Pyramid Lake Paiute Tribal Council
Post Office Box 256
Nixon, Nevada 89424
Telephone: (775) 574-1000 I 574-1001 I 574-1002
FAX (775) 574-1008
RESOLUTION NO.: PL 104-16
RESOLUTION OF THE TRIBAL COUNCIL
OF THE PYRAMID LAKE PAIUTE TRIBE
NIXON, NEVADA
OPY
WHEREAS, the Pyramid Lake Paiute Tribe is organized pursuant to the provisions of Section
16 of the Indian Reorganization Act (25 U.S.C. § 476) and is Federally
recognized by the United States Government through the Secretary of the Interior
and the Bureau of Indian Affairs; and
WHEREAS, The Pyramid Lake Paiute Tribe, pursuant to Article VI, Section 1 of the
Constitution and By-laws of the Tribe,
WHEREAS, on November 16, 1990, Congress approved Public Law 101-618, Title II,
Truckee-Carson-Pyramid Lake Water Settlement Act; and
WHEREAS, Section 208 (a) (3) (A) of the Act provides that the principal and interest amounts
for the Pyramid Lake Paiute Economic Development Fund shall be made
available for the Pyramid Lake Paiute Tribe for tribal economic development only
in accordance with a plan developed in consultation with the Secretary of the
Interior; and
WHEREAS, The Pyramid Lake Paiute Tribal Council approved the Pyramid Lake Economic
Development plan on March 18, 2011 through Resolution PL 33-11.
WHEREAS, on June 17, 2016 the Pyramid Lake Paiute Tribal Council unanimously adopted
Resolution PL 41-16 formally adopting Option B of Volume #2 of the Pyramid
Lake Economic Development Plan and ordering the Secretary of the Interior to
distribute 50% of the interest amount of the Pyramid Lake Paiute Economic
Development Fund in the form of an economic stimulus payment to each eligible,
living enrolled member of the Pyramid Lake Paiute Tribe; and
WHEREAS, on September 16, 2016 the Pyramid Lake Paiute Tribal Council unanimously
adopted Resolution PL 74-16 for the adoption of the Economic Stimulus Payment
Distribution Plan for the Pyramid Lake Paiute Economic Development Fund and
ordering the Secretary of the Interior to <listribute 50% of the interest amount of
the Pyramid Lake Paiute Economic Development Fund in the form of an
economic stimulus payment to each eligible, living enrolled member of the
Pyramid Lake Paiute Tribe; and
RESOLUTION NO.: PL 104-16
Pyramid Lake Paiute Tribal Council
Page2
NOW, THEREFORE BE IT RESOLVED that the Pyramid Lake Paiute Tribal Council hereby
formally approves and certifies the attached payment roll of eligible living
Pyramid Lake Tribal Members for the purpose of the Economic Stimulus
Distribution of $35,784,498.50 plus interest accompanied by SF Form 1034. Total
number of members approved for this payment roll is 2,817.
BE IT FINALLY RESOLVED, the Tribal Chairman or his designee are hereby authorized to
implement the intent of this resolution.
CERTIFICATION
It is hereby certified that the foregoing Resolution of the Pyramid Lake Paiute Tribal Council, governing
body of the Pyramid Lake Paiute Tribe, composed of ten members of whom nine (9) , constituting a
quorum, were present at a meeting duly held on the _Lday of November , 2016, was adopted by the
affirmative vote of eight (8) FOR and zero (0) AGAINST; with zero (0) ABSTENTIONS;
pursuant to the authority contained in the Constitution and By-Laws of the Pyramid Lake Paiute Tribe.
Brenda A. Henry, Tribal Secreta
Pyramid Lake Paiute Tribal Council
Pyramid Lake Paiute Tribe· ·
Post Office Box 256
Nixo11, Nevada 89424
Telephone: (775) 574-1000 I 574-1001 I 574-1002
FAX (775) 574-1008
November 4, 2016
RECEIVED
ZOlh NOV -1 A
~
33
BIA·WESTERN REGION
REGIONAL DIRECTOR
Vince Logan, Special Trustee
Bureau of Indian Affairs
MS-4141-MIB
1849 C Street NW
Washington, DC 20240
COPY
Mike Smith, Deputy Bureau Director
Bureau of Indian Affairs
MS-4606
1849 C Street NW
Washington, DC 20240
Weldon "Bruce" Loudermilk, Regional Director
Bureau of Indian Affairs
MS-4606
1849 C Street NW
Washington, DC 20240
Brian Bowker, Regional Director
Bureau of Indian Affairs
2600 N. Central Avenue
4th Floor Mailroom
Phoenix, AZ 85004
Dear Gentlemen,
On behalf of the entire enrolled membership of the Pyramid Lake Paiute Tribe, I hereby
respectfully request that you approve the distribution of a limited, one-time direct economic
stimulus payment to all Tribal members from a portion of the earned interest in the Pyramid
Lake Paiute Economic Development Fund. Following is a brief history of the origin and
purposes of the Fund.
The Decimation of Pyramid Lake
Since time immemorial, the Pyramid Lake Paiute people have lived along the shores of Pyramid
Lake and the banks of the Truckee River, which is Pyramid Lake's primary source of water.
Pyramid Lake is the principal feature of the Pyramid Lake Paiute Reservation, the boundaries of
which wholly encompass Pyramid Lake, along with the final 31 miles of the Truckee River
before it terminates in Pyramid Lake. petroglyphs have been found on the Pyramid Lake
Reservation that date back almost 15,000 years - before the extinction of the wooly mammoth
PY
November 4, 2016
and saber toothed tiger. The Tribes' culture and identity is intrinsically tied to the land, water,
plants and animals found in their environment. This is especially true of the endangered Cui-ui
fish and threatened Lahontan cutthroat trout. In fact, the Pyramid Lake Paiute people are called
Cui-ui Ticcutta (the "cui-ui eaters") in their native Paiute language. The protection of these fish
species and their habitat in Pyramid Lake and the Truckee River are a way of life for the Pyramid
Lake Paiute people.
In 1902, Congress passed the National Reclamation Act- which created the U.S. Reclamation
Service, renamed the U.S. Bureau of Reclamation in 1923. The Reclamation Act committed the
federal government to construct irrigation projects in the West to "reclaim" arid desert lands for
agricultural cultivation and settlement. The Truckee-Carson Irrigation Project, located in the
lower Carson River Basin in Churchill County, Nevada, became the first reclamation irrigation
project completed under this act. In 1919, it was renamed the Newlands Project in honor of
Nevada's U.S. Senator Francis G." Newlands. In 1906, the construction of the Truckee Canal and
its diversion from the Truckee River at Derby Dam was completed. The Truckee Canal, with a
nominal flow capacity of approximately 900 cubic feet per second, or 1, 785 acre-feet per day,
stretched 32.5 miles from the lower Truckee River to the Carson River. The Truckee Canal
would eventually empty into the Reclamation's Lahontan Reservoir (completed in 1915) located
on the Carson River just above the Truckee-Carson Irrigation Project farmlands. Thus, for the
first time, waters from the Truckee River Basin were diverted away from Pyramid Lake and to
the Carson River Basin for use by Lahontan Valley farmers.
The opening of the Truckee Canal was the beginning of a disastrous time for Pyramid Lake and
the Paiute people who had depended on it for their lives and culture. The lake was 50 miles long
and 12 miles wide in 1844 when first viewed by white explorer Captain John C. Fremont. By
1953, its surface area had decreased by about 31 square miles. The lake reached its lowest
surface level in recorded history at 3,783.9 feet (above mean sea level) in February 1967. That
level was approximately 86.1 feet lower than it was in July 1911, shortly after diversions began
at Derby Dam into the Truckee Canal. This level was also 94.3 feet lower than the maximum
surface level of 3,878.2 feet recorded on September 1, 1891.
The drop in the water level and resultant decline in water quality caused the near-extinction of
the native cui-ui and Lahontan cutthroat trout in Pyramid Lake. Indeed, the original native strain
of Lahontan cutthroat trout as extirpated from Pyramid Lake and the Truckee River in the 1940s.
Captain Fremont had remarked on the "salmon trout" from Pyramid: "Their flavor was excellent
- superior, in fact, to that of any fish I have ever known. They were of extraordinary size - about
as large as the Columbia river salmon - generally from two to four feet in length." The
Lahontan cutthroat trout last had a natural spawning run up the Truckee River in 1969. The
population is kept alive and thriving today through a fish hatchery program operated by the
Tribe. Very recently, however, through intense management and as a result of the legal activities
described below, Lahontan cutthroat are beginning to naturally spawn in the lower Truckee River
(downstream of Derby Dam and the Truckee Canal).
The Pyramid Lake Paiute Tribe Fights to Save Its Culture
2
COP
November 4, 2016
The adverse effect of uncontrolled diversions of Truckee River water to the Newlands Project
upon Pyramid Lake and its resident fish ultimately led to action by the Secretary of Interior in
1967 to issue regulations, referred to as Operating Criteria and Procedures ("OCAP"), to limit
the amounts of water that could be diverted to the Newlands Project from the Truckee River.
However, in 1970, the Tribe sued the Secretary of the Interior in the U.S. District Court for the
District of Columbia (Pyramid Lake Paiute Tribe ofIndians v. Morton, 354 F. Supp. 252 (D.C.
Cir. 1973), contending that the United States was not fulfilling its trust responsibility to the Tribe
in that the OCAP still allowed for the diversion of too much Truckee River water to the
Newlands Project and improperly allowed the diversion of water that would otherwise flow into
Pyramid Lake. The Tribe's lawsuit was successful, and the court ruled "in order to fulfill his
:fiduciary duty, the Secretary must insure, to the extent of his power, that all water not obligated
by court decree or contract with [TCID] goes to Pyramid Lake." The Secretary subsequently
amended the OCAP in 1973 to comply with the court ruling.
In the 1980s, the Tribe brought two additional lawsuits relating to the Truckee River water
quality standards for temperature, the Endangered Species Act, the Clean Water Act, and the
construction and expansion of the wastewater treatment plant upstream on the Truckee River in
Reno, Nevada. In 1996, an agreement was reached between the Tribe, Interior, the EPA, the
U.S. Department of Justice, the State of Nevada, Washoe County, and the Cities of Reno and
Sparks to settle the water quality issues on the lower Truckee River. That "Water Quality
Settlement Agreement" resulted in the joint funding by the U.S. Dept. of Interior and the local
governments of Washoe County, and the cities of Reno and Sparks of a fund for the purchase of
water rights for instream use to enhance Truckee River water quality.
These and other lawsuits ultimately paved the way for the passage of the Truckee-Carson
Pyramid Lake Water Rights Settlement Act of 1990, Public Law 101-618, 32 Stat. 3294, 3306,
referred to simply as the "Settlement Act." In the Settlement Act and its legislative history,
Congress recognized that continuing to apply the historic river operation regime was no longer
equitable or in the public interest. Accordingly, Congress authorized and directed the Secretary
to negotiate with the Tribe, Nevada and California a new operating agreement for Lake Tahoe
and the reservoirs in the Truckee River Basin to provide for a more efficient and equitable
operation of the Truckee River system, which ultimately came to be known as the Truckee River
Operating Agreement. Among other purposes, the Truckee River Operating Agreement was to
provide for the enhancement of spawning flows available in the Lower Truckee River for the
Pyramid Lake fishes in a manner consistent with the Secretary's responsibilities under the
Endangered Species Act.
As the foregoing brief history of the Truckee River and Pyramid Lake "water wars" makes
abundantly clear, as stewards of the Pyramid Lake Reservation and the cui-ui and Lahontan
cutthroat trout, the Tribe has worked for decades to protect the unique environment and natural
resources that are part of its Members' native culture. The Tribe has participated in negotiations
and fought through litigation to ensure the water continues to flow to Pyramid Lake in
perpetuity.
The Pyramid Lake Paiute Economic Development Fund
3
p
November 4, 2016
In addition to paving the way for the negotiation of the Truckee River Operating Agreement,
Section 208(a)(3) of the Settlement Act authorized the appropriation of the Pyramid Lake Paiute
Economic Development Fund in the total amount of $40,000,000. The Fund was appropriated in
5 equal installments in 1993, 1994, 1995, 1996, and 1997. Since its initial $40,000,000
appropriation, the Fund has gained interest in a Federal Government account while the Truckee ·
River Operating Agreement was negotiated and implemented. Today, as a result of the lengthy
del:;ty in negotiation and final implementation of the Operating Agreement in 2015, the interest
amount of the Fund (approximately $71,568,997.08 +interest) has eclipsed the principal amount.
Pursuant to the terms of the Settlement Act, the purpose of both the principal and interest
amounts of the Fund is to develop long-te1m, profit making opportunities for the Pyramid Lake
Tribe and its members, to create optimum employment opportunities for Tribal Members and to
establish a high quality recreation area at Pyramid Lake using the unique natural and cultural
resources of the Pyramid Lake Indian Reservation. Pursuant to Section 208(a)(3)(A) of the
Settlement Act, on March 18, 2011, the Tribal Council adopted the Pyramid Lake Economic
Development Plan. See Resolution No. PL 33-11 (attached hereto as Exhibit 1). Subsequently,
the Bureau of Indian Affairs, Western Nevada Agency, approved the Tribe's Economic
Development Plan on April 8, 2011. On June 17, 2016, the Tribal Council formally adopted
Option B of Volume No. 2 of the Economic Development Plan. See Resolution No. PL 41-16
(attached hereto as Exhibit 2).
Given the over 25 year delay in implementation of the Operating Agreement-the legal trigger
under the Settlement Act that allows the distribution of the Fund to the Tribe- the Tribe believes
an immediate use of a relatively modest portion of the Pyramid Lake Paiute Economic
Development Fund to maximize job creation and revenue for the Tribe is to put 50% of only the
earned interest amount of the Fund directly in the hands of the Tribal Members through an
economic stimulus payment. In order to maximize the use of the principal amount of the Fund,
the Tribe further believes that the continued management of the Fund by the Federal Government
through the Office of the Special Trustee is prudent at this time.
On September 16, 2016, the Tribal Council of the Pyramid Lake Paiute Tribe unanimously
adopted Resolution No. PL 74-16 (attached hereto as Exhibit 3), which adopted the Economic
Stimulus Payment Distribution Plan, providing a formal :framework for the distribution equal to
50% of the interest amount of the Pyramid Lake Paiute Economic Development Fund. Each
living enrolled member of the Tribe is eligible to receive an equal economic stimulus payment
from that distribution amount.
The Tribal Council of the Pyramid Lake Paiute Tribe requests that the Federal Government issue
economic stimulus payments to each eligible, living enrolled member, as of November 4, 2016.
The Tribe has undertaken to compile a certified enrollment list for this purpose, which was
approved by Tribal Council on November 4, 2016. See Resolution No. PL 104-16 (attached
hereto as Exhibit 4). The Tribe's qualifications for economic stimulus payments provide that all
Tribal Members age 22 or older at the time of distribution will be issued an economic stimulus
payment in the form of a lump sum check, and all Tribal Members under the age of 22 at the
time of distribution will have their economic stimulus payment placed in a minor's account to be
4
PY
November 4, 2016
managed by the Federal Government until the eligible Tribal Member reaches the age of22 at
which time a lump sum check will be issued to that Member.
Enclosed is the SF 1034 with Instructions for Disbursement of Funds. I would like to receive
notice of receipt and a notice of approval to begin making the necessary atTangements. Please let
us know if any other information or documentation is required. The Tribe prefers to have this
non-taxable distribution completed by the end of calendar year 2016.
On behalf of the Pyramid Lake Paiute Tribe, I want to sincerely thank you for your efforts to
date in overseeing the Pyramid Lake Paiute Economic Development Fund. The Tribe has waited
a long time for the benefits promised in the 1990 Settlement Act, and I respectfully request that
you help us get much needed direct economic assistance to our Members.
Respectfully,
~~
Pyramid Lake Paiute Tribe
Enc(s)
Cc:
Raylene Swan, WNA Fiduciary Trust Officer, 705 N. Plaza, STE 128, Carson City
Nevada 89701
Sally Jewel, Secretary of the Interior, 1849 C Street NW, Washington DC 20240
Robert Eben, WNA Superintendent, 311 E Washington St., Carson City, NV 89701
5
Pyramid Lake Paiute Tribal Council
Post Office Box 256
Nixon, Nevada 89424
Telepllone: (775) 574-1000 I 574-1001 I 574-1002
FAX (775) 574-1008
OP
RESOLUTION NO.: PL 41-16
RESOLUTION OF THE TRIBAL COUNCIL
OFTHEPYRAMIDLAKEPAIUTETRIBE
NIXON, NEVADA
WHEREAS, the Pyramid Lake Paiute Tribe is organized pursuant to the provisions of Section
16 of the Indian Reorganization Act (25 U.S.C. § 476) and is federally recognized
by the United States Government through the Secretary of the Interior and the
Bureau of Indian Affairs; and
WHEREAS, the Pyramid Lake Paiute Tribal Council, pursuant to Article VI, Section 1 (a) of the
Constitution and By-laws of the Tiibe has the authority to enter into negotiations
with the Federal, State, and local governments on behalf of the Tribe;
WHEREAS, the Pyramid Lake Paiute Tribe, pursuant to Article VI, Section l of the Constitution
and By-laws of the Tribe,
WHEREAS, on November 16, 1990, Congress approved Public Law 101-618, Title II, TruckeeCarson-Pyramid Lake Water Settlement: and
WHEREAS, Section 208 (a) (3) (A) of the act provides that the principal and interest amounts
for the Pyramid Lake Paiute Economic Development Fund shall be made available
for the Pyramid Lake Paiute Tribe for tribal economic development only in
accordance with a plan developed in consultation with the Secretary of the Interior;
and
WHEREAS, following a full public planning process and working in consultation with the
Secretary of the Interior, on March 18, 2011 the Pyramid Lake Tribal Council
unanimously adopted resolution PL-33-11 adopting the Pyramid Lake Economic
Development Plan; and
WHEREAS, a copy of the approved Pyramid Lake Economic Development Plan and adopted
resolution PL-33-11 was submitted and received by the Western Nevada Agency
and found consistent with provisions of the Public Law 101-618, Section 208 (3)
on April 8, 2011: and
WHEREAS, on December 5, 2015, the Truckee River Operating Agreement went into effect in
accordance with Public Law 101-618, Section 210(a): and
WHEREAS, the Pyramid Lake Paiute Tribe wishes to implement the Pyramid Lake Economic
Development Plan and use the Pyramid Lake Paiute Economic Development Fund
created by Public Law 101-618 to create long term profit making opportunities, to
create optimum employment opportunities and to establish a high quality recreation
area at Pyramid Lake: and
Pyramid Lake Paiute Tribal Council
Page2
RESOLUTION NO.: PL 41-16
PY
NOW, THEREFORE BE IT RESOLVED, that the Pyramid Lake Paiute Tribal Council hereby
formally adopts Option B of Volume #2 of the Pyramid Lake Economic
Development Plan and orders the Secretary of the Interior to distribute 50% of the
interest amount of the Pyramid Lake Paiute Economic Development Fund in the
form of an economic stimulus payment to each eligible, living enrolled member of
the Pyramid Lake Paiute Tribe.
CERTIFICATION
It is hereby certified that the foregoing resolution of the Pyramid Lake Paiute Tribal Council, governing
body of the Pyramid Lake Paiute Tribe, composed of ten members, of whom eight (8) constituting a
quorum were present at a meeting duly held on the I 7h day of June , 2016 was adopted by the affirmative
vote of seven (7) FOR and zero (0) AGAINST, with zero (0) ABSTENTIONS; pursuant to the authority
contained in the Constitution and By-laws of the Pyramid Lake Paiute Tribe.
Brenda A. Henry, Tribal Sec t ry
Pyramid Lake Tribal Council
Pyramid Lake Paiute Tribal Council
Post Office Box 256
Nixon, Nevada 89424
Telephone : (775) 574-1000 I 574-1001 I 574-1002
FAX (775) 574-1008
COP
RESOLUTION NO.: PL 74-16
RESOLUTION OF THE TRIBAL COUNCIL
OF THE PYRAMID LAKE P AIUTE TRIBE
NIXON, NEVADA
WHEREAS, the Pyramid Lake Paiute Tribe is organized pursuant to the provisions of Section
16 of the Indian Reorganization Act (25 U.S.C. § 476) and is federally recognized
by the United States Government through the Secretary of the Interior and the
Bureau oflndian Affairs; and
WHEREAS, the Pyramid Lake Paiute Tribal Council, pursuant to Aiticle VI, Section 1 (a) of the
Constitution and By-laws of the Tribe has the authority to enter into negotiations
with the Federal, State, and local governments on behalf of the Tribe;
WHEREAS, the Pyramid Lake Paiute Tribe, pursuant to Article VI, Section 1 of the Constitution
and By-laws of the Tlibe,
WHEREAS, on November 16, 1990, Congress approved Public Law 101-618, Title II, TruckeeCarson-Pyramid Lake Water Settlement: and
WHEREAS, Section 208 (a) (3) (A) of the act provides that the principal and interest amounts
for the Pyramid Lake Paiute Economic Development Fund shall be made available
for the Pyramid Lake Paiute Tribe for tribal economic development only in
accordance with a plan developed in consultation with the Secretary of the Interior;
and
WHEREAS, following a full public planning process and working in consultation with the
Secretm-y of the Interior. on March 18, 2011 the Pyramid Lake Tribal Council
unanimously adopted resolution PL-33-11 adopting the Pyramid Lake Economic
Development Plan; and
WHEREAS, a copy of the approved Pyramid Lake Economic Development Plan and adopted
resolution PL-33-11 was submitted and received by the Western Nevada Agency
and found consistent with provisions of the Public Law 101-618, Section 208 (3)
on April 8, 2011: and
WHEREAS, on December 5, 2015, the Truckee River Operating Agreement went into effect in
accordance with Public Law 101-618, Section 210(a): and
WHEREAS, the Pyramid Lake Paiute Tribe wishes to implement the Pyramid Lake Economic
Development Plan and use the P:yTamid Lake Paiute Economic Development Fund
created by Public Law 101-618 to create long term profit making opportunities, to
create optimum employment opportunities and to establish a high quality recreation
area at Pyramid Lake: and
Pyramid Lake Paiute Tribal Council
. ·Page 2
RESOLUTION NO.: PL 74-16
co
WHEREAS, on June 17, 2016 the Pyramid Lake Tiibal Council unanimously adopted resolution
PL-41-16 formally adopting Option B of Volume #2 of the Pyramid Lake
Economic Development Plan and ordering the Secretary of the Interior to distribute
50% of the interest an10unt of the Pyramid Lake Paiute Economic Development
Fund in the form of an economic stimulus payment to each eligible, living enrolled
member of the Pyramid Lake Paiute Tiibe: and
WHEREAS, following a full public planning and outreach process with the Tribal Membership
the Tribe has created a final draft of the "Economk Stimulus Payment Distribution
Plan for the Pyramid Lake Paiute Economic Development Fund": and
NOW, THEREFORE BE IT RESOLVED, that the Pyramid Lake Paiute Tribal Council hereby
formally adopts the "Economic Stimulus Payment Distribution Plan for the
Pyramid Lake Paiute Economic Development Fund" and orders the Secretary of
the Interior to distribute an economic stimulus payment to each eligible, Jiving
enrolled member of the Pyramid Lake Paiute Tribe according to the adopted plan.
BE IT FINALLY RESOLVED, that nothing in this resolution shall be construed as a waiver of
the sovereign immunity of the Tribe.
CERTIFICATION
It is hereby certified that the foregoing resolution of the Pyramid Lake Paiute Tribal Council, governing
body of the Pyramid Lake Paiute Tribe, composed of ten members, of whom ten (10) constituting a
quorum were present at a meeting duly held on the 16t" day of September , 2016 was adopted by the
affirmative vote of nine (9) FOR and zero (0) AGAINST, with zero (0) ABSTENTIONS; pursuant
to the authority contained in the Constitution and By-laws of the Pyramid Lake Paiute Tribe.
Brenda A. Henry, Tribal Secretary
Pyramid Lake Tribal Council
OPY
ECONOMIC STIMULUS PAYMENT
DISTRIBUTION PLAN
for
PYRAMID LAKE PAIUTE ECONOMIC
DEVELOPMENT FUND
Pyramid Lake Paiute Tribe
Adopted by Resolution
PL 74-16
September 16, 2016
Pyramid Lake Paiute Tribe
September 16, 2016
Economic Stimulus Payment Distribution Plan
OPY
Pyramid Lake Paiute Economic Development Fund Background
Over the last century the Tribe has engaged in on-going legal disputes with the Federal
Government over waters rights to the Truckee River and Pyramid Lake. Beginning with the
construction of Derby Dam in 1905, diversion of Truckee River water has caused major concern
for the survival of Pyramid Lake. The lake level dropped eighty-seven feet from 1912 to 1967.
Carrying its disputes to the Federal courts, the Pyramid Lake Paiute Tribe negotiated a
landmark decision in 1990 when the U.S. Congress passed the Truckee-Carson-Pyramid Lake
Water Rights Settlement Act, Public Law 101-618.
Public Law 101-618 Section 208(a)(3) authorized the appropriation of the Pyramid Lake Paiute
Economic Development Fund in the amount of $40,000,000. The fund was appropriated in 5
equal installments in 1993, 1994, 1995, 1996, and 1997. Since its initial $40,000,000
appropriation the fund has gained interest in a Federal Government account. Today the interest
amount is worth more than principal amount. The purpose of both the principal and interest
amounts of the fund is to develop long-term, profit making opportunities for the Pyramid Lake
Tribe and its members, to create optimum employment opportunities for Tribal Members and to
establish a high quality recreation area at Pyramid Lake using the unique natural and cultural
resources of the Pyramid Lake Indian Reservation .
In accordance with the Pyramid Lake Economic Development Plan the Tribe believes an
effective use of the Pyramid Lake Paiute Economic Development Fund and a great way to
maximize job creation and revenue for the Tribe is to put 50% of interest amount of the fund
directly the hands of the Tribal Members through an economic stimulus payment. In order to
maximize the use of the principal amount of the fund, the Tribe further believes that the
continued management of the fund by the Federal Government is prudent.
IMPORTANT NOTES
1. The Tribal Council of the Pyramid Lake Paiute Tribe unanimously adopted Resolution
PL41-16 which allows a distribution equal to 50% of the interest amount of the Pyramid
Lake Paiute Economic Development fund. At the time the distribution is made each living
enrolled member of the Tribe is eligible to receive an equal economic stimulus payment
from that distribution amount.
2. The Federal Government acting upon direction from the Tribe will issue the economic
stimulus payments from the Tribe's trust account to each eligible, living enrolled members
regardless of age.
3. Tribal Members above the age of 22 at the time of distribution will be issued an economic
stimulus payment in the form of lump sum check from the Tribe's trust fund account and
in accordance with submitted the SF 1034 form.
4. Tribal Members under the age of 22 at the time of distribution will have their economic
stimulus payment placed in a minor's account to be managed by the Federal Government
until the eligible Tribal Member reaches an age of 22 years old.
2
Pyramid Lake Paiute Tribe
September 16, 2016
Economic Stimulus Payment Distribution Plan
OPY
5. The Pyramid Lake Paiute Tribe is not requiring any Tribal Member to accept this payment.
6. It is the intention of the Pyramid Lake Paiute Tribe that all economic stimulus payments
be sent directly from the Federal Government to the individual Tribal Member. The Tribe
will only be responsible with providing the Federal Government with a certified payment
roll of information that is required to make the payments.
7. The economic stimulus payment will be in the form of a lump sum payment from the Tribe's
trust fund account and will be exempt from Federal Income Tax requirements.
8. Although the economic stimulus payments are exempt from Federal income tax
requirements, these payments may also affect the eligibility of persons and families for
certain Federal and State programs. These programs include but not limited to; food
stamps, Supplemental Security Income (SSI), General Assistance, Head Start, Women,
Infant & Children (WIC), Low-Income Energy, Health Care, among other programs.
Impacts to Tribal Member benefits may vary, it is the recipient's responsibility to check
with the administering agency of that program to see what effect the economic stimulus
payment may have on eligibility or amounts of assistance.
9. If an economic stimulus payment check is returned or otherwise not claimed, the Federal
Government will hold the funds for a period of time in accordance with existing regulations
and policies. After a diligent search, the payment shall be voided for disbursement and
returned to the Pyramid Lake Paiute Economic Development Fund, upon approval of the
Tribal Council
10. It is a Tribal Member's responsibility to ensure their current address and social security
information is on file with the Tribal Enrollment Office.
11. All new applications for Tribal enrollment must be submitted to the Tribal Enrollment Office
by 4:30 PM September 30, 2016.
Economic Stimulus Payment
Each eligible, living enrolled member of the Pyramid Lake Paiute Tribe that is included on a
payment roll certified by the Tribal Council on November 4, 2016, shall receive an equal economic
stimulus payment from the distribution of the Pyramid Lake Paiute Economic Development Fund.
In order to receive an economic stimulus payment each living, eligible enrolled member of the
Tribe must have a current mailing address and social security number on file at the Tribal
Enrollment Office prior to the date of distribution.
Tribal Member Eligibility Requirements to Receive a Economic Stimulus Payment
Each eligible, living enrolled member of the Pyramid Lake Paiute Tribe shall receive an equal
economic stimulus payment from the distribution of the Pyramid Lake Paiute Economic
Development Fund. The economic stimulus payment will be in the form of a lump sum payment
check and will be exempt from Federal Income Tax requirements.
3
Economic Stimulus Payment Distribution Plan
Pyramid Lake Paiute Tribe
• September 16, 2016
In order to receive an economic stimulus payment from the Federal Governme ,
the Tribe must meet the following requirements.
1) Be a living enrolled member of the Pyramid Lake Paiute Tribe in
accordance with Tribal Enrollment Law.
2) Have an active Social Security number and current mailing address on
file.
3) Be included on a certified payment roll of eligible members that is
approved by the Tribal Council and submitted to the Federal Government.
Minors Trust Accounts for Economic Stimulus Payments
Eligible Tribal Members who are under the age of 22 at the time of distribution by the Federal
Government will be given an equal economic stimulus payment. However, their share of the
fund will be placed in a minor's account to be managed by the Federal Government until the
eligible Tribal Member reaches an age of 22 years old. Upon eligibility to access the fund, Tribal
Member will do so in accordance with existing Federal regulations and policies.
Future withdraws of an individual minor's account would be exempt from Federal Income Tax
requirements. Any interest earned in the account will be retained by the eligible Tribal Member.
At age 22 the eligible Tribal Member would submit a request to the Federal Government to
withdraw their economic stimulus payment. If the minor does not claim their funds within six
years of their 22nd bfrthday, or if the minor cannot be located after a diligent search within six
years of their 22nd birthday, then the Tribe may request in writing that the funds be deposited
into the Economic Development account.
Supervised Trust Accounts for Economic Stimulus Payments
Eligible Tribal Members who are deemed under Tribal & Federal law as not able to receive their
own economic stimulus payment or are prohibited from doing so by a court order or similar
action at the time of distribution will be given an equal economic stimulus payment. However,
their share of the fund will be placed into a supervised account to be managed by the Federal
Government until the eligible Tribal Member is able to withdraw their payment. Future withdraws
from an individual supervised account would be exempt from Federal Income Tax requirements.
Any interest earned in the account will be retained by the eligible Tribal Member. When able to
withdraw their payment the Tribal Member will need to submit a request to the Federal
Government in accordance with existing regulations and policies. Any uncashed or returned
checks shall be placed in a separate returned account held by the Federal Government. If, after
six years and a diligent search for the individual recipient, the funds remain in the returned
account, then the Tribe may request in writing that the funds be deposited into the Economic
Development account.
Court Orders
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Pyramid lake Paiute Tribe
September 16, 2016
Economic St imulus Payment Distribution Plan
Each eligible, living enrolled member of the Pyramid Lake Paiute Tribe sha&rec:;swie
equal economic stimulus payment from the distribution of the Pyramid Lake Paiute
Economic Development Fund.
However, an individual members' payment may be subject to writs of attachment or
garnishment from an existing court order issued from any federal, state or tribal court,
regarding delinquent child support, as long as such are judgments entitled to full faith
and credit in conformity with the Full Faith and Credit for Child Support Orders Act Tribal
IV-D ("FFCCSOA Tribal IV-D").
Additionally, individual members' payment may be subject to writs of attachment or
garnishment from an existing court order issued from the Pyramid Lake Tribal Court
pursuant to the Pyramid Lake Law & Order Code §3.03.316, Payments of Judgements
from Individual Indian Monies.
Amendment or Repeal of Plan
This plan, and any Section, part, and word thereof, may be amended or repealed by adoption of
a resolution from the Tribal Council. Authorization is given to the Tribal Council to make any
technical changes or amendments necessary to achieve the approval of this plan by the Federal
Government.
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Pyramid Lake Paiute Tribal Council
Post Office Box 256
Nixon, Nevada 89424
Telephone: (77$)"574-10001574-10011574-1002
· FAX (775) 574-1008
RESOLUTION NO.: ----=P'-=L. . .3-=3......;;-1=1.__
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RESOLUTION OF THE TRIBAL COUNCIL
OFTHEPYRAMIDLAKEPAIUTETRIBE
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NIXON, NEVADA
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WHEREAS, the Pyramid Lake Paiute Tribe is organized pursuant tQ f.he pi:ovi~io~ ~f Section
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16 of the Indian Reorganization Act (25 U.S.C. § 476) and is federally rec()gnized
by the· United States Government through the Secretary of the Jri.terior ajid the
: · Btireaµ of Indian Affairs; and
WJiEREAS, the Pyramid Lake Paiute Tribal Council, pursuant to Article VI, Section 1 (a) of
the Constitution and By-laws of the rribe, has the authority to enter into
negotiations with the Federal, State, and local governments on behalf of the Tnoe;
and
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WHEREAS, on November 16, 1990, Congress approved Public Law 101-618, Title II,
Truckee-Carson-Pyramid Lake Water Settlement; and
WHEREAS, Section 208 (a) (3) (A) of the Act provides that the principal and interest amounts
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for the Pyramid Lake Paiute Economic Development Fund shall be made
available for the Pyramid Lake Paiute Tribe for tribal economic development only
in accordance with a plan developed in consultation with the Secretary of the
Interior; and
WHEREAS, the Act provides that objectives of the plan shall be to develop long term, profit. making opportunities to the Pyramid Lake Paiute Tribe and its members, to create
optimum employment opportunities for tribal members and to establish a high
quality recreation area at Pyramid Lake using the unique natural and cultural
resources of the Pyramid Lake Indian Reservation; and
WHEREAS, after a full public planning process and working in consultation with the Secretary
of the Interior, the Pyramid 18.ke Paiute Tribal Council approved Volume #1 of
the Pyramid Lake Economic Development Plan: the Strategic Economic
Development Plan at its regular meeting of July 2, 2010; and
WHEREAS, after a full public planning process and working in consultation with the Secretary
of the Interior, the Tribe has developed Volume #2 of the Pyramid Lake
Economic Development Plan: the Investment and Management Plan, attached
hereto and incorporated herein by reference; the Investment and Management
Plan outlines the process for orderly investment, administration and withdrawal of
the trust fund account; and
(,
' RESOLUTION NO.:
PL 33-11
OPY
Page2 of2
WHEREAS, the Pyramid Lake Paiute Tribal Council recognizes the need for an economic
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development plan to satisfy those needs and meet the requirements outlined by
P.L. 101-618, Title IT, Section208 (a) (3).
NOW, THEREFORE BE IT RESOLVED, that the Pyramid Lake Paiute Tribal Council
hereby adopts the Pyramid Lake Economic Development Plan, attached hereto and incorporated
herein by reference.
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BE IT FINALLY RESOLVED, that the Tribal Chairman is hereby authorized to submit the
attached copy of the Plan to the Secretary of the Interior as stated in Section 208 (a) (3) (D) of
the Act.
CERTIFICATION
It is hereby certified that the foregoing resolution of the Pyramid Lake Paiute Tribal Council, governing
body of the Pyramid Lake Paiute Tribe, composed of ten members, of whom ten (10) constituting a
quorum were present at a meeting duly held on the 111" day of MARCH , 2011 was adopted by the
affinnative vote of nine (9) FOR and zero (OJ AGAINST, with zero (0) ABSTENTIONS; pursuant
to the authority contained in the Constitution and By-laws of the Pyramid Lake Paiute Tribe.
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Pyramid Lake Paiute Tribal Council