    [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):
    ---------------------------------------------------------------------------

    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.