San Luis Rey Indian Water Rights Settlement Act Amendment
Floor Speech
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Mr. DENHAM. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1296) to amend the San Luis Rey Indian Water Rights Settlement Act to clarify certain settlement terms, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows: H.R. 1296
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SAN LUIS REY SETTLEMENT AGREEMENT IMPLEMENTATION.
The San Luis Rey Indian Water Rights Settlement Act (Public Law 100-675) is amended by inserting after section 111 the following: ``SEC. 112. IMPLEMENTATION OF SETTLEMENT.
``(a) Findings.--Congress finds and recognizes as follows:
``(1) The City of Escondido, California, the Vista Irrigation District, the San Luis Rey River Indian Water Authority, and the Bands have approved an agreement, dated December 5, 2014, resolving their disputes over the use of certain land and water rights in or near the San Luis Rey River watershed, the terms of which are consistent with this Act.
``(2) The Bands, the San Luis Rey River Indian Water Authority, the City of Escondido, California, the Vista Irrigation District, and the United States have approved a Settlement Agreement dated January 30, 2015 (hereafter in this section referred to as the `Settlement Agreement') that conforms to the requirements of this Act.
``(b) Approval and Ratification.--All provisions of the Settlement Agreement, including the waivers and releases of the liability of the United States, the provisions regarding allottees, and the provision entitled `Effect of Settlement Agreement and Act,' are hereby approved and ratified.
``(c) Authorizations.--The Secretary and the Attorney General are authorized to execute, on behalf of the United States, the Settlement Agreement and any amendments approved by the parties as necessary to make the Settlement Agreement consistent with this Act. Such execution shall not constitute a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Secretary is further authorized and directed to take all steps that the Secretary may deem necessary or appropriate to implement the Settlement Agreement and this Act.
``(d) Continued Federally Reserved And Other Water Rights.--
``(1) In general.--Notwithstanding any other provision of law, including any provisions in this Act, the Bands had, have, and continue to possess federally reserved rights and other water rights held in trust by the United States.
``(2) Future proceedings.--In any proceeding involving the assertion, enforcement, or defense of the rights described in this subsection, the United States, in its capacity as trustee for any Band, shall not be a required party and any decision by the United States regarding participation in any such proceeding shall not be subject to judicial review or give rise to any claim for relief against the United States.
``(e) Allottees.--Congress finds and confirms that the benefits to allottees in the Settlement Agreement, including the remedies and provisions requiring that any rights of allottees shall be satisfied from supplemental water and other water available to the Bands or the Indian Water Authority, are equitable and fully satisfy the water rights of the allottees.
``(f) No Precedent.--Nothing in this Act shall be construed or interpreted as a precedent for the litigation or settlement of Indian reserved water rights.''. SEC. 2. DISBURSEMENT OF FUNDS.
The second sentence of section 105(b)(1) of the San Luis Rey Indian Water Rights Settlement Act (Public Law 100-675) is amended by striking the period at the end, and inserting the following: ``, provided that--
``(i) no more than $3,700,000 per year (in principal, interest or both) may be so allocated; and
``(ii) none of the funds made available by this section shall be available unless the Director of the Office of Management and Budget first certifies in writing to the Committee on Natural Resources of the House of Representatives and the Committee on Indian Affairs of the Senate that the federal budget will record budgetary outlays from the San Luis Rey Tribal Development Fund of only the monies, not to exceed $3,700,000 annually, that the Secretary of the Treasury, pursuant to this section, allocates and makes available to the Indian Water Authority from the trust fund.''.
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Mr. DENHAM.
The bill before us today helps bring closure to almost 50 years of litigation and uncertainty that have impacted tribal and nontribal communities in southern California.
Negotiations between five tribes, water districts, cities, and Federal Government have been ongoing for decades, and this bill represents the results of those successful negotiations. The Federal money has already been appropriated for this settlement, and this bill, as amended, includes provisions that are aimed at resolving direct spending issues that have been identified by the Congressional Budget Office.
It is not often that both sides of the aisle come to an agreement on anything involving California water. While I hope that we will have agreement on larger California water issues in the near future, this bill shows that we can come together. I urge my colleagues to support this bipartisan measure.
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Mr. DENHAM. Mr. Speaker, in closing, this is one small step to California's water solutions. It is about time that we came together on this one small issue in California. Now it is time to face the much bigger issues of a drought-stricken State that continues to see a lack of water storage. It is time that we find a real solution for all of California.
I yield back the balance of my time.
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