Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990
PL 101-618 (S.3084), enacted 11/16/1990

PUBLIC LAW 101-618—NOV. 16, 1990 
104 STAT. 3289 
Public Law 101-618 
101st Congress 
An Act 
To provide for the settlement of water rights claims of the Fallon Paiute Shoshone 
Indian Tribes and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
TITLE I—FALLON PAIUTE SHOSHONE TRIBAL SETTLEMENT 
ACT 
SEC. 101. SHORT TITLE. 
This Act may be cited as the "Fallon Paiute Shoshone Indian 
Tribes Water Rights Settlement Act of 1990". 
SEC. 102. SETTLEMENT FUND. 
(A) There is hereby established within the Treasury of the United 
States, the "Fallon Paiute Shoshone Tribal Settlement Fund", 
hereinafter referred to in the Act as the "Fund". 
(B) There is authorized to be appropriated to the Fallon Paiute 
Shoshone Tribal Settlement Fund $3,000,000 in fiscal year 1992, and 
$8,000,000 in each year for fiscal years 1993, 1994, 1995, 1996, and 
1997 for a total sum of $43,000,000. 
(C)(1) The income of the Fund may be obligated and expended only 
for the following purposes: 
(a) Tribal economic development, including development of 
long-term profit-making opportunities for the Fallon Paiute 
Shoshone Tribes (hereinafter referred to in the Act as "Tribes") 
and its tribal members, and the development of employment 
opportunities for tribal members; 
(b) Tribal governmental services and facilities; 
(c) Per capita distributions to tribal members; 
(d) Rehabilitation and betterment of the irrigation system on 
the Fallon Paiute Shoshone Indian Reservation (hereinafter 
referred to in the Act as "Reservation") not including lands 
added to the Reservation pursuant to the provisions of Public 
Law 95-337, 92 Stat. 455; 
(e) Acquisition of lands, water rights or related property 
interests located outside the Reservation from willing sellers, 
and improvement of such lands; 
(f) Acquisition of individually-owned land, water rights or 
related property interests on the Reservation from willing sell-
ers, including those held in trust by the United States. 
(2) Except as provided in subsection (C)(3) of this section, the 
principal of the Fund shall not be obligated or expended. 
(3) In obligating and expending funds for the purposes set forth in 
subsections (C)(1)(d), (C)(1)(e) and (C)(1)(f) of this section, the Tribes 
may obligate and expend no more than 20 percent of the principal of 
the Fund, provided that any amounts so obligated and expended 
from principal must be restored to the principal from repayments of 
Nov. 16, 1990 
[S. 3084] 
Fallon Paiute 
Shoshone Indian 
Tribes Water 
Rights 
Settlement Act 
of 1990. 
Nevada. 
Inter-
governmental 
relations. 
Appropriation 
authorization. 
104 STAT. 3290 
PUBLIC LAW 101-618—NOV. 16, 1990 
such amounts expended for the purposes identified in this subsec-
tion, or from income earned on the remaining principal. 
(4) In obligating and expending funds for the purpose set forth in 
subsection (C)(1)(c), no more than twenty percent of the annual 
income from the Fund may be obligated or expended for the purpose 
of providing per capita payments to tribal members. 
Investments. 
(D) The Tribes shall invest, manage, and use the monies appro-
priated to the Fund for the purposes set forth in this section in 
accordance with the plan developed in consultation with the Sec-
retary under subsection (F) of this section. 
Investments. 
(E) Upon the request of the Tribes, the Secretary shall invest the 
sums deposited in, accruing to, and remaining in the Fund, in 
interest-bearing deposits and securities in accordance with the Act 
of June 24, 1938, 52 Stat. 1037, 25 U.S.C. 162a, as amended. All 
income earned on such investments shall be added to the Fund. 
(F)(1) The Tribes shall develop a plan, in consultation with the 
Secretary, for the investment, management, administration and 
expenditure of the monies in the Fund, and shall submit the plan to 
the Secretary. The plan shall set forth the manner in which such 
monies will be managed, administered and expended for the pur-
poses outlined in subsection (C)(1) of this section. Such plan may be 
revised and updated by the Tribes in consultation with the 
Secretary, 
(2) The plan shall include a description of a project for the 
rehabilitation and betterment of the existing irrigation system on 
the Reservation. The rehabilitation and betterment project shall 
include measures to increase the efficiency of irrigation deliveries. 
The Secretary may assist in the development of the rehabilitation 
and betterment project, and the Tribes shall use their best efforts to 
implement the project within four years of the time when appropria-
tions authorized in subsection (B) of this section become available. 
(3) Upon the request of the Tribes, the Secretary of the Treasury 
and the Secretary of the Interior shall make available to the Tribes, 
monies from the Fund to serve any of the purposes set forth in 
subsection (CXD of this section, except that no disbursement shall be 
made to the Tribes unless and until they adopt the plan required 
under this section. 
(G) The provisions of section 7 of Public Law 93-134, 87 Stat. 468, 
as amended by section 4 of Public Law 97-458, 96 Stat. 2513, 25 
U.S.C. 1407, shall apply to any funds which may be distributed per 
capita under subsection (C)(1)(c) of this section. 
SEC. 103. ACQUISITION AND USE OF LANDS AND WATER RIGHTS. 
(A) Title to all lands, water rights and related property interests 
acquired under section 102(CXl)(e) within the counties of Churchill 
and Lyon in the State of Nevada, shall be held in trust by the 
United States for the Tribes as part of the Reservation, provided 
that no more than 2,415.3 acres of such acquired lands and no more 
than 8,453.55 acre feet per year of such water rights shall be held in 
trust by the United States and become part of the Reservation under 
this subsection. 
(B) Any lands acquired under section 102(CXlXe) or (f) shall be 
subject to the provisions of section 20 of the Act of October 17, 1988, 
102 Stat. 2485. 
(C)(1) Total annual use of water rights appurtenant to the Res-
ervation which are served by the Newlands Reclamation Project, 
including Newlands Reclamation Project water rights added to the 
PUBLIC LAW 101-618—NOV. 16, 1990 
104 STAT. 3291 
Reservation under subsection (A) of this section, whether used on 
the Reservation or transferred and used off the Reservation pursu-
ant to applicable law, shall not exceed the sum of: 
(a) 10,587.5 acre feet of water per year, which is the quantum 
of water rights served by the Newlands Reclamation Project 
appurtenant to the Fallon Paiute Shoshone Indian Reservation 
lands that are currently served by irrigation facilities; and 
(b) the quantum of active Newlands Reclamation Project 
water rights currently located outside of the Reservation that 
may be added to the Reservation or water rights which are 
acquired by the Secretary and exercised to benefit Reservation 
wetlands. 
(2) The requirements of section 103(C)(1) shall not take effect until 
the Tribes agree to the limitations on annual use of water rights set 
forth in subsection (1) of this section. 
(D) The Secretary is authorized and directed to reimburse non-
Federal entities for reasonable and customary costs for delivery of 
Newlands Reclamation Project water to serve water rights added to 
the Reservation under subsection (A) of this section, and to enter 
into renewable contracts for the payment of such costs, for a term 
not exceeding forty years. 
(E) Subject to the limitation on the quantum of use set forth in 
subsection (C) of this section, and applicable state law, all water 
rights appurtenant to the Reservation that are served by the 
Newlands Reclamation Project, including Newlands Reclamation 
Project water rights added to the Reservation under subsection (A) 
of this section, may be used for irrigation, fish and wildlife, munici-
pal and industrial, recreation, or water quality purposes, or for any 
other beneficial use subject to applicable laws of the State of 
Nevada. Nothing in this subsection is intended to affect the jurisdic-
tion of the Tribes or the State of Nevada, if any, over the use and 
transfer of water rights within the Reservation or off the Reserva-
tion, or to create any express or implied Federal reserved water 
right. 
(F)(1) The Tribes are authorized to acquire by purchase, by ex-
change of lands or water rights, or interests therein, including those 
held in trust for the Tribes, or by gift, any lands or water rights, or 
interests therein, including those held in trust, located within the 
Reservation, for any of the following purposes: 
(a) Consolidating Reservation landholdings or water rights, 
including those held in trust; 
(b) Eliminating fractionated heirship interests in Reservation 
lands or water rights, including those held in trust; 
(c) Providing land or water rights for any tribal program; 
(d) Improving the economy of the Tribes and the economic 
status of tribal members through the development of industry, 
recreational facilities, housing projects, or other means; and 
(e) General rehabilitation and enhancement of the total re-
source potential of the Reservation: Provided, That any water 
rights shall be transferred in compliance with applicable state 
law. 
(2) Title to any lands or water rights, or interests therein, acquired 
by the Tribes within the counties of Churchill and Lyon in the 
State of Nevada under the authority of this subsection shall be held 
by the United States in trust for the Tribes. 
104 STAT. 3292 
PUBLIC LAW 101-618—NOV. 16, 1990 
SEC. 104. RELEASE OF CLAIMS. 
(A)(1) The Secretary of the Treasury and the Secretary of the 
Interior shall not disburse any monies from the Fund until such 
time as the following conditions have been met— 
(a) the Tribes have released any and all claims they may have 
against the United States resulting from any failure of the 
United States to comply with section 7 of Public Law 95-337, 92 
Stat. 457; 
(b) the Tribes have dismissed with prejudice their claims in 
Northern Paiute Nation v. United States, Docket No. 87-A, 
United States Claims Court; 
(c) the Tribes have agreed to accept and abide by the limita-
tion on use of water rights served by the Newlands Reclamation 
Project on the Reservation, as set forth in section 103(C); 
(d) the Tribes have dismissed, without prejudice, their claims 
in Pyramid Lake Paiute Tribe of Indians v. Lujan, No. R-85-
197 (D. Nev.) and their objections to the Operating Criteria and 
Procedures for the Newlands Reclamation Project adopted by 
the Secretary on April 15, 1988, provided that such dismissal 
shall not prejudice in any respect the Tribes' right to object in 
any administrative or judicial proceeding to such Operating 
Criteria and Procedures, or any revisions thereto, or to assert 
that any Operating Criteria and Procedures should be changed 
due to new information, changes in environmental cir-
cumstance, changes in project descriptions or other relevant 
considerations, in accordance with the requirements of all ap-
plicable court decrees and applicable statutory requirements; 
(e) the Tribes agree to be bound by a plan developed and 
implemented by the Secretary in accordsmce with section 106 of 
this title; and 
(fKD the Tribes agree to indemnify the United States against 
monetary claims by any landowners who may hold water rights 
on the Reservation as of the date of enactment of the Act and 
who may assert that the provisions of section 103(C) of this title 
effect an unlawful taking of their rights: Provided, That— 
(i) the United States shall defend and resist any such 
claims at its own expense; 
(ii) the Tribes shall be entitled to intervene in any 
administrative or judicial proceeding on such claims; and 
(iii) the United States shall not compromise or settle any 
such claims without the consent of the Tribes. 
(2) The provisions of this section shall not be construed as: 
(i) implying that section 103(C) unlawfully takes any 
water rights; 
(ii) conferring jurisdiction on any court or other tribunal 
to adjudicate any such taking claims; 
(iii) waiving any immunities of the United States or the 
Tribes; or 
(iv) otherwise establishing or enhancing any claims to 
water rights or for the unlawful taking of such rights. 
(2) If the appropriations authorized in section 102(B) are not 
appropriated by the Congress, it shall be deemed that the 
conditions set forth in this Act have not been satisfied, and the 
Tribes may rescind their release of claims under this section 
and its agreement under subsection (c) of this section. 
PUBLIC LAW 101-618—NOV. 16, 1990 
104 STAT. 3293 
(3) Upon the appropriation of monies authorized in section 
102(B) of this Act, and the allocation of such monies to the 
Fund, section 7 of Public Law 95-337, 92 Stat. 457, shall be 
repealed. 
SEC. 105. LIABILITY OF THE UNITED STATES. 
(A) Except with regard to the responsibilities assumed by the 
United States under section 102(E), and those set forth in section 
1301 of the Act of February 12, 1929, 45 Stat. 1164, as amended, 25 
U.S.C. 161a, the United States shall not bear any obligation or 
liability regarding the investment, management, or use of funds by 
the Tribes. 
(B) Except with regard to the responsibilities assumed by the 
United States under section 102(B), section 102(F)(3), section 103(A), 
section 103(D), section 103(F)(2), section 104(A)(1), and section 106, 
the United States shall not bear any obligation or liability for the 
implementation of the provisions of this Act. 
SEC. 106. PLAN FOR THE CLOSURE OF TJ DRAIN. 
(A) The Secretary, in consultation with the Tribes and in accord-
ance with applicable law, shall develop and implement a plan for 
the closure, including if appropriate, modification of components, of 
the TJ drain system, including the main TJ drain, the TJ-1 drain 
and the A drain and its sublaterals, in order to address any signifi-
cant environmental problems with that system and its closure. 
(B) The plan shall include measures to provide necessary sub-
stitute drainage in accordance with Bureau of Reclamation stand-
ards for reservation lands in agricultural production £is of the 1990 
irrigation season that are served by that system, unless the Tribes 
and the Secretary agree otherwise. 
(C) Implementation of the plan shall not interfere with ongoing 
agricultural operations. 
(D) The United States shall bear all costs for developing and 
implementing the plan. 
(E) There is authorized to be appropriated such sums as may be Appropriation 
necessary to carry out the provisions of this section. 
authorization. 
SEC. 107. DEFINITIONS. 
For purposes of this title, and for no other purposes— 
(A) the term "Fallon Paiute Shoshone Tribal Settlement 
Fund" or "Fund" means the Fund established under section 
102(A) of this Act to enable the Fallon Paiute Shoshone Tribes 
to carry out the purposes set forth in section 102(C)(1) of this 
title; 
(B) the term "income" means all interest, dividends, gains 
and other earnings resulting from the investment of the prin-
cipal of the Fallon Paiute Shoshone Tribal Settlement Fund, 
and the earnings resulting from the investment of such income; 
(C) the term "principal" means the total sum of monies 
appropriated to the Fallon Paiute Shoshone Tribal Settlement 
Fund under section 102(B) of this Act; 
(D) the term "Reservation" means the lands set aside for the 
benefit of the Fallon Paiute Shoshone Tribes by the orders of 
the Department of the Interior of April 20, 1907, and 
November 21, 1917, as expanded and confirmed by the Act 
of August 4,1978, Public Law 95-337, 92 Stat. 457; 
104 STAT. 3294 
PUBLIC LAW 101-618—NOV. 16, 1990 
(E) the term "Secretary" means the Secretary of the Depart-
ment of the Interior; 
(F) the term "tribal members" means the enrolled members 
of the Fallon Paiute Shoshone Tribes; and 
(G) the term "Tribe" means the Fallon Paiute-Shoshone 
Tribe. 
Truckee-Carson-
Pyramid Lake 
Water Rights 
Settlement Act. 
California. 
Fish. 
Wildlife. 
Business and 
industry. 
Irrigation. 
Recreation and 
recreation areas. 
TITLE II—TRUCKEE-CARSON-PYRAMID LAKE WATER 
SETTLEMENT 
SEC. 201. SHORT TITLE. 
This title may be cited as the "Truckee-Carson-Pyramid Lake 
Water Rights Settlement Act". 
SEC. 202. PURPOSES. 
The purposes of this title shall be to— 
(a) provide for the equitable apportionment of the waters of 
the Truckee River, Carson River, and Lake Tahoe between the 
State of California and the State of Nevada; 
(b) authorize modifications to the purposes and operation of 
certain Federal Reclamation project facilities to provide bene-
fits to fish and wildlife, municipal, industrial, and irrigation 
users, and recreation; 
(c) authorize acquisition of water rights for fish and wildlife; 
(d) encourage settlement of litigation and claims; 
(e) fulfill Federal trust obligations toward Indian tribes; 
(f) fulfill the goals of the Endangered Species Act by promot-
ing the enhancement and recovery of the Pyramid Lake fishery; 
and 
(g) protect significant wetlands from further degradation and 
enhance the habitat of many species of wildlife which depend on 
those wetlands, and for other purposes. 
SEC. 203. DEFINITIONS. 
For purposes of this title: 
(a) the term "Alpine court" means the court having continu-
ing jurisdiction over the Alpine decree; 
(b) the term "Alpine decree" means the final decree of the 
United States District Court for the District of Nevada in 
United States of America v. Alpine Land and Reservoir Com-
pany, Civ. No. D-183, entered December 18, 1980, and any 
supplements thereto; 
(c) the term "Carson River basin" means the area which 
naturally drains into the Carson River and its tributaries and 
into the Carson River Sink, but excluding the Humboldt River 
drainage area; 
(d) the term "Fallon Tribe" means the Fallon Paiute-Sho-
shone Tribe; 
(e) the term "Lahontan Valley wetlands" means wetland 
areas associated with the Stillwater National Wildlife Refuge, 
Stillwater Wildlife Management Area, Carson Lake and Pas-
ture, and the Fallon Indian Reservation; 
(f) the term "Lake Tahoe basin" means the drainage area 
naturally tributary to Lake Tahoe, including the lake, and 
including the Truckee River upstream of the intersection be-
tween the Truckee River and the western boundary of Section 
PUBLIC LAW 101-618—NOV. 16, 1990 
104 STAT. 3295 
12, Township 15 North, Range 16 East, Mount Diablo Base and 
Meridian; 
(g) the term "Lower Truckee River" means the Truckee River 
below Derby Dam; 
(h) the term "Operating Agreement" means the agreement to 
be negotiated between the Secretary and the States of Califor-
nia and Nevada and others, as more fully described in section 
205 of this title; 
(i) the term "Orr Ditch court" means the court having 
continuing jurisdiction over the Orr Ditch decree; 
(j) the term "Orr Ditch decree" means the decree of the 
United States District Court for the District of Nevada in 
United States of America v. Orr Water Ditch Company, et al.— 
in Equity, Docket No. A3, including, but not limited to the 
Truckee River Agreement; 
. (k) the term "Preliminary Settlement Agreement as Modified 
by the Ratification Agreement" means the document with the 
title "Ratification Agreement by the United States of America," 
including Exhibit " 1 " attached thereto, submitted to the Chair-
man, Subcommittee on Water and Power, Committee on Energy 
and ^Jatural Resources, United States Senate, by the Assistant 
Secretary for Water and Science, United States Department of 
the Interior, on August 2, 1990, as may be amended under the 
terms thereof. A copy of this gigreement is included in the report 
of the Committee on Energy and Natural Resources as Appen-
dix 1 to the Committee's report accompanying S. 1554; 
(1) the term "Pyramid Lake fishery" means two fish species 
found in Pyramid Lake, the cui-ui (Chasmistes cujus) and the 
Lahontan cutthroat trout (Salmo clarki henshawi); 
(m) the term "Pyramid Lake Tribe" means the Pyramid Lake 
Paiute Tribe; 
(n) the term "Secretary" means the Secretary of the Interior; 
(o) the term "Truckee River Agreement" means a certain 
agreement dated July 1, 1935 and entered into by the United 
States of America, Truckee-Carson Irrigation District, Washoe 
County Water Conservation District, Sierra Pacific Power Com-
pany, and other users of the waters of the Truckee River; 
(p) the term "Truckee River basin" means the area which 
naturally drains into the Truckee River and its tributaries and 
into Pyramid Lake, including that lake, but excluding the Lake 
Tahoe basin; 
(q) the term "Truckee River General Electric court" means 
the United States District Court for the Eastern District of 
California 
court having continuing jurisdiction over 
the 
Truckee River General Electric decree; 
(r) the term "Truckee River General Electric decree" means 
the decree entered June 4, 1915, by the United States District 
Court for the Northern District of California in United States of 
America v. Truckee River General Electric Co., No. 14861, 
which case was transferred to the United States District Court 
for the Eastern District of California on February 9,1968, and is 
now designated No. S-643; 
(s) the term "Truckee River reservoirs" means the storage 
provided by the dam at the outlet of Lake Tahoe, Boca Res-
ervoir, Prosser Creek Reservoir, Martis Reservoir, and Stam-
pede Reservoir; and 
104 STAT. 3296 
PUBLIC LAW 101-618—NOV. 16, 1990 
(t) the term "1948 Tripartite Agreement" means the agree-
ment between the Truckee-Carson Irrigation District, the 
Nevada State Board of Fish and Game Commissioners, and the 
United States Fish and Wildlife Service regarding the establish-
ment, development, operation, and maintenance of Stillwater 
National Wildlife Refuge and Management Area, dated Novem-
ber 26,1948. 
SEC. 204. INTERSTATE ALLOCATION. 
(a) CARSON RIVER.— 
(1) The interstate allocation of waters of the Carson River and 
its tributaries represented by the Alpine decree is confirmed. 
(2) The allocations confirmed in paragraph (1) of this subsec-
tion shall not be construed as precluding, foreclosing, or limit-
ing the assertion of any additional right to the waters of the 
Carson River or its tributaries which were in existence under 
applicable law as of January 1, 1989, but are not recognized in 
the Alpine decree. The allocation made in paragraph (1) of this 
subsection shall be modified to accommodate any such addi-
tional rights, and such additional rights, if established, shall be 
administered in accordance with the terms of the Alpine decree; 
except that the total amount of such additional allocations shall 
not exceed 1,300 acre-feet per year by depletion for use in the 
State of California and 2,131 acre-feet per-year by depletion for 
use in the State of Nevada. This paragraph shall not be con-
strued to allow any increase in diversions from the Carson River 
or its tributaries beyond those in existence on December 31, 
1992. 
(3) If, on or after the date of enactment of this title, all or any 
portion of the effluent imported from the Lake Tahoe basin into 
the watershed of the Carson River in California is discontinued 
by reason of a change in the place of the disposal of such 
effluent, including underground disposal, to the Truckee River 
basin or the Lake Tahoe basin, in a manner which results in 
increasing the available supply of water in the Nevada portion 
of the Truckee River basin, the allocation to California of the 
water of the West Fork of the Carson River and its tributaries 
for use in the State of California shall be augmented by an 
amount of water which may be diverted to storage, except that 
such storage: 
(A) shall not interfere with other storage or irrigation 
rights of Segments 4 and 5 of the Carson River, as defined 
in the Alpine decree; 
(B) shall not cause significant adverse effects to fish and 
wildlife; 
(C) shall not exceed 2,000 acre-feet per year, or the quan-
tity by which the available annual supply of water to the 
Nevada portion of the Truckee River basin is increased, 
whichever is less; and 
(D) shall be available for irrigation use in that or subse-
quent years, except that the cumulative amount of such 
storage shall not exceed 2,000 acre-feet in any year. 
(4) Storage specified by paragraph (3) of this subsection shall 
compensate the State of California for any such discontinuance 
as referred to in such paragraph: Provided, That the augmenta-
tion authorized by such paragraph shall be used only on lands 
having appurtenant Alpine decree rights. Use of effluent for the 
PUBLIC LAW 101-618—NOV. 16, 1990 
104 STAT. 3297 
irrigation of lands with appurtenant Alpine decree rights shall 
not result in the forfeiture or abandonment of all or any 
part of such appurtenant Alpine decree rights, but use of such 
wastewater shall not be deemed to create any new or additional 
water rights. Nothing in this title shall be construed as prohibit-
ing the use of all or any portion of such effluent on any lands 
within the State of California. Any increased water delivered to 
the Truckee River shall only be available to satisfy existing 
rights under the Orr Ditch decree or, as appropriate, to aug-
ment inflows to Pyramid Lake. 
(5) Nothing in this title shall foreclose the right of either State 
to study, either jointly or individually, the use of Carson River 
surface water, which might otherwise be lost to beneficial use, 
to enable conjunctive use of groundwater. For purposes of this 
paragraph, beneficial use shall include the use of water on 
wetlands or wildlife areas within the Carson River basin, as 
may be permitted under State law. 
(6) Nothing in this title shall preclude the State of Nevada, 
agencies of the State of Nevada, private entities, or individuals 
from constructing storage facilities within the Carson River 
basin, except that such storage facilities shall be constructed 
and operated in accordance with all applicable State and Fed-
eral laws and shall not result in the inundation of any portion 
of the East Fork of the Carson River within California. 
(7) The right of any water right owner to seek a change in the 
beneficial use of water from irrigation to storage for municipal 
and industrial uses or other beneficial uses, as determined by 
applicable State law, is unaffected by this title. Water stored for 
municipal and industrial uses may be diverted to storage in a 
given year and held for municipal and industrial uses in that 
year or subsequent years. Such changes and storage shall be in 
accordance with the Alpine decree and applicable State laws. 
(8) Interbasin transfers of Carson River water shall be allowed 
only as provided by applicable State law. 
(b) LAKE TAHOE.— 
(1) Total annual gross diversions for use within the Lake 
Tahoe basin from all natural sources, including groundwater, 
and under all water rights in the basin shall not exceed 34,000 
acre-feet per year. From this total, 23,000 acre-feet per year are 
allocated to the State of California for use within the Lake 
Tahoe basin and 11,000 acre-feet per year are allocated to the 
State of Nevada for use within the Lake Tahoe basin. Water 
allocated pursuant to this paragraph may, after use, be ex-
ported from the Lake Tahoe basin or reused. 
(2) Total annual gross diversions for use allocated pursuant to 
paragraph (1) of this subsection shall be determined in accord-
ance with the following conditions: 
(A) Water diverted and used to make snow within the 
Lake Tahoe basin shall be charged to the allocation of each 
State as follows: 
(i) the first 600 acre-feet used in California each year 
and the first 350 acre-feet used each year in Nevada 
shall not be charged to the gross diversion allocation of 
either State; 
(ii) where water from the Lake Tahoe basin is di-
verted and used to make snow in excess of the amounts 
specified in clause (i) of this subparagraph, the percent-
104 STAT. 3298 
PUBLIC LAW 101-618—NOV. 16, 1990 
age of such diversions chargeable to the gross diversion 
allocations of each State shall be specified in the 
Operating Agreement; and 
(iii) the provisions of paragraph 204(b)(1) notwith-
standing, criteria for charging incidental runoff, if any, 
into the Carson River basin or the Truckee River basin, 
including the amount and basin to be charged, from use 
of water in excess of the amount specified in clause (i) 
of this subparagraph, shall be specified in the Operat-
ing Agreement. The amounts of such water, if any, 
shall be included in each State's report prepared pursu-
ant to paragraph 204(d)(1) of this title. 
(B) Unmetered diversion or extraction of water by resi-
dences shall, for the purpose of calculating the amount of 
either State's gross diversion, be conclusively presumed to 
utilize a gross diversion of four-tenths of one acre-foot per 
residence per year. 
(C) Where water is diverted by a distribution system, as 
defined in clause (iii) of this subparagraph, the amount of 
such water that shall be charged to the gross diversion 
allocation of either California or Nevada shall be measured 
as follows: 
(i) where a water distribution system supplies any 
municipal, commercial, and/or industrial delivery 
points (not including fire hydrants, flushing or cleaning 
points), any one of which is not equipped with a water 
meter, the gross diversion attributed to that water 
distribution system shall be measured at the point of 
diversion or extraction from the source; or 
(ii) where all municipal, commerical, and industrial 
delivery points (not including fire hydrants, flushing or 
cleaning points) within a water distribution system are 
equipped with a water meter, the gross diversion attrib-
uted to that water distribution system may be meas-
ured as the sum of all amounts of water supplied to 
each such delivery point, provided there is in effect for 
such water distribution system a water conservation 
and management plan. Such plan may be either an 
individual, local plan or an area-wide, regional, or 
basin-wide plan, except that such plan must be re-
viewed and found to be reasonable under all relevant 
circumstances by the State agency responsible for 
administering water rights, or any other entity dele-
gated such responsibility under State law. Such plan 
must be reviewed every five years by the agency which 
prepared it, and implemented in accordance with its 
adopted schedule, and shall include all elements re-
quired by applicable State law and the following: 
(a) an estimate of past, current, and projected 
water use and, to the extent records are available, 
a segregation of those uses between residential, 
industrial, and governmental uses; 
(b) identification of conservation measures cur-
rently adopted and in practice; 
(c) a description of alternative conservation 
measures, including leak detection and prevention 
and reduction in unaccounted for water, if any, 
PUBLIC LAW 101-618—NOV. 16, 1990 
104 STAT. 3299 
which would improve the efficiency of water use, 
with an evaluation of the costs, and significant 
environmental 
and 
other 
impacts 
of 
such 
measures; 
(d) a schedule of implementation for proposed 
actions as indicated by the plan; 
(e) a description of the frequency and magnitude 
of supply deficiencies, including conditions of 
drought and emergency, and the ability to meet 
short-term deficiencies; 
(f) an evaluation of management of water system 
pressures and peak deman(£; 
(g) an evaluation of incentives to alter water use 
practices, including fixture and appliance retrofit 
programs; 
(h) an evaluation of public information and edu-
cational programs to promote wise use and elimi-
nate waste; 
(i) an evaluation of changes in pricing, rate struc-
ture, and regulations; and 
(j) an evaluation of alternative water manage-
ment practices, taking into account economic and 
non-economic factors (including environmental, 
social, health, and customer impact), technological 
factors, 
and 
incremental 
costs of 
additional 
supplies, 
(iii) As used in this subparsigraph, the term "water 
distribution system" means a point or points of diver-
sion from a water supply source or sources, together 
with associated piping, which serve a number of 
indentifiable delivery points: Provided, That the dis-
tribution system is not operationally interconnected 
with other distribution systems (except for emergency 
cross-ties) which are served from other points of diver-
sion. An agency serving municipal and industrial water 
may have more than one water distribution system. 
(iv) If a program for the review of water conservation 
and management plans as provided in clause (ii) of this 
subparagraph is not in effect in that portion of the 
Lake Tahoe basin within a State, all gross diversions 
within such State shall be measured at the point of 
diversion. 
(D) For the purpose of this subsection, water inflow and 
infiltration to sewer lines shall not be considered a diver-
sion of water, and such water shall not be charged to the 
gross diversion allocation of either State. 
(E) Regulation of streamflow for the purpose of preserv-
ing or enhancing instream beneficial uses shall not be 
charged to the gross diversion allocation of either State. 
(3) The transbasin diversions from the Lake Tahoe basin in 
Nevada and California identified in this paragraph may be 
continued, to the extent that such diversions are recognized as 
vested or perfected rights under the laws of the State where 
each diversion is made. Unless otherwise provided in this 
subsection, such diversions are in addition to the other alloca-
tions made by this subsection. Such transbasin diversions are 
the following: 
104 STAT. 3300 
PUBLIC LAW 101-618—NOV. 16, 1990 
(A) diversion of a maximum of 3,000 acre-feet per year 
from Marlette Lake for use in Nevada; 
(B) diversion of a maximum of 561 acre-feet per year from 
Lake Tahoe for use in Nevada as set forth in Nevada 
Permit to Appropriate Water No. 23017, except that such 
diversion shall count against the allocation to Nevada made 
by this subsection; 
(C) diversion of water from Echo Lake for use in Califor-
nia, pursuant to rights vested under California law; and 
(D) diversion of water from North Creek as set forth in 
the State of Nevada Certificate of Appropriation of Water 
No. 4217. 
The transbasin diversions identified in subparagraphs (A), (C), and 
(D) of this paragraph may be transferred, for use only in the State 
where the recognized transbasin diversion exists, by lease of the 
right of use or by conveyance of the right, to the extent to which the 
right is vested or has been perfected. Any such transfer shall be 
subject to the applicable laws of the State in which the right is 
vested or perfected. The transbasin diversion described in subpara-
graph (B) of this paragraph may be transferred in accordance with 
State law. With the exception of the transbasin diversion described 
in subparagraph (B), all water made available for use within the 
Lake Tahoe basin as a result of any such transfer shall not be 
charged against the allocations made by this section, and such water 
may be depleted. 
(c) TRUCKEE RIVER.— 
(1) There is allocated to the State of California the right to 
divert or extract, or to utilize any combination thereof, within 
the Truckee River basin in California the gross amount of 
32,000 acre-feet of water per year from all natural sources, 
including both surface and groundwater, in the Truckee River 
basin subject to the following terms and conditions: 
Sierra Pacific 
(A) maximum annual diversion of surface supplies shall 
Power Company. 
^ot exceed 10,000 acre-feet; except that all diversions of 
surface supplies for use within California shall be subject to 
the right to water for use on the Pyramid Lake Indian 
Reservation in amounts as provided in Claim Nos. 1 and 2 
of the Orr Ditch decree, and all such diversions initiated 
after the date of enactment of this title shall be subject to 
the right of the Sierra Pacific Power Company or its succes-
sor to divert forty (40) cubic feet per second of water for 
municipal, industrial, and domestic use in the Truckee 
Meadows in Nevada, as such right is more particularly 
described in Article V of the Truckee River Agreement; 
(B) all new wells drilled after the date of enactment of 
this title shall be designed to minimize any short-term 
reductions of surface streamflows to the maximum extent 
feasible; 
(C) any use within the State of Nevada of any Truckee 
River basin groundwater with a point of extraction within 
California shall be subordinate to existing and future uses 
in California, and any such use of water in Nevada shall 
cease to the extent that it causes extractions to exceed safe 
yield; 
(D) except as otherwise provided in this paragraph, the 
extraction and use of groundwater pursuant to this subsec-
PUBLIC LAW 101-618—NOV. 16, 1990 
104 STAT. 3301 
tion shall be subject to all terms and conditions of Califor-
nia law; 
(E) determination of safe yield of any groundwater basin 
in the Truckee River basin in California shall be made by 
the United States Geological Survey in accordance with 
California law; 
(F) water shall not be diverted from within the Truckee 
River basin in California for use in California outside the 
Truckee River basin; 
(G) if the Tgihoe-Truckee Sanitation Agency or its succes-
sor (hereafter "TTSA") changes in whole or in part the 
place of disposal of its treated wastewater to a place outside 
the area between Martis Creek and the Truckee River 
below elevation 5800 NGVD Datum, or changes the existing 
method of disposing of its wastewater, which change in 
place or method of disposal reduces the amount or substan-
tially changes the timing of return flows to the Truckee 
River of the treated wastewater, TTSA shall: 
(i) acquire or arrange for the acquisition of preexist-
ing water rights to divert and use water of the Truckee 
River or its tributaries in California or Nevada and 
discontinue the diversion and use of water at the 
preexisting point of diversion and place of use under 
such rights in a manner legally sufficient to offset such 
reduction in the amount of return flow or change in 
timing, and California's Truckee River basin gross 
diversion allocation shall continue to be charged the 
amount of the discontinued diversion; or 
(ii) in compliance with California law, extract and 
discharge into the Truckee River or its tributaries an 
amount of Truckee River basin groundwater in Califor-
nia sufficient to offset such reduction or change in 
timing, subject to the following conditions: 
(a) extraction and discharge of Truckee River 
Basin groundwater for purposes of this paragraph 
shall comply with the terms and conditions of 
subparagraphs 204(cXl) (B) and (D) and shall not be 
deemed use of Truckee River basin groundwater 
within the State of Nevada within the meaning of 
; subparagraph 204(cXlXD); and 
0?) California's Truckee River basin gross diver-
sion allocation shall be charged immediately with 
the amount of groundwater discharged and, when 
California's Truckee River Basin gross diversion 
allocation equals 22,000 acre-feet or when the total 
of any reductions resulting from the changes in the 
place or method of disposal exceed 1000 acre-feet, 
whichever occurs first, the California Truckee 
River basin gross diversion allocation shall there-
after be charged with an additional amount of 
water required to compensate for the return flows 
which would otherwise have accrued to the 
Truckee River basin from municipal and industrial 
use of the discharged groundwater. In no event 
shall the total of California's Truckee River gross 
diversions and extractions exceed 32,000 acre-feet. 
104 STAT. 3302 
PUBLIC LAW 101-618—NOV. 16, 1990 
(iii) For purposes of this paragraph, the existing 
method of disposal shall include, in addition to under-
ground leach field disposal, surface spray or sprinkler 
infiltration of treated wastewater on the site between 
Martis Creek and the Truckee River referred to in this 
subsection. 
(iv) The provisions of this paragraph requiring the 
acquisition of water rights or the extraction and dis-
charge of groundwater to offset reductions in the 
amount or timing of return flow to the Truckee River 
shall also apply to entities other than TTSA that may 
treat and dispose of wastewater within the California 
portion of the Truckee River basin, but only if and to 
the extent that the treated wastewater is not returned 
to the Truckee River or its tributaries, as to timing and 
amount, substantially as if the wastewater had been 
treated and disposed of by TTSA in its existing place of 
disposal and by its existing method of disposal. The 
provisions of this paragraph shall not apply to entities 
treating and disposing of the wastewater from less than 
eight dwelling units. 
(H) All uses of water for commercial, irrigated agri-
culture within the Truckee River basin within California 
initiated after the date of enactment of this title shall not 
impair and shall be junior and subordinate to all beneficial 
uses in Nevada, including, but not limited to, the use of 
water for the maintenance and preservation of the Pyramid 
Lake fishery. As used in this provision, the term "commer-
cial, 
irrigated 
agriculture" 
shall 
include 
traditional 
commercial irrigated farming operations but shall not in-
clude the following uses: irrigated golf courses and other 
recreational facilities, commercial nurseries, normal sil-
vicultural activities other than commercial tree farms, 
irrigation under riparian rights on land irrigated at any 
time prior to the date of enactment of this title, lawns and 
ornamental shrubbery on parcels which include commer-
cial, residential, governmental, or public buildings, and 
irrigated areas of two acres or less on parcels which include 
a residence. 
(I) Water diverted within the Truckee River basin and 
used to make snow shall be charged to California's Truckee 
River allocation as follows: 
(i) the first 225 acre-feet used in California each year 
shall not be charged to the gross diversion allocation; 
(ii) where water from the Truckee River basin is 
diverted and used to make snow in excess of the 
amounts specified in clause (i) of this subparagraph, the 
percentage of such diversions chargeable to such alloca-
tion shall be specified in the Operating Agreement; and 
(iii) the provision of subparagraph 204(c)(1)(F) not-
withstanding, criteria for charging incidental runoff, if 
any, into the Lake Tahoe basin, including the amount 
and basin to be charged, from use of water in excess of 
the amount specified in clause (i) of this subparagraph, 
shall be specified in the Operating Agreement. The 
amounts of such water, if any, shall be included in each 
State's 
report 
prepared 
pursuant 
to 
paragraph 
204(d)(1). 
PUBLIC LAW 101-618—NOV. 16, 1990 
104 STAT. 3303 
(J) Unmetered diversion or extraction of water by resi-
dences, shall, for the purpose of calculating the amount of 
California's gross diversion, be conclusively presumed to 
utilize a gross diversion of four-tenths of one acre-foot per 
residence per year. 
(K) For the purposes of this subsection, water inflow and 
infiltration to sewer lines is not a diversion of water, and 
such water shall not be charged to California's Truckee 
River basin allocation, 
(2) There is additionally allocated to California the amount of 
water decreed to the Sierra Valley Water Company by judg-
ment in the case of United States of America v. Sierra Valley 
Water Company, United States District Court for the Northern 
District of California, Civil No. 5597, as limited by said 
judgment. 
(8) There is allocated to the State of Nevada all water in 
excess of the allocations made in paragraphs 204(c) (1) and (2) of 
this title. 
(4) The right to water for use on the Pjrramid Lake Indian 
Reservation in the amounts provided in Claim Nos. 1 and 2 of 
the Orr Ditch decree is recognized and confirmed. In accordance 
with and subject to the terms of the Orr Ditch decree and 
applicable law, the United States, acting for and on behalf of 
the Pyramid Lake Tribe, and with the agreement of the Pyra-
mid Lake Tribe, or the Pyramid Lake Tribe shall have the right 
to change points of diversion, place, means, manner, or purpose 
of use of the water so decreed on the reservation. 
(d) COMPUANCE.— 
(1) Compliance with the allocations made by this section and 
with other provisions of this section applicable to each State 
shall be assured by each State. With the third quarter following 
the end of each calendar year, each State shall publish a report 
of water use providing information necessary to determine 
compliance with the terms and conditions of this section. 
(2) The United States District Courts for the Eastern District 
of California and the District of Nevada shall have jurisdiction 
to hear and decide any claims by any aggrieved party against 
the State of California, State of Nevada, or any other party 
where such claims allege failure to comply with the allocations 
or any other provision of this section. Normal rules of venue 
and transfers of cases between Federal courts shall remain in 
full force and effect. Each State, by accepting the allocations 
under this section, shall be deemed to have waived any immu-
nity from the jurisdiction of such courts. 
(e) FORFEITURE OR ABANDONMENT.—The provisions of this section 
shall not be interpreted to alter or affect the applicability of the law 
of each State regarding the forfeiture for nonuse or abandonment of 
any water right established in accordance with State law, nor shall 
the forfeiture for nonuse or abandonment of water rights under the 
applicable law of each State affect the allocations to each State 
made by this title. 
(f) INTERSTATE TRANSFERS.— 
(1) Nothing in this title shall prevent the interstate transfer 
of water or water rights for use within the Truckee River basin, 
subject to the following provisions: 
(A) Each such interstate transfer shall comply with all 
State laws applicable to transfer of water or water rights, 
Reports. 
C!ourts. 
Claims. 
104 STAT, 3304 
PUBLIC LAW 101-618-NOV. 16, 1990 
including but not limited to State laws regulating change in 
point of diversion, place of use, and purpose of use of water, 
except that such laws must apply equally to interstate and 
intrastate transfers. 
(B) Use of water so transferred shall be charged to the 
allocation of the State wherein use of water was being made 
prior to the transfer. 
(C) Subject to subparagraph (A) of this paragraph, in 
addition to the application of State laws intended to pre-
vent injury to other lawful users of water, each State may, 
to the extent authorized by State law, deny or condition a 
proposed interstate transfer of water or water rights having 
a source within the Truckee River basin where the State 
agency responsible for administering water rights finds, on 
the basis of substantial evidence that the transfer would 
have substantial adverse impacts on the environment or 
overall economy of the area from which the use of the 
water or water right would be transferred. 
(D) Nothing in this paragraph shall be construed to limit 
the jurisdiction of any court to review any action taken 
pursuant to this paragraph. 
(2) The jurisdiction of the Alpine court to administer, inter 
alia, interstate transfers of water or water rights on the Carson 
River under the Alpine decree, pursuant to jurisdiction reserved 
therein, including any amendment or supplement thereto, is 
confirmed. Each State may intervene of right in any proceeding 
before the Alpine court wherein the reserved jurisdiction of that 
court is invoked with respect to an interstate transfer of water 
or water rights, and may report to the court findings or deci-
sions concerning the proposed change which have been made by 
the State agency responsible for administering water rights 
under any State law applicable to transfers or change in the 
point of diversion, purpose of use, or place of use of water. 
(3) This subsection shall not be construed to authorize the 
State of California or the State of Nevada to deny or condition a 
transfer application made by the United States or its agencies if 
such denial or conditioning would be inconsistent with any clear 
congressional directive. 
(g) USE OF WATER BY THE UNITED STATES.—Use of water by the 
United States of America or any of its agencies or instrumentalities, 
or by any Indian Tribe shall be charged to the allocation of the State 
wherein the use is made, except as otherwise provided in subsection 
(f) of this section. 
(h) COURT DECREES.—Nothing in this section shall be construed as 
modifying or terminating any court decree, or the jurisdiction of any 
court. 
(i) PLACE OF USE TO DETERMINE ALLOCATION.—Water diverted or 
extracted in one State for use in the other shall be charged to the 
allocation under this section of the State in which the water is used, 
except as otherwise provided in subsection (f) of this section. 
(j) APPLICABILITY OF STATE LAW.—Nothing in this section shall be 
construed to alter the applicability of State law or procedures to the 
water allocated to the States hereunder. 
SEC. 
2
0
5
. 
TRUCKEE 
RIVER 
WATER 
SUPPLY 
MANAGEMENT. 
(a) OPERATING AGREEMENT.— 
PUBLIC LAW 101-618—NOV. 16, 1990 
104 STAT. 3305 
(1) The Secretary shall negotiate an operating agreement 
(hereafter "Operating Agreement") with the State of Nevada 
and the State of California, after consultation with such other 
parties as may be designated by the Secretary, the State of 
Nevada or the State of California. 
(2) The Operating Agreement shall provide for the operation 
of the Truckee River reservoirs and shall ensure that the 
reservoirs will be operated to: 
(A) satisfy all applicable dam safety and flood control 
requirements; 
(B) provide for the enhancement of spawning flows avail-
able in the Lower Truckee River for the Pyramid Lake 
fishery in a manner consistent with the Secretary's respon-
sibilities under the Endangered Species Act, as amended; 
(C) carry out the terms, conditions, and contingencies of 
the Preliminary Settlement Agreement £is modified by the 
Ratification Agreement. Mitigation necessary to reduce or 
avoid significant adverse environmental effects, if any, of 
the implementation of the Preliminary Settlement Agree-
ment as modified by the Ratificafion Agreement, including 
instream beneficial uses of water within the Truckee River 
basin, shall be provided through one or more mitigation 
agreements which shall be negotiated and executed by the 
parties to the Preliminary Settlement Agreement as modi-
fied by the Ratification agreement and the appropriate 
agencies of the States of Nevada and California; 
(D) ensure that water is stored in and released from 
Truckee River reservoirs to satisfy the exercise of water 
rights in conformance with the Orr Ditch decree and 
Truckee River General Electric decree, except for those 
rights that are voluntarily relinquished by the parties to 
the Preliminary Settlement Agreement as modified by the 
Ratification Agreement, or by any other persons or entities, 
or which are transferred pursuant to State law; and 
(E) minimize the Secretary's costs associated with oper-
ation and maintenance of Stampede Reservoir. 
(3) The Operating Agreement may include, but is not limited 
to, provisions concerning the following subjects: 
(A) administration of the Operating Agreement, includ-
ing but not limited to establishing or designating an agency 
or court to oversee operation of the Truckee River and 
Truckee River reservoirs; 
(B) means of assuring compliance with the provisions of 
the Preliminary Settlement Agreement as modified by the 
Ratification Agreement and the Operating Agreement; 
(C) operations of the Truckee River system which will not 
be changed; 
(D) operations and procedures for use of Federal facilities 
for the purpose of meeting the Secretary's responsibilities 
under the Endangered Species Act, as amended; 
(E) methods to diminish the likelihood of Lake Tahoe 
dropping below its natural rim and to improve the efficient 
use of Lake Tahoe water under extreme drought conditions; 
(F) procedures for management and operations at the 
Truckee River reservoirs; 
104 STAT. 3306 
PUBLIC LAW 101-618—NOV. 16, 1990 
(G) procedures for operation of the Truckee River res-
ervoirs for instream beneficial uses of water within the 
Truckee River basin; 
(H) operation of other reservoirs in the Truckee River 
basin to the extent that owners of affected storage rights 
become parties to the Operating Agreement; and 
(I) procedures and criteria for implementing California's 
allocation of Truckee River water. 
(4) To enter into effect, the Operating Agreement shall be 
executed by the Secretary, the State of Nevada, and the State of 
California and shall be submitted to the Orr Ditch court and the 
Truckee River General Electric court for approval of any nec-
essary modifications in the provisions of the Orr Ditch decree or 
the Truckee River General Electric decree. Other affected par-
ties may be offered the opportunity to execute the Operating 
Agreement. 
Regulations. 
(5) When an Operating Agreement meeting the requirements 
of this subsection has been approved by the Secretary, the State 
of Nevada, and the State of California, the Secretary, pursuant 
to title 5 of the United States Code, shall promulgate the 
Operating Agreement, together with such additional measures 
as have been agreed to by the Secretary, the State of Nevada, 
and the State of California, as the exclusive Federal regulations 
governing the Operating Agreement. The Secretary and the 
other signatories to the Operating Agreement shall, if nec-
essary, develop and implement a plan to mitigate for any 
significant adverse environmental impacts resulting from the 
Operating Agreement. Any subsequent changes to the Operat-
ing Agreement must be adopted and promulgated in the same 
manner as the original Operating Agreement. Any changes 
which affect the Preliminary Settlement Agreement as modi-
fied by the Ratification Agreement must also be approved by 
the signatories thereto. Judicial review of any such promulga-
tion of the Operating Agreement may be had by any aggrieved 
party in the United States District Court for the Eastern Dis-
trict of California or the United States District Court for Dis-
trict of Nevada. A request for review must be filed not later 
than 90 days after the promulgation of the Operating Agree-
ment becomes final, and by a person who participated in the 
administrative proceedings leading to the final promulgation. 
The scope of such review shall be limited to the administrative 
record and the standard of review shall be that prescribed in 5 
U.S.C. 706(2)(A)-(D): Provided, That the limits on judicial review 
in this paragraph shall not apply to any claim based on the 
provisions of the Endangered Species Act, as amended. 
(6) The Secretary shall take such other actions as are nec-
essary to implement the Preliminary Settlement Agreement as 
modified by the Ratification Agreement and to implement the 
Operating Agreement, including entering into contracts for the 
use of space in Truckee River reservoirs for the purposes of 
storing or exchanging water, subject to the preconditions that 
the Sierra Pacific Power Company and the Secretary shall have 
executed a mutually satisfactory agreement for payment by 
Sierra-Pacific Power Company of appropriate amounts for the 
availability and use of storage capacity in Stampede Reservoir 
and other reservoirs. 
PUBLIC LAW 101-618—NOV. 16, 1990 
104 STAT. 3307 
Endangered and 
threatened 
species. 
(7) As provided in the Preliminary Settlement Agreement as 
Disaster 
modified by the Ratification Agreement, firm and non-firm 
assistance, 
municipal and industrial credit water and the 7,500 acre-feet of 
fishery credit water in Stampede Reservoir to be available 
under worse than critical drought conditions shall be used only 
to supply municipal and industrial needs when drought condi-
tions or emergency or repair conditions exist, or as may be 
required to be converted to fishery credit water. None of these 
quantities of water shall be used to serve normal year municipal 
and industrial needs except when an emergency or repair condi-
tion exists. 
(8) Subject to the terms and conditions of the Preliminary 
Settlement Agreement as modifed by the Ratification Agree-
ment, all of the fishery credit water established thereunder 
shall be used by the United States solely for the benefit of the 
Pyramid Lake fishery. 
(9) In negotiating the Operating Agreement, the Secretary 
shall satisfy the requirements of the National Environmental 
Policy Act £ind regulations issued to implement the provisions 
thereof. The Secretary may not become a party to the Operating 
Agreement if the Secretary determines that the effects of such 
action, together with cumulative effects, are likely to jeopardize 
the continued existence of any endangered or threatened spe-
cies or result in the destruction or adverse modification of any 
designated critical habitat of such species. 
(b) 
AUTHORIZATION FOR USE OF WASHOE PROJECT FACIUTIES, 
TRUCKEE RIVER STORAGE FACIUTIES, AND LAKE TAHOE DAM AND 
RESERVOIR.— 
(1) The Secretary is authorized to use Washoe Project facili-
ties, Truckee River Storage Project facilities, and Lake Tahoe 
Dam and Reservoir for the storage of non-project water to fulfill 
the purposes of this title, including the Preliminary Settlement 
Agreement as modified by the Ratification Agreement and the 
Operating Agreement. The Secretary shall collect appropriate 
charges for such uses. 
(2) Payments received by the Secretary pursuant to this 
subsection and paragraph 205(aX6) shall be credited annually 
first to pay the operation and maintenance costs of Stampede 
Reservoir, then covered into the Lahontan Valley and Pyramid 
Lake Fish and Wildlife Fund created pursuant to subsection 
206(f) of this title, with funds not needed for those purposes, if 
any, credited to the Reclamation Fund. 
(3) The Secretary is authorized to enter into an interim 
agreement with the Sierra Pacific Power Company and Pyra-
mid Lake Tribe to store water owned by Sierra Pacific Power 
Company in Stampede Reservoir, except that the amount of 
such storage shall not exceed 5,000 acre-feet on September 1 of 
any year, such agreement shall be superseded by the Prelimi-
nary Settlement as modified by the Ratification Agreement and 
the Operating Agreement upon the entry into effect of those 
agreements. 
(c) RELEASE OF WASHOE PROJECT REPAYMENT OBLIGATION.—The 43 use 614 note 
Secretary is released from any obligation to secure payment for the 
costs of constructing Washoe Project facilities, other than the power 
plant, including those specified in the Act of August 1, 1956, 70 Stat. 
775, and under Federal reclamation laws, and such costs are hereby 
made non-reimbursable. Authority to construct a reservoir at the 
104 STAT. 3308 
PUBLIC LAW 101-618—NOV. 16, 1990 
Watasheamu site, together with other necessary works for impound-
ment, diversion, and delivery of water, generation and transmission 
of hydroelectric power, and drainage of lands as conferred to the 
43 use 
Secretary in the Act of August 1, 1956, 70 Stat. 775, is hereby 
6l4-6l4d. 
revoked. 
SEC. 206. WETLANDS PROTECTION. 
(a) AUTHORIZATION TO PURCHASE WATER RIGHTS.— 
(1) The Secretary is authorized and directed, in conjunction 
with the State of Nevada and such other parties as may provide 
water and water rights for the purposes of this section, to 
acquire by purchase or other means water and water rights, 
with or without the lands to which such rights are appurtenant, 
and to transfer, hold, and exercise such water and water rights 
and related interests to sustain, on a long-term average, 
approximately 25,000 acres of primary wetland habitat within 
the Lahontan Valley wetlands in accordance with the following 
provisions of this subsection: 
(A) water right acquired under this subsection shall, to 
the maximum extent practicable, be used for direct applica-
tion to such wetlands and shall not be sold, exchanged, or 
otherwise disposed of except as provided by the National 
Wildlife Refuge Administration Act and for the benefit of 
fish and wildlife within the Lahontan Valley; 
(B) the Secretary shall select from any water rights ac-
quired pursuant to this subsection those water rights or 
portions thereof, if not all, that can be transferred to the 
wetlands referenced in this subsection consistent with 
subsection 2090?) of this title; and 
(C) in implementing this subsection, the Secretary shall 
consult with the State of Nevada and affected interests. 
Those water rights or portions thereof, if not all, which the 
Secretary selects for transfer shall then be transferred in 
accordance with applicable court decrees and State law, and 
shall be used to apply water directly to wetlands. No water 
rights shall be purchased, however, unless the Secretary 
expects that the water rights can be so transferred and 
applied to direct use to a substantial degree. 
(2) Acquisition of water rights and related interests pursuant 
to this subsection shall be subject to the following conditions: 
(A) water right purchases shall be only from willing 
sellers, but the Secretary may target purchases in areas 
deemed by the Secretary to be most beneficial to such a 
purchase program; 
(B) water rights acquired by the Secretary shall be man-
aged by the Secretary after consultation with the State of 
Nevada and affected interests, except that any water rights 
acquired for Fallon Indian Reservation wetlands shall be 
managed by the Secretary in consultation with the Fallon 
Tribe; and 
Records. 
(C) prior to acquiring any water or water rights in the 
State of California for the Lahontan Valley wetlands, the 
Secretary shall first consult with the Governor of California 
and shall prepare a record of decision on the basis of such 
consultations. 
(3) The Secretary is authorized to: 
PUBLIC LAW 101-618—NOV. 16, 1990 
104 STAT. 3309 
(A) use, modify, or extend, on a non-reimbursable basis, 
Federal water diversion, storage, and conveyance systems 
to deliver water to wetlands referenced in paragraph (a)(1) 
of this subsection, including the Fernley Wildlife Manage-
ment Area; 
(B) reimburse non-Federal entities for reasonable and 
customary costs for operation and maintenance of the 
Newlands Project associated with the delivery of water in 
carrying out the provisions of this subsection; and 
(C) enter into renewable contracts for the payment of 
reasonable and customary costs for operation and mainte-
nance of the Newlands Project associated with the delivery 
of water acquired by the Secretary to benefit the Lahontan 
Valley wetlands. The contracts shall be for a term not 
exceeding 40 years. Any such contract shall provide that 
upon the failure of the Secretary to pay such charges, the 
United States shall be liable for their payment and other 
costs provided for in applicable provisions of the contract, 
subject to the availability of appropriations. 
(4) Consistent with fulfillment of this subsection and not as a Reports 
precondition thereto, the Secretary shall study and report on 
the social, economic, and environmental effects of the water 
rights purchase program authorized by this subsection and the 
water management measures authorized by subsection 206(c). 
This study may be conducted in coordination with the studies 
authorized by paragraph 207(c)(5) and subsection 209(c) of this 
title, and shall be reported to the Committees on Energy and 
Natural Resources, Environment and Public Works, and Appro-
priations of the Senate, and the Committees on Interior and 
Insular Affairs, Merchant Marine and Fisheries, and Appro-
priations of the House of Representatives not later than three 
years after the date of enactment of this Act. 
O
b
) EXPANSION OF STILLWATER NATIONAL WILDUFE REFUGE.— 
(1) Notwithstanding any other provision of law, the Secretary 
shall manage approximately 77,520 acres of Federal land in the 
State of Nevada, as depicted upon a map entitled "Stillwater 
National Wildlife Refuge," dated July 16, 1990, and available 
for inspection in appropriate offices of the United States Fish 
and Wildlife Service, as a unit of the National Wildlife Refuge 
System. 
(2) The lands identified in paragraph (1) of this subsection 
shall be known as the Stillwater National Wildlife Refuge and 
shall be managed by the Secretary through the United States 
Fish and Wildlife Service for the purposes of: 
(A) maintaining and restoring natural biological diversity 
within the refuge; 
(B) providing for the conservation and management of 
fish and wildlife and their habitats within the refuge; 
(C) fulfilling the international treaty obligations of the 
United States with respect to fish and wildlife; and 
(D) providing opportunities for 
scientific 
research, 
environmental education, and fish and wildlife oriented 
recreation. 
(3) The Secretary shall administer all lands, waters, and 
interests therein transferred under this title in accordance with 
the provisions of the National Wildlife Refuge System Adminis-
tration Act of 1966, as amended, except that any activity pro-
16 u s e 668dd 
note. 
39-194 O - 91 - 32 : QL 3 Part 4 
104 STAT. 3310 
PUBLIC LAW 101-618—NOV. 16, 1990 
vided for under the terms of the 1948 Tripartite Agreement may 
continue under the terms of that agreement until its expiration 
date, unless such agreement is otherwise terminated. The Sec-
retary may utilize such additional statutory authority as may 
be available to the Secretary for the conservation and develop-
ment of wildlife and natural resources, interpretive education, 
and outdoor recreation as the Secretary deems appropriate to 
carry out the purposes of this title. 
(4) The Secretary is authorized to take such actions as may be 
necessary to prevent, correct, or mitigate for adverse water 
quality and fish and wildlife habitat conditions attributable to 
agricultural drain water originating from lands irrigated by the 
Newlands Project, except that nothing in this subsection shall 
be construed to preclude the use of the lands referred to in 
paragraph (1) of this subsection for Newlands Project drainage 
purposes. Such actions, if taken with respect to drains located 
on the Fallon Indian Reservation, shall be taken after consulta-
tion with the Fallon Tribe. 
(5) Not later than November 26, 1997, after consultation with 
the State of Nevada and affected local interests, the Secretary 
shall submit to the Congress recommendations, if any, 
concerning: 
(A) revisions in the boundaries of the Stillwater National 
Wildlife Refuge as may be appropriate to carry out the 
purposes of the Stillwater National Wildlife Refuge, and 
the provisions of subsection 206(a) of this section; 
(B) transfer of any other United States Bureau of Rec-
lamation withdrawn public lands within existing wildlife 
use areas in the Lahontan Valley to the United States Fish 
and Wildlife Service for addition to the National Wildlife 
Refuge System; and 
(C) identification of those lands currently under the juris-
diction of the United States Fish and Wildlife Service in the 
Lahontan Valley that no longer warrant continued status 
as units of the National Wildlife Refuge System, with rec-
ommendations for their disposition. 
(c) WATER USE, NAVAL AIR STATION, FALLON, NEVADA.— 
(1) Not later than one year after the date of enactment of this 
title, the Secretary of the Navy, in consultation with the Sec-
retary, shall undertake a study to develop land management 
plans or measures to achieve dust control, fire abatement and 
safety, and foreign object damage control on those lands owned 
by the United States within the Naval Air Station at Fallon, 
Nevada, in a manner that, to the maximum extent practicable, 
reduce direct surface deliveries of water. Water saved or con-
served shall be defined as reduced project deliveries relative to 
the maximum annual headgate delivery entitlement associated 
with recently irrigated water-righted Navy lands. Recently irri-
gated water-righted Navy lands shall be determined by the 
Secretary of the Navy in consultation with the Secretary and 
the State of Nevada. 
(2) The Secretary of the Navy shall promptly select and 
implement land management plans or measures developed by 
the study described in paragraph (1) of this subsection upon 
determining that water savings can be made without impairing 
the safety of operations at Naval Air Station, Fallon. 
PUBLIC LAW 101-618—NOV. 16, 1990 
104 STAT. 3311 
(3) All water no longer used and water rights no longer 
exercised by the Secretary of the Navy as a result of the 
implementation of the modified land management plan or 
measures specified by this subsection shall be managed by the 
Secretary for the benefit of fish and wildlife resources ref-
erenced in sections 206 and 207 of this title: Provided, That, 
(A) as may be required to fulfill the Secretary's respon-
sibilities under the Endangered Species Act, as amended, 
the Secretary shall manage such water and water rights 
primarily for the conservation of the Pyramid Lake fishery 
and in a manner which is consistent with the Secretary's 
responsibilities under the Endangered Species Act, as 
amended, and the requirements of applicable operating 
criteria and procedures for the Newlands Project; and 
(B) the Secretary may manage such water or transfer 
temporarily or permanently some or all of the water rights 
no longer exercised by the Secretary of the Navy for the 
benefit of the Lahontan Valley wetlands so long as such 
management or transfers are consistent with applicable 
operating criteria and procedures. 
(4) The Secretary of the Navy, in consultation with the Sec-
retary of Agriculture and other interested parties, shall fund 
and implement a demonstration project and test site for the 
cultivation and development of low-precipitation grasses, 
shrubs, and other native or appropriate high-desert plant spe-
cies, including the development of appropriate soil stabilization 
and land management techniques, with the goal of restoring 
previously irrigated farmland in the Newlands Project area to a 
stable and ecologically appropriate dryland condition. 
(5) The Secretary shall reimburse appropriate non-Federal 
. entities for reasonable and customary operation and mainte-
nance costs associated with delivery of the water that comes 
under the Secretary's management pursuant to this subsection. 
(6) In carrying out the provisions of this subsection, the 
Secretary of the Navy and the Secretary shall comply with all 
applicable provisions of State law and fulfill the Federal trust 
obligation to the Pyramid Lake Tribe and the Fallon Tribe. 
(d) STATE COST-SHARING.—The Secretary is authorized to enter 
into an agreement with the State of Nevada for use by the State of 
not less than $9 million of State funds for water and water rights 
acquisitions and other protective measures to benefit Lahontan 
Valley wetlands. The Secretary's authority under subsection 206(a) 
is contingent upon the State of Nevada making such sums available 
pursuant to the terms of the agreement referenced in this 
subsection. 
(e) TRANSFER OF CARSON LAKE AND PASTURE.—The Secretary is 
authorized to convey to the State of Nevada Federal lands in the 
area known generally as the "Carson Lake and Pasture," as de-
picted on the map entitled "Carson Lake Area," dated July 16, 1990, 
for use by the State as a State wildlife refuge. Prior to and as a 
condition of such transfer, the Secretary and the State of Nevada 
shall execute an agreement, in consultation with affected local 
interests, including the operator of the Newlands Project, ensuring 
that the Carson Lake and Pasture shall be managed in a manner 
consistent with applicable international agreements and designation 
of the area as a component of the Western Hemisphere Shorebird 
Reserve Network. The Secretary shall retain a right of reverter 
104 STAT. 3312 
PUBLIC LAW 101-618—NOV. 16, 1990 
under such conveyance if the terms of the agreement are not 
observed by the State. The official map shall be on file with the 
United States Fish and Wildlife Service. Carson Lake and Pasture 
shall be eligible for receipt of water through Newlands Project 
facilities. 
Gifts to 
(f) LAHONTAN VALLEY AND PYRAMID LAKE FISH AND WILDLIFE 
Government. 
FuND. 
(1) There is hereby established in the Treasury of the United 
States the "Lahontan Valley and Pyramid Lake Fish and Wild-
life Fund" which shall be available for deposit of donations from 
any source and funds provided under subsections 205 (a) and (b), 
206(d), and subparagraph 208(a)(2)(C), if any, of this title. 
(2) Moneys deposited into this fund shall be available for 
appropriation to the Secretary for fish and wildlife programs for 
Lahontan Valley consistent with this section and for protection 
and restoration of the Pyramid Lake fishery consistent with 
plans prepared under subsection 207(a) of this title. The Sec-
retary shall endeavor to distribute benefits from this fund on an 
equal basis between the Pyramid Lake fishery and the 
Lahontan Valley wetlands, except that moneys deposited into 
the fund by the State of Nevada or donated by non-Federal 
entities or individuals for express purposes shall be available 
only for such purposes and may be expended without further 
appropriation, 
and 
funds 
deposited 
under 
subparagraph 
208(a)(2)(C) shall only be available for the benefit of the Pyramid 
Lake 
fishery 
and 
may 
be 
expended 
without 
further 
appropriation. 
(g) INDIAN LAKES AREA.—The Secretary is authorized to convey to 
the State of Nevada or Churchill County, Nevada, Federal lands in 
the area generally known as the Indian Lakes area, as depicted on 
the map entitled "Indian Lakes Area," dated July 16,1990, pursuant 
to an agreement between the Secretary and the State of >fevada or 
Churchill County, Nevada, as appropriate, for the purposes of fish 
and wildlife, and recreation. Any activity provided under the terms 
of the 1948 Tripartite Agreement may continue under the terms of 
that agreement until its expiration date, unless such agreement is 
otherwise terminated. The official map shall be on file with the 
United States Fish and Wildlife Service. 
SEC. 207. CUI-UI AND LAHONTAN CUTTHROAT TROUT RECOVERY AND 
ENHANCEMENT PROGRAM. 
(a) RECOVERY PLANS.—Pursuant to the Endangered Species Act, as 
amended, the Secretary shall expeditiously revise, update, and im-
plement plans for the conservation and recovery of the cui-ui and 
Lahontan cutthroat trout. Such plans shall be completed and up-
dated from time to time as appropriate in accordance with the 
Endangered Species Act, as amended, and shall include all relevant 
measures necessary to conserve and recover the species. Such plans 
and any amendments and revisions thereto shall take into account 
and be implemented in a manner consistent with the allocations of 
water to the State of Nevada and the State of California made under 
section 204 of this title, the Preliminary Settlement Agreement as 
modified by the Ratification Agreement, and the Operating Agree-
ment, if and when those allocations and agreements enter into 
effect. 
(b) TRUCKEE RIVER REHABILITATION.— 
PUBLIC LAW 101-618—NOV. 16, 1990 
104 STAT. 3313 
(1) The Secretary of the Army, in consultation with and with 
the assistance of the Pyramid Lake Tribe, State of Nevada, 
Environmental Protection Agency, the Secretary, and other 
interested parties, is authorized and directed to incorporate into 
its ongoing reconnaissance level study of the Truckee River, a 
study of the rehabilitation of the lower Truckee River to and 
including the river terminus delta at Pyramid Lake, for the 
benefit of the Pyramid Lake fishery. Such study shall analyze, 
among other relevant factors, the feasibility of: 
(A) restoring riparian habitat and vegetative cover; 
(B) stabilizing the course of the Truckee River to mini-
mize erosion; 
(C) improving spawning and migratory habitat for the 
cui-ui; 
(D) improving spawning and migratory habitat for the 
Lahontan cutthroat trout; and 
(E) improving or replacing existing facilities, or creating 
new facilities, to enable the efficient passage of cui-ui and 
Lahontan cutthroat trout through or around the delta at 
the mouth of the Truckee River, and to upstream reaches 
above Derby Dam, to obtain access to upstream spawning 
habitat. 
(2) There are authorized to be appropriated to the Secretary of 
the Army such funds as are necessary to supplement the on-
going reconnaissance level study, referenced in paragraph (1), to 
address and report on the activities and facilities described in 
that paragraph. 
(c) ACQUISITION OF WATER RIGHTS.— 
(1) The Secretary is authorized to acquire water and water 
rights, with or without the lands to which such rights are 
appurtenant, and to transfer, hold, and exercise such water and 
water rights and related interests to assist the conservation and 
recovery of the Pyramid Lake fishery in accordance with the 
provisions of this subsection. Water rights acquired under this 
subsection shall be exercised in a manner consistent with the 
Operating Agreement and the Preliminary Settlement Agree-
ment as modified by the Ratification Agreement and, to the 
maximum extent practicable, used for the benefit of the Pyra-
mid Lake fishery and shall not be sold, exchanged, or otherwise 
disposed of except to the benefit of the Pyramid Lake fishery. 
(2) Acquisition of water rights and related interests pursuant 
to this subsection shall be subject to the following conditions: 
(A) water rights acquired must satisfy eligibility criteria 
adopted by the Secretary; 
(B) water right purchases shall be only from willing 
sellers, but the Secretary may target purchases in areas 
deemed by the Secretary to be most beneficial to such a 
purchase program; 
(C) prior to acquiring any water or water rights in the 
State of California for the Pyramid Lake fishery, the Sec-
retary shall first consult with the Governor of California 
and prepare a record of decision on the basis of such 
consultation; 
(D) all water rights shall be transferred in accordance 
with any applicable State law; and 
Appropriation 
authorization. 
Reports. 
Records. 
104 STAT. 3314 
PUBLIC LAW 101-618—NOV. 16, 1990 
(E) water rights acquired by the Secretary shall be man-
aged by the Secretary in consultation with the Pyramid 
Lake Tribe and affected interests. 
(3) Nothing in this subsection shall be construed as limiting or 
affecting the authority of the Secretary to acquire water and 
water rights under other applicable laws. 
(4) The Secretary is authorized to reimburse non-Federal 
entities for reasonable and customary costs for operation and 
maintenance of the Newlands Project associated with the deliv-
ery of water in carrying out the provisions of this subsection. 
Reports. 
(5) Consistent with fulfillment of this section and not as a 
precondition thereto, the Secretary shall study and report on 
the social, economic, and environmental effects of the water 
rights purchase program authorized by this section. This study 
may be conducted in coordination with the studies authorized 
by paragraph 206(aX4) and subsection 209(c) of this title, and 
shall be reported to the Committees on Energy and Natural 
Resources, Environment and Public Works, and Appropriations 
of the Senate, and the Committees on Interior and Insular 
Affairs, Merchant Marine and Fisheries, and Appropriations of 
the House of Representatives not later than three years after 
the date of enactment of this title, 
(d) USE OF STAMPEDE AND PROSSER RESERVOIRS.— 
(1) The rights of the United States to store water in Stampede 
Reservoir shall be used by the Secretary for the conservation of 
the P5a-amid Lake fishery, except that such use must be consist-
ent with the Preliminary Settlement Agreement as modified by 
the Ratification Agreement, the Operating Agreement, and the 
mitigation agreement specified in subparagraph 205(aXlXC) of 
this title. 
(2) The rights of the United States to store water in Prosser 
Creek Reservoir shall be used by the Secretary as may be 
required to restore and maintain the Pyramid Lake fishery 
pursuant to the Endangered Species Act, as amended, except 
that such use must be consistent with the Tahoe-Prosser Ex-
change Agreement, the Preliminary Settlement Agreement as 
modified by the Ratification Agreement, the Operating Agree-
ment, and the mitigation agreement specified in subparagraph 
205(aXlXC) of this title. 
(3) Nothing in this subsection shall prevent exchanges of such 
water or the use of the water stored in or released from these 
reservoirs for coordinated non-consumptive purposes, including 
recreation, instream beneficial uses, and generation of hydro-
electric power. Subject to the Secretary's obligations to use 
water for the Pyramid Lake fishery, the Secretary is authorized 
to use storage capacity in the Truckee River reservoirs, 
including Stampede and Prosser Creek reservoirs, for storage of 
non-project water, including, but not limited to, storage of 
California's Truckee River basin surface water allocation, 
through negotiation of appropriate provisions for storage of 
such water in the Operating Agreement. To the extent it is not 
necessary for the Pyramid Lake fishery, the Secretary may 
allow Truckee River reservoir capacity dedicated to Washoe 
Project water to be used for exchanges of water or water rights, 
and to enable conjunctive use. In carrying out the provisions of 
this subsection, the Secretary shall comply with all applicable 
provisions of State law. 
PUBLIC LAW 101-618—NOV. 16, 1990 
104 STAT. 3315 
(e) OFFSETTING FLOWS.—Additional flows in the Truckee River and 
to Pyramid Lake resulting from the implementation of subsection 
206(c) of this title are intended to offset any reductions in those 
flows which may be attributable to the allocations to California or 
Nevada under section 204 of this title or to the waivers in sections 8 
and 21 of article II of the Preliminary Settlement Agreement as 
modified by the Ratification Agreement. 
SEC. 208. PYRAMID LAKE FISHERIES AND DEVELOPMENT FUNDS. 
(a) FUNDS ESTABLISHED.— 
(1) There are hereby established within the Treasury of the 
United States the "Pyramid Lake Paiute Fisheries Fund" and 
"Pyramid Lake Paiute Economic Development Fund". 
(2) There is authorized to be appropriated to the Pyramid 
Lake Paiute Fisheries Fund $25,000,000. 
(A) The principal of the Pyramid Lake Paiute Fisheries 
Fund shall be unavailable for withdrawal. 
(B) Interest earned on the Pyramid Lake Paiute Fisheries 
Fund shall be available to the Pyramid Lake Tribe only for 
the purposes of operation and maintenance of fishery facili-
ties at Pyramid Lake, excluding Marble Bluff Dam and 
Fishway, and for conservation of the Pyramid Lake fishery 
in accordance with plans prepared by the Pyramid Lake 
Tribe in consultation with and the concurrence of the 
United States Fish and Wildlife Service and approved by 
the Secretary. Of interest earned annually on the principal, 
25 percent per year, or an amount which, in the sole 
judgment of the Secretary of the Treasury, is sufficient to 
maintain the principal of the fund at $25,000,000 in 1990 
constant dollars, whichever is less, shall be retained in the 
fund as principal and shall not be available for withdrawal. 
Deposits of earned interest in excess of that amount may be 
made at the discretion of the Pyramid Lake Tribe, and all 
such deposits and associated interest shall be available for 
withdrawal. 
(C) All sums deposited in, accruing to, and remaining in 
the Pyramid Lake Paiute Fishery Fund shall be invested by 
the Secretary and the Secretary of the Treasury in interest-
bearing deposits and securities in accordance with the Act 
of June 24, 1988, 52 Stat. 1037. Interest earnings not ex-
pended, added to principal, or obligated by the Pyramid 
Lake Tribe in the year in which such earnings accrue to the 
fund or in the four years that immediately follow shall be 
credited to the fund established under subsection 206(f) of 
this title. 
(D) Subject to subparagraph (E) of this paragraph, the 
Secretary and the Secretary of the Treasury shall allocate 
and make available to the Pyramid Lake Tribe such eligible 
moneys from the Pyramid Lake Fishery Fund as are re-
quested by the Pyramid Lake Tribe to carry out plans 
developed under subparagraph (B) of this paragraph. 
(E) The Secretary and the Secretary of the Treasury shall 
not disburse moneys from the Pyramid Lake Paiute Fishery 
Fund until such time as the following conditions have been 
met: 
(i) The Pyramid Lake Tribe has released any and all 
claims of any kind whatsoever against the United 
Appropriation 
authorization. 
Investments. 
104 STAT. 3316 
PUBLIC LAW 101-618—NOV. 16, 1990 
Appropriation 
authorization. 
Investments. 
Investments. 
States for damages to the Pyramid Lake fishery result-
ing from the Secretary's acts or omissions prior to the 
date of enactment of this title; and 
(ii) The Pyramid Lake Tribe has assumed financial 
responsibility for operation and maintenance of the 
fishery facilities located at Pyramid Lake for the bene-
fit of the Pyramid Lake fishery, excluding the Marble 
Bluff Dam and Fishway. 
(3) There is authorized to be appropriated to the Pyramid 
Lake Paiute Economic Development Fund $40,000,000 in five 
equal annual installments in the 1993, 1994, 1995, 1996, and 
1997 fiscal years. 
(A) The principal and interest of the Pyramid Lake 
Paiute Economic Development Fund shall be available for 
tribal economic development only in accordance with a plan 
developed by the Pyramid Lake Tribe in consultation with 
the Secretary. The objectives of the plan shall be to develop 
long-term, profit-making opportunities for the Pyramid 
Lake Tribe and its members, to create optimum employ-
ment opportunities for tribal members, and to establish a 
high quality recreation area at Pyramid Lake using the 
unique natural and cultural resources of the Pyramid Lake 
Indian Reservation. The plan shall be consistent with the 
fishery restoration goals of section 207 of this title. The plan 
may be revised and updated by the Pyramid Lake Tribe in 
consultation with the Secretary. 
(B) The Pyramid Lake Tribe shall have complete discre-
tion to invest and manage the Pyramid Lake Paiute Eco-
nomic Development Fund, except that no portion of the 
principal shall be used to develop, operate, or finance any 
form of gaming or gambling, except as may be provided by 
the Indian Gaming Regulatory Act, Public Law 100-497 
(102 Stat. 2467), and the United States shall not bear any 
obligation or liability regarding the investment, manage-
ment, or use of such funds that the Pyramid Lake Tribe 
chooses to invest, manage, or use. 
(C) If the Pyramid Lake Tribe so requests, all sums 
deposited in, accruing to, and remaining in the Pyramid 
Lake Paiute Economic Development Fund shall be invested 
by the Secretary and the Secretary of the Treasury in 
interest-bearing deposits and securities in accordance with 
the Act of June 24, 1938, 52 Stat. 1037. All such interest 
shall be added to the Pyramid Lake Paiute Economic Devel-
opment Fund. 
(D) The Secretary and the Secretary of the Treasury shall 
allocate and make available to the Pyramid Lake Tribe 
such moneys from the Pyramid Lake Economic Develop-
ment Fund as are requested by the Pyramid Lake Tribe, 
except that no disbursements shall be made to the Pyramid 
Lake Tribe unless and until the Pyramid Lake Tribe adopts 
and submits to the Secretary the economic development 
plan described in subparagraph (A) of this paragraph, and 
section 204, the Preliminary Settlement Agreement as 
modified by the Ratification Agreement, and the Operating 
Agreement enter into effect in accordance with the terms of 
subsection 210(a) of this title. 
PUBLIC LAW 101-618—NOV. 16, 1990 
104 STAT. 3317 
(4) Under no circumstances shall any part of the principal of 
the funds established under this section be distributed to mem-
bers of the Pyramid Lake Tribe on a per capita basis. 
(5) If, and to the extent that any portion of the sum au-
thorized to be appropriated in paragraph 208(a)(2) is appro-
priated after fiscal year 1992, or in a lesser amount, there shall 
be deposited in the Pyramid Lake Paiute Fisheries Fund, sub-
ject to appropriations, in addition to the full contribution to the 
Pyramid Lake Paiute Fisheries Fund, an adjustment represent-
ing the interest income as determined by the Secretary in his 
sole discretion that would have been earned on any unpaid 
amount had the amount authorized in paragraph 208(a)(2) been 
appropriated in full for fiscal year 1992. 
(6) If and to the extent that any portion of the sums au-
thorized to be appropriated in paragraph 208(a)(3) are appro-
priated after fiscal years 1993, 1994, 1995, 1996, and 1997, or in 
lesser amounts than provided by paragraph 208(a)(3), there shall 
be deposited in the Pyramid Lake Paiute Economic Develop-
ment Fund, subject to appropriations, in addition to the full 
contributions to the Pyramid Lake Paiute Economic Develop-
ment Fund, an adjustment representing the interest income as 
determined by the Secretary in his sole discretion that would 
have been earned on any unpaid amounts had the amounts 
authorized in paragraph 208(a)(3) been appropriated in full for 
fiscal years 1993,1994,1995,1996, and 1997. 
SEC. 209. NEWLANDS PROJECT IMPROVEMENT. 
(a) EXPANSION OF AUTHORIZED PURPOSES.— 
(1) In addition to the existing irrigation purpose of the 
Newlands Reclamation Project, the Secretary is authorized to 
operate and maintain the project for the purposes of: 
(A) fish and wildlife, including endangered and threat-
ened species; 
(B) municipal and industrial water supply in Lyon and 
Churchill counties, Nevada, including the Fallon Indian 
Reservation; 
(C) recreation; 
(D) water quality; and 
(E) any other purposes recognized as beneficial under the 
law of the State of Nevada. 
(2) Additional uses of the Newlands Project made pursuant to 
this section shall have valid water rights and, if transferred, 
shall be transferred in accordance with State law. 
(b) TRUCKEE RIVER DIVERSIONS.—The Secretary shall not imple-
ment any provision of this title in a manner that would: 
(1) increase diversions of Truckee River water to the 
Newlands Project over those allowed under applicable operating 
criteria and procedures; or 
(2) conflict with applicable court decrees. 
(c) PROJECT EFFICIENCY STUDY.— 
(1) The Secretary shall study the feasibility of improving the 
conveyance efficiency of Newlands Project facilities to the 
extent that, within twelve years after the date of enactment of 
this title, on average not less than seventy-five percent of actual 
diversions under applicable operating criteria and procedures 
shall be delivered to satisfy the exercise of water rights within 
the Newlands Project for authorized project purposes. 
104 STAT. 3318 
PUBLIC LAW 101-618—NOV. 16, 1990 
Reports. 
Reports. 
Reports. 
(2) The Secretary shall consider the effects of the measures 
required to achieve such efficiency on groundwater resources 
and wetlands in the Newlands Project area. The Secretary shall 
report the results of such study to the Committees on Energy 
and Natural Resources, Environment and Public Works, and 
Appropriations of the Senate and the Committees on Interior 
and Insular Affairs, Merchant Marine and Fisheries, and 
Appropriations of the House of Representatives not later than 
three years after the date of enactment of this title. 
(d) WATER BANK.—The Secretary, in consultation with the State of 
Nevada and the operator of the Newlands Project, is authorized to 
use and enter into agreements to allow water right holders to use 
Newlands Project facilities in Nevada, where such facilities are not 
otherwise committed or required to fulfill project purposes or other 
Federal obligations, for supplying carryover storage of irrigation 
and other water for drought protection and other purposes, consist-
ent with subsections (a) and (b) of this section. The use of such water 
shall be consistent with and subject to applicable State laws. 
(e) RECREATION STUDY.—The Secretary, in consultation with the 
State of Nevada, is authorized to conduct a study to identify 
administrative, operational, and structural measures to benefit rec-
reational use of Lahontan Reservoir and the Carson River down-
stream of Lahontan Dam. Such study shall be reported to the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Interior and Insular Affairs of the House of 
Representatives. 
(f) EFFLUENT REUSE STUDY.—The Secretary, in cooperation with 
the Administrator of the Environmental Protection Agency, the 
State of Nevada, and appropriate local entities, shall study the 
feasibility of reusing municipal wastewater for the purpose of wet-
land improvement or creation, or other beneficial purposes, in the 
areas of Fernley, Nevada, the former Lake Winnemucca National 
Wildlife Refuge, and the Lahontan Valley. The Secretary shall 
coordinate such studies with other efforts underway to manage 
wastewater from the Reno and Sparks, Nevada, area and to improve 
Truckee River and Pyramid Lake water quality. Such study shall be 
reported to the Committees on Energy and Natural Resources, 
Environment and Public Works, and Appropriations of the Senate 
and the Committees on Interior and Insular Affairs, Merchant 
Marine and Fisheries, and Appropriations of the House of 
Representatives. 
(g) REPAYMENT CANCELLATION.—Notwithstanding any other provi-
sion of law, the Secretary may cancel all repayment obligations 
owing to the Bureau of Reclamation by the Truckee-Carson Irriga-
tion District. As a precondition for the Secretary to cancel such 
obligations, the Truckee-Carson Irrigation District shall agree to 
collect all such repayment obligations and use such funds for water 
conservation measures. For the purpose of this subsection and para-
graph 209(h)(2), the term "water conservation measures" shall not 
include repair, modification, or replacement of Derby Dam. 
(h) SETTLEMENT OF CLAIMS.— 
(1) The provisions of subsections 209 (d), (e), (f), and (g) of this 
section shall not become effective unless and until the Truckee-
Carson Irrigation District has entered into a settlement agree-
ment with the Secretary concerning claims for recoupment of 
water diverted in excess of the amounts permitted by applicable 
operating criteria and procedures. 
PUBLIC LAW 101-618—NOV. 16, 1990 
104 STAT. 3319 
(2) The provisions of subsection 209(g) of this section shall not 
become effective unless and until the State of Nevada provides 
not less than $4,000,000 for use in implementing water con-
servation measures pursuant to the settlement described in 
paragraph (1) of this subsection. 
(3) The Secretary is authorized to expend such sums as may 
be required to match equally the sums provided by the State of 
Nevada under paragraph (2) of this subsection. Such sums shall 
be available for use only in implementing water conservation 
measures pursuant to the settlement described in paragraph (1) 
of this subsection. 
(i) FISH AND WILDLIFE.—The Secretary shall, insofar as is consist-
ent with project irrigation purposes and applicable operating 
criteria and procedures, manage existing Newlands Project re-regu-
latory reservoirs for the purpose of fish and wildlife. 
(j) OPERATING CRITERIA AND PROCEDURES.— 
Courts. 
(1) In carrying out the provisions of this title, the Secretary 
shall act in a manner that is fully consistent with the decision 
in the case of Pyramid Lake Paiute Tribe of Indians v. Morton, 
354 F. Supp. 252 (D. D.C. 1973). 
(2) Notwithstanding any other provision of law, the operating 
criteria and procedures for the Newlands Reclamation Project 
adopted by the Secretary*on April 15, 1988 shall remain in 
effect at least through December 31, 1997, unless the Secretary 
decides, in his sole discretion, that changes are necessary to 
comply with his obligations, including those under the Endan-
gered Species Act, as amended. Prior to December 31, 1997, no 
court or administrative tribunal shall have jurisdiction to set 
aside any of such operating criteria and procedures or to order 
or direct that they be changed in any way. All actions taken 
heretofore by the Secretary under any operating criteria and 
procedures are hereby declared to be valid and shall not be 
subject to review in any judicial or administrative proceeding, 
except as set forth in paragraph (3) of this subsection. 
(3) The Secretary shall henceforth ensure compliance with all 
of the provisions of the operating criteria and procedures ref-
erenced in paragraph (2) of this subsection or any applicable 
provision of any other operating criteria or procedures for the 
Newlands Project previously adopted by the Secretary, and 
shall, pursuant to subsection 709(h) or judicial proceeding, 
pursue recoupment of any water diverted from the Truckee 
River in excess of the amounts permitted by any such operating 
criteria and procedures. The Secretary shall have exclusive 
authority and responsibility to pursue such recoupment, except 
that, if an agreement or order leading to such recoupment is not 
in effect as of December 31, 1997, any party with standing to 
pursue such recoupment prior to enactment of this title may 
pursue such recoupment thereafter. Any agreement or court 
order between the Secretary and other parties concerning 
recoupment of Truckee River water diverted in violation of 
applicable operating criteria and procedures shall be consistent 
with the requirements of this subsection and the Endangered 
Species Act, as amended, and shall be submitted for the review 
and approval of the court exercising jurisdiction over the 
operating criteria and procedures for the Newlands Project. All 
interested parties may participate in such review. In any 
recoupment action brought by any party, other than the Sec-
104 STAT. 3320 
PUBLIC LAW 101-618-NOV. 16, 1990 
retary, after December 31, 1997, the only relief available from 
any court of the United States will be the issuance of a declara-
tory judgment and injunctive relief directing any unlawful user 
of water to restore the amount of water unlawfully diverted. In 
no event shall a court enter any order in such a proceeding that 
will result in the expenditure of any funds out of the United 
States Treasury. 
SEC. 210. MISCELLANEOUS PROVISIONS. 
"^ 
(a) CLAIMS SETTLEMENT.— 
(1) The effectiveness of section 204 of this title, the Prelimi-
nary Settlement Agreement as modified by the Ratification 
Agreement, the Operating Agreement, and the Secretary's 
authority to disburse funds under paragraph 208(aX3) of this 
title are contingent upon dismissal with prejudice or other final 
resolution, with respect to the parties to the Preliminary Settle-
ment Agreement as modified by the Ratification Agreement 
and the State of Nevada and the State of California, of the 
following outstanding litigation and proceedings: 
(A) Pyramid Lake Paiute Tribe v. California, Civ. S-
181-378-RAR-RCB, United States District Court, Eastern 
District of California; 
(B) United States v. Truckee-Carson Irrigation District, 
Civ. No. R-2987-RCB, United States District Court, District 
of Nevada; 
(C) Pyramid Lake Paiute Tribe v. Lujan, Civ. S-87-
1281-LKK, United States District Court, Eastern District of 
California; 
(D) Pyramid Lake Paiute Tribe v. Department of the 
Navy, Civ. No. R-86-115-BRT in the United States District 
Court, District of Nevada and Docket No. 88-1650 in the 
United States Court of Appeals for the Ninth Circuit; and 
(E) All pending motions filed by the Tribe in Docket No. 
E-9530 before the Federal Energy Regulatory Commission. 
Effective dates. 
(2) In addition to any other conditions on the effectiveness of 
this title set forth in this title, the provisions of: 
(A) section 204, subsections 206(c), 207 (c) and (d), subpara-
graph 208(a)(3)(D), and paragraph 210(aX3) of this title shall 
not take effect until: 
(i) the agreements and regulations required under 
section 205 of this title, including the Truckee Meadows 
water conservation plan referenced in the Preliminary 
Settlement Agreement as modified by the Ratification 
Agreement, enter into effect; 
(ii) the outstanding claims described in paragraph 
210(aXl) have been dismissed with prejudice or other-
wise finally resolved; 
(B) section 204 of this title, the Preliminary Settlement 
Agreement as modified by the Ratification Agreement, and 
the Operating Agreement, shall not take effect until the 
Pyramid Lake Tribe's claim to the remaining waters of the 
Truckee River which are not subject to vested or perfected 
rights has been finally resolved in a manner satisfactory to 
the State of Nevada and the Pyramid Lake Tribe; and 
(C) section 204 of this title, the Preliminary Settlement 
Agreement as modified by the Ratification Agreement, the 
Operating Agreement, and subsection 207(d) shall not take 
PUBLIC LAW 101-618—NOV. 16, 1990 
104 STAT. 3321 
effect until the funds authorized in paragraph 208(a)(3) of 
this title have been appropriated. 
(3) On and after the effective date of section 204 of this title, 
except as otherwise specifically provided herein, no person or 
entity who has entered into the Preliminary Settlement Agree-
ment as modified by the Ratification Agreement or the Operat-
ing Agreement, or accepted any benefits or payments under this 
legislation, including any Indian Tribe and the States of Califor-
nia and Nevada, the United States and its officers and agencies 
may assert in any judicial or administrative proceeding a claim 
that is inconsistent with the allocations provided in section 204 
of this title, or inconsistent or in conflict with the operational 
criteria for the Truckee River established pursuant to section 
205 of this title. No person or entity who does not become a 
party to the Preliminary Settlement Agreement as modified by 
the Ratification Agreement or the Operating Agreement may 
assert in any judicial or administrative proceeding any claim for 
water or water rights for the Pyramid Lake Tribe, the Pyramid 
Lake Indian Reservation, or the Pyramid Lake fishery. Any 
such claims are hereby barred and extinguished and no court of 
the United States may hear or consider any such claims by such 
persons or entities. 
Qo) GENERAL PROVISIONS.— 
(1) Subject to the provisions of paragraphs (2) and (3) of this 
subsection, and to all existing property rights or interests, all of 
the trust land within the exterior boundaries of the Pyramid 
Lake Indian Reservation shall be permanently held by the 
United States for the sole use and benefit of the Pyramid Lake 
Tribe. 
(2) Anaho Island in its entirety is hereby recognized as part of 
the Pyramid Lake Indian Reservation. In recognition of the 
consent of the Pjrramid Lake Tribe evidenced by Resolution No. 
19-90 of the Pyramid Lake Paiute Tribal Council, all of Anaho 
Island shall hereafter be managed and administered by and 
under the primary jurisdiction of the United States Fish and 
Wildlife Service as an integral component of the National Wild-
life Refuge System for the benefit and protection of colonial 
nesting species and other migratory birds. Anaho Island Na-
tional Wildlife Refuge shall be managed by the United States 
Fish and Wildlife Service in accord with the National Wildlife 
Refuge System Administration Act, as amended, and other 
applicable provisions of Federal law. Consistent with the Na-
tional Wildlife Refuge System Administration Act, as amended, 
the Director of the United States Fish and Wildlife Service is 
authorized to enter into cooperative agreements with the Pyra-
mid Lake Tribe regarding Anaho Island National Wildlife 
Refuge. 
(3) Subject to the relinquishment by the legislature of the 
State of Nevada of any claim the State of Nevada may have to 
ownership of the beds and banks of the Truckee River within 
the exterior boundaries of the Pyramid Lake Indian Reserva-
tion and of Pyramid Lake, those beds and banks are recognized 
as part of the Pyramid Lake Indian Reservation and as being 
held by the United States in trust for the sole use and benefit of 
the Pyramid Lake Tribe. Nothing in this subsection shall be 
deemed to recognize any right, title, or interest of the State of 
Nevada in those beds and banks which it would not otherwise 
104 STAT. 3322 
PUBLIC LAW 101-618—NOV. 16, 1990 
Regulations. 
have. No other provision of this title shall be contingent on the 
effectiveness of this subsection. 
(4) Except as provided in paragraphs (2) and (9) of this subsec-
tion, the Pyramid Lake Tribe shall have the sole and exclusive 
authority to establish rules and regulations governing hunting, 
fishing, boating, and all forms of water based recreation on all 
lands within the Pyramid Lake Indian Reservation except fee-
patented land, provided that the regulation of such activities on 
fee-patented land within the Pyramid Lake Indian Reservation 
shall not be affected by this paragraph. Nothing in this para-
graph shall be deemed to recognize or confer any criminal 
jurisdiction on the Pyramid Lake Tribe or to affect any regu-
latory jurisdiction of the State of Nevada with respect to any 
other matters. 
(5) The consent of the United States is given to the negotia-
tion and execution of an intergovernmental agreement between 
the Pyramid Lake Tribe and the State of Nevada, which agree-
ment may also include Washoe County, Nevada, providing for 
the enforcement by the State of Nevada and Washoe County of 
the rules and regulations referred to in paragraph (4) adopted 
by the Pyramid Lake Tribe governing hunting, fishing, boating, 
and all forms of water based recreation against non-members of 
the Pyramid Lake Tribe and for State courts or other forums of 
the State of Nevada or its political subdivisions to exercise civil 
and criminal jurisdiction over violations of the Pyramid Lake 
Tribe's rules and regulations allegedly committed by such non-
members, except as provided by paragraphs (2) and (9) of this 
subsection. 
(6) The consent of the United States is given to the negotia-
tion and execution of an intergovernmental agreement between 
the Pyramid Lake Tribe and the State of Nevada, which agree-
ment may also include Washoe County, Nevada, providing for 
the enforcement of rules and regulations governing hunting, 
fishing, boating and all forms of water based recreation on fee-
patented land within the Pyramid Lake Indian Reservation, 
except as provided by paragraphs (2) and (9) of this subsection. 
(7) Nothing in this title shall limit or diminish the Federal 
Government's trust responsibility to any Indian Tribe, except 
that this provision shall not be interpreted to impose any 
liability on the United States or its agencies for any damages 
resulting from actions taken by the Pyramid Lake Paiute Tribe 
as to which the United States is not a party or with respect to 
which the United States has no supervisory responsibility. 
(8) Subject to the terms, conditions, and contingencies of and 
relating to the Preliminary Settlement Agreement as modified 
by the Ratification Agreement, the United States on its own 
behalf and in its capacity as trustee to the Pyramid Lake Tribe 
confirms and ratifies the waivers of any right to object to the 
use and implementation of the water supply measures described 
in sections 8 and 21 of article II of the Preliminary Settlement 
Agreement as modified by the Ratification Agreement, and any 
waivers of sovereign immunity given in connection with that 
agreement or the Operating Agreement, upon the entry into 
effect of the Preliminary Settlement Agreement as modified by 
the Ratification Agreement. 
(9) Nothing in this title shall be construed as waiving or 
altering the requirements of any Federal environmental or 
PUBLIC LAW 101-618—NOV. 16, 1990 
104 STAT. 3323 
wildlife conservation law, including, but not limited to, the 
Endangered 
Species 
Act, 
as 
amended, 
including 
the 
consultation and reinitiation of consultation responsibilities of 
the Secretary under section 7 of the Act, and the National 
Environmental Policy Act of 1969. 
(10) Nothing in this title shall be construed to create an 
express or implied Federal reserved water right. 
(11) Nothing in this title shall subject the United States or 
any of its agencies or instrumentalities or any Indian Tribe to 
any State jurisdiction or regulation to which they would not 
otherwise be subject. 
(12) Nothing in this title is intended to abrogate the jurisdic-
tion of or required approvals by the Nevada State Engineer or 
the California State Water Resources Control Board. 
(13) Nothing in this title is intended to affect the power of the 
Orr Ditch court or the Alpine court to ensure that the owners of 
vested and perfected Truckee River water rights receive the 
amount of water to which they are entitled under the Orr Ditch 
decree or the Alpine decree. Nothing in this title is intended to 
alter or conflict with any vested and perfected right of any 
person or entity to use the water of the Truckee River or its 
tributaries, including, but not limited to, the rights of land-
owners within the Newlands Project for delivery of the water of 
the Truckee River to Derby Dam and for the diversion of such 
waters at Derby Dam pursuant to the Orr Ditch decree or any 
applicable law. 
(14) No single provision or combination of provisions in this 
title, including interstate allocations under section 204, or asso-
ciated agreements which may adversely affect inflows of water 
to Pyramid Lake shall form the basis for additional claims of 
water to benefit Pyramid Lake, the Pyramid Lake fishery, or 
lands within the Pyramid Lake Indian Reservation. 
(15) Nothing in this title shall affect any claim of Federal 
reserved water rights, if any, to the Carson River or its tribu-
taries for the benefit of lands within the Fallon Indian 
Reservation. 
(16) The Secretary, in consultation with the State of Nevada 
and affected local interests, shall undertake appropriate meas-
ures to address significant adverse impacts, identified by studies 
authorized by this title, on domestic uses of groundwater 
directly resulting from the water purchases authorized by this 
title. 
(17) It is hereby declared that after August 26, 1935, and prior 
to the date of enactment of this title, there was no construction 
within the meaning of section 23(b) of the Federal Power Act, as 
amended, at the four run-of-river hydroelectric project works 
owned by Sierra Pacific Power Company and located on the 
Truckee River. Notwithstanding any other provision of law, 
after the date of enactment of this title, development of addi-
tional generating capacity at such project works that is accom-
plished through replacement of turbine generators 
and 
increases in effective head shall not constitute construction 
within the meaning of section 23(b) of the Federal Power Act, as 
amended: Provided, That such development may not change the 
location of or increase any existing impoundments and may not 
require diversions of water in excess of existing water rights for 
such project works: And provided further, That the diversions of 
104 STAT. 3324 
PUBLIC LAW 101-618—NOV. 16, 1990 
water for the operation of such project works shall be consistent 
with the Preliminary Settlement Agreement as modified by the 
Ratification Agreement, and the Operating Agreement. The 
Secretary shall take into account the monetary value of this 
provision to the Sierra Pacific Power Company in calculating 
the storage charge referred to in paragraph 205(a)(6). 
Public lands. 
(18) The Secretary is authorized, in accordance with this 
section and applicable provisions of existing law, to exchange 
surveyed public lands in Nevada for interests in fee patented 
lands, water rights, or surface rights to lands within or contig-
uous to the exterior boundaries of the Pyramid Lake Indian 
Reservation. The values of the lands or interests therein 
exchanged by the Secretary under this paragraph shall be 
substantially equal, but the Secretary is authorized to accept 
monetary payments from the owners of such fee patented lands, 
water rights, or surface rights as circumstances may require in 
order to compensate for any difference in value. Any such 
payments shall be deposited to the Treasury. The value of 
improvements on land to be exchanged shall be given due 
consideration and an appropriate allowance shall be made 
therefor in the valuation. Title to lands or any interest therein 
acquired by the Secretary pursuant to this subsection shall be 
taken in the name of the United States in trust for the Pyramid 
Lake Tribe and shall be added to the Pyramid Lake Indian 
Reservation. 
(c) APPROPRIATIONS AUTHORIZED.—There are authorized to be 
appropriated such sums as may be required to implement the 
provisions of this title. 
Approved November 16, 1990. 
LEGISLATIVE HISTORY—S. 3084: 
SENATE REPORTS: No. 101-555 (Select Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Oct. 26, considered and passed Senate. 
Oct. 27, considered and passed House.