[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