,,ii ,calendar ,no4 #dhd #aacth ,,congress #b;d ,session ,h4 ,r4 #cgaf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bc1 #bjad,received2 read twice and placed on the calendar ,,an ,,act ,to ratify a water settlement agreement affecting the ,pyramid ,lake ,paiute ,tribe1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,pyramid ,lake ,paiute ,tribe - ,fish ,springs ,ranch ,settlement ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,ratification of agreement4 ,sec4 #d4 ,waiver and releases of claims4 ,sec4 #e4 ,satisfaction of claims4 ,sec4 #f4 ,beneficiaries to agreement4 ,sec4 #g4 ,jurisdiction4 ,sec4 #h4 ,environmental compliance4 ,sec4 #i4 ,miscellaneous provisions4 #b4 ,definitions ,in this ,act3 7#a7 ,original agreement ,the term ,original ,agreement means the ,pyramid ,lake ,paiute ,tribe ,fish ,springs ,ranch ,settlement ,agreement dated ,may #cj1 #bjjg1 entered into by the ,tribe and ,fish ,springs 7including all exhibits to that agreement74 7#b7 ,agreement ,the term ,agreement means the ,pyramid ,lake ,paiute ,tribe-,fish ,springs ,ranch #bjac ,supplement to the #bjjg ,settlement ,agreement dated ,november #bj1 #bjac1 entered into by the ,tribe and ,fish ,springs1 and all exhibits to that ,agreement4 7#c7 ,environmental impact statement ,the term environmental impact statement means the final environmental impact statement for the ,north ,valleys ,rights-of-,way ,projects prepared by the ,bureau of ,land ,management 7#gj ,fed4 ,reg4 #fhdgc74 7#d7 ,final payment date ,the term final payment date means #cj days after the date on which the ,tribe executes the waivers1 as authorized in section #d1 on or before which ,fish ,springs shall pay to the ,tribe the #c1fjj1jjj and accumulated interest pursuant to subparagraph #d4b of the ,agreement4 7#e7 ,fish springs ,the term ,fish ,springs means the ,fish ,springs ,ranch1 ,,llc1 a ,nevada limited liability company 7or a successor in interest74 7#f7 ,fish springs water rights ,the term ,fish ,springs water rights means the #ad1ajh acre feet of water available to ,fish ,springs pursuant to certificates of water rights issued to ,fish ,springs or its predecessors in interest by the ,state ,engineer for the ,state of ,nevada1 copies of which are attached as ,exhibit ,g to the ,original ,agreement4 7#g7 ,additional fish springs water rights ,the term additional ,fish ,springs water rights means the rights to pump and transfer up to #e1jjj acre feet per year of ,fish ,springs water rights in excess of #h1jjj acre feet per year1 up to a total of #ac1jjj acre feet per year1 pursuant to ,ruling ,no4 #cghg signed by the ,state ,engineer for the ,state of ,nevada on ,march #a1 #aiia1 and ,supplemental ,ruling on ,remand ,no4 #cghg;,a signed by the ,state ,engineer for the ,state of ,nevada on ,october #i1 #aiib4 7#h7 ,honey lake valley basin ,the term ,honey ,lake ,valley ,basin means the ,honey ,lake ,valley ,hydrographic ,basin described as ,nevada ,hydrographic ,water ,basin #ig4 7#i7 ,project ,the term ,project means the project for pumping within ,honey ,lake ,valley ,basin and transfer outside of the basin by ,fish ,springs of not more than #ac1jjj acre feet per year of ,fish ,springs water rights1 including-- 7,a7 not more than #h1jjj acre feet as described in the environmental impact statement 7but not the ,intermountain ,water ,supply1 ,ltd41 ,project described in the environmental impact statement7 and the record of decision2 7,b7 up to the #e1jjj acre feet of additional ,fish ,springs water rights2 and 7,c7 the rights and approvals for ,fish ,springs to pump and transfer up to said #ac1jjj acre feet of groundwater per year4 7#aj7 ,record of decision ,the term record of decision means the public record of the decision of the ,district ,manager of the ,united ,states ,bureau of ,land ,management's ,carson ,city ,district in the ,state of ,nevada issued on ,may #ca1 #bjjf1 regarding the environmental impact statement and the ,project4 7#aa7 ,secretary ,the term ,secretary means the ,secretary of the ,interior 7or a designee of the ,secretary74 7#ab7 ,tribe ,the term ,tribe means the ,pyramid ,lake ,paiute ,tribe of ,indians organized under section #af of the ,act of ,june #ah1 #aicd 7commonly known as the ,indian ,reorganization ,act2 #be ,u4,s4,c4 #dgf74 7#ac7 ,truckee river operating agreement ,the term ,truckee ,river ,operating ,agreement means-- 7,a7 the ,september #f1 #bjjh1 ,truckee ,river ,operating ,agreement negotiated for the purpose of carrying out the terms of the ,truckee-,carson-,pyramid ,lake ,water ,rights ,settlement ,act 7,public ,law #aja-fah72 and 7,b7 any final1 signed version of the ,truckee ,river ,operating ,agreement that becomes effective under the terms of the ,truckee-,carson-,pyramid ,lake ,water ,rights ,settlement ,act4 #c4 ,ratification of agreement 7a7 ,in general ,except to the extent that a provision of the ,agreement conflicts with this ,act1 the ,agreement is authorized and ratified4 7b7 ,waiver and retention of claims ,notwithstanding any provision of the ,agreement1 any waiver or retention of a claim by the ,tribe relating to the ,agreement shall be carried out in accordance with section #d4 7c7 ,compliance with applicable law ,this section1 the ,original ,agreement1 and the ,agreement satisfy all applicable requirements of section #baaf of the ,revised ,statutes 7#be ,u4,s4,c4 #agg74 #d4 ,waiver and releases of claims 7a7 ,waiver and release of claims by tribe against fish springs ,in return for benefits to the ,tribe as set forth in the ,original ,agreement1 the ,agreement1 and this ,act1 the ,tribe1 on behalf of itself and the members of the ,tribe1 is authorized to execute a waiver and release against ,fish ,springs of the following3 7#a7 ,all rights under ,federal1 ,state1 and other law to challenge the validity1 characteristics1 or exercise of the ,project or use of ,fish ,springs water rights 7including additional ,fish ,springs water rights71 including the right to assert a senior priority against or to place a call for water on the ,project or ,fish ,springs water rights 7including additional ,fish ,springs water rights7 regardless of the extent to which the ,tribe has a water right or in the future establishes a water right that is senior to the ,project or ,fish ,springs water rights 7including additional ,fish ,springs water rights74 7#b7 ,all claims for damages1 losses1 or injuries to the ,tribe's water rights or claims of interference with1 diversion of1 or taking of the ,tribe's water rights1 including-- 7,a7 claims for injury to lands or resources resulting from such damages1 losses1 injuries1 or interference with1 diversion of1 or taking of tribal water rights under the ,agreement or ,original ,agreement2 and 7,b7 claims relating to the quality of water underlying the ,pyramid ,lake ,indian ,reservation that are related to use of ,fish ,springs water rights 7including additional ,fish ,springs water rights7 by the ,project or the implementation or operation of the ,project in accordance with the ,agreement or ,original ,agreement4 7#c7 ,all claims that would impair1 prevent1 or interfere with one or more of the following3 7,a7 ,implementation of the ,project pursuant to the terms of the ,agreement or ,original ,agreement4 7,b7 ,deliveries of water by the ,project pursuant to the terms of-- 7i7 the ,agreement2 7ii7 the ,original ,agreement2 or 7iii7 the ,february #bh1 #bjjf1 ,water ,banking ,trust ,agreement between ,washoe ,county and ,fish ,springs4 7,c7 ,assignments of water rights credits pursuant to the terms of the ,february #bh1 #bjjf1 ,water ,banking ,trust ,agreement between ,washoe ,county and ,fish ,springs4 7#d7 ,all claims against ,fish ,springs relating in any manner to the negotiation or adoption of the ,agreement or the ,original ,agreement4 7b7 ,reservation of rights and retention of claims by tribe against fish springs ,the ,tribe1 on its own behalf and on behalf of the members of the ,tribe1 shall retain against ,fish ,springs the following3 7#a7 ,all claims for enforcement of the ,agreement1 the ,original ,agreement or this ,act through such remedies as are available in the ,u4,s4 ,district ,court for the ,district of ,nevada4 7#b7 ,subject to the right of ,fish ,springs to carry out the ,project1 and subject to the waiver and release by the ,tribe in subsection 7a7-- 7,a7 the right to assert and protect any right of the ,tribe to surface or groundwater and any other trust resource1 including the right to assert a senior priority against or to place a call for water on any water right other than against the ,project or ,fish ,springs water rights2 7,b7 all rights to establish1 claim or acquire a water right in accordance with applicable law and to use and protect any water right acquired after the date of the enactment of this ,act that is not in conflict with the ,agreement1 the ,original ,agreement or this ,act2 and 7,c7 all other rights1 remedies1 privileges1 immunities1 powers1 and claims not specifically waived and released pursuant to this ,act and the ,agreement4 7#c7 ,the right to enforce-- 7,a7 the ,tribe's rights against any party to the ,truckee ,river ,operating ,agreement2 7,b7 the ,tribe's rights against any party to the ,truckee ,river ,water ,quality ,settlement ,agreement2 and 7,c7 whatever rights exist to seek compliance with any permit issued to any wastewater treatment or reclamation facility treating wastewater generated by users of ,project water4 7#d7 ,the right to seek to have enforced the terms of any permit or right-of-way across ,federal lands issued to ,fish ,springs for the ,project and ,project water4 7c7 ,waiver and release of claims by the tribe against the united states ,in return for the benefits to the ,tribe as set forth in the ,agreement1 the ,original ,agreement1 and this ,act1 the ,tribe1 on behalf of itself and the members of the ,tribe1 is authorized to execute a waiver and release of all claims against the ,united ,states1 including the agencies and employees of the ,united ,states1 related to the ,project and ,fish ,springs water rights 7including additional ,fish ,springs water rights7 that accrued at any time before and on the date that ,fish ,springs makes the payment to the ,tribe as provided in ,paragraph #d of the ,agreement for damages1 losses or injuries that are related to-- 7#a7 the ,project1 ,fish ,springs water rights 7including additional ,fish ,springs water rights71 and the implementation1 operation1 or approval of the ,project1 including claims related to-- 7,a7 loss of water1 water rights1 land1 or natural resources due to loss of water or water rights 7including damages1 losses1 or injuries to hunting1 fishing1 and gathering rights due to loss of water1 water rights or subordination of water rights7 resulting from the ,project or ,fish ,springs water rights 7including additional ,fish ,springs water rights72 7,b7 interference with1 diversion1 or taking of water resulting from the ,project2 or 7,c7 failure to protect1 acquire1 replace1 or develop water1 water rights1 or water infrastructure as a result of the ,project or ,fish ,springs water rights 7including additional ,fish ,springs water rights72 7#b7 the record of decision1 the environmental impact statement1 the ,agreement or the ,original ,agreement2 7#c7 claims the ,united ,states1 acting as trustee for the ,tribe or otherwise1 asserted1 or could have asserted in any past proceeding related to the ,project2 7#d7 the negotiation1 execution1 or adoption of the ,agreement1 the ,original ,agreement1 or this ,act2 7#e7 the ,tribe's use and expenditure of funds paid to the ,tribe under the ,agreement or the ,original ,agreement2 7#f7 the ,tribe's acquisition and use of land under the ,original ,agreement2 and 7#g7 the extinguishment of claims1 if any1 and satisfaction of the obligations of the ,united ,states on behalf of the ,tribe as set forth in subsection 7e74 7d7 ,reservation of rights and retention of claims by tribe against the united states ,notwithstanding the waivers and releases authorized in this ,act1 the ,tribe1 on behalf of itself and the members of the ,tribe1 shall retain against the ,united ,states the following3 7#a7 ,all claims for enforcement of this ,act through such legal and equitable remedies as are available in the ,u4,s4 ,district ,court for the ,district of ,nevada4 7#b7 ,the right to seek to have enforced the terms of any permit or right-of-way across ,federal lands issued to ,fish ,springs for the ,project and ,project water4 7#c7 ,subject to the right of ,fish ,springs to carry out the ,project1 all other rights1 remedies1 privileges1 immunities1 powers1 and claims not specifically waived and released pursuant to this ,act and the ,agreement4 7e7 ,extinguishment of waived and released claims ,upon execution of the waiver and releases by the ,tribe pursuant to subsections 7a7 and 7c7 and upon final payment by ,fish ,springs pursuant to the terms of the ,agreement1 the ,united ,states acting on behalf of the ,tribe shall have no right or obligation to bring or assert any claims waived and released by the ,tribe as set forth in subsection 7a74 ,upon the effective date of the waivers and releases of claims authorized1 the waived and released claims as set forth in subsection 7a7 are extinguished4 7f7 ,no united states liability for waived claims ,the ,united ,states shall bear no liability for claims waived and released by the ,tribe pursuant to this ,act4 7g7 ,united states reservation of rights ,nothing in this ,act shall affect any rights1 remedies1 privileges1 immunities1 or powers of the ,united ,states1 including the right to enforce the terms of the right-of-way across ,federal lands for the ,project granted by the ,secretary to ,fish ,springs pursuant to the ,federal ,lands ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq471 with the exception that the ,united ,states may not assert any claim on the ,tribe's behalf that is extinguished pursuant to subsection 7e74 7h7 ,effective date of waivers and releases of claims ,the waivers and releases authorized under subsections 7a7 and 7c7 shall take effect on the day ,fish ,springs makes the payment to the ,tribe as provided in subparagraph #d4b of the ,agreement4 #e4 ,satisfaction of claims 7a7 ,in general ,the benefits provided to the ,tribe under the ,agreement1 the ,original ,agreement1 and this ,act shall be considered to be full satisfaction of all claims of the ,tribe waived and released pursuant to section #d and pursuant to the ,original ,agreement and any claims the ,united ,states might make on behalf of the ,tribe that are extinguished pursuant to section #d4 7b7 ,effect of failure ,to execute waivers and releases ,if the ,tribe fails to execute the waivers and releases as authorized by this ,act within #fj days after the date of the enactment of this ,act1 this ,act and the ,agreement shall be null and void4 #f4 ,beneficiaries to agreement 7a7 ,requirement ,the beneficiaries to the ,agreement shall be limited to-- 7#a7 the parties to the ,agreement2 7#b7 any municipal water purveyor that provides ,project water for wholesale or retail water service to the area serviced by the ,project2 7#c7 any water purveyor that obtains the right to use ,project water for purposes other than serving retail or wholesale customers2 and 7#d7 any assignee of ,water ,rights ,credits for ,project water pursuant to the terms of the ,february #bh1 #bjjf1 ,water ,banking ,trust ,agreement between ,washoe ,county and ,fish ,springs4 7b7 ,prohibition ,except as provided in subsection 7a71 nothing in the ,agreement or this ,act provides to any individual or entity third-party beneficiary status relating to the ,agreement4 #g4 ,jurisdiction ,jurisdiction over any civil action relating to the enforcement of the ,agreement1 the ,original ,agreement1 or this ,act shall be vested in the ,united ,states ,district ,court for the ,district of ,nevada4 #h4 ,environmental compliance ,nothing in this ,act precludes the ,united ,states or the ,tribe1 when delegated regulatory authority1 from enforcing ,federal environmental laws1 including-- 7#a7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq47 including claims for damages for harm to natural resources2 7#b7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7#c7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7#d7 the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq472 and 7#e7 any regulation implementing one or more of the ,acts listed in paragraphs 7#a7 through 7#d74 #i4 ,miscellaneous provisions 7a7 ,no establishment of standard ,nothing in this ,act establishes a standard for the quantification of a ,federal reserved water right or any other claim of an ,indian tribe other than the ,tribe in any other judicial or administrative proceeding4 7b7 ,other claims ,nothing in the ,agreement1 the ,original ,agreement1 or this ,act quantifies or otherwise adversely affects any water right1 claim1 or entitlement to water1 or any other right of any ,indian tribe1 band1 or community other than the ,tribe4 ,passed the ,house of ,representatives ,july #bb1 #bjad4,karen ,l4 ,haas1,clerk ,july #bc1 #bjad,received2 read twice and placed on the calendar