Congressional Record, Volume 160 Issue 115 (Tuesday, July 22, 2014)

[Congressional Record Volume 160, Number 115 (Tuesday, July 22, 2014)]
[House]
[Pages H6613-H6615]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

PYRAMID LAKE PAIUTE TRIBE--FISH SPRINGS RANCH SETTLEMENT ACT

Mr. DAINES. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3716) to ratify a water settlement agreement affecting the
Pyramid Lake Paiute Tribe, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 3716

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,

[[Page H6614]]

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.

[[Page H6615]]

(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.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Montana (Mr. Daines) and the gentleman from New Jersey (Mr. Holt) each
will control 20 minutes.
The Chair recognizes the gentleman from Montana.

General Leave

Mr. DAINES. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and to
include extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Montana?
There was no objection.
Mr. DAINES. Mr. Speaker, I yield myself such time as I may consume.
H.R. 3716 is a bipartisan bill sponsored by Congressman Amodei of
Nevada. The legislation ratifies a water rights agreement between the
Pyramid Lake Paiute Tribe and the Fish Springs Ranch.
Although the bill does not authorize the expenditure of American
taxpayer dollars, it is necessary due to the Federal trust
responsibility for the tribe and because it decreases the Federal
Government's potential liabilities related to those trust duties.
H.R. 3716 allows a water pipeline project to go forward while
codifying an agreement that allows non-Federal payments to mitigate for
water supply damages associated with the pipeline. This is a win for
the American taxpayer, this is a win for the tribe, and this is a win
for water users.
I commend Congressman Amodei for his leadership and urge adoption of
the legislation.
I reserve the balance of my time.
Mr. HOLT. Mr. Speaker, I yield myself such time as I may consume.
H.R. 3716 would ratify a water settlement agreement between the
Pyramid Lake Paiute Tribe and a subsidiary of the Vidler Water Company.
The agreement allows the Vidler Water Company to continue operating a
water project that provides water to the northern Reno area and fairly
compensates the Pyramid Lake Paiute Tribe for any actual or potential
water losses.
As I understand the situation, the legislation is supported by all
affected parties, and it will settle potential claims by the Pyramid
Lake Paiute Tribe against the United States at no cost to American
taxpayers.
Consequently, I support this legislation. I am happy to see it come
to the floor. I believe my colleagues on the minority of the Committee
on Natural Resources concur.
I reserve the balance of my time.
Mr. DAINES. Mr. Speaker, I yield 3 minutes to the gentleman from
Nevada (Mr. Amodei), who I served on the Natural Resources Committee
with recently.
Mr. AMODEI. Mr. Speaker, I thank the chairman, my colleague from Big
Sky Country.
This legislation would authorize the Pyramid Lake Paiute Tribe to
grant waivers against both Fish Springs Ranch and the United States
Government. The provisions would take effect after the tribe signs the
waivers and Fish Springs pays the tribe. The amount in payment--for
those of you keeping track--is about $3.6 million.
The tribe would also dismiss pending litigation against BLM for
violations in NEPA and potential trust responsibilities related to the
groundwater project. At that point, any potential Federal liability
would be eliminated.
This is a settlement reached at arm's length between the two parties
as a result of a lawsuit filed in 2005. Settlement was reached in 2007.
The damage amount of $3.6 million would also have added to it interest
from 2007.
The approach is simple and straightforward, with no Federal dollars
involved.
I recommend passage of the bill.
Mr. HOLT. If the gentleman from Montana is ready to close, I yield
back the balance of my time.
Mr. DAINES. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Montana (Mr. Daines) that the House suspend the rules
and pass the bill, H.R. 3716.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.

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