HR 5293 · 110th Congress 2007–2009, ended

Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement Act

Latest action · Sep 22, 2008 Received in the Senate.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedFeb 7, 2008
  2. Passed HouseSep 17, 2008
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Shoshone-Paiute Tribes of Duck Valley Reservation Water Rights Settlement Act - (Sec. 5) Approves, ratifies, and confirms, and directs the Secretary of the Interior to execute, the Agreement to Establish the Relative Water Rights of the Shoshone-Paiute Tribes of the Duck Valley Reservation and the Upstream Water Users, East Fork Owyhee River, except as specified in this Act.

Provides that: (1) this Act does not authorize the Tribes to use or authorize others to use tribal water rights off the Reservation other than for storage at Wild Horse Reservoir for use on tribal land and for the allocation of 265 acre feet to upstream water users under such Agreement, or use on tribal land off the Reservation; (2) execution of such Agreement shall not constitute major federal action under the National Environmental Policy Act; and (3) this Act does not affect the status of the Duck Valley Indian Irrigation Project.

(Sec. 6) Requires tribal water rights to be held in trust by the United States for the Tribes' benefit. Directs the Tribes to enact a water code to administer such rights. Requires the Secretary to regulate such rights until the Tribes enact a water code. Provides that: (1) such rights are not subject to loss by abandonment, forfeiture, or nonuse; and (2) capital costs associated with the Project are nonreimbursable.

(Sec. 8) Establishes the Shoneshone-Paiute Tribes Water Rights Development Fund for: (1) the rehabilitation or expansion of the Project; (2) acquisition of land and water rights; (3) cultural preservation; (4) restoring or improving fish or wildlife habitat; (5) fish or wildlife protection, water resource development, or agricultural development; (6) water resource planning and development; (7) designing and constructing water supply and sewer systems for tribal communities; (8) water-related projects and other related economic development projects; (9) developing water codes; or (10) the costs of implementing the Agreement.

Establishes the Shoshone-Paiute Tribes Operation and Maintenance Fund to pay or provide reimbursement for the operation, maintenance, and replacement costs of: (1) the Project and other water-related projects funded under this Act; or (2) water supply and sewer systems for tribal communities.

Authorizes appropriations for such Funds for FY2008-FY2013. Requires the Secretary to manage the Funds in accordance with the American Indian Trust Fund Management Reform Act of 1994. Provides for withdrawing and spending amounts from the Funds, enforcing tribal management plans and expenditure plans, and reporting on the expenditures from the Funds. Prohibits amounts from the Funds from being distributed to Tribal members on a per capita basis.

(Sec. 9) Authorizes the waiver or release by Tribes and the United States of the Tribes' water rights in the East Fork of the Owyhee River in Nevada, and claims to such rights that could be asserted in court proceedings or claims for damages, losses, or injuries to such rights, or claims of interference with, diversion or taking of water rights within the State of Nevada. Authorizes Tribes to waive and release claims against the United States: (1) for water rights in the East Fork of the Owyhee River or the Snake River Basin Adjudication in Idaho; (2) for damages, losses, or injuries to water, such rights, land, or other resources due to loss of water or water rights within Nevada and Idaho; (3) that relate to the operation maintenance, or rehabilitation of the Project; (4) that relate to the litigation of claims concerning the Tribes' water rights in pending proceedings before the Nevada State Engineer to determine the the water rights of the Tribes in the East Fork of the Owyhee River in Nevada or the Snake River Basin Adjudication in Idaho; or (5) that relate to the negotiation, execution, or adoption of the Agreement.

Requires Tribes and the United States to retain: (1) claims for enforcement of the Agreement, the Final Consent Decree, or this Act; (2) rights to acquire a water right in a state to the same extent as other entities in the state and to use and protect water rights acquired; (3) claims relating to activities affecting the quality of water; and (4) rights, remedies, privileges, immunities, and powers not specifically waived and released under the terms of this Act.

Provides that the waivers and release of claims become effective when the Secretary publishes a finding that: (1) the Agreement and the waivers and releases authorized have been executed by the parties and the Secretary; (2) the Fourth Judicial District Court, Elko County, Nevada, has issued a judgment and decree consistent with the Agreement from which no further appeal can be taken; and (3) specified amounts have been appropriated. Declares that the Agreement and this Act will not take effect and any funds and interest accrued that have been appropriated under this Act shall revert to the general fund of the Treasury if the Secretary does not publish such statement by March 31, 2016. Provides for the tolling of claims.

(Sec. 10) Gives U.S. consent to jurisdiction in a proper forum for purposes of enforcing the Agreement's provisions.

Cosponsors 1

Members who signed on, in the order they did. All signed on Jun 9, 2008.

SeatCosponsorSigned on
D-NVShelley BerkleyJun 9, 2008

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseNatural Resources Committee
Referred Feb 7, 2008Markup Jul 16, 2008Reported Jul 31, 2008
Water, Wildlife and Fisheries Subcommittee
Referred Feb 12, 2008Hearings Mar 13, 2008Markup Jul 15, 2008Reported Jul 15, 2008

Actions 18

Everything that happened, newest first.

  1. Sep 22, 2008Received in the Senate.
  2. Sep 17, 2008Considered as unfinished business. (consideration: CR H8368-8369)
  3. Sep 17, 2008Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR 9/15/2008 H8058-8060)
  4. Sep 17, 2008Motion to reconsider laid on the table Agreed to without objection.
  5. Sep 15, 2008Ms. Bordallo moved to suspend the rules and pass the bill, as amended.
  6. Sep 15, 2008Considered under suspension of the rules. (consideration: CR H8058-8062)
  7. Sep 15, 2008DEBATE - The House proceeded with forty minutes of debate on H.R. 5293.
  8. Sep 15, 2008At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Bishop (UT) objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.
  9. Jul 31, 2008Reported (Amended) by the Committee on Natural Resources. H. Rept. 110-815.
  10. Jul 31, 2008Placed on the Union Calendar, Calendar No. 529.
  11. Jul 16, 2008Committee Consideration and Mark-up Session Held.
  12. Jul 16, 2008Ordered to be Reported (Amended) by Unanimous Consent.
  13. Jul 15, 2008Subcommittee Consideration and Mark-up Session Held.
  14. Jul 15, 2008Forwarded by Subcommittee to Full Committee Without Recommendation (Amended) by Unanimous Consent .
  15. Mar 13, 2008Subcommittee Hearings Held.
  16. Feb 12, 2008Referred to the Subcommittee on Water and Power.
  17. Feb 7, 2008Introduced in House
  18. Feb 7, 2008Referred to the House Committee on Natural Resources.

In the Congressional Record 2

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
HouseDebate and remarks H8368Danny K. Davis D-ILSep 17, 2008
HouseDebate and remarks H8058–H8062Text printed H8058–H8060Madeleine Z. Bordallo D-GU, Rob Bishop R-UTSep 15, 2008

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimates 2

  1. Jul 25, 2008H.R. 5293, Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement Act<p>Cost estimate for the bill as ordered reported by the House Committee on Natural Resources on July 16, 2008</p>
  2. Jul 25, 2008H.R. 5293, Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement ActCost estimate for the bill as ordered reported by the House Committee on Natural Resources on July 16, 2008

Printed hearings 1

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
Serial No. 110-67OVERSIGHT HEARING ON ``INDIAN WATER RIGHTS SETTLEMENTS''63 pagesNatural Resources CommitteeApr 16, 2008

Related bills 2

Companion bills and other measures the record links to this one.

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To approve the settlement of the water rights claims of the Shoshone-Paiute Tribes of the Duck Valley Reservation in Nevada, to require the Secretary of the Interior to carry out the settlement, and for other purposes.
Short Titles as Introduced
Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement Act
Short Titles as Reported to House
Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement Act
Short Titles as Passed House
Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement Act

Subjects

Assigned by the Library of Congress. Policy area: Native Americans.

Text 4

Each version as it was printed, newest first.

  1. Sep 22, 2008Received in Senate
  2. Sep 17, 2008Engrossed in House
  3. Jul 31, 2008Reported in House
  4. Feb 7, 2008Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.