--S.3084--
S.3084
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day
of January,
one thousand nine hundred and ninety
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,

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This Act may be cited as the `Fallon Paiute Shoshone Indian Tribes Water
Rights Settlement Act of 1990'.

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TITLE I

-FALLON PAIUTE SHOSHONE TRIBAL SETTLEMENT ACT

(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 sellers, 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 such amounts expended
for the purposes identified in this subsection, 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.
(D) The Tribes shall invest, manage, and use the monies appropriated to
the Fund for the purposes set forth in this section in accordance with
the plan developed in consultation with the Secretary under subsection (F)
of this section.
(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 purposes 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 appropriations 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 (C)(1)
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.

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(A) Title to all lands, water rights and related property interests acquired
under section 102(C)(1)(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(C)(1)(e) 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 Reservation
which are served by the Newlands Reclamation Project, including Newlands
Reclamation Project water rights added to the Reservation under subsection
(A) of this section, whether used on the Reservation or transferred and used
off the Reservation pursuant 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, municipal 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 jurisdiction
of the Tribes or the State of Nevada, if any, over the use and transfer of
water rights within the Reservation or off the Reservation, or to create
any express or implied Federal reserved water right.
(F)(1) The Tribes are authorized to acquire by purchase, by exchange 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 resource 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.

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(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 limitation 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 circumstance, changes in project descriptions or
other relevant considerations, in accordance with the requirements of all
applicable court decrees and applicable statutory requirements;
(e) the Tribes agree to be bound by a plan developed and implemented by
the Secretary in accordance with section 106 of this title; and
(f)(1) 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.
(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.

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(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.

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(A) The Secretary, in consultation with the Tribes and in accordance 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 significant environmental problems with that system
and its closure.
(B) The plan shall include measures to provide necessary substitute drainage
in accordance with Bureau of Reclamation standards for reservation lands
in agricultural production as 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 necessary
to carry out the provisions of this section.

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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 principal 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;
(E) the term `Secretary' means the Secretary of the Department 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.

316a17587e99968dcacab3525f3b45f26af33052453d174d15027037b2875143

This title may be cited as the `Truckee-Carson-Pyramid Lake Water Rights
Settlement Act'.

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TITLE II

-TRUCKEE-CARSON-PYRAMID LAKE WATER SETTLEMENT

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 benefits 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 promoting 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.

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For purposes of this title:
(a) the term `Alpine court' means the court having continuing 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 Company, 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-Shoshone Tribe;
(e) the term `Lahontan Valley wetlands' means wetland areas associated with
the Stillwater National Wildlife Refuge, Stillwater Wildlife Management Area,
Carson Lake and Pasture, 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 between the Truckee River and the western boundary of
Section 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 California 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 Chairman, Subcommittee on Water and Power, Committee on Energy and
Natural 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 agreement
is included in the report of the Committee on Energy and Natural Resources
as Appendix 1 to the Committee's report accompanying S. 1554;
(l) 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 Company, 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 Reservoir, Prosser Creek Reservoir,
Martis Reservoir, and Stampede Reservoir; and
(t) the term `1948 Tripartite Agreement' means the agreement 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 establishment, development, operation, and maintenance of Stillwater
National Wildlife Refuge and Management Area, dated November 26, 1948.

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47b4c031b19e2ac567f12730bfdae5fc098dab44efae000cb3dda6705f49ce5f

(a) Operating Agreement-
(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 available in the Lower
Truckee River for the Pyramid Lake fishery in a manner consistent with the
Secretary's responsibilities under the Endangered Species Act, as amended;
(C) carry out the terms, conditions, and contingencies of the Preliminary
Settlement Agreement as modified by the Ratification Agreement. Mitigation
necessary to reduce or avoid significant adverse environmental effects,
if any, of the implementation of the Preliminary Settlement Agreement as
modified by the Ratification 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 modified 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 operation 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, including 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;
(G) procedures for operation of the Truckee River reservoirs 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 necessary modifications in the provisions of the
Orr Ditch decree or the Truckee River General Electric decree. Other affected
parties may be offered the opportunity to execute the Operating Agreement.
(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 necessary, develop and implement a plan to mitigate for
any significant adverse environmental impacts resulting from the Operating
Agreement. Any subsequent changes to the Operating Agreement must be adopted
and promulgated in the same manner as the original Operating Agreement. Any
changes which affect the Preliminary Settlement Agreement as modified
by the Ratification Agreement must also be approved by the signatories
thereto. Judicial review of any such promulgation of the Operating Agreement
may be had by any aggrieved party in the  United States District Court for
the Eastern District of California or the  United States District Court
for District of Nevada. A request for review must be filed not later than
90 days after the promulgation of the Operating Agreement 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 necessary 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.
(7) As provided in the Preliminary Settlement Agreement as modified by the
Ratification Agreement, firm and non-firm 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 conditions 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 condition exists.
(8) Subject to the terms and conditions of the Preliminary Settlement
Agreement as modifed by the Ratification Agreement, 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 and 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 species or result in
the destruction or adverse modification of any designated critical habitat
of such species.
(b) AUTHORIZATION FOR USE OF WASHOE PROJECT FACILITIES, TRUCKEE RIVER
STORAGE FACILITIES, AND LAKE TAHOE DAM AND RESERVOIR-
(1) The Secretary is authorized to use Washoe Project facilities, 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(a)(6) 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 Pyramid 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 Preliminary 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 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 Watasheamu site, together with other necessary works for
impoundment, diversion, and delivery of water, generation and transmission
of hydroelectric power, and drainage of lands as conferred to the Secretary
in the Act of August 1, 1956, 70 Stat. 775, is hereby revoked.

3acc07ecc089355c1d531610fa1568676c270de8d0985902491f05b23238557f

(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 application 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 acquired 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 209(b) 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 managed 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
(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:
(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 Management 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 maintenance 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 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 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 Act.
(b) EXPANSION OF STILLWATER NATIONAL WILDLIFE 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 Administration Act of 1966, as amended, except that
any activity provided 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 Secretary may utilize
such additional statutory authority as may be available to the Secretary
for the conservation and development 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 consultation 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 Reclamation 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 jurisdiction 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 recommendations 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 Secretary, 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 conserved shall be defined
as reduced project deliveries relative to the maximum annual headgate
delivery entitlement associated with recently irrigated water-righted Navy
lands. Recently irrigated 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.
(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 referenced
in sections 206 and 207 of this title: Provided, That,
(A) as may be required to fulfill the Secretary's responsibilities 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 Secretary 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 species, 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 maintenance 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 depicted 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 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.
(f) Lahontan Valley and Pyramid Lake Fish and Wildlife Fund-
(1) There is hereby established in the Treasury of the United States the
`Lahontan Valley and Pyramid Lake Fish and Wildlife 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 Secretary 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 Nevada 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.

6cd1de2cfd73440f7379d0c7a6de634ec3bf54eccf59a9354a3148769a4e9508

(a) RECOVERY PLANS- Pursuant to the Endangered Species Act, as amended, the
Secretary shall expeditiously revise, update, and implement plans for the
conservation and recovery of the cui-ui and Lahontan cutthroat trout. Such
plans shall be completed and updated 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 Agreement, if and when those allocations and
agreements enter into effect.
(b) TRUCKEE RIVER REHABILITATION-
(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 minimize 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 ongoing 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 Agreement as modified by
the Ratification Agreement and, to the maximum extent practicable, used for
the benefit of the Pyramid 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 Secretary 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
(E) water rights acquired by the Secretary shall be managed 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 delivery of water in carrying out the provisions
of this subsection.
(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(a)(4) 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 Pyramid Lake fishery,
except that such use must be consistent with the Preliminary Settlement
Agreement as modified by the Ratification Agreement, the Operating Agreement,
and the mitigation agreement specified in subparagraph 205(a)(1)(C) 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
Exchange Agreement, the Preliminary Settlement Agreement as modified by
the Ratification Agreement, the Operating Agreement, and the mitigation
agreement specified in subparagraph 205(a)(1)(C) 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 hydroelectric 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.
(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 3 and 21 of article II of the Preliminary
Settlement Agreement as modified by the Ratification Agreement.

17d9b648c97806a8914c797cb4566851a71e16f708badf984aaae91a9307a7d2

(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 facilities 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, 1938, 52 Stat. 1037. Interest earnings not expended,
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
requested 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 States for damages to the Pyramid Lake
fishery resulting 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 benefit 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 employment 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 discretion to invest and manage
the Pyramid Lake Paiute Economic 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, management, 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 Development 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 Development 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.
(4) Under no circumstances shall any part of the principal of the funds
established under this section be distributed to members of the Pyramid
Lake Tribe on a per capita basis.
(5) If, and to the extent that any portion of the sum authorized to be
appropriated in paragraph 208(a)(2) is appropriated after fiscal year
1992, or in a lesser amount, there shall be deposited in the Pyramid
Lake Paiute Fisheries Fund, subject to appropriations, in addition to the
full contribution to the Pyramid Lake Paiute Fisheries Fund, an adjustment
representing 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 authorized to be
appropriated in paragraph 208(a)(3) are appropriated 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 Development Fund, subject to appropriations, in addition to the
full contributions to the Pyramid Lake Paiute Economic Development 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.

a3c791eaaaf60f8d3f40be49b4ddc8d1dfa2e6c51ce21fbff4af18253b6a91fc

(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 threatened 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 implement 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.
(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, consistent 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 recreational use of Lahontan Reservoir and
the Carson River downstream 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 wetland 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 provision of law,
the Secretary may cancel all repayment obligations owing to the Bureau of
Reclamation by the Truckee-Carson Irrigation 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 paragraph 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 agreement with the Secretary concerning
claims for recoupment of water diverted in excess of the amounts permitted
by applicable operating criteria and procedures.
(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 conservation 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 consistent with
project irrigation purposes and applicable operating criteria and procedures,
manage existing Newlands Project re-regulatory reservoirs for the purpose
of fish and wildlife.
(j) Operating Criteria and Procedures-
(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
Endangered 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 referenced 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 Secretary, after
December 31, 1997, the only relief available from any court of the United
States will be the issuance of a declaratory 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.

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(a) Claims Settlement-
(1) The effectiveness of section 204 of this title, the Preliminary Settlement
Agreement as modified by the Ratification Agreement, the Operating Agreement,
and the Secretary's authority to disburse funds under paragraph 208(a)(3)
of this title are contingent upon dismissal with prejudice or other final
resolution, with respect to the parties to the Preliminary Settlement
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.
(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), subparagraph
208(a)(3)(D), and paragraph 210(a)(3) 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(a)(1) have been
dismissed with prejudice or otherwise 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 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 Agreement as modified by the Ratification
Agreement or the Operating Agreement, or accepted any benefits or payments
under this legislation, including any Indian Tribe and the States of
California 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.
(b) 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 Pyramid 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 Wildlife Refuge
System for the benefit and protection of colonial nesting species and other
migratory birds. Anaho Island National 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 National 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 Pyramid 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 Reservation 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 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 subsection, 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 paragraph shall
be deemed to recognize or confer any criminal jurisdiction on the Pyramid
Lake Tribe or to affect any regulatory jurisdiction of the State of Nevada
with respect to any other matters.
(5) The consent of the United States is given to the negotiation and execution
of an intergovernmental agreement between the Pyramid Lake Tribe and the
State of Nevada, which agreement 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 negotiation and execution
of an intergovernmental agreement between the Pyramid Lake Tribe and the
State of Nevada, which agreement 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 3 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 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 jurisdiction 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 landowners 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 associated 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 tributaries 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 measures 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 additional generating
capacity at such project works that is accomplished 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 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).
(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 contiguous 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990

Other Sections

TITLE I

TITLE II

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