Public Law 113–169: To ratify a water settlement agreement affecting the Pyramid Lake Paiute Tribe, and for other purposes.

This Act may be cited as the “”.

The table of contents for this Act is as follows:

The term “” means the “Pyramid Lake Paiute Tribe Fish Springs Ranch Settlement Agreement” dated May 30, 2007, entered into by the Tribe and Fish Springs (including all exhibits to that agreement).

The term “” means the Pyramid Lake Paiute Tribe-Fish Springs Ranch 2013 Supplement to the 2007 Settlement Agreement dated November 20, 2013, entered into by the Tribe and Fish Springs, and all exhibits to that Agreement.

The term “” means the final environmental impact statement for the North Valleys Rights-of-Way Projects prepared by the Bureau of Land Management (70 Fed. Reg. 68473).

The term “” means 30 days after the date on which the Tribe executes the waivers, as authorized in section 4, on or before which Fish Springs shall pay to the Tribe the $3,600,000 and accumulated interest pursuant to subparagraph 4.2 of the Agreement.

The term “” means the Fish Springs Ranch, LLC, a Nevada limited liability company (or a successor in interest).128 STAT. 1888

The term “” means the 14,108 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 Nevada, copies of which are attached as Exhibit “G” to the Original Agreement.

The term “” means the rights to pump and transfer up to 5,000 acre feet per year of Fish Springs water rights in excess of 8,000 acre feet per year, up to a total of 13,000 acre feet per year, pursuant to Ruling No. 3787 signed by the State Engineer for the State of Nevada on March 1, 1991, and Supplemental Ruling on Remand No. 3787A signed by the State Engineer for the State of Nevada on October 9, 1992.

The term “” means the Honey Lake Valley Hydrographic Basin described as Nevada Hydrographic Water Basin 97.

The term “” means the project for pumping within Honey Lake Valley Basin and transfer outside of the basin by Fish Springs of not more than 13,000 acre feet per year of Fish Springs water rights, including—

The term “” 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 31, 2006, regarding the environmental impact statement and the Project.

The term “” means the Secretary of the Interior (or a designee of the Secretary).

The term “” means the Pyramid Lake Paiute Tribe of Indians organized under section 16 of the Act of June 18, 1934 (commonly known as the “Indian Reorganization Act”; 25 U.S.C. 476).

The term “” means—

Except to the extent that a provision of the Agreement conflicts with this Act, the Agreement is authorized and ratified.

Notwithstanding any provision of the Agreement, any waiver or retention of a claim by the Tribe relating to the Agreement shall be carried out in accordance with section 4.

This section, the Original Agreement, and the Agreement satisfy all applicable requirements of section 2116 of the Revised Statutes (25 U.S.C. 177).

In return for benefits to the Tribe as set forth in the Original Agreement, the Agreement, and this Act, the Tribe, on behalf of itself and the members of the Tribe, is authorized to execute a waiver and release against Fish Springs of the following:

(2)

(3)

The Tribe, on its own behalf and on behalf of the members of the Tribe, shall retain against Fish Springs the following:

(2)

(3)

In return for the benefits to the Tribe as set forth in the Agreement, the Original Agreement, and this Act, the Tribe, on behalf of itself and the members of the Tribe, is authorized to execute a waiver and release of all claims against the United States, including the agencies and employees of the United States, related to the Project and Fish Springs water rights (including additional Fish Springs water rights) that accrued at any time before and on the date that Fish Springs makes the payment to the Tribe as provided in Paragraph 4 of the Agreement for damages, losses or injuries that are related to—

(1)

Notwithstanding the waivers and releases authorized in this Act, the Tribe, on behalf of itself and the members of the Tribe, shall retain against the United States the following:

Upon execution of the waiver and releases by the Tribe pursuant to subsections (a) and (c) and upon final payment by Fish Springs pursuant to the terms of the Agreement, 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 (a). Upon the effective date of the waivers and releases of claims authorized, the waived and released claims as set forth in subsection (a) are extinguished.

The United States shall bear no liability for claims waived and released by the Tribe pursuant to this Act.

Nothing in this Act shall affect any rights, remedies, privileges, immunities, or powers of the United States, 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 128 STAT. 1892 Lands Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), with the exception that the United States may not assert any claim on the Tribe’s behalf that is extinguished pursuant to subsection (e).

The waivers and releases authorized under subsections (a) and (c) shall take effect on the day Fish Springs makes the payment to the Tribe as provided in subparagraph 4.2 of the Agreement.

The benefits provided to the Tribe under the Agreement, the Original Agreement, and this Act shall be considered to be full satisfaction of all claims of the Tribe waived and released pursuant to section 4 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 4.

If the

Deadline.

Tribe fails to execute the waivers and releases as authorized by this Act within 60 days after the date of the enactment of this Act, this Act and the Agreement shall be null and void.

The beneficiaries to the Agreement shall be limited to—

Except as provided in subsection (a), nothing in the Agreement or this Act provides to any individual or entity third-party beneficiary status relating to the Agreement.

the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) including claims for damages for harm to natural resources;

the Safe Drinking Water Act (42 U.S.C. 300f et seq.);

the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);

the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); and

any regulation implementing one or more of the Acts listed in paragraphs (1) through (4).128 STAT. 1893

Nothing in this Act establishes a standard for the quantification of a Federal reserved water right or any other claim of an Indian tribe other than the Tribe in any other judicial or administrative proceeding.

Nothing in the Agreement, the Original Agreement, or this Act quantifies or otherwise adversely affects any water right, claim, or entitlement to water, or any other right of any Indian tribe, band, or community other than the Tribe.