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[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.
                                 <all>
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