[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1818 Reported in Senate (RS)]

                                                       Calendar No. 476
113th CONGRESS
  2d Session
                                S. 1818

   To ratify a water settlement agreement affecting the Pyramid Lake 
                 Paiute Tribe, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            December 12 (legislative day, December 11), 2013

 Mr. Reid (for himself and Mr. Heller) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

                             July 22, 2014

               Reported by Mr. Tester, without amendment

_______________________________________________________________________

                                 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; 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.
                                                       Calendar No. 476

113th CONGRESS

  2d Session

                                S. 1818

_______________________________________________________________________

                                 A BILL

   To ratify a water settlement agreement affecting the Pyramid Lake 
                 Paiute Tribe, and for other purposes.

_______________________________________________________________________

                             July 22, 2014

                       Reported without amendment