United States Statutes at Large, Volume 128, 113th Congress, 2nd Session

[United States Statutes at Large, Volume 128, 113th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 113-169
113th Congress

An Act


 
To ratify a water settlement agreement affecting the Pyramid Lake Paiute
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 ``Pyramid Lake Paiute
Tribe - Fish Springs Ranch Settlement Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Ratification of agreement.
Sec. 4. Waiver and releases of claims.
Sec. 5. Satisfaction of claims.
Sec. 6. Beneficiaries to agreement.
Sec. 7. Jurisdiction.
Sec. 8. Environmental compliance.
Sec. 9. Miscellaneous provisions.

SEC. 2. DEFINITIONS.

In this Act:
(1) Original agreement.--The term ``Original Agreement''
means the ``Pyramid Lake Paiute Tribe Fish Springs Ranch
Settlement Agreement'' dated May 30, 2007, entered into by the
Tribe and Fish Springs (including all exhibits to that
agreement).
(2) Agreement.--The term ``Agreement'' means the Pyramid
Lake Paiute Tribe-Fish Springs Ranch 2013 Supplement to the 2007
Settlement Agreement dated November 20, 2013, entered into by
the Tribe and Fish Springs, and all exhibits to that Agreement.
(3) Environmental impact statement.--The term
``environmental impact statement'' means the final environmental
impact statement for the North Valleys Rights-of-Way Projects
prepared by the Bureau of Land Management (70 Fed. Reg. 68473).
(4) Final payment date.--The term ``final payment date''
means 30 days after the date on which the Tribe executes the
waivers, as authorized in section 4, on or before which Fish
Springs shall pay to the Tribe the $3,600,000 and accumulated
interest pursuant to subparagraph 4.2 of the Agreement.
(5) Fish springs.--The term ``Fish Springs'' means the Fish
Springs Ranch, LLC, a Nevada limited liability company (or a
successor in interest).

[[Page 1888]]

(6) Fish springs water rights.--The term ``Fish Springs
water rights'' means the 14,108 acre feet of water available to
Fish Springs pursuant to certificates of water rights issued to
Fish Springs or its predecessors in interest by the State
Engineer for the State of Nevada, copies of which are attached
as Exhibit ``G'' to the Original Agreement.
(7) Additional fish springs water rights.--The term
``additional Fish Springs water rights'' means the rights to
pump and transfer up to 5,000 acre feet per year of Fish Springs
water rights in excess of 8,000 acre feet per year, up to a
total of 13,000 acre feet per year, pursuant to Ruling No. 3787
signed by the State Engineer for the State of Nevada on March 1,
1991, and Supplemental Ruling on Remand No. 3787A signed by the
State Engineer for the State of Nevada on October 9, 1992.
(8) Honey lake valley basin.--The term ``Honey Lake Valley
Basin'' means the Honey Lake Valley Hydrographic Basin described
as Nevada Hydrographic Water Basin 97.
(9) Project.--The term ``Project'' means the project for
pumping within Honey Lake Valley Basin and transfer outside of
the basin by Fish Springs of not more than 13,000 acre feet per
year of Fish Springs water rights, including--
(A) not more than 8,000 acre feet as described in
the environmental impact statement (but not the
Intermountain Water Supply, Ltd., Project described in
the environmental impact statement) and the record of
decision;
(B) up to the 5,000 acre feet of additional Fish
Springs water rights; and
(C) the rights and approvals for Fish Springs to
pump and transfer up to said 13,000 acre feet of
groundwater per year.
(10) Record of decision.--The term ``record of decision''
means the public record of the decision of the District Manager
of the United States Bureau of Land Management's Carson City
District in the State of Nevada issued on May 31, 2006,
regarding the environmental impact statement and the Project.
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior (or a designee of the Secretary).
(12) Tribe.--The term ``Tribe'' means the Pyramid Lake
Paiute Tribe of Indians organized under section 16 of the Act of
June 18, 1934 (commonly known as the ``Indian Reorganization
Act''; 25 U.S.C. 476).
(13) Truckee river operating agreement.--The term ``Truckee
River Operating Agreement'' means--
(A) the September 6, 2008, Truckee River Operating
Agreement negotiated for the purpose of carrying out the
terms of the Truckee-Carson-Pyramid Lake Water Rights
Settlement Act (Public Law 101-618); and
(B) any final, signed version of the Truckee River
Operating Agreement that becomes effective under the
terms of the Truckee-Carson-Pyramid Lake Water Rights
Settlement Act.

[[Page 1889]]

SEC. 3. RATIFICATION OF AGREEMENT.

(a) In General.--Except to the extent that a provision of the
Agreement conflicts with this Act, the Agreement is authorized and
ratified.
(b) Waiver and Retention of Claims.--Notwithstanding any provision
of the Agreement, any waiver or retention of a claim by the Tribe
relating to the Agreement shall be carried out in accordance with
section 4.
(c) Compliance With Applicable Law.--This section, the Original
Agreement, and the Agreement satisfy all applicable requirements of
section 2116 of the Revised Statutes (25 U.S.C. 177).
SEC. 4. WAIVER AND RELEASES OF CLAIMS.

(a) Waiver and Release of Claims by Tribe Against Fish Springs.--In
return for benefits to the Tribe as set forth in the Original Agreement,
the Agreement, and this Act, the Tribe, on behalf of itself and the
members of the Tribe, is authorized to execute a waiver and release
against Fish Springs of the following:
(1) All rights under Federal, State, and other law to
challenge the validity, characteristics, or exercise of the
Project or use of Fish Springs water rights (including
additional Fish Springs water rights), including the right to
assert a senior priority against or to place a call for water on
the Project or Fish Springs water rights (including additional
Fish Springs water rights) regardless of the extent to which the
Tribe has a water right or in the future establishes a water
right that is senior to the Project or Fish Springs water rights
(including additional Fish Springs water rights).
(2) All claims for damages, losses, or injuries to the
Tribe's water rights or claims of interference with, diversion
of, or taking of the Tribe's water rights, including--
(A) claims for injury to lands or resources
resulting from such damages, losses, injuries, or
interference with, diversion of, or taking of tribal
water rights under the Agreement or Original Agreement;
and
(B) claims relating to the quality of water
underlying the Pyramid Lake Indian Reservation that are
related to use of Fish Springs water rights (including
additional Fish Springs water rights) by the Project or
the implementation or operation of the Project in
accordance with the Agreement or Original Agreement.
(3) All claims that would impair, prevent, or interfere with
one or more of the following:
(A) Implementation of the Project pursuant to the
terms of the Agreement or Original Agreement.
(B) Deliveries of water by the Project pursuant to
the terms of--
(i) the Agreement;
(ii) the Original Agreement; or
(iii) the February 28, 2006, Water Banking
Trust Agreement between Washoe County and Fish
Springs.
(C) Assignments of water rights credits pursuant to
the terms of the February 28, 2006, Water Banking Trust
Agreement between Washoe County and Fish Springs.

[[Page 1890]]

(4) All claims against Fish Springs relating in any manner
to the negotiation or adoption of the Agreement or the Original
Agreement.

(b) Reservation of Rights and Retention of Claims by Tribe Against
Fish Springs.--The Tribe, on its own behalf and on behalf of the members
of the Tribe, shall retain against Fish Springs the following:
(1) All claims for enforcement of the Agreement, the
Original Agreement or this Act through such remedies as are
available in the U.S. District Court for the District of Nevada.
(2) Subject to the right of Fish Springs to carry out the
Project, and subject to the waiver and release by the Tribe in
subsection (a)--
(A) the right to assert and protect any right of the
Tribe to surface or groundwater and any other trust
resource, including the right to assert a senior
priority against or to place a call for water on any
water right other than against the Project or Fish
Springs water rights;
(B) all rights to establish, claim or acquire a
water right in accordance with applicable law and to use
and protect any water right acquired after the date of
the enactment of this Act that is not in conflict with
the Agreement, the Original Agreement or this Act; and
(C) all other rights, remedies, privileges,
immunities, powers, and claims not specifically waived
and released pursuant to this Act and the Agreement.
(3) The right to enforce--
(A) the Tribe's rights against any party to the
Truckee River Operating Agreement;
(B) the Tribe's rights against any party to the
Truckee River Water Quality Settlement Agreement; and
(C) whatever rights exist to seek compliance with
any permit issued to any wastewater treatment or
reclamation facility treating wastewater generated by
users of Project water.
(4) The right to seek to have enforced the terms of any
permit or right-of-way across Federal lands issued to Fish
Springs for the Project and Project water.

(c) Waiver and Release of Claims by the Tribe Against the United
States.--In return for the benefits to the Tribe as set forth in the
Agreement, the Original Agreement, and this Act, the Tribe, on behalf of
itself and the members of the Tribe, is authorized to execute a waiver
and release of all claims against the United States, including the
agencies and employees of the United States, related to the Project and
Fish Springs water rights (including additional Fish Springs water
rights) that accrued at any time before and on the date that Fish
Springs makes the payment to the Tribe as provided in Paragraph 4 of the
Agreement for damages, losses or injuries that are related to--
(1) the Project, Fish Springs water rights (including
additional Fish Springs water rights), and the implementation,
operation, or approval of the Project, including claims related
to--
(A) loss of water, water rights, land, or natural
resources due to loss of water or water rights
(including

[[Page 1891]]

damages, losses, or injuries to hunting, fishing, and
gathering rights due to loss of water, water rights or
subordination of water rights) resulting from the
Project or Fish Springs water rights (including
additional Fish Springs water rights);
(B) interference with, diversion, or taking of water
resulting from the Project; or
(C) failure to protect, acquire, replace, or develop
water, water rights, or water infrastructure as a result
of the Project or Fish Springs water rights (including
additional Fish Springs water rights);
(2) the record of decision, the environmental impact
statement, the Agreement or the Original Agreement;
(3) claims the United States, acting as trustee for the
Tribe or otherwise, asserted, or could have asserted in any past
proceeding related to the Project;
(4) the negotiation, execution, or adoption of the
Agreement, the Original Agreement, or this Act;
(5) the Tribe's use and expenditure of funds paid to the
Tribe under the Agreement or the Original Agreement;
(6) the Tribe's acquisition and use of land under the
Original Agreement; and
(7) the extinguishment of claims, if any, and satisfaction
of the obligations of the United States on behalf of the Tribe
as set forth in subsection (e).

(d) Reservation of Rights and Retention of Claims by Tribe Against
the United States.--Notwithstanding the waivers and releases authorized
in this Act, the Tribe, on behalf of itself and the members of the
Tribe, shall retain against the United States the following:
(1) All claims for enforcement of this Act through such
legal and equitable remedies as are available in the U.S.
District Court for the District of Nevada.
(2) The right to seek to have enforced the terms of any
permit or right-of-way across Federal lands issued to Fish
Springs for the Project and Project water.
(3) Subject to the right of Fish Springs to carry out the
Project, all other rights, remedies, privileges, immunities,
powers, and claims not specifically waived and released pursuant
to this Act and the Agreement.

(e) Extinguishment of Waived and Released Claims.--Upon execution of
the waiver and releases by the Tribe pursuant to subsections (a) and (c)
and upon final payment by Fish Springs pursuant to the terms of the
Agreement, the United States acting on behalf of the Tribe shall have no
right or obligation to bring or assert any claims waived and released by
the Tribe as set forth in subsection (a). Upon the effective date of the
waivers and releases of claims authorized, the waived and released
claims as set forth in subsection (a) are extinguished.
(f) No United States Liability for Waived Claims.--The United States
shall bear no liability for claims waived and released by the Tribe
pursuant to this Act.
(g) United States Reservation of Rights.--Nothing in this Act shall
affect any rights, remedies, privileges, immunities, or powers of the
United States, including the right to enforce the terms of the right-of-
way across Federal lands for the Project granted by the Secretary to
Fish Springs pursuant to the Federal

[[Page 1892]]

Lands Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), with
the exception that the United States may not assert any claim on the
Tribe's behalf that is extinguished pursuant to subsection (e).
(h) Effective Date of Waivers and Releases of Claims.--The waivers
and releases authorized under subsections (a) and (c) shall take effect
on the day Fish Springs makes the payment to the Tribe as provided in
subparagraph 4.2 of the Agreement.
SEC. 5. SATISFACTION OF CLAIMS.

(a) In General.--The benefits provided to the Tribe under the
Agreement, the Original Agreement, and this Act shall be considered to
be full satisfaction of all claims of the Tribe waived and released
pursuant to section 4 and pursuant to the Original Agreement and any
claims the United States might make on behalf of the Tribe that are
extinguished pursuant to section 4.
(b) Effect of Failure To Execute Waivers and Releases.--If
the <> Tribe fails to execute the waivers and releases
as authorized by this Act within 60 days after the date of the enactment
of this Act, this Act and the Agreement shall be null and void.
SEC. 6. BENEFICIARIES TO AGREEMENT.

(a) Requirement.--The beneficiaries to the Agreement shall be
limited to--
(1) the parties to the Agreement;
(2) any municipal water purveyor that provides Project water
for wholesale or retail water service to the area serviced by
the Project;
(3) any water purveyor that obtains the right to use Project
water for purposes other than serving retail or wholesale
customers; and
(4) any assignee of Water Rights Credits for Project water
pursuant to the terms of the February 28, 2006, Water Banking
Trust Agreement between Washoe County and Fish Springs.

(b) Prohibition.--Except as provided in subsection (a), nothing in
the Agreement or this Act provides to any individual or entity third-
party beneficiary status relating to the Agreement.
SEC. 7. JURISDICTION.

Jurisdiction over any civil action relating to the enforcement of
the Agreement, the Original Agreement, or this Act shall be vested in
the United States District Court for the District of Nevada.
SEC. 8. ENVIRONMENTAL COMPLIANCE.

Nothing in this Act precludes the United States or the Tribe, when
delegated regulatory authority, from enforcing Federal environmental
laws, including--
(1) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) including
claims for damages for harm to natural resources;
(2) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(3) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
(4) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
and
(5) any regulation implementing one or more of the Acts
listed in paragraphs (1) through (4).

[[Page 1893]]

SEC. 9. MISCELLANEOUS PROVISIONS.

(a) No Establishment of Standard.--Nothing in this Act establishes a
standard for the quantification of a Federal reserved water right or any
other claim of an Indian tribe other than the Tribe in any other
judicial or administrative proceeding.
(b) Other Claims.--Nothing in the Agreement, the Original Agreement,
or this Act quantifies or otherwise adversely affects any water right,
claim, or entitlement to water, or any other right of any Indian tribe,
band, or community other than the Tribe.

Approved September 26, 2014.

LEGISLATIVE HISTORY--H.R. 3716 (S. 1818):
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HOUSE REPORTS: No. 113-532 (Comm. on Natural Resources).
SENATE REPORTS: No. 113-220 (Comm. on Indian Affairs) accompanying S.
1818.
CONGRESSIONAL RECORD, Vol. 160 (2014):
July 22, considered and passed House.
Sept. 18, considered and passed Senate.