[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8920 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8920
To approve the settlement of the water right claims of the Tule River
Tribe, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 2, 2024
Mr. Fong introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To approve the settlement of the water right claims of the Tule River
Tribe, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Tule River Tribe
Reserved Water Rights Settlement Act of 2024''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Ratification of 2007 Agreement.
Sec. 5. Tribal Water Right.
Sec. 6. Tule River Tribe trust accounts.
Sec. 7. Funding.
Sec. 8. Transfer of land into trust.
Sec. 9. Satisfaction of claims.
Sec. 10. Waivers and releases of claims.
Sec. 11. Enforceability Date.
Sec. 12. Binding effect; judicial approval; enforceability.
Sec. 13. Miscellaneous provisions.
Sec. 14. Antideficiency.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to achieve a fair, equitable, and final settlement of
claims to water rights in the State of California for--
(A) the Tule River Tribe; and
(B) the United States, acting as trustee for the
Tribe;
(2) to authorize, ratify, and confirm the 2007 Agreement
entered by the Tribe, the South Tule Independent Ditch Company,
and the Tule River Association, to the extent that the 2007
Agreement is consistent with this Act;
(3) to authorize and direct the Secretary--
(A) to execute the 2007 Agreement, with amendments
to facilitate implementation and approval of the 2007
Agreement; and
(B) to take any other actions necessary to carry
out the 2007 Agreement in accordance with this Act;
(4) to authorize funds necessary for the implementation of
the 2007 Agreement and this Act; and
(5) to authorize the transfer of certain lands to the
Tribe, to be held in trust.
SEC. 3. DEFINITIONS.
(a) In General.--In this Act:
(1) 2007 agreement.--The term ``2007 Agreement'' means--
(A) the agreement dated November 21, 2007, as
amended on April 22, 2009, between the Tribe, the South
Tule Independent Ditch Company, and the Tule River
Association, and exhibits attached thereto; and
(B) any amendment to the Agreement referred to in
subparagraph (A) (including an amendment to any
exhibit) that is executed in accordance with section
4(a)(2).
(2) Court.--The term ``Court'' means the United States
District Court for the Eastern District of California, unless
otherwise specified herein.
(3) Divert; diversion.--The terms ``divert'' and
``diversion'' mean to remove water from its natural course or
location by means of a ditch, canal, flume, bypass, pipeline,
conduit, well, pump, or other structure or device, or act of a
person.
(4) Downstream water users.--The term ``Downstream Water
Users'' means--
(A) the Tule River Association and its successors
and assigns;
(B) the South Tule Independent Ditch Company and
its successors and assigns; and
(C) any and all other holders of water rights in
the South Fork Tule River Basin.
(5) Enforceability date.--The term ``Enforceability Date''
means the date described in section 11.
(6) OM&R.--
(A) In general.--The term ``OM&R'' means operation,
maintenance, and replacement.
(B) Inclusions.--The term ``OM&R'' includes--
(i) any recurring or ongoing activity
relating to the day-to-day operation of a
project;
(ii) any activity relating to scheduled or
unscheduled maintenance of a project; and
(iii) any activity relating to repairing or
replacing a feature of a project.
(7) Operation rules.--The term ``Operation Rules'' means
the rules of operation for the Phase I Reservoir, as
established in accordance with the 2007 Agreement and this Act.
(8) Parties.--The term ``Parties'' means the signatories to
the 2007 Agreement, including the Secretary.
(9) Phase i reservoir.--The term ``Phase I Reservoir''
means the reservoir described in either section 3.4.B.(1) or
section 3.4.B.(2) of the 2007 Agreement.
(10) Reservation; tule river reservation.--The terms
``Reservation'' and ``Tule River Reservation'' mean the
reservation of lands set aside for the Tribe by the Executive
Orders of January 9, 1873, October 3, 1873, and August 3, 1878,
including lands added to the Reservation pursuant to section 8.
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(12) South tule independent ditch company.--The term
``South Tule Independent Ditch Company'' means the nonprofit
mutual water company incorporated in 1895 that has claims to
ownership of water rights dating back to 1854, which provides
water diverted from the South Fork of the Tule River to its
shareholders on lands downstream from the Tule River
Reservation.
(13) Tribal water right.--The term ``Tribal Water Right''
means the water rights ratified, confirmed, and declared to be
valid for the benefit of the Tribe as set forth and described
in the 2007 Agreement and this Act.
(14) Tribe.--The term ``Tribe'' means the Tule River Indian
Tribe of the Tule River Reservation, California, a federally
recognized Indian Tribe.
(15) Trust fund.--The term ``Trust Fund'' means the Tule
River Indian Tribe Settlement Trust Fund established under
section 6(a).
(16) Tule river association.--
(A) In general.--The term ``Tule River
Association'' means the association formed by agreement
in 1965, the members of which are representatives of
all pre-1914 appropriative and certain riparian water
right holders of the Tule River at and below the
Richard L. Schafer Dam and Reservoir.
(B) Inclusions.--The term ``Tule River
Association'' includes the Pioneer Water Company, the
Vandalia Irrigation District, the Porterville
Irrigation District, and the Lower Tule River
Irrigation District.
(17) Water development project.--The term ``Water
Development Project'' means a project for domestic, commercial,
municipal, and industrial water supply, including but not
limited to water treatment, storage, and distribution
infrastructure, to be constructed, in whole or in part, using
monies from the Trust Fund.
(b) Definitions of Other Terms.--Any other term used in this Act
but not defined in subsection (a)--
(1) has the meaning given the term in the 2007 Agreement;
or
(2) if no definition for the term is provided in the 2007
Agreement, shall be used in a manner consistent with its use in
the 2007 Agreement.
SEC. 4. RATIFICATION OF 2007 AGREEMENT.
(a) Ratification.--
(1) In general.--Except as modified by this Act and to the
extent that the 2007 Agreement does not conflict with this Act,
the 2007 Agreement is authorized, ratified, and confirmed.
(2) Amendments.--
(A) General amendments.--If an amendment to the
2007 Agreement, or to any exhibit attached to the 2007
Agreement requiring the signature of the Secretary, is
executed in accordance with this Act to make the 2007
Agreement consistent with this Act, the amendment is
authorized, ratified, and confirmed.
(B) Specific amendments.--
(i) Substitute sites.--If a substitute site
for the Phase I Reservoir is identified by the
Tribe pursuant to section 3.4.B.(2)(a) of the
2007 Agreement, then amendments related to the
Operation Rules are authorized, ratified, and
confirmed, to the extent that such Amendments
are consistent with the 2007 Agreement and this
Act.
(ii) Priority date.--Amendments agreed to
by the Parties to establish that the priority
date for the Tribal Water Right is no later
than January 9, 1873, is authorized, ratified,
and confirmed.
(iii) Senior water rights.--Amendments
agreed to by the Parties to accommodate senior
water rights of those Downstream Water Users
described in section 3(a)(4)(C) are authorized,
ratified, and confirmed, to the extent that the
Court finds any such Downstream Water Users
possess senior water rights that can be
accommodated only by amendment of the 2007
Agreement.
(iv) Other amendments.--Other amendments
agreed to by the Parties to facilitate
implementation and approval of the 2007
Agreement are authorized, ratified, and
confirmed, to the extent that such amendments
are otherwise consistent with this Act and with
other applicable law.
(b) Execution.--
(1) In general.--To the extent the 2007 Agreement does not
conflict with this Act, the Secretary shall execute the 2007
Agreement, in accordance with paragraph (2), including all
exhibits to, or parts of, the 2007 Agreement requiring the
signature of the Secretary.
(2) Timing.--The Secretary shall not execute the 2007
Agreement until--
(A) the Parties agree on amendments related to the
priority date for the Tribal Water Right; and
(B) either--
(i) the Tribe moves forward with the Phase
I Reservoir described in section 3.4.B.(1) of
the 2007 Agreement; or
(ii) if the Tribe selects a substitute site
pursuant to section 3.4.B.(2) of the 2007
Agreement, either--
(I) the Parties agree on Operation
Rules; or
(II) the Secretary determines, in
the discretion of the Secretary, that
the Parties have reached an impasse in
attempting to negotiate the Operation
Rules.
(3) Modifications.--Nothing in this Act prohibits the
Secretary, after execution of the 2007 Agreement, from
approving any modification to the 2007 Agreement, including any
exhibit to the 2007 Agreement, that is consistent with this
Act, to the extent that the modification does not otherwise
require congressional approval under section 2116 of the
Revised Statutes (25 U.S.C. 177) or any other applicable
provision of Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the 2007 Agreement and
this Act, the Secretary shall comply with all applicable
provisions of--
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), including the implementing
regulations of that Act; and
(C) other applicable Federal environmental laws and
regulations.
(2) Compliance.--
(A) In general.--In implementing the 2007 Agreement
and this Act, the Tribe shall prepare any necessary
environmental documents, consistent with all applicable
provisions of--
(i) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(ii) the National Environmental Policy Act
of 1969 (42 U.S.C. 4231 et seq.), including the
implementing regulations of that Act; and
(iii) all other applicable Federal
environmental laws and regulations.
(B) Authorizations.--The Secretary shall--
(i) independently evaluate the
documentation submitted under subparagraph (A);
and
(ii) be responsible for the accuracy,
scope, and contents of that documentation.
(3) Effect of execution.--The execution of the 2007
Agreement by the Secretary under this section shall not
constitute a major Federal action for purposes of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(4) Costs.--Any costs associated with the performance of
the compliance activities under this subsection shall be paid
from funds deposited in the Trust Fund, subject to the
condition that any costs associated with the performance of
Federal approval or other review of such compliance work or
costs associated with inherently Federal functions shall remain
the responsibility of the Secretary.
SEC. 5. TRIBAL WATER RIGHT.
(a) Confirmation of Tribal Water Right.--
(1) In general.--The Tribal Water Right is ratified,
confirmed, and declared valid.
(2) Quantification.--The Tribal Water Right includes the
right to divert and use or permit the diversion and use of up
to 5,828 acre-feet per year of surface water from the South
Fork Tule River, as described in the 2007 Agreement and as
confirmed in the decree entered by the Court pursuant to
subsections (b) and (c) of section 12.
(3) Use.--Any diversion, use, and place of use of the
Tribal Water Right shall be subject to the terms and conditions
of the 2007 Agreement and this Act.
(b) Trust Status of Tribal Water Right.--The Tribal Water Right--
(1) shall be held in trust by the United States for the use
and benefit of the Tribe in accordance with this Act; and
(2) shall not be subject to loss through non-use,
forfeiture, abandonment, or other operation of law.
(c) Authority of the Tule River Tribe.--
(1) In general.--The Tule River Tribe shall have the
authority to allocate and distribute the Tribal Water Right for
use on the Reservation in accordance with the 2007 Agreement,
this Act, and applicable Federal law.
(d) Administration.--
(1) No alienation.--The Tribe shall not permanently
alienate any portion of the Tribal Water Right.
(2) Purchases or grants of land from indians.--An
authorization provided by this Act for the allocation,
distribution, leasing, or other arrangement entered into
pursuant to this Act shall be considered to satisfy any
requirement for authorization of the action by treaty or
convention imposed by section 2116 of the Revised Statutes (25
U.S.C. 177).
(3) Prohibition on forfeiture.--The non-use of all or any
portion of the Tribal Water Right by any water user shall not
result in the forfeiture, abandonment, relinquishment, or other
loss of all or any portion of the Tribal Water Right.
SEC. 6. TULE RIVER TRIBE TRUST ACCOUNTS.
(a) Establishment.--The Secretary shall establish a trust fund, to
be known as the ``Tule River Indian Tribe Settlement Trust Fund'', to
be managed, invested, and distributed by the Secretary and to remain
available until expended, withdrawn, or reverted to the general fund of
the Treasury, consisting of the amounts deposited in the Trust Fund
under subsection (c), together with any interest earned on those
amounts, for the purpose of carrying out this Act.
(b) Accounts.--The Secretary shall establish in the Trust Fund the
following Accounts:
(1) The Tule River Tribe Water Development Projects
Account.
(2) The Tule River Tribe OM&R Account.
(c) Deposits.--The Secretary shall deposit--
(1) in the Tule River Tribe Water Development Projects
Account established under subsection (b)(1), the amounts made
available pursuant to section 7(a)(1); and
(2) in the Tule River Tribe OM&R Account established under
subsection (b)(2), the amounts made available pursuant to
section 7(a)(2).
(d) Management and Interest.--
(1) Management.--On receipt and deposit of funds into the
accounts in the Trust Fund pursuant to subsection (c), the
Secretary shall manage, invest, and distribute all amounts in
the Trust Fund in accordance with the investment authority of
the Secretary under--
(A) the first section of the Act of June 24, 1938
(52 Stat. 1037, chapter 648; 25 U.S.C. 162a);
(B) the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
(C) this section.
(2) Investment earnings.--In addition to the deposits under
subsection (c), any investment earnings, including interest,
credited to amounts held in the Trust Fund are authorized to be
used in accordance with subsections (e) and (h).
(e) Availability of Amounts.--
(1) In general.--Amoun