Tribe and the Secretary have approved the Water
Management Plan; and
(6) the judgment and decree attached to the Settlement
Agreement as exhibit H or a judgment and decree substantially
the same as exhibit H has been approved by the United States
District Court, Eastern Division of the Central District of
California, and that judgment and decree has become final and
nonappealable.
(b) Deadline for Effective Date.--If the conditions precedent
required under subsection (a) of this section have not been fulfilled
by March 1, 2012, the Settlement Agreement and this Act shall not
thereafter be effective and shall be null and void, and any funds and
the interest accrued thereon appropriated pursuant to section 5 shall
revert to the general fund of the United States Treasury.
PURPOSE OF THE BILL
The purpose of H.R. 4841 is to approve, ratify, and confirm
the settlement agreement entered into to resolve claims by the
Soboba Band of Luiseno Indians relating to alleged
interferences with the water resources of the Tribe, to
authorize and direct the Secretary of the Interior to execute
and perform the Settlement Agreement and related waivers, and
for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
The Soboba Band of Luiseno Indians (Soboba) is comprised of
nearly 900 members that live on or near the Soboba Reservation,
located in the western foothills of San Jacinto Mountains of
Southern California about 80 miles east of Los Angeles. The
Soboba Reservation was established on June 19, 1883 and
encompasses about 9.2 square miles. The San Jacinto River is
the major surface water feature on the Reservation. The tribe
relied on the river for its agricultural needs until surface
water diversions were built upstream of the river. The tribe
then relied on groundwater as its primary source of water.
In the 1930s, the Metropolitan Water District of Southern
California (MWD) dug a 13-mile tunnel through the San Jacinto
Mountains, about 3\1/2\ miles northwest of the Reservation. The
tunnel was part of the Colorado River Aqueduct constructed to
bring drinking water to Southern California. During
construction, the tunnel pierced underground faults and
fractures in the mountains that dammed large amounts of
groundwater underneath the Reservation. Groundwater flooded
into the tunnel drying up springs, creeks and wells on the
Reservation that were fed by an underground aquifer.
Soboba sued the federal government in the Indian Claims
Commission for failing to protect the Reservation's water
resources in 1950 (Soboba Band of Mission Indians v. United
States). The federal government settled the lawsuit in 1991 for
$12,000,000. Similarly, in 2000 Soboba sued the MWD, Eastern
Municipal Water District, and Lake Hemet Water District in the
United States District Court, alleging that the underground
tunnel built by MWD drained much of the water supply to the
Soboba Reservation.
In June 2007, the tribe and water districts entered into a
settlement to resolve these legal claims. Specifically, the
settlement gave a final resolution of Soboba's water rights and
claims and guaranteed the tribe 7,500 acre-feet per year of
reduced cost water from MWD until 2035. In addition, the three
water agencies combined will pay $17 million to the tribe for
access to any of the tribe's unused water. The tribe, in
return, has agreed to limit its water use to 4,100 acre-feet of
the 9,000 acre-feet quantified allocation for 50 years.
COMMITTEE ACTION
H.R. 4841 was introduced on March 3, 2008 by Rep. Mary Bono
Mack (R-CA). The bill was referred to the Committee on Natural
Resources, and within the Committee to the Subcommittee on
Water and Power. On March 13, 2008, the Subcommittee held a
hearing on the bill.
On April 23, 2008, the Subcommittee met to mark up the
bill. Subcommittee Ranking Member Cathy McMorris Rodgers (R-WA)
offered an en bloc amendment that modified the bill by changing
the required payment years to FY 2010 and FY 2011, since the FY
2009 budget cycle is near completion. The amendment also
clarifies that the Development Fund is a ``non-interest''
bearing account to conform with House PAYGO rules. It was
adopted by unanimous consent. The bill, as amended, was then
forwarded to the Full Committee by unanimous consent.
On April 30, 2008, the Full Natural Resources Committee met
to consider the bill. Rep. Cathy McMorris Rodgers offered an
amendment to change the Development Fund from a ``non-
interest'' account to a ``fund'' for the purpose of further
meeting House PAYGO rules. It was adopted by unanimous consent.
The bill as amended was then ordered favorably reported to the
House of Representatives by unanimous consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides that this act may be cited as the
``Soboba Band of Luiseno Indians Act.''
Section 2. Findings and purposes
Section 2 states the findings and purposes of H.R. 4841.
The findings provide historic and legal background for the
Soboba Band of Luiseno Indians, including the lawsuit against
Metropolitan Water District and their claims against Eastern
and Lake Hemet Municipal Water Districts. The findings also
outline the negotiation process and settlement conditions,
including an acknowledgment from the three water districts that
Soboba's water right is ``superior'' to all others and is
quantified at 9,000 acre-feet. The purposes section outlines
the intent of this legislation, including to approve, ratify,
confirm and implement the settlement agreement.
Section 3. Definitions
Section 3 provides definitions for commonly used terms
within the act.
Section 4. Ratification of settlement agreement; authorization
Section 4 provides that the United States ratifies and
confirms the June 6, 2006 agreement and authorizes the
Secretary of Interior to execute and implement the settlement
agreement.
Section 5. Authorization of appropriations
Section 5 outlines the total authorized appropriations
within this act. The San Jacinto Basin Restoration Fund is
authorized to be appropriated $5,000,000 for fiscal years 2010
and 2011. The Soboba Band of Luiseno Indians Water Development
Fund is authorized to be appropriated $5,500,000 for fiscal
years 2010 and 2011. The total authorized appropriation for
both funds is $21,000,000.
Section 6. Restoration fund
Section 6 establishes the Restoration Fund. The San Jacinto
Basin Restoration Fund will be established within the Treasury
of the United States and administered by the Secretary of the
Interior. Eastern Municipal Water District must submit an
expenditure plan that must be approved by the Secretary for any
payment or reimbursement of costs. Eastern Municipal is also
required to submit an annual report to the Secretary that
describes all costs. Funds are available for use after March 1,
2012.
Section 7. Development fund
Section 7 establishes the Development Fund. The Soboba Band
of Luiseno Indians Water Development Fund will be established
within the Treasury of the United States to be managed and
invested by the Secretary of the Interior. The Tribe may
withdraw all or part of the fund, but must submit a tribal
management plan that must be approved by the Secretary of the
Interior. The Secretary of the Interior and the Secretary of
the Treasury are not liable for the way in which monies
withdrawn from the fund are spent or invested. In addition, the
Tribe must submit an expenditure plan that must be approved by
the Secretary for any payment or reimbursement of costs. The
tribe is required to submit an annual report to the Secretary
that describes all costs. No part of the funds shall be
distributed on a per capita basis to tribal members. Funds are
available for use after March 1, 2012.
Section 8. Waivers and releases
Section 8 outlines the tribe's waiver and release of claims
against the Metropolitan Water District, the Eastern Municipal
Water District, the Lake Hemet Municipal Water District and the
United States. The waivers release the three districts for any
and all past, present, and future claims to surface water and
groundwater rights, injury and interference with surface and
groundwater rights, continuing interference with surface water
and groundwater rights, injury arising from water seepage into
the San Jacinto Tunnel, and injury related to the water
management plan. The waiver releases the United States from any
and all past, present, and future claims for failure to acquire
and develop reservation water rights and resources, for failure
to protect reservation water rights and resources, failure of
any non-federal party to fulfill the terms of the settlement
agreement at anytime, and for past, present and future claims
related to the negotiation of the settlement agreement.
The waiver and release for the United States will take
effect when the authorized funds are appropriated.
Section 9. Miscellaneous provisions
This section outlines miscellaneous provisions regarding
jurisdiction, use of water and retention of rights. Section 9
also states that nothing in this act establishes a precedent
for the federal quantification or litigation of reserved water
rights. Language in this section also clarifies that nothing in
this act quantifies or adversely harms other tribes and the
Secretary's signature to the settlement agreement does not
constitute compliance with the National Environmental Policy
Act.
Section 10. Effective date
Section 10 lists the necessary criteria for the waivers and
releases to be effective. The deadline for the effective date
is March 1, 2012. If implementation does not occur by March 1,
2012, the Settlement Agreement and this Act are null and void,
and all appropriated funds revert to the general fund of the
United States Treasury.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to approve, ratify, and confirm the
settlement agreement entered into to resolve claims by the
Soboba Band of Luiseno Indians relating to alleged
interferences with the water resources of the Tribe, to
authorize and direct the Secretary of the Interior to execute
and perform the Settlement Agreement and related waivers.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 4841--Soboba Band of Luiseno Indians Settlement Act
Summary: H.R. 4841 would approve and ratify a water rights
settlement agreement among the Soboba Band of Luiseno Indians
and its members, the United States, and three water districts
in Riverside County, California, provided that certain
conditions are met. As part of the agreement, H.R. 4841 would
create two funds--the San Jacinto Basin Restoration Fund and
the Soboba Band of Luiseno Indians Water Development Fund.
Under the bill, money in those funds could not be spent until
the agreement is approved by all parties involved and other
requirements have been met.
Based on information from the Department of the Interior
(DOI), CBO estimates that implementing H.R. 4841 would cost $21
million over the 2010-2011 period, assuming appropriation of
the authorized amounts. Enacting the legislation would have no
significant impact on direct spending and would not affect
revenues.
H.R. 4841 would restrict the tribe's ability to use and
lease water it receives as part of the settlement agreement,
and that restriction would be an intergovernmental mandate as
defined in the Unfunded Mandates Reform Act (UMRA). CBO
estimates that the mandate would impose no new costs on the
tribe, and therefore, the threshold established in UMRA ($68
million in 2008, adjusted annually for inflation) would not be
exceeded.
H.R. 4841 contains no private-sector mandate as defined in
UMRA.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 4841 is shown in the following table.
The costs of this legislation fall within budget function 450
(community and regional development).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2009 2010 2011 2012 2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION\1\
Restoration Fund:
Authorization Level............................................ 0 5 5 0 0
Estimated Outlays.............................................. 0 5 5 0 0
Development Fund:
Authorization Level............................................ 0 6 6 0 0
Estimated Outlays.............................................. 0 0 11 0 0
Total Changes:
Estimated Authorization Level.............................. 0 11 11 0 0
Estimated Outlays.......................................... 0 5 16 0 0
----------------------------------------------------------------------------------------------------------------
\1\Enacting H.R. 4841 also would increase direct spending by an insignificant amount in 2011, from interest on
appropriation balances.
Basis of estimate: For this estimate, CBO assumes that H.R.
4841 will be enacted near the end of 2008 and that the amounts
authorized will be appropriated each year. In 2006, the Soboba
Band and three water districts in Riverside County, California,
signed a settlement agreement to resolve a water rights
dispute. (The water districts include the Eastern Municipal
Water District, the Lake Hemet Municipal Water District, and
the Metropolitan Water District.) The United States would
become party to the agreement upon enactment of H.R. 4841,
provided that the settlement agreement is modified to be
consistent with requirements specified by the bill and other
conditions are met. Based on information from DOI, CBO assumes
that, in 2010, the settlement agreement will be finalized and
all parties will have executed their responsibilities under the
settlement.
As part of the settlement agreement, H.R. 4841 would create
two funds--the San Jacinto Basin Restoration Fund (Restoration
Fund) and the Soboba Band of Luiseno Indians Water Development
Fund (Development Fund)--to restore water to the tribe's
reservation and to ensure an adequate water supply to the San
Jacinto basin area in Riverside County. Assuming appropriation
of the authorized amounts, CBO estimates that implementing H.R.
4841 would cost $21 million over the 2010-2011 period.
Restoration Fund
H.R. 4841 would authorize the appropriation of $5 million a
year over the 2010-2011 period for the Restoration Fund to
cover a portion of the costs for the San Jacinto basin recharge
project. Under the bill, the Eastern Municipal Water District
would have the authority to spend monies provided in the
Restoration Fund or seek reimbursement from the fund for the
necessary construction activities, provided that certain
conditions are met. Appropriated funds, however, could not be
spent until the settlement is agreed to by all parties and
certain conditions are met. Unless all conditions are met by
March 1, 2012, any funds appropriated to implement H.R. 4841
would be returned to the Treasury.
According to DOI, some construction work has begun for the
basin recharge project, and the Eastern Municipal Water
District would likely seek reimbursement for its work soon
after the settlement is finalized and funds are appropriated.
Because all components of the settlement will likely be
completed in 2010, CBO estimates that implementing the bill
would result in spending of $5 million in both 2010 and 2011.
Development Fund
H.R. 4841 would authorize the appropriation of $5.5 million
each year over the 2010-2011 period for the Development Fund to
benefit the Soboba Tribe. The Secretary of the Interior would
be required to invest those amounts in Treasury obligations
until those funds are expended. Funds would be used to restore,
rehabilitate, and maintain water and sewage infrastructure and
other related development projects. Similar to the Restoration
Fund, amounts in this fund could not be spent by the tribe
until the settlement is finalized and certain conditions are
met. Unless all conditions of the settlement are met by March
1, 2012, any funds appropriated to implement H.R. 4841 would be
returned to the Treasury.
Trust funds that are held and managed in a fiduciary
capacity by the federal government on behalf of Indian tribes
are treated in the budget as nonfederal funds. As a result,
outlays would be recorded on the budget in the year that all
funds are provided to the tribe and the settlement agreement is
final. Therefore, CBO estimates that this provision would
result in discretionary spending of $11 million in 2011. Once
the settlement is final, subsequent use of those funds by the
tribe would have no further impact on the federal budget.
Estimated impact on state, local, and tribal governments:
H.R. 4841 would restrict the tribe's ability to use and lease
water it receives as part of the settlement agreement, and that
restriction would be an intergovernmental mandate as defined in
UMRA. Because the tribe has voluntarily agreed to that
restriction in the settlement, CBO estimates that the mandate
would impose no new costs on the tribe, and therefore, the
threshold established in UMRA would not be exceeded.
Estimated impact on the private sector: H.R. 4841 contains
no private-sector mandate as defined in UMRA.
Estimate prepared by: Federal Costs: Leigh Angres; Impact
on State, Local, and Tribal Governments: Melissa Merrell;
Impact on Private Sector: MarDestinee Perez.
Estimate approved by: Theresa Gullo, Deputy Asistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 4841 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
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