Summary: S.3084 — 101st Congress (1989-1990)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed Senate amended (10/26/1990)

Title I: Fallon Paiute Shoshone Tribal Settlement Act - Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990 - Establishes the Fallon Paiute Shoshone Tribal Settlement Fund in the Treasury and authorizes appropriations for FY 1992 through 1997 for it. Provides that the income from such fund shall be used for: (1) tribal economic development; (2) tribal governmental services and facilities; (3) per capita distributions to tribal members; (4) rehabilitation and betterment of the irrigation system on the Fallon Paiute Shoshone Indian Reservation, except on certain lands; (5) acquisition of lands, water rights, or related property interests located outside the Reservation; and (6) acquisition of individually owned land, water rights, or related property interests on the Reservation (including those held in trust by the United States).

Directs the Tribes to develop and submit a plan to the Secretary of the Treasury describing the expenditure of the funds, including a project for the rehabilitation and betterment of the existing irrigation system on the Reservation.

Prohibits any disbursements to the Tribes if they do not adopt the plan.

Requires that title to all lands, water rights, and related property interests acquired under this Act within certain counties in Nevada shall be held in trust by the United States for the Tribes as part of the Reservation.

Allocates, under specified conditions, an annual specified total use of water rights appurtenant to the Reservation which are served by the Newlands Reclamation Project.

Directs the Secretary of the Interior to: (1) reimburse, for a maximum forty-year term, non-Federal entities for costs for delivery of the Project water to serve water rights added to the Reservation under this Act; and (2) enter into renewable contracts for the payments of such costs.

States that nothing in this Act is intended to affect the jurisdiction of the Tribes or Nevada, if any, over the use and transfer of water rights within or off the Reservation, or to create any express or implied Federal reserved water right.

Authorizes the Tribes, for certain defined purposes, to acquire any lands, water rights, or interests therein (including those held in trust, located within the Reservation).

Requires, the United States to hold the title in trust for the Tribes to any lands, water rights, or interests therein, acquired by the Tribes within certain Nevada counties.

Prohibits the Secretaries from disbursing any monies from the Fund unless specified conditions are met, including release of specified claims against the United States, and providing for the indemnification, with certain exceptions, of the United States against monetary claims asserted by landowners who hold water rights on the Reservation as of the enactment of this Act.

Permits the Tribes to rescind their release of claims under this Act if the Congress fails to appropriate funds.

Authorizes the Secretary to develop and implement a plan for closure of the TJ drain system, as well as the main TJ drain, the TJ-1 drain, and the A drain and its sublaterals, in order to address any significant environmental problems with such system and its closure. Authorizes appropriations.

Title II: Truckee-Carson-Pyramid Lake Water Settlement - Truckee-Carson-Pyramid Lake Water Rights Settlement Act - Confirms the interstate allocation of waters of the Carson River and its tributaries pursuant to a specified court decree.

States that such confirmed allocations shall not be construed as precluding, foreclosing, or limiting the assertion of any additional right to the waters of the River or its tributaries which were in existence under applicable law as of January 1, 1989, but are not recognized in such court decree. Prohibits any increase in diversions from the Carson River or its tributaries beyond those in existence on December 31, 1992.

Provides that California shall be augmented by an amount of water which may be diverted to storage, under specified conditions, to compensate it for any discontinuance of waters of such river and its tributaries.

States that nothing precludes Nevada, its agencies, or private entities and individuals from constructing storage facilities within the Carson River Basin, subject to certain conditions.

Permits any water right owner to change water use from irrigation to storage for municipal and industrial uses. Allows water so diverted to be stored for use in current or subsequent years.

Limits total annual gross diversions for use within the Lake Tahoe Basin from natural sources. Specifies allocations for California and Nevada and conditions for measuring such diversions.

Allocates to California the right to divert and extract a specified portion of water from the Truckee River Basin in California, under certain terms and conditions.

Allocates to California an additional amount of water decreed to the Sierra Valley Water Company by judgment in a specified case, and all excessive water after such allocations, and excess water to Nevada.

Confirms the right to water use on the Pyramid Lake Indian Reservation with respect to certain claims of the Orr Ditch decree.

Grants jurisdiction to the United States District Courts for the Eastern District of California and the District of Nevada to hear and decide any claims by any aggrieved party against California, Nevada, or any other party where such claims allege failure to comply with the allocations or any other provisions of this Act.

Authorizes interstate transfers of water or water rights use within the Truckee River basin, subject to specified conditions.

Confirms the Alpine court to administer, inter alia, interstate transfers of water or water rights on the Carson River under the Alpine decree.

Requires the Secretary to negotiate an operating agreement (Operating Agreement) with Nevada and California to: (1) provide for the operation of the Truckee River reservoirs; and (2) ensure that the reservoirs will be operated to carry out certain defined functions.

Requires that the Secretary, Nevada, and California execute the Operating Agreement and submit it to the Orr Ditch court and the Truckee River General Electric court for approval of any necessary modifications in the provisions of their decree.

Directs the Secretary 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 to store and exchange water, subject to certain preconditions.

States that firm and non-firm municipal and industrial credit water, and a certain amount of fishery credit water in Stampede Reservoir 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 required to be converted to fishery credit water.

Requires that all of the fishery credit water established shall be used by the United States solely for the benefit of the Pyramid Lake fishery, subject to the terms and conditions of the Preliminary Settlement Agreement as modified by the Ratification Agreement.

Prohibits the Secretary from being a party to the Operating Agreement if the effects of such action, together with cumulative effects, are likely to: (1) jeopardize the continued existence of any endangered or threatened species; or (2) result in the destruction or adverse modification of any designated critical habitat of such species.

Authorizes the Secretary to use Washoe Project facilities, Truckee River Storage Project facilities, and Lake Tahoe Dam and Reservoirs 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.

Requires that payments received by the Secretary for such uses 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 by this Title, with excessive funds credited to the Reclamation Fund.

Authorizes the Secretary to enter into an interim agreement with the Sierra Pacific Power Company and Pyramid Lake Tribe to store water owned by the Company in Stampede Reservoir except that: (1) the amount of such Storage shall not exceed a specified acre-feet on September 1 of any year; and (2) 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.

Releases the Secretary from any obligation to secure payment for the cost of constructing Washoe Project facilities (other than the power plant). Makes such cost non-reimbursable. Revokes the Secretary's authority to construct a reservoir at the Watasheamu site.

Directs the Secretary, in conjunction with Nevada and such other parties that may provide water and water rights, to acquire such rights, with or without the lands to which such rights are appurtenant, and to transfer, hold, and exercise them to sustain, on a long-term average, approximately 25,000 acres of primary wetland habitat within the Lahontan Valley wetlands, under certain conditions.

Authorizes the Secretary to: (1) use, modify, or extend, on a non-reimbursable basis, Federal water diversion, storage, and conveyance systems to deliver water to wetlands under this Title (including the Fernley Wildlife Management Area); (2) reimburse non-Federal entities for operational and maintenance costs of the Newlands Project associated with such delivery; and (3) enter into renewable contracts for such costs associated with the delivery of water acquired by the Secretary to benefit the Lahontan Valley wetlands. Sets forth the term and condition of such contract.

Requires the Secretary to study and report to specified congressional committees on the social, economic, and environmental effects of the water rights purchase program, and the water management measures authorized by this Title.

Designates certain specified Federal land in Nevada as the Stillwater National Wildlife Refuge.

Authorizes the Secretary to take necessary actions 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.

Directs the Secretary to submit recommendations to the Congress concerning: (1) any appropriate revisions in the boundaries of the Stillwater National Wildlife Refuge; (2) transfer of any other U.S. Bureau of Reclamation withdrawn public lands within existing wildlife use areas in the Lahontan Valley to the U.S. Fish and Wildlife Service for addition to the National Wildlife Refuge System; and (3) identification of Lahontan Valley lands currently under the jurisdiction of the U.S. Fish and Wildlife Service that no longer warrant continued status as units of the National Wildlife Refuge System.

Authorizes the Secretary of the Navy to conduct a study to develop land management plans or measures to achieve dust control, fire abatement and safety, and foreign object damage control on Federal lands within the Naval Air Station at Fallon, Nevada, in a way that reduces direct surface deliveries of water to the maximum extent practicable.

Authorizes the Secretary of the Navy to select and implement land management plans or measures developed by the study, if such water savings can be made without impairing the safety of operations at Naval Air Station, Fallon.

Declares that all water or water rights no longer used or exercised by the Secretary of the Navy resulting from implementation of the modified land management plan or measures shall be managed by the Secretary for the benefit of specified fish and wildlife resources, subject to certain conditions.

Authorizes the Secretary of the Navy to implement a demonstration project for the cultivation of low-precipitation grasses, shrubs, and other high-desert plant species with the goal of restoring previously irrigated farmland in the Newlands Project area to a stable and ecologically appropriate dryland condition.

Authorizes the Secretary to enter into an agreement with Nevada for Nevada to pay for water and water rights acquisitions and other protective measures to benefit Lahontan Valley wetlands.

Authorizes the Secretary to convey to Nevada, under specified conditions, Carson Lake and Pasture for use by the State as a State wildlife refuge and a component of the Western Hemisphere Shorebird Reserve Network.

Establishes in the Treasury the Lahontan Valley and Pyramid Lake Fish and Wildlife Fund.

Authorizes the Secretary to convey to Nevada or to Churchill County, Nevada, the Indian Lakes area for fish, wildlife, and recreation purposes.

Directs the Secretary to revise, update, and implement plans for the conservation and recovery of the cui-ui and Lahontan cutthroat trout, pursuant to the Endangered Species Act, as amended.

Directs the Secretary of the Army to incorporate into its ongoing reconnaissance level study of the Truckee River a study of the rehabilitation of the lower Truckee River to Pyramid Lake, for the benefit of the Pyramid Lake fishery. Authorizes appropriations. Provides for the acquisition of water and rights to assist the conservation and recovery of the Pyramid Lake fishery.

Requires the Secretary to use the United States' right to store water in Stampede Reservoir and Prosser Creek Reservoir for the benefit of the Pyramid Lake fishery, subject to certain agreements.

Establishes the Pyramid Lake Paiute Fisheries Fund, and the Pyramid Lake Paiute Economic Development Fund in the Treasury.

Authorizes appropriations to the Pyramid Lake Paiute Fisheries Fund. Provides that interest from such Fund shall be used by the Pyramid Lake Tribe for operation and maintenance of fishery facilities at Pyramid Lake (excluding Marble Bluff Dam and Fishway), and for conservation of the Pyramid Lake fishery.

Prohibits the Secretaries from disbursing any monies from the Fund unless certain specified conditions are met, including release by the Pyramid Lake Tribe of specified claims against the United States.

Authorizes appropriations for FY 1993 through 1997 to the Pyramid Lake Paiute Economic Development Fund for tribal economic development.

Gives the Tribe complete discretion to invest and manage the Fund, except that no portion of the principal shall be used to develop, operate, or finance any form of gaming or gambling, except as provided by the Indian Gaming Regulatory Act.

Prohibits the Secretaries from disbursing any monies to the Tribe unless it adopts and submits an economic development plan to the Secretary.

Disallows distribution of such Fund to members of the Pyramid Lake Tribe on a per capita basis.

Expands the purposes for which the Secretary may operate and maintain the Newlands Reclamation Project.

Prohibits the Secretary from implementing any provisions 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.

Requires the Secretary to report to specified congressional committees on the feasibility of improving the conveyance efficiency of Newlands Project facilities.

Authorizes the Secretary to use and enter into agreements to allow water right holders to use Newlands Project facilities in Nevada for supplying carryover storage of irrigation and other water for drought protection and other purposes.

Authorizes the Secretary to report to specified congressional committees on the: (1) identification of administrative, operational, and structural measures to benefit recreational use of Lahontan Reservoir and the Carson River downstream of Lahontan Dam; and (2) feasibility of reusing municipal wastewater for the purpose of wetland improvement or creation in the areas of Fernley, Nevada, the former Lake Winnemucca National Wildlife Refuge, and the Lahontan Valley.

Authorizes the Secretary to cancel all repayment obligations owed the Bureau of Reclamation by the Truckee-Carson Irrigation District, subject to a certain condition.

Declares that certain provisions of this title relating to improvement of the Newlands Reclamation Project shall not become effective until the Truckee-Carson Irrigation District settles certain recoupment claims with the Secretary. States that specified operating criteria and procedures of the Project shall remain in effect through 1997, subject to necessary changes by the Secretary. Exempts such criteria and procedures from court and administrative tribunal jurisdiction through 1997. Requires the Secretary to pursue recoupment of any water diverted from the Truckee River in excess of permitted amounts.

Makes the effectiveness of certain provisions of this Title contingent on dismissal of specified claims and proceedings.

Recognizes Anaho Island in its entirety as part of the Pyramid Lake Indian Reservation. Provides for its management as an integral component of the National Wildlife Refuge System.

Recognizes the beds and banks of the Truckee River as part of such Reservation, contingent on their relinquishment by the State of Nevada.

Grants the Pyramid Lake Tribe the sole and exclusive authority to establish rules and regulations for hunting, fishing, boating, and all forms of recreation on all Reservation lands except fee-patented land. Consents to negotiation and execution of an agreement between Nevada and the Tribe for enforcement of such rules and regulations, including fee-patented lands.

Declares that, between August 26, 1935, and enactment of this Title, there was no construction within the meaning of the Federal Power Act at the four run-of-river hydroelectric project works on the Truckee River owned by Sierra Pacific Power Company. States that development of additional generating capacity shall also not be construction under such Act.

Authorizes the Secretary to exchange surveyed public land in Nevada for rights and interests in lands within the Reservation.

Authorizes appropriations.