There are ten pieces of legislation related to the
Desert Terminal Lakes Program:
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Public Law 112-74, Consolidated Appropriations Act, 2012
Public Law 112-74
Consolidated Appropriations Act, 2012 [H.R. 2055]
Enacted 12/23/11
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Public Law 111-88 - Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010
Public Law 111-88
Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010 [H.R. 2996]
Enacted 10/30/09
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Public Law 111-85 – Energy and Water Development Appropriations Act, 2010
Public Law 111-85
Energy and Water Development Appropriations Act, 2010
Enacted 10/28/09
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Public Law 111-8 - Omnibus Appropriations Act, 2009
Public Law 111-8
H.R.1105
Omnibus Appropriations Act, 2009
Enacted 3/11/09
Sec. 207. Section 208 of the Energy and Water Development and Related Agencies Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 1953) is amended—
(1) in subsection (a)--
(A) in paragraph (2)(B), by inserting `, as determined by the nonprofit conservation organization' after `Lake'; and
(B) in paragraph (4), by striking `retirement of water rights' and all that follows through the semicolon at the end and inserting `retirement of water rights;'; and
(2) in subsection (b), by striking `June 30, 2010' and inserting `June 30, 2012'.
Sec. 208. Notwithstanding any other provision of law, of amounts made available under section 2507 of the Farm Security and Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107-171), the Secretary of the Interior acting through the Commissioner of Reclamation, shall allocate—
(1) $300,000 to the Desert Research Institute for LIDAR acquisition data in the Walker River Basin, to supplement water rights research and data funded under section 208(a)(1) of the Energy and Water Development Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2268); and
(2) $300,000 to the Director of the United States Fish and Wildlife Service to conduct a multiyear assessment of and monitoring of the ability of west central Nevada lakes to support migratory loons, and identification of wintering areas and annual range of loons using Walker Lake during migration.
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Public Law 110-246 - Desert Terminal Lakes
Public Law 110-246, enacted June 18, 2008 (H.R.
2419)
SEC. 2807. DESERT TERMINAL LAKES.
(Originally enacted on May 22, 2008, as Public Law 110-234, Section 2807)
Section 2507 of the Farm Security and Rural Investment
Act of 2002 (43 U.S.C. 2211 note; Public Law 107-171) is amended--
(1) in subsection (a)—
(A) by striking `(a)' and all that follows through `$200,000,000'
and inserting `(a) Transfer- Subject to subsection (b) and paragraph
(1) of section 207(a) of Public Law 108-7 (117 Stat. 146), notwithstanding
paragraph (3) of that section, on the date of enactment of the
Food, Conservation, and Energy Act of 2008, the Secretary of
Agriculture shall transfer $175,000,000'; and
(B) by striking the quotation marks at the beginning of paragraphs
(1) and (2); and (2) by striking subsection (b) and inserting
the following new subsection:
(b) Permitted Uses- In any case in which there are willing
sellers, the funds described in subsection (a) may be used--
(1) to lease water; or
(2) to purchase land, water appurtenant to the land, and
related interests in the Walker River Basin in accordance
with section 208(a)(1)(A) of the Energy and Water Development
Appropriations Act, 2006 (Public Law 109-103; 119 Stat.
2268).
Making the modifications specified in the legislation above results
in the following (references to previous legislation are shown
in the footnotes):
SEC. 2507 - DESERT TERMINAL LAKES
(a) Transfer - Subject to subsection (b) and paragraph
(1) of section 207(a) of Public Law 108-7 (117 Stat.
146), notwithstanding paragraph (3) of that section,
on the date of enactment of the Food, Conservation, and
Energy Act of 2008, the Secretary of Agriculture shall
transfer $175,000,000 of the funds of the Commodity Credit
Corporation to the Bureau of Reclamation Water and Related
Resources Account, which funds shall — [See
footnotes below for referenced legislation]
(1) be used by the Secretary of the Interior, acting
through the Commissioner of Reclamation, to provide
water to at-risk natural desert terminal lakes; and
(2) remain available until expended.
(b) Permitted Uses- In any case in which there are
willing sellers, the funds described in subsection (a)
may be used—
(1) to lease water; or
(2) to purchase land, water appurtenant to the land,
and related interests in the Walker River Basin in
accordance with section 208(a)(1)(A) of the Energy
and Water Development Appropriations Act, 2006 (Public
Law 109-103; 119 Stat. 2268).
Footnoted legislation referenced above in Section
2507 - Desert Terminal Lakes
Public Law 108-7 Section 207(b) ADMINISTRATION‑ The
Secretary of the Interior, acting through the
Commissioner of Reclamation, may provide financial
assistance to State and local public agencies,
Indian tribes, nonprofit organizations, and individuals
to carry out this section and section 2507 of
Public Law 107‑171.
Public Law 108-7
Section 207(a)(1) subject to paragraph
(3), provide water and assistance under that
section only for the Pyramid, Summit, and Walker
Lakes in the State of Nevada;
Public Law 108-7
Section 207(a)(3) use $2,000,000 to provide
grants, to be divided equally, to the State
of Nevada, the State of California, the Truckee
Meadows Water Authority, and the Pyramid Lake
Paiute Tribe, to implement the Truckee River
Settlement Act, Public Law 101‑618
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Public Law 110-161 - Consolidated
Appropriations Act
Public Law 110-161, enacted 12/26/07 - Consolidated Appropriations
Act, 2008 (H.R. 2764)
TITLE II
DEPARTMENT OF THE INTERIOR
General Provisions, Department of the Interior
SEC. 207. In carrying out section 2507 of Public Law 107-171,
the Secretary of the Interior, acting through the Commissioner
of Reclamation, shall use $2,000,000 to provide
grants, to be divided equally, to the State of Nevada and
the State of California to implement the Truckee River
Settlement Act, Public Law 101-618.
SEC. 208.
(a) Notwithstanding any other provision of law, of amounts made
available under section 2507 of the Farm Security and Rural Investment
Act of 2002 (43 U.S.C. 2211 note; Public Law 107-171), the Secretary
of the Interior--
(1) acting through the Commissioner of Reclamation, shall
use--
(A) subject to subsection (b), $3,000,000 for activities
necessary to convey to the State of Nevada the land known
as the `Carson Lake and Pasture', as authorized by section
206(e) of the Truckee-Carson-Pyramid Lake Water Rights Settlement
Act (Public Law 101-618: 104 Stat. 3311);
(B) $10,000,000 for the removal of the Numana Dam and other
obsolete irrigation structures located on the Pyramid Lake
Paiute Reservation for the benefit of the Pyramid Lake Paiute
Tribe because of their status as Indians;
(C) in consultation with the Corps of Engineers, as applicable,
$5,000,000 to study and prepare plans for the development
and construction of a pipeline to convey water from Dixie
Valley to Churchill County, Nevada;
(D) $10,000,000 for--
(i) design and construction of the Derby Dam fish screen
to allow passage of fish, including the cui-ui and Lahontan
cutthroat trout; and
(ii) any improvements to Derby Dam necessary to make the
fish screen operable;
(E) $6,000,000 for the acquisition of not more than 4 small
hydroelectric power plants from the Sierra Pacific Power
Company to improve water allocation and fish passage in the
Truckee River; and
(F) $6,000,000 for Lower Truckee River restoration projects
identified by the cities of Reno and Sparks, Nevada, and
Washoe County, Nevada;
(2) shall allocate $9,000,000 to a nonprofit conservation
organization, acting in consultation with the Truckee Meadows
Water Authority, for--
(A) the acquisition of land surrounding Independence Lake;
and
(B) protection of the native fishery and water quality of Independence Lake as determined by the nonprofit conservation organization [Note: underlined text added on 3/11/09 by Public Law 111-8] ;
(3) shall allocate $1,000,000 to the Summit Lake Paiute Tribe
to plan and complete restoration efforts at the Summit Lake
in Northern Washoe County, Nevada, for the benefit of the Tribe
because of their status as Indians;
(4) shall allocate $3,000,000 to the Newlands Project Water Rights Fund for a Federal-State-Pyramid Lake Paiute Tribe program, to be administered by an entity identified by the 3 applicable parties, for the retirement of water rights pursuant to the Truckee-Carson-Pyramid Lake Water Rights Settlement Act (Public Law 101-618: 104 Stat. 3311); [Note: text deleted on 3/11/09 by Public Law 111-8];
(5) shall allocate $2,500,000 to the United States Fish and
Wildlife Service to analyze, in cooperation and consultation
with external experts, the impacts of low water flows on reproduction
at the Walker Lake fishery, including an analysis of methods
to prevent permanent effects on the fishery from low water
flows;
(6) shall allocate $4,000,000 to the State of Nevada to prepare
watershed inventories, with a particular focus on the Walker
and Carson River Basins;
(7) shall allocate $5,000,000 for joint planning and development
activities for water, wastewater, and sewer facilities by the
city of Fernley, Nevada, and the Pyramid Lake Paiute Tribe;
(8) shall allocate $500,000 for the Walker River Paiute Tribe
for legal and professional services in support of settling
tribal water claims in the Walker River Basin and to Walker
Lake;
(9) shall allocate $1,000,000 to the Walker River Irrigation
District--
(A) to plan and implement a weed control program to improve
conveyance efficiency of water controlled by the Irrigation
District; and
(B) to make improvements to water gauges controlled by the
Irrigation District to enhance the water monitoring activities
of the Irrigation District; and
(10) shall allocate $250,000 to Churchill County, Nevada,
to provide testing of groundwater wells.
(b)
(1) The Secretary shall achieve compliance with all applicable Federal laws (including regulations) relating to the conveyance of the Carson Lake and Pasture to the State of Nevada as described in subsection (a)(1)(A) by not later than June 30, 2010 2012 [Note: the date was changed on 3/11/09 by Public Law 111-8].
(2) Any amounts made available to carry out the conveyance
described in subsection (a)(1)(A) but not expended for that
purpose shall be made available to the State of Nevada to supplement
funds provided under section 217(a)(1) of the Energy and Water
Development Appropriations Act, 2004 (Public Law 108-137; 117
Stat. 1852), to purchase water rights from willing sellers
and to make necessary improvements to benefit the Carson Lake
and Pasture.
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Public Law 109-103 - Energy & Water Development
Appropriations Act
Public Law 109-103, the Energy and Water
Development Appropriations Act, 2006
enacted on November 19, 2005
TITLE II, DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
General Provisions, Department of the Interior
SEC. 208.
(a) (1) Using amounts made available under section 2507 of
the Farm and Security Rural Investment Act of 2002 (43 U.S.C.
2211 note; Public Law 107-171), the Secretary [of the Interior]
shall provide not more than $70,000,000 to the University of
Nevada–
(A) to acquire from willing sellers land, water appurtenant
to the land, and related interests in the Walker River Basin,
Nevada; and
(B) to establish and administer an agricultural and natural
resources center, the mission of which shall be to undertake
research, restoration, and educational activities in the
Walker River Basin relating to–
(i) innovative agricultural water conservation;
(ii) cooperative programs for environmental restoration;
(iii) fish and wildlife habitat restoration; and
(iv) wild horse and burro research and adoption marketing.
(2) In acquiring interests under paragraph (1)(A), the University
of Nevada shall make acquisitions that the University determines
are the most beneficial to–
(A) the establishment and operation of the agricultural
and natural resources research center authorized under paragraph
(1)(B); and
(B) environmental restoration in the Walker River Basin.
(b) (1) Using amounts made available under section 2507 of the
Farm and Security Rural Investment Act of 2002 (43 U.S.C. 2211
note; Public Law 107-171), the Secretary shall provide not more
than $10,000,000 for a water lease and purchase program for the
Walker River Paiute Tribe.
(2) Water acquired under paragraph (1) shall be–
(A) acquired only from willing sellers;
(B) designed to maximize water conveyances to Walker Lake;
and
(C) located only within the Walker River Paiute Indian
Reservation.
(c) Using amounts made available under section 2507 of the Farm
and Security Rural Investment Act of 2002 (43 U.S.C. 2211 note;
Public Law 107-171), the Secretary, acting through the Commissioner
of Reclamation, shall provide–
(1) $10,000,000 for tamarisk eradication, riparian area restoration,
and channel restoration efforts within the Walker River Basin
that are designed to enhance water delivery to Walker Lake,
with priority given to activities that are expected to result
in the greatest increased water flows to Walker Lake; and
(2) $5,000,000 to the United States Fish and Wildlife Service,
the Walker River Paiute Tribe, and the Nevada Division of Wildlife
to undertake activities, to be coordinated by the Director
of the United States Fish and Wildlife Service, to complete
the design and implementation of the Western Inland Trout Initiative
and Fishery Improvements in the State of Nevada with an emphasis
on the Walker River Basin.
(d) For each day after June 30, 2006, on which the Bureau of
Reclamation fails to comply with subsections (a), (b), and (c),
the total amount made available for salaries and expenses of
the Bureau of Reclamation shall be reduced by $100,000 per day.
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Public Law 108-137- Energy and Water Development
Appropriations Act
Public Law 108-137, Energy and Water Development
Appropriations Act, 2004
enacted 12/01/03 (H.R. 2754)
SEC. 217. RESTORATION OF FISH AND WILDLIFE HABITAT, PROVISION
OF BOTTLED WATER FOR FALLON SCHOOLCHILDREN, AND ASSOCIATED PROVISIONS.
(a) IN GENERAL.--In carrying out section 2507 of Public Law
107-171, title II, subtitle F, the Secretary of Interior, acting
through the Commissioner of Reclamation, shall--
(1) Notwithstanding section 2507 (b) of Public Law 107-171,
title II, subtitle F, and in accordance with Public Law 101-618,
provide $2,500,000 to the State of Nevada to purchase water
rights from willing sellers and make necessary improvements
to benefit Carson Lake and Pasture: Provided, That such funds
shall only be provided by the Bureau of Reclamation when the
title to Carson Lake and Pasture is conveyed to the State of
Nevada.
(2) As soon as practicable after enactment, provide $133,000
to Families in Search of the Truth, Fallon, Nevada, for the
purchase of bottled water and costs associated with providing
such water to schoolchildren in Fallon-area schools.
(3) In consultation with the Pershing County Water Conservation
District, the Commissioner shall expend $270,000 for the State
of Nevada's costs associated with the National Environmental
Policy Act review of the Humboldt Title Transfer: Provided,
That notwithstanding Public Law 107-282, section 804(d)-(f),
the State of Nevada shall pay any other costs assigned to the
State as an entity receiving title in Public Law 107-282, section
804(b)-(e) or due to any reconveyance under Public Law 107-282,
section 804(f), including any such National Environmental Policy
Act costs that exceed the $270,000 expended by the Commissioner
under this subparagraph.
(4) Provide $1,000,000 to the University of Nevada , Reno
's Biodiversity initiative for public education and associated
technical assistance and outreach concerning the issues affecting
the restoration of Walker Lake.
(b) ADMINISTRATION.--The Secretary of the Interior, acting
through the Commissioner of Reclamation, may provide financial
assistance to State and local public agencies, Indian tribes,
nonprofit organizations, and individuals to carry out this section
and section 2507 of Public Law 107-171.
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Public Law 108-7 - Omnibus Appropriations Bill
Public Law 108-7, Omnibus Appropriations
Bill
enacted 2/20/03
Bureau of Reclamation
The following appropriations shall be expended to execute authorized
functions of the Bureau of Reclamation:
SEC. 207. RESTORATION OF FISH, WILDLIFE, AND ASSOCIATED HABITATS
IN WATERSHEDS OF CERTAIN LAKES.
(a) IN GENERAL.--In carrying out section 2507 of Public Law
107 171, the Secretary of the Interior, acting through the Commissioner
of Reclamation, shall--
(1) subject to paragraph (3), provide water and assistance
under that section only for the Pyramid, Summit , and Walker
Lakes in the State of Nevada;
(2) use $1,000,000 for the creation of a fish hatchery at
Walker Lake to benefit the Walker River Paiute Tribe; and
(3) use $2,000,000 to provide grants, to be divided equally,
to the State of Nevada, the State of California, the Truckee
Meadows Water Authority, and the Pyramid Lake Paiute Tribe,
to implement the Truckee River Settlement Act , Public Law
101-618.
(b) ADMINISTRATION.--The Secretary of the Interior, acting
through the Commissioner of Reclamation, may provide financial
assistance to State and local public agencies, Indian tribes,
nonprofit organizations, and individuals to carry out this section
and section 2507 of Public Law 107-171.
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Public Law 107-171 - Farm Security & Rural
Investment Act
Public Law 107-171: Farm Security and Rural
Investment Act of 2002
(Farm Bill) enacted 5/13/02
[Amended on June 18, 2008 by Section 2807 of Public Law 110-246; see that public law for current version]
SEC. 2507. DESERT TERMINAL LAKES.
(a) IN GENERAL. Subject to subsection (b), as soon as practicable
after the date of enactment of this Act, the Secretary of Agriculture
shall transfer $200,000,000 of the funds of the Commodity Credit
Corporation to the Bureau of Reclamation Water and Related Resources
Account, which funds shall —
(1) be used by the Secretary of the Interior, acting through
the Commissioner of Reclamation, to provide water to at-risk
natural desert terminal lakes; and
(2) remain available until expended.
(b) LIMITATION.--The funds described in subsection (a) shall
not be used to purchase or lease water rights.
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