Page:United States Statutes at Large Volume 104 Part 4.djvu/1004

 104 STAT. 3320 PUBLIC LAW 101-618-NOV. 16, 1990 retary, 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. SEC. 210. MISCELLANEOUS PROVISIONS. "^ (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. Effective dates. (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)(l) 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

�