What does DEFINITIONS. of Agua Caliente Band of Cahuilla Indians Water Rights Settlement Act do?

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What does RATIFICATION OF AGREEMENT. of Agua Caliente Band of Cahuilla Indians Water Rights Settlement Act do?

This section ratifies and confirms the Agreement, except where modified by the Act and to the extent it does not conflict with the Act. Amendments to the Agreement requiring the Secretary's signature are also authorized, ratified, and confirmed if they make the Agreement consistent with this Act. The Secretary is authorized to execute the Agreement, including exhibits, provided it doesn't conflict with this Act and may approve subsequent modifications consistent with the Act, unless congressional approval is required. Implementation of the Agreement requires compliance with the Endangered Species Act, the National Environmental Policy Act, and other applicable federal environmental laws and regulations by both the Secretary and the Tribe. The Secretary is responsible for independently evaluating the Tribe’s environmental documentation and ensuring its accuracy, scope, and contents. The execution of the Agreement does not constitute a major Federal action under the National Environmental Policy Act. Costs associated with environmental compliance activities will be paid from the Agua Caliente Settlement Trust Fund, with certain Federal review and inherently Federal costs remaining the Secretary's responsibility.

What does TRIBAL WATER RIGHT. of Agua Caliente Band of Cahuilla Indians Water Rights Settlement Act do?

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What does SETTLEMENT TRUST FUND. of Agua Caliente Band of Cahuilla Indians Water Rights Settlement Act do?

This section establishes the "Agua Caliente Settlement Trust Fund" to be managed by the Secretary. The trust fund will consist of amounts deposited under section 7(a), investment earnings, and remain available until expended. The fund is divided into four accounts: Agua Caliente Development Projects, Groundwater Augmentation, Water Management, and Operation, Maintenance, and Replacement Costs. The Secretary will manage and invest the fund consistent with existing authorities, including the Act of June 24, 1938, and the American Indian Trust Fund Management Reform Act of 1994. Amounts appropriated to the fund, including investment earnings, will be available to the Tribe beginning on the Enforceability Date. Initially, $50,000,000 from the Development Projects Account will be available to the Tribe upon deposit. The Tribe can withdraw funds with Secretary approval, either through a Tribal management plan or an expenditure plan. Expenditure plans must describe the use of funds and be deemed reasonable and consistent with the Act. The Tribe is responsible for operation, maintenance, and replacement costs of projects, unless otherwise agreed with a Water District. The Tribe retains title to projects constructed with fund, unless otherwise agreed, except for projects funded through the Groundwater Augmentation Account.

What does ENFORCEABILITY DATE. of Agua Caliente Band of Cahuilla Indians Water Rights Settlement Act do?

This section establishes the enforceability date of the Act, contingent on several conditions being met. The Secretary must publish a statement of findings in the Federal Register confirming that the Agreement has been amended to align with the Act, executed by all parties including the United States, and approved by the Decree Court. Funds for accounts under section 7(a) must be fully appropriated or provided by the Secretary. Waivers and releases under section 9 must be executed by the Tribe and the Secretary. The Act will expire if the Secretary fails to publish the statement of findings by December 31, 2035, or a later date agreed upon by the Tribe, the Secretary, CVWD, and DWA. If the Act expires, certain consequences will occur, including the ineffectiveness of waivers and releases, the Agreement, and actions taken under the Act. Unexpended Federal funds and related property acquired with those funds will be returned to the Federal Government unless otherwise agreed upon. The United States may offset Federal funds expended under the Act against claims related to water rights asserted by the Tribe or users of the Tribe's rights.

What does WAIVER AND RELEASE OF CLAIMS. of Agua Caliente Band of Cahuilla Indians Water Rights Settlement Act do?

This section establishes waivers and releases of claims by the Tribe, the United States acting as trustee for the Tribe, and the United States acting as trustee for Allottees. The waivers and releases cover claims related to water rights, pore space, damages, groundwater overdraft, and actions by CVWD and DWA, among other things, asserted on or before the Enforceability Date. The waivers and releases are in consideration for the recognition of the Tribal Water Right and other benefits described in the Agreement and this Act. Certain rights and claims are specifically reserved, including those related to enforcement of the Agreement and this Act, water quality under various environmental laws, and damages resulting from negligent or willful misconduct. The waivers and releases take effect on the Enforceability Date. The Act clarifies that it does not reduce sovereignty, affect the United States' ability to carry out authorized activities, or confer jurisdiction on State courts regarding certain matters.

What does SATISFACTION OF CLAIMS. of Agua Caliente Band of Cahuilla Indians Water Rights Settlement Act do?

This section establishes that benefits provided to the Tribe under this Act will fully satisfy waived and released Claims against the United States as outlined in section 9(c). Similarly, benefits realized by Allottees under this Act will fully replace, substitute for, and satisfy waived Claims pursuant to section 9(b). Allottee Claims against the United States that are similar in nature to those described in section 9(b) are also satisfied by benefits under this Act.

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Agua Caliente Band of Cahuilla Indians Water Rights Settlement Act

Q: What does Preamble of Agua Caliente Band of Cahuilla Indians Water Rights Settlement Act do?

This bill concerns the settlement of water rights claims for the Agua Caliente Band of Cahuilla Indians. The bill aims to approve this settlement and includes provisions for other purposes, though these are not specified in this section.

Q: What does PURPOSES. of Agua Caliente Band of Cahuilla Indians Water Rights Settlement Act do?

This Act aims to settle claims related to water rights in California for the Tribe and the United States, acting as trustee for the Tribe and Allottees. It seeks to resolve claims concerning the Tribe's water-related fees, the RAC, and the Tribal Possessory Interest Tax. The Act authorizes, ratifies, and confirms an agreement among the Tribe, CVWD, and DWA, provided it aligns with the Act. It directs the Secretary to execute the agreement and take actions to implement it. The Act authorizes funding for implementing the agreement and the Act itself. It allows for the transfer of Federal land to the Tribe and the sale of Federal land to CVWD.

Q: What does FUNDING. of Agua Caliente Band of Cahuilla Indians Water Rights Settlement Act do?

This section establishes funding for various Agua Caliente development projects. A total of $300,000,000 is allocated to the Agua Caliente development projects account. Additional funding is provided for groundwater augmentation ($100,000,000), water management ($50,000,000), and operation, maintenance, and replacement costs ($50,000,000). These funds are to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. The appropriated amounts may be adjusted due to fluctuations in costs, as indicated by the Bureau of Reclamation Construction Cost Index-Composite Trend. The Secretary can adjust the amounts to address unforeseen market volatility and construction cost changes. The indexing and adjustment period begins on May 19, 2025, and ends when funds are deposited in the Agua Caliente Settlement Trust Fund.

Last updated: 4/22/2026 · Introduced: 4/22/2026

Author: Alex Padilla (D-CA)

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119th Congressin committeeOfficial page

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