[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3734 Introduced in Senate (IS)]
110th CONGRESS
2d Session
S. 3734
To ratify a water settlement agreement affecting the Pyramid Lake
Paiute Tribe, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 11 (legislative day, December 10), 2008
Mr. Ensign (for himself and Mr. Reid) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
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.
This Act may be cited as the ``Pyramid Lake Paiute Tribe Fish
Springs Ranch Settlement Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the agreement
entitled ``Fish Springs Ranch Water Rights Settlement
Agreement'' and dated May 20, 2007 (including any amendments
and exhibits to that agreement).
(2) 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).
(3) Final payment date.--The term ``final payment date''
means the date on which Fish Springs pays to the Tribe the
final installment amount, as provided in the Agreement.
(4) Fish springs.--The term ``Fish Springs'' means the Fish
Springs Ranch, LLC, a Nevada limited liability company (or a
successor in interest).
(5) Project.--
(A) In general.--The term ``Project'' means the
project for pumping and transfer by Fish Springs of not
more than 8,000 acre-feet of groundwater per year, as
described in the environmental impact statement and the
record of decision.
(B) Inclusion.--The term ``Project'' includes the
pumping and transfer of not more than 5,000 acre-feet
of groundwater per year (in addition to the acre-feet
referred to in subparagraph (A)) in accordance with the
Agreement, including the acquisition by Fish Springs of
the rights and approval to pump that groundwater in
accordance with Federal and State law.
(C) Exclusions.--The term ``Project'' does not
include--
(i) the project proposed by Intermountain
Water Supply, Ltd., and described in the
environmental impact statement; or
(ii) any other project or activity not
otherwise specified in this Act.
(6) Record of decision.--The term ``record of decision''
means the public record of the decision of the District Manager
of the Bureau of Land Management for the State of Nevada issued
on May 31, 2006, regarding the environmental impact statement
and the Project.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) 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).
SEC. 3. RATIFICATION OF AGREEMENT.
(a) In General.--Except as provided in subsection (c), and except
to the extent that a provision of the Agreement conflicts with this
Act, notwithstanding any other provision of Federal or tribal law, the
Agreement is ratified.
(b) Execution of Agreement.--The Secretary shall execute the
obligations of the Secretary under the Agreement (including any exhibit
to the Agreement requiring the signature of the Secretary) in
accordance with this Act.
(c) Exceptions.--
(1) Choice of law.--Notwithstanding any provision of the
Agreement, the Agreement and this Act shall be governed by
applicable Federal law and Nevada State law.
(2) Waiver and retention of claims.--Notwithstanding any
provision of the Agreement, any waiver or retention of a claim
by the Tribe or the United States on behalf of the Tribe
relating to the Agreement shall be carried out in accordance
with section 4.
(d) Environmental Compliance.--
(1) No major federal action.--The execution of the
Agreement by the Secretary pursuant to this Act shall not be
considered to be a major Federal action under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) Compliance activities.--The Secretary shall carry out
all required Federal environmental compliance activities in
executing the Agreement.
(e) Compliance With Applicable Law.--This section and the Agreement
shall be considered to be in accordance with all applicable
requirements of section 2116 of the Revised Statutes (25 U.S.C. 177).
SEC. 4. WAIVER AND RELEASES OF CLAIMS.
(a) Release of Claims Against Fish Springs.--In executing the
Agreement pursuant to this Act, the Tribe and the Secretary, acting on
behalf of the Tribe, shall waive and release all claims against Fish
Springs--
(1) for damage, loss, or injury to water rights or claims
of interference with or diversion or taking of water rights
(including claims for injury to land resulting from such a
damage, loss, injury, interference, diversion, or taking under
the Agreement) relating to the use of water by Fish Springs
under the Agreement for the Project; or
(2) relating in any manner to the negotiation or adoption
of the Agreement.
(b) Release of Claims Against United States.--In carrying out the
Agreement, the Tribe shall waive and release any claim of the Tribe
against the United States (including all employees and agents of the
United States) relating in any manner to--
(1) damage, loss, or injury to water, water rights, land,
or any other resource due to loss of water or water rights
(including damage, loss, or injury to hunting, fishing,
gathering, or cultural rights due to loss of water or water
rights, claims relating to interference with or diversion or
taking of water or water rights, and claims relating to a
failure to protect, acquire, replace, or develop water, water
rights, or water infrastructure) due to use of water by Fish
Springs under the Agreement for the Project;
(2) the record of decision, the environmental impact
statement, or the Agreement; or
(3) the negotiation, execution, or adoption of the
Agreement or this Act, including--
(A) the use by the Tribe of funds paid to the Tribe
under the Agreement; and
(B) the acquisition and use by the Tribe of land
under the Agreement.
(c) Effectiveness of Waivers and Releases.--
(1) Claims against fish springs.--The waivers and releases
under subsection (a) shall take effect on the final payment
date.
(2) Claims against united states.--A waiver or release
under subsection (b) shall take effect on the date on which the
Tribe executes the waiver or release.
(d) Retention of Claims by United States and Tribe.--The Tribe and
the Secretary, acting on behalf of the Tribe, shall retain--
(1) all claims for enforcement of the Agreement or this Act
through such legal and equitable remedies as are available in
the appropriate United States court;
(2) subject to the right of Fish Springs to carry out the
Project, the right to assert and protect any right of the Tribe
to surface or groundwater or any other trust resource;
(3) all rights to claim or acquire a water right in
accordance with applicable law, and to use and protect any
water right acquired after the date of enactment of this Act,
that is not in conflict with the Agreement and this Act;
(4) all claims relating to activities affecting the quality
of water, including any claim of the Tribes under--
(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.) (including claims for damages to natural
resources);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
(C) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.); or
(D) a regulation implementing an Act referred to in
subparagraphs (A) through (C); and
(5) all rights, remedies, privileges, immunities, and
authorities not specifically waived and released pursuant to
this Act.
SEC. 5. SATISFACTION OF CLAIMS.
The benefits provided to the Tribe under the Agreement and this Act
shall be considered to be full satisfaction of all claims of the Tribe
and the United States waived and released pursuant to section 4.
SEC. 6. BENEFICIARIES TO AGREEMENT.
(a) Requirement.--The parties to the Agreement shall be the only
beneficiaries of the Agreement.
(b) Prohibition.--Nothing in the Agreement or this Act provides to
any individual or entity third-party beneficiary status relating to the
Agreement.
SEC. 7. JURISDICTION.
A civil action relating to the enforcement of the Agreement shall
be filed in the United States District Court for the District of
Nevada.
SEC. 8. MISCELLANEOUS PROVISIONS.
(a) Truckee-Carson-Pyramid Lake Water Rights Settlement Act.--
Nothing in this Act affects any right or interest recognized or
established in the Truckee-Carson-Pyramid Lake Water Rights Settlement
Act (Public Law 101-618; 104 Stat. 3294).
(b) 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.
(c) Other Claims.--Nothing in the 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.
SEC. 9. NULLIFICATION DATE.
If the Tribe fails to execute any waiver or release described in
section 4(b) by the date that is 90 days after the date of enactment of
this Act, the Agreement shall be null and void.
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