[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3716 Enrolled Bill (ENR)]

        H.R.3716

                     One Hundred Thirteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
           the third day of January, two thousand and fourteen


                                 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).
        (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.
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.
        (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 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 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).
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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.