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Managing America: Native American Matters

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Week Ending May 23, 2008

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.

A June 2006 settlement agreement between the Soboda Band of the Luiseno Indians and some water districts is ratified and confirmed in this bill.

The matter grew from complaints by the Tribe that its water rights were interfered with. The Tribe lives on 6,000 acres along the San Jacinto River in Riverside County, CA since 1883. The compliant holds that the interference, alleged from the Metropolitan Water District of Southern California San Jacinto Tunnel aqueduct has made much of the reservation uninhabitable. The tunnel pierced groundwater resources that the Tribe relied on. The result has been dried up springs, creeks and wells on the reservation. The Tribe first sued in 1950.

The Settlement agreement provides that the Eastern Municipal Water District and Lake Hemet Municipal Water District assure the Tribe’s prior and paramount right to pump 9,000 acre-feet of water annually from the River basin. The Districts must contract to supply water to the Basin and must convey certain replacement lands and economic development funds to the Tribe.

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.

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.

Sponsor:  Rep. Mary Bono (CA-45^th)

Vote: Passed House by voice vote May 21, 2008

Cost to the taxpayers: “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.” “There is authorized to be appropriated to the Soboba Band of Luisen.AE6o 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.”

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MORE INFORMATION

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.

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