II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pyramid Lake Paiute 

5 Tribe Fish Springs Ranch Settlement Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) AGREEMENT.—The term ‘‘Agreement’’ 

9 means the agreement entitled ‘‘Fish Springs Ranch 

10 Water Rights Settlement Agreement’’ and dated 


rfrederick on PROD1PC67 with BILLS
2 

•S 3734 IS

1 May 20, 2007 (including any amendments and ex2 hibits to that agreement). 

3 (2) ENVIRONMENTAL IMPACT STATEMENT.— 

4 The term ‘‘environmental impact statement’’ means 

5 the final environmental impact statement for the 

6 North Valleys Rights-of-Way Projects prepared by 

7 the Bureau of Land Management (70 Fed. Reg. 

8 68473). 

9 (3) FINAL PAYMENT DATE.—The term ‘‘final 

10 payment date’’ means the date on which Fish 

11 Springs pays to the Tribe the final installment 

12 amount, as provided in the Agreement. 

13 (4) FISH SPRINGS.—The term ‘‘Fish Springs’’ 

14 means the Fish Springs Ranch, LLC, a Nevada lim15 ited liability company (or a successor in interest). 

16 (5) PROJECT.— 

17 (A) IN GENERAL.—The term ‘‘Project’’ 

18 means the project for pumping and transfer by 

19 Fish Springs of not more than 8,000 acre-feet 

20 of groundwater per year, as described in the en21 vironmental impact statement and the record of 

22 decision. 

23 (B) INCLUSION.—The term ‘‘Project’’ in24 cludes the pumping and transfer of not more 

25 than 5,000 acre-feet of groundwater per year 


rfrederick on PROD1PC67 with BILLS
3 

•S 3734 IS

1 (in addition to the acre-feet referred to in sub2 paragraph (A)) in accordance with the Agree3 ment, including the acquisition by Fish Springs 

4 of the rights and approval to pump that 

5 groundwater in accordance with Federal and 

6 State law. 

7 (C) EXCLUSIONS.—The term ‘‘Project’’ 

8 does not include— 

9 (i) the project proposed by Inter10 mountain Water Supply, Ltd., and de11 scribed in the environmental impact state12 ment; or 

13 (ii) any other project or activity not 

14 otherwise specified in this Act. 

15 (6) RECORD OF DECISION.—The term ‘‘record 

16 of decision’’ means the public record of the decision 

17 of the District Manager of the Bureau of Land 

18 Management for the State of Nevada issued on May 

19 31, 2006, regarding the environmental impact state20 ment and the Project. 

21 (7) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of the Interior. 

23 (8) TRIBE.—The term ‘‘Tribe’’ means the Pyr24 amid Lake Paiute Tribe of Indians organized under 

25 section 16 of the Act of June 18, 1934 (commonly 


rfrederick on PROD1PC67 with BILLS
4 

•S 3734 IS

1 known as the ‘‘Indian Reorganization Act’’) (25 

2 U.S.C. 476). 

3 SEC. 3. RATIFICATION OF AGREEMENT. 

4 (a) IN GENERAL.—Except as provided in subsection 

5 (c), and except to the extent that a provision of the Agree6 ment conflicts with this Act, notwithstanding any other 

7 provision of Federal or tribal law, the Agreement is rati8 fied. 

9 (b) EXECUTION OF AGREEMENT.—The Secretary 

10 shall execute the obligations of the Secretary under the 

11 Agreement (including any exhibit to the Agreement requir12 ing the signature of the Secretary) in accordance with this 

13 Act. 

14 (c) EXCEPTIONS.— 

15 (1) CHOICE OF LAW.—Notwithstanding any 

16 provision of the Agreement, the Agreement and this 

17 Act shall be governed by applicable Federal law and 

18 Nevada State law. 

19 (2) WAIVER AND RETENTION OF CLAIMS.—Not20 withstanding any provision of the Agreement, any 

21 waiver or retention of a claim by the Tribe or the 

22 United States on behalf of the Tribe relating to the 

23 Agreement shall be carried out in accordance with 

24 section 4. 

25 (d) ENVIRONMENTAL COMPLIANCE.— 


rfrederick on PROD1PC67 with BILLS
5 

•S 3734 IS

1 (1) NO MAJOR FEDERAL ACTION.—The execu2 tion of the Agreement by the Secretary pursuant to 

3 this Act shall not be considered to be a major Fed4 eral action under the National Environmental Policy 

5 Act of 1969 (42 U.S.C. 4321 et seq.). 

6 (2) COMPLIANCE ACTIVITIES.—The Secretary 

7 shall carry out all required Federal environmental 

8 compliance activities in executing the Agreement. 

9 (e) COMPLIANCE WITH APPLICABLE LAW.—This 

10 section and the Agreement shall be considered to be in 

11 accordance with all applicable requirements of section 

12 2116 of the Revised Statutes (25 U.S.C. 177). 

13 SEC. 4. WAIVER AND RELEASES OF CLAIMS. 

14 (a) RELEASE OF CLAIMS AGAINST FISH SPRINGS.— 

15 In executing the Agreement pursuant to this Act, the 

16 Tribe and the Secretary, acting on behalf of the Tribe, 

17 shall waive and release all claims against Fish Springs— 

18 (1) for damage, loss, or injury to water rights 

19 or claims of interference with or diversion or taking 

20 of water rights (including claims for injury to land 

21 resulting from such a damage, loss, injury, inter22 ference, diversion, or taking under the Agreement) 

23 relating to the use of water by Fish Springs under 

24 the Agreement for the Project; or 


rfrederick on PROD1PC67 with BILLS
6 

•S 3734 IS

1 (2) relating in any manner to the negotiation or 

2 adoption of the Agreement. 

3 (b) RELEASE OF CLAIMS AGAINST UNITED

4 STATES.—In carrying out the Agreement, the Tribe shall 

5 waive and release any claim of the Tribe against the 

6 United States (including all employees and agents of the 

7 United States) relating in any manner to— 

8 (1) damage, loss, or injury to water, water 

9 rights, land, or any other resource due to loss of 

10 water or water rights (including damage, loss, or in11 jury to hunting, fishing, gathering, or cultural rights 

12 due to loss of water or water rights, claims relating 

13 to interference with or diversion or taking of water 

14 or water rights, and claims relating to a failure to 

15 protect, acquire, replace, or develop water, water 

16 rights, or water infrastructure) due to use of water 

17 by Fish Springs under the Agreement for the 

18 Project; 

19 (2) the record of decision, the environmental 

20 impact statement, or the Agreement; or 

21 (3) the negotiation, execution, or adoption of 

22 the Agreement or this Act, including— 

23 (A) the use by the Tribe of funds paid to 

24 the Tribe under the Agreement; and 


rfrederick on PROD1PC67 with BILLS
7 

•S 3734 IS

1 (B) the acquisition and use by the Tribe of 

2 land under the Agreement. 

3 (c) EFFECTIVENESS OF WAIVERS AND RELEASES.— 

4 (1) CLAIMS AGAINST FISH SPRINGS.—The waiv5 ers and releases under subsection (a) shall take ef6 fect on the final payment date. 

7 (2) CLAIMS AGAINST UNITED STATES.—A waiv8 er or release under subsection (b) shall take effect 

9 on the date on which the Tribe executes the waiver 

10 or release. 

11 (d) RETENTION OF CLAIMS BY UNITED STATES AND

12 TRIBE.—The Tribe and the Secretary, acting on behalf 

13 of the Tribe, shall retain— 

14 (1) all claims for enforcement of the Agreement 

15 or this Act through such legal and equitable rem16 edies as are available in the appropriate United 

17 States court; 

18 (2) subject to the right of Fish Springs to carry 

19 out the Project, the right to assert and protect any 

20 right of the Tribe to surface or groundwater or any 

21 other trust resource; 

22 (3) all rights to claim or acquire a water right 

23 in accordance with applicable law, and to use and 

24 protect any water right acquired after the date of 


rfrederick on PROD1PC67 with BILLS
8 

•S 3734 IS

1 enactment of this Act, that is not in conflict with the 

2 Agreement and this Act; 

3 (4) all claims relating to activities affecting the 

4 quality of water, including any claim of the Tribes 

5 under— 

6 (A) the Comprehensive Environmental Re7 sponse, Compensation, and Liability Act of 

8 1980 (42 U.S.C. 9601 et seq.) (including claims 

9 for damages to natural resources); 

10 (B) the Safe Drinking Water Act (42 

11 U.S.C. 300f et seq.); 

12 (C) the Federal Water Pollution Control 

13 Act (33 U.S.C. 1251 et seq.); or 

14 (D) a regulation implementing an Act re15 ferred to in subparagraphs (A) through (C); 

16 and 

17 (5) all rights, remedies, privileges, immunities, 

18 and authorities not specifically waived and released 

19 pursuant to this Act. 

20 SEC. 5. SATISFACTION OF CLAIMS. 

21 The benefits provided to the Tribe under the Agree22 ment and this Act shall be considered to be full satisfac23 tion of all claims of the Tribe and the United States 

24 waived and released pursuant to section 4. 


rfrederick on PROD1PC67 with BILLS
9 

•S 3734 IS

1 SEC. 6. BENEFICIARIES TO AGREEMENT. 

2 (a) REQUIREMENT.—The parties to the Agreement 

3 shall be the only beneficiaries of the Agreement. 

4 (b) PROHIBITION.—Nothing in the Agreement or this 

5 Act provides to any individual or entity third-party bene6 ficiary status relating to the Agreement. 

7 SEC. 7. JURISDICTION. 

8 A civil action relating to the enforcement of the 

9 Agreement shall be filed in the United States District 

10 Court for the District of Nevada. 

11 SEC. 8. MISCELLANEOUS PROVISIONS. 

12 (a) TRUCKEE-CARSON-PYRAMID LAKE WATER

13 RIGHTS SETTLEMENT ACT.—Nothing in this Act affects 

14 any right or interest recognized or established in the 

15 Truckee-Carson-Pyramid Lake Water Rights Settlement 

16 Act (Public Law 101–618; 104 Stat. 3294). 

17 (b) NO ESTABLISHMENT OF STANDARD.—Nothing in 

18 this Act establishes a standard for the quantification of 

19 a Federal reserved water right or any other claim of an 

20 Indian tribe other than the Tribe in any other judicial or 

21 administrative proceeding. 

22 (c) OTHER CLAIMS.—Nothing in the Agreement or 

23 this Act quantifies or otherwise adversely affects any 

24 water right, claim or entitlement to water, or any other 

25 right of any Indian tribe, band, or community other than 

26 the Tribe. 


rfrederick on PROD1PC67 with BILLS
10 

•S 3734 IS

1 SEC. 9. NULLIFICATION DATE. 

2 If the Tribe fails to execute any waiver or release de3 scribed in section 4(b) by the date that is 90 days after 

4 the date of enactment of this Act, the Agreement shall 

5 be null and void. 

Æ 


rfrederick on PROD1PC67 with BILLS