# LONG-RANGE TRANSPORTATION PLAN (2021)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Apyramid_lake%3A9ef01749c59de1e1

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

LONG-RANGE TRANSPORTATION PLAN

FOR THE
PYRAMID LAKE PAIUTE TRIBE

MAY 2021 sles By:
High Road
Pyramid Lake Paiute Tribe ENGINEERING, INC.

908 Capitol Hil PO Box 97
Nixon, NV 89424 St. George, Utah 84771

435.767.8481

TABLE OF CONTENTS

1.0 JMtOAUCHION ccnsnccsecciicessmomamnnmnsconnne none coOEtNTOURCRNEEONNENRERTER 4
1.1 Tribal Transportation ProOgrantt vcs cccnsccsacnsmeemmonnennm eC: 4
1.2 Study Purpose And SCOPEC.h...... ceeeeeceeeeeeeeeeeeeeeeeeeneeeeeaeeaeeaaaaaaaeeeeeeeeeeeeeeeaeaneagenea 6
1.3 Description of the Study Period & Methodology ........c:cccccccccceceeceeseceeeeeeeeeeeeeeee 7
1.4 Organization Of Study... eeeeseeeeeseeeeeeeeeeeeeeeteeaeaaesaeaaeeaaaaaaaaeeeeeeeeeeeeeeaeaaaaaeee 8
12 FREE CeGYA VE ea we nmemeneninees sien rnin rnSi eihA ieascersi ee tenceein RST RI 9
1.6 Trarsportation Plan SUMMAl ys. ses iss ccseisesmsnessecmumemnncneres annn acme eaay 11
16% Prelit PAU CA CNS ia es cra scrses cs ors ere ew enennonaeenaannemcncennara emer eeanamnaMCeRsenenaNNeE 11
1.8 Funding Distribution FOrMUuIa ..0..... cc eeeeeeeeeeeeeneeeeeeeneeeeeeneeeeeeeeeeeeeeeeeeeeaaanaee es 13

2.0 Existing Conditions ..........cccceeeeeeeeeeeeeeeeeeeeeeeneeeeeeeeeeeeeeeeneneeeessasaseseeeeesenseeeseeeeenenes 15
2.1 Background Data ........cccceccccsecceeceeeeeeeeeenneeeeeecesneeeeseeceeeeeesseneeeeeeeeeesseeenaneeeeees 15

2.1.1. Demographics and Socioeconomic Data.........c.cccccecsecsseseeteteeeeeeeeeees 18
2.1.1.1 Population anid Growth wsisscscsssaamsverevs avn sausnnans osoxexmussenewnseevenas 18
S112 BPD OY MC i hiss as sosccserassamcmsnmemcnenenmmeensmres ienexemnmnmmminennsess 19
2.1.1.3 Title VI and Environmental JUStICE ........eceteeeeeeeeeeeeeeeeeeeees 19

2.1.2 Physical Characteristics...............ecccecceeeceeeeeeeeeneeeeeeeeeeeeeeeeeeeeeeeeeeeeees 20
2.1.2.1 Topography and SoOilS..........cccccceeeseeeeeseneeeeeeeeeeseeeeeeeeesseesnaeeess 21
2.1.2.2 Visual RESOUICES ......... cc cee ceeececeeeneee eee eeeeeeeeaaaaeeeeaeeaecaaeaeeeeeeeeenenes 21
BT ei) PRI GVUD EU is cscs sat cca eset ARABIA RRA RATS Hinisnnttliesreormnmal 22
212A NOISE WNPACS ss soccsnsanssnnccnsmnateneennmammenncmine mamnnrmanenanenenonen es 24
2.1.2.5 Water QuUaLItY .........cccccccccceceneeceeesseeeeeecsneeeeesesessneaeeeeeeesesseaeeees 24
2.1.2.6 Biological RESOUICES ..........cccccssssssseeseeeeeeseeeeaeeaaeeseeeeeeeeeseessaaeanes 24
2.1.2.7 Cultural RESOUICES 00.0... eect eee eter tetera aa eae aaaaeaaaaaaaaaaaeaaee 29

2.1.3 Land OWNErSNHIP........... cece eeeeeeaeeeeeeeeeaeeeeceesaesaaaaeaaeeseeeeeeeeeeeeeseaeaees 30

2.1.4 Existing Land USC... cece ccccceeeeeeeeeeeeeneaaeeeeeeeeeeeeeeeeeeeeeeeeeneees 31
214.1 R@SIAG NTA ccscccesmnanssensas ces memeauns srxearumememmnonesies mmmameaennnmnananneT 32
1 AZ, COMTIORCIAL camanemncsesmewesesns.ame nesarsqavecwsinemcusmecrmwemersn aemmeemmemecenmun 33
2.1.4.3 Institutional and Public Services ...............ceceeeeeeeeeeeeeeeteteeeaeeeeeees 34
2.1.4.4 Recreational ........cccccccccccccececcceeeeeeeeeeeeeeeeeeeeaeeaeaeaaaaaaaaaaeaaaeeeeaes 35
2.1.4.5 AQriCUltUral............cccccceccccceceeeeeseeeeeeeeeeeeeeeeeeeeeeesaaasaaaaaeaaaaeaaeeaeenas 38

2.1.4.6 Other USES .....cccccccecccecececcceceeccceeeceeccceceveeeeecseceeeaeeaeeaeeenseeaeeaees 38
2.2 THANSPOFtalion SYS cis sccainsncnmesnmmmmecns an anemsnrenemmmmnmeemnN 40

2.2.1 Existing Roadway SyStem 00.0... cccscesssseessssseeeseeeeeseessseeeeeeeeseeas 40
2.2.1.1 Overview of Current SYStOM....... i eeeeeeeeeeeeeeaeeeeeeeeeeeeeeees 40

2.2.1.2 Road Maintenance .........ccccc etree eeeeeeeeeeeeeeaeeeeeeeeeeeeeeeeees 41

22A08 Road COnStruCtiOlt.........n00sssnaicas as sono men NeD 42

22.2 Ftiictional Classifications Of ROSAWAYS scsi: csccusresoomensemcenmeaewosss 42
2ée20l FHWA Functional Class Cations vercncensecnmssamcannacmemecesxanmsnunnnccn 43

2.2.2.2 NDOT Functional Classifications ...........cccceeeeeeeeeeeeeeeees 44

2.2.2.3 BIA Functional Classifications .............ccececeeeeeeeeeeeeeeeeeeeeeeeeeenees 44

2.2.3 ROA INVENLOSY ooo... eee eeeeeeeeeeeeeeeee eee eeteeeeeeeeeeeeeeeaaeeeeeeeeeeneeeseeeeeeeeneeas 46
2.2.4 Right-of-Way Status... cc. cccccccsssesscsssseeessssseeeeeeeeesssssssseeseseesenees 47
225 ‘Traftié Goniteel ..........s0sssin ics on cas eeneNREENE Monee 47
226 DYSiNaGe AMI BRAQSS cvesssssmcansnsnensemsmnennnnveons mussoneneans enememmiommes 47
22.0 SilCSt LISAUNG senescence REE OROERARONKRAD 48
2.2.8 Public Transit, School Bus and Mail ROuteS .0......eeeeeseeeeeeeeeeenees 48
2.2.9 Pedestrian / Bicycle FacilitieS 20.0.0... eee eeeseeeeeeeeeeeeeeseeeeeeeeeeneeas 49
2.2.10 Recreation, Tourism, ANd TrailS...............ccccccceessseeeeeeseeeeeeeeeaaeeeeeeees 50
Z2A1 LGW ERTOPEGINGHI.......cccronnnncennsnninenn tensa sensi cincmanenanones oak caaOMRNNAENN 51
ZAAND AiG OP wisscaxcincisnscncccmmeennemenaemne ea TERRI 51

2.3 Existing Titifie VGlMMGScrcccscrmmamcenmmemamenesiss eecernemiencasas aneanueemummnmmenentn 51
2.4 Vehicle Crash Data .........ccccccccceeeeeeee cette etree eeenieeeeeeeeeteeenneeeeeeeeeeseeessneeseeaaes 51
3.0 The Transportation Planr.....ccccccssceccssseneeseseuseenessseeesesesenseesseneeneeseesaeenenneeseeseeseenens 54
3.1 Future Land USC .......cccccccccccccccccceeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeseeeenaaaneneeeeeeeneeneenags 54
3.1.1 Tribal Goals and Objectives......... ee eeeeeeeeeeseeeeeeeeeseesseneeeeeenesaaes 54
3.1.2 Short & Long-Range Development Plans.............:ccceesesessseeeeeeseesees 55
3.13 Growth ASSUMPTIONS, cxisecuneennsmemeeerssenesmceumens cxnommawcesene commas 56

3.2 Projected Travel Denied s cs is cescsncemaxcormencsnsrecnescanesnem exscmane cxsesneserrenuen canons cee 56
3.2.1 Projected Traffic VOIUMES......0....:cccceceeeeteeeeeeneeeeeeeeeeeeeesnneeeeeeeseaaes 57

3.3 Analysis of Demand and Capacity ........ cee ccesseecesesessseeeeesseseseeeesneeseeaaees 59
3.4 Recommended Transportation Plan..............eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeraeeaas 61
34,1 Road liiprovement Projects ....sccicscnccsasaccaenmenn ves aemwcenns evs enue anmweaws 62
3.4.2. Government Agency Responsibility ..............ccccccsssssccseeeeeeseeeeeeeeeees 69
S40 Projet Cost EStGleS specesacccnasmmmumoseesememaameneen mmmeemnnemmans 70
3.4.4 Proposed Revisions to BIA Road SyStem..........ccccccsesseeeesseeeesteees 78
3.4.4.1. Roads to be Added, Deleted, or Renumbered............::::ccceeeeees 79
3.4.4.2 BIA Road System Mileage Corrections...........cccceeeeeeeeeeeees 81
3.5 5-Year Tribal Transportation Improvement Program (TTIP)..........eeeeeeeeeeeees 81
3.6 Plan Implementation atid Updating ........0. sicaicarsnisnencmessmerenmemmnenanancameeanmenie 83
3.f Procedures Tor DevelopMent ROAGS sa. sa. 1s covessoxssssensecnnovnsessenmasmm coamnasanesa nee 83
G.%:1 DeSiGh Standard sicssccasonssesses ves wa verenmnwansssnanemancmmmienestasnenanemen 84
3.7.2 Plan Submittal and RevieW..........cccccccceeeseeeeeeereeeeeeeeeeeeeeeeeeeeeeneeeeeess 84
3.7.3 COMStrUCTION MONITOLING........ ee ee eeeeeeeeeesteeteeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeees 84
3.7.4 Maintenance FUNCINgG .............. cece ceeeeeeeeeeeeeeeeeeseeeeeaeuaeeaeeuaeaeaeeeaeeeeeees 84

LIST OF FIGURES, EXHIBITS & MAPS
Figure 12 Vieiriify MAP swisssvsessicnenvass sam ane asneomnamnmnnmecanenesias can euaaumneienn eameneasenecentnnannnsiers 10
Figure 2. Sid y Acie) WES serccces eases senereeenceemecemmsenoneu nine cur eReMNNeKRy ERERMERINTENNeeHs 17
Figure 3: Wadsworth to Pyramid Lake Trail ..........cccccccesseeessseeessseeseeseeeeeeeeeeeeeeeeaeeeees rif
Figure 4: Pyramid Lake SCenic ByWay .......ccccccccsssesesssseeeeeesseeeeeeseeseeeeeeeeeeeeseaeeeeeeee 39
Figure 5: Short-Range Projects MapS.....iescrcisecsmnncannansnannemsime oan en wn een aenennnananarens 66,67,68

APPENDICES

Appendix A — AADT Map, School Bus Route Maps, Mail Route Maps, Crash Data

Maps, Existing Conditions Maps, Future Conditions Maps
Appendix B — Road Inventory Data
Appendix C — 5 Year Tribal Transportation Improvement Program

Appendix D — NDOT and RTC 5 Year Transportation Plans

Appendix E — Tribal Resolution and Certification of Maintenance from Road Owners

Appendix F — Public Meeting Minutes

Appendix G - 25 CFR Part 170 and 23 U.S.C. 202
PART ONE
1.0 Introduction

This transportation study for the Pyramid Lake Indian Reservation was prepared for the
Pyramid Lake Paiute Tribe (PLPT/Tribe) and the Bureau of Indian Affairs (BIA) in
accordance with the Federal Lands Highway Office of Tribal Transportation Program
Delivery Guide — 2019, A Guide for Tribes Having a Tribal Transportation Program
Agreement with FHWA revised August 26, 2019. The policy requires that Tribal, State,
and Federal Government agencies carry out a transportation planning process for the
Tribal Transportation Program (TTP) deemed to be adequate to support their construction
and improvement program in accordance with 23 U.S.C. § 202 — Tribal Transportation
Program, 25 U.S.C. Indians, and under the guidance of 25 CFR Part 170.

1.1 Tribal Transportation Program

The Tribal Transportation Program (TTP) is the largest program in the Office of Federal
Lands Highway. Established in code 23 U.S.C. § 202 to address the transportation
needs of tribal governments throughout the United States, the program is to provide
safe and adequate transportation and public road access to and within Indian
reservations, Indian lands, and Alaska Native Village communities. There is a total of
566 federally recognized tribes that share the funds under the TTP. A prime objective of
the TTP is to contribute to the economic development, self-determination, and
employment of Native Americans.

Under the Fixing America’s Surface Transportation Act (FAST Act), the program
received $495 million in fiscal year 2019 and is authorized to receive $505 million in
fiscal year 2021. Two percent (2%) of the available TTP funds are set aside for
planning, an additional three percent (3%) are set aside for improving deficient bridges,
and an additional two percent (2%) are set aside to address safety issues on Native
lands. Safety funds are available through a competitive, discretionary program.

Tribal Transportation Facilities means public roads and transportation facilities that
are located within, or provide access to, an Indian reservation, Indian trust land, or
restricted Indian land which is not subject to fee title alienation without the approval of
the Federal Government, or Indian and Alaska Native villages, groups, or communities
in which Indians and Alaskan natives reside, whom the Secretary of Interior has
determined are eligible for services generally available to Indians under Federal laws
specifically applicable to Indians. This term includes all or part of the following systems:

Bureau of Indian Affairs Federal-Aid Roads- Existing public highways and proposed
routes which qualify as Bureau of Indian Affairs (BIA) roads under the National Tribal
Transportation Facility Inventory (NTTFI) pursuant to the provisions of Section 101(a) of
23 U.S.C. and for which the Bureau of Indian Affairs has or plans to obtain right-of-way.

Pyramid Lake Paiute Tribe Long-Range Transportation Plan Page | 4
Bureau of Indian Affairs Reservation Development Roads — Existing public highways
and proposed routes for which the BIA has, or plans to obtain legal right-of-way and that
serve the development needs of Indian Reservations and Alaskan Native Villages.

Other Bureau of Indian Affairs Branch Roads - Existing roads owned and maintained by
other branches of the BIA (includes Forestry and Facility Management roads).

Highway Trust Fund Roads - Existing BIA routes or sections of routes which were
constructed or improved with the use of Highway Trust Funds.

Tribal Roads — Existing and proposed public roads located on an Indian Reservation or
Trust Land that are under the jurisdiction and are maintained by a Tribe, and for which
the Tribe has or plans to obtain right-of-way.

County or Township Roads - Public roads whose rights-of-ways are under the
jurisdiction of a County or Township.

State Highways - Public highways whose rights-of-way are under the jurisdiction of a
State.

Other Federal Agency Roads - Public roads whose rights-of-way are under the
jurisdiction of various Federal Agencies such as Bureau of Land Management, Forest
Service, Corps of Engineers, Department of Defense, Bureau of Reclamation, or
National Park Service.

National Tribal Transportation Facility Inventory (NTTFI) means, at a minimum,
transportation facilities that are eligible for assistance under the Tribal Transportation
Program (TTP) that an Indian Tribe has requested, including facilities that meet at least
one of the following criteria:

1) Were included in the Bureau of Indian Affairs system inventory prior to October 1,
2004.

2) Are owned by an Indian Tribal government (“owned” means having the authority
to finance, build, operate, or maintain the facility (see 23 U.S.C. 101(a)(20)).

3) Are owned by the Bureau of Indian Affairs (“owned” means having the authority
to finance, build, operate, or maintain the facility (See 23 U.S.C. 101(a)(20)).

4) Were constructed or reconstructed with funds from the Highway Trust Fund
under the Indian reservation roads program since 1983.

5) Are public roads or bridges within the exterior boundary of Indian Reservations,
Alaska Native villages, and other recognized Indian communities (including
communities in former Indian reservations in the State of Oklahoma) in which the
majority of residents are American Indians or Alaska Natives.

6) Are public roads within or providing access to either:

a. An Indian reservation or Indian trust land or restricted Indian land that is
not subject to fee title alienation without the approval of the Federal
Government; or

b. An Indian or Alaska Native villages, groups, or communities whose

Pyramid Lake Paiute Tribe Long-Range Transportation Plan Page |5
residents include Indians and Alaska Natives whom the Secretary has
determined are eligible for services generally available to Indians under
Federal laws applicable to Indians.

7) Are primary access routes proposed by tribal governments, including roads
between villages, roads to landfills, roads to drinking water sources, roads to
natural resources identified for economic development, and roads that provide
access to intermodal terminals, such as airports, harbors, or boat landing.

1.2 Study Purpose and Scope

This Long-Range Transportation Plan (LRTP) was prepared by High Road Engineering
to meet the Pyramid Lake Paiute Tribe’s goal of identifying and inventorying roads
eligible for the NTTFI system in order to secure funding for needed transportation
improvements. This study presents a plan to improve existing transportation facilities
and develop new transportation opportunities within the PLPTT Reservation and
evaluate present and future transportation needs in and around Reservation Lands. The
LRTP will provide the Tribe a plan to establish a prioritized listing of road
improvement/construction projects to meet current and projected transportation needs.
The study will also be used for the development of a Tribal Transportation Improvement
Program (TTIP) to implement a short term (5 year) construction program.

Key focus areas of the LRTP are safety, health and economic development. The LRTP
also Identifies road inventory updates to the Tribal Transportation Program (TTP),
formerly known as the Indian Reservation Roads (IRR) Program. That assist in
expanding the level and types of funding available for transportation projects. The
program is jointly administered by the Federal Highway Administration’s Office of
Federal Lands Highway (FLH) and the Bureau of Indian Affairs (BIA) in accordance with
a memorandum of understanding.

This study considers the potential transportation impacts of existing and planned tribal
development projects to establish a prioritized list of transportation needs. The study
includes the following tasks:

Inventory of TTP roads and transportation facilities.

Identify obvious hazards that exist on/along the TTP system.

Identify and evaluate present and future transportation needs.

Provide a 20-year transportation plan that defines those needs and is responsive
to short- and long-term development projections.

e Develop a prioritized listing of recommended road improvements/construction
projects for use by the Tribe and BIA in implementing a construction program to
meet current and projected (20-year) transportation needs.

The objective of this study is to produce a LRTP recommendations providing for multimodal transportation facilities that will enable Tribal leaders to take advantage of
desirable development opportunities, protect community resources and traditions, and
enhance the use of the Tribe's land by its residents.

Pyramid Lake Paiute Tribe Long-Range Transportation Plan Page | 6
This transportation plan is intended to be fiscally and developmentally sound and is
intended to address the funding issues and eligibility restrictions associated with
Highway Trust Fund (HTF) monies. Each Tribe is politically and geographically diverse,
and each has its own goals and objectives for a transportation system. However,
because the system is composed of public roads, many of which fall under BIA, State
County, and City responsibility, several transportation issues common to all Tribes can
be identified. These are:

e To provide safe and convenient public access within their boundaries.

e To provide access to new and old development.

e Tocomplement surrounding public transportation facilities as part of the areawide public transportation system.

e Toassist in the economic development of the Tribe.

e To produce a plan for providing transportation facilities.

1.3 Description of the Study Period & Methodology

The Long-Range Transportation Plan and Road Inventory Update processes were
conducted over an eight-month period with regular coordination meetings, public
outreach meetings, and formal reviews. The methodology of this study consists of three
phases.

Phase 1 — Data Collection

The first phase began by making initial contacts with the Tribe, BIA Western Region
Department of Transportation, and BIA Western Nevada Agency to establish
relationships and gather pertinent government furnished materials. Next, outreach was
made to the County of Fernley, Town of Wadsworth, Nixon & Washoe, Lyon and Storey
Counties as well as the Nevada Department of Transportation to notify these road
owners of the Tribe’s planning efforts and to collect the necessary road data and
existing planning documents available.

As a part of Phase 1, the existing transportation system was inventoried. Authorization
to access data from the Road Inventory Field Data System (RIFDS) for the Pyramid
Lake Indian Reservation was obtained from the BIA Department of Transportation
(BIADOT). Physical characteristics and conditions of approximately 16.4 miles of
roadway were gathered by Arrow Pro Land Surveys through field reconnaissance. The
data was recorded on standardized RIFDS Inspection Sheets for Tribal roads selected
by the Tribe to be added to the NTTFI System. A digital photograph was taken of each
road section, and Strip Maps were created for each route showing all road sections.

Published traffic counts were used for current Average Daily Traffic (ADT) numbers for
this planning document. The traffic data is input into RIFDS to support higher traffic
volumes where possible. ADT was carried over from previous years road inventory and
the default ADT was allocated to all sections with no data.

For all non-BIA routes inventoried, coordination with the road owner is required to gain

Pyramid Lake Paiute Tribe Long-Range Transportation Plan Page | 7
approval to include these routes in the Tribe’s system. Within the Pyramid Lake Indian
Reservation, State routes are a part of the Tribe’s roadway network. Therefore, review
and approval from the State of Nevada Department of Transportation was performed.
This process resulted in a Certification of Road Maintenance letter from the State.

To complete the Phase 1 Data Collection, the Road Inventory Updates were submitted to
the Tribe and the BIA Western Region Planning Office for review. Then the data was
input into RIFDS and submitted for final approval by BIADOT. All Inspection Data
Sheets, Strip Maps, Photographs, Traffic Counts, and Certification of Road Maintenance
letters were uploaded into the system to support the request to include each route.

Phase 2 — Selective Study and Analysis of Transportation Needs

The second phase involved community outreach and the development of system
alternatives. A community survey and call for comments was published on the Tribe’s
Facebook page and flyers were posted in each of the communities. The draft report
was available to the public for comments. The survey seeks to capture the community
attitudes regarding transportation needs and to solicit input on short term and long term
transportation needs. A public meeting was conducted on April 16, 2021 during a
Special Council Meeting to explain the study and hear any input or comments. See
Appendix F for public involvement details. This phase also performed the major
analytical work tasks of the study, including an evaluation of roads maintenance needs.

Phase 3 — Finalization of Study

The third phase of work included the preparation of the final transportation plan based
on the review of the alternatives by Tribal Leaders and BIA Officials. This final phase
also evaluates the social and economic factors associated with the priority list of road
construction projects. Project descriptions and cost estimates were developed for each
proposed road improvement in the 5-year plan. Projects were prioritized based on an
objective ranking system which considers the Tribe’s annual share of TTP construction
funds, public safety, pavement management strategies, and Tribal Council input.

This phase of the study developed a 5-Year Tribal Transportation Improvement
Program (TTIP). The TTIP identifies the costs of pre-construction engineering,
construction, construction monitoring, and tribal administration for the short-term
projects the Tribe will pursue under the Tribal Transportation Program. The TTIP also
identifies the funding sources for improvements and must be financially constrained
based upon the estimated annual tribal share of TTP funding or other known funding
sources (grants, partnerships, etc.)

1.4 Organization of Study

The Long-Range Transportation Plan is organized into three parts as follows:

Part 1 - Introduction
The first part provides an introduction of the TTP and of this study. Topics familiarize the
reader with terminology and provide context to the program and regional transportation.

Pyramid Lake Paiute Tribe Long-Range Transportation Plan Page | 8
Part 2 — Existing Conditions

The second part of the study describes the background data, existing transportation
system, and the existing traffic volumes. This section of the report details the existing
land use, socio-economic data, demographics, and physical characteristics of the study
area. The existing roadway system is analyzed to understand the functional
classifications, rights-of-ways, traffic control, drainage, bridges and street lighting
conditions. The existing road system is summarized, and a table of road mileage by
surface type is given. Maps are provided to graphically show the transportation network
and depict the land ownership and uses.

Part 3 — The Transportation Plan

The third part of the study details the Tribe’s goals and objectives for short-term
development plans with long-term plans in mind. Based upon the future developments a
recommended transportation plan is outlined. The road inventory data is summarized,
and a comparison listing provides proposed update information. Each proposed
improvement has a description and cost estimate. From the Tribe’s prioritization of
projects, a 5-Year TTIP is generated for programming purposes. This part of the plan
describes a process for implementation and updating the LRTP, as well as procedures
for developing roadways.

1.5 Regional Context

Tribal lands are located in northwestern Nevada primarily within southeastern Washoe
County. The 475,000 acre reservation includes Pyramid Lake, which is entirely
enclosed by the surrounding 112,000 acres just 35 miles northeast of Reno, NV. The
Pyramid Lake Paiute Tribe has the largest reservation acreage in Nevada and is
adjacent to Lyon, Storey and Pershing Counties. Tribal lands surrounding the lake are
at approximately 3,800 feet and rise toward the mountains in the east, west and
southwest.

The Pyramid Lake Paiute Reservation can be accessed by a well improved road.
Interstate 80 (I-80) (Dwight D. Eisenhower Hwy) runs east-west through the State of
Nevada and passes through the reservation on the southern tip by the towns of
Wadsworth and Fernley, NV. This highway leads to major cities in Nevada such as
Reno which is 35 miles southwest of Wadsworth. Las Vegas is 418 miles to the
southeast via US 50 & 95. See Figure 1 — Vicinity Map for locations.

This space intentionally left blank.

Pyramid Lake Paiute Tribe Long-Range Transportation Plan Page | 9
Location

yc
ne)
=
©
ic
0)
7)
®
yO

Carson City
ae ‘e wa...

i [Yerinton]

Pyramid Lake Paiute Indian Reservation
Washoe County, Nevada
Western Region — Western Nevada Agency
Map Legend
INTERSTATE ++H++++H+ RAILROAD TRACKS mes §=STATE BOUNDARY

HIGHWAY 02 CONGRESSIONAL DISTRICT COUNTY BOUNDARIES 450,000 300,000

JL. RIVERS ] INDIAN RESERVATION LANDS
ROADS

1.6 Transportation Plan Summary

The transportation plan presented herein should be considered a flexible plan adaptable
to the changing needs and conditions within the community. The Tribe should use the
plan as the basis for programming and budgeting future roadway improvement funds
while recognizing that such priorities and improvement needs will change over time. Thus,
the priority list must be reviewed and modified as needed on an annual basis. The overall
plan must also be updated every five to seven years, or when major changes in land use
has developed.

The 2041 Transportation Plan recognizes the realistic need to provide better mobility in
areas, as well as promoting increased opportunities for alternative modes of
transportation. In order to develop the Transportation Plan by 2041, there are crucial
improvement projects that need to be implemented over the next 20 years. Based on
forecasts, improvement projects were grouped into three time periods: short-range (0 to
5 years), mid-range (6 to 10 years), and long-range (11 to 20 years) based on relative
urgency for completion. Road priority projects are discussed in Section 3.1.2.

Current BIA road system mileage for the Pyramid Lake Indian Reservation approved by
the Regional Director as of March 2021 consists of 286.5 miles. The mileage consists of
149.1 miles of BIA Roads, 64.8 miles of Tribal Roads, 72.6 miles of State Roads, and 0.0
miles of County Roads.

As a part of this Long-Range Transportation Plan project, the Road Inventory was
updated to add sections, to correct prior inventory data that was missing or returned,
and to obtain Certifications of Maintenance from road owners. The recommended road
system revisions consist of adding 11.2 miles to the TTP system. The mileage consists
of 3.1 miles of BIA Roads, 0.1 miles of Tribal Roads, 4.5 miles of State Roads, and 3.5
miles of County Roads. The 2021 Road Inventory Update will both add and delete
mileage in the TTP system. Specific information on recommended road system
revisions is contained in Section 3.4.4.

1.7 Eunding Allocations

On December 4, 2015, the President signed into law the Fixing America’s Surface
Transportation Act (FAST Act). The Act is a Five-Year authorization through fiscal year
2020. On September 30, 2020, the President signed into law H.R. 8337, Continuing
Appropriations Act 2021 and Other Extensions Act of 2021 providing a one-year
extension for surface transportation programs at fiscal year 2020 levels. The surface
transportation programs were funded at over $2.425 billion for fiscal years 2016 through
2021. The two landmark bills that brought surface transportation into the 21S' century—
the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) and the
Transportation Equity Act for the 21st Century (TEA-21) shaped the highway program to
meet the Nation's changing transportation needs. The previous highway bill, Moving
Ahead for Progress in the 21% Century (MAP-21) built on and refined many of the

Pyramid Lake Paiute Tribe Long-Range Transportation Plan Page | 11
policies established in 1991 by creating a streamlined, performance-based, and
multimodal program to address the many challenges facing the U.S. transportation
system. These challenges include improving safety, maintaining infrastructure condition,
reducing traffic congestion, improving efficiency of the system and freight movement,
protecting the environment, and reducing delays in project delivery.

MAP-21 created a unified program for Federal lands transportation facilities, Federal
lands access transportation facilities, and tribal transportation facilities. The Indian
Reservation Roads (IRR) program was changed to the Tribal Transportation
Program (TTP) who’s purpose is to improve access to and within Tribal lands. TTP
funds can be used for transportation planning, research, engineering, and construction
of highways, roads, parkways and transit facilities within Indian Reservations. This
program generally continues the existing Indian Reservation Roads program, while
adding new set asides for tribal bridge projects and tribal safety projects. It continues to
provide set asides for program management and oversight and tribal transportation
planning. A new statutory formula for distributing funds among tribes, based on tribal
population, road mileage, and average funding under SAFETEA-LU, plus an equity
provision, is to be phased in over a 4-year period.

The FAST Act continues improved delivery methods established under MAP-21 for the
transportation program. TTP funding may be provided via a direct funding agreement
with the Federal Highway Administration (FHWA) or the Bureau of Indian Affairs (BIA)
(Government to Government Agreement). Tribes also have the option to receive funding
in accordance with the Indian Self-Determination and Education Assistance Act (Public
Law 93-638). The Pyramid Lake Paiute Tribe currently administers their program under
a Government to Government Agreement with the BIA. Program Agreements and Self-
Determination Contracts are available to Tribal governments that have satisfactorily
demonstrated financial stability and financial management to the Secretary of Interior.

Funds are allocated among Tribes using a new statutory formula based on tribal
population, road mileage, and average tribal shares of the former Tribal Transportation
Allocation Methodology (TTAM) formula. TTP funds shall only be expended on projects
identified in a Transportation Improvement Program approved by the Secretary of
Interior. The greater amount of 25% of a Tribe's program funds or $500,000 may now
be used for the purpose of TTP system maintenance as defined in 25 CFR Part 170.
Although the Bureau of Indian Affairs (BIA) will retain primary responsibility for TTP
maintenance programs through the Department of Interior (DOI) appropriations. A total
of $15 million (3%) is set aside for projects replacing structurally deficient or functionally
obsolete TTP bridges. The FAST Act requires the inspection of all public bridges,
including tribal bridges, and the reporting of data into FHWA’s National Bridge
Inspection System. There is also $10 million (2%) set aside for a Tribal Safety Program.

Federal Lands Access - The FAST Act authorized $270 million in fiscal year 2021 for
projects that improve access to the Federal estate on infrastructure owned by States
and local governments, including Tribal governments. Replacing and expanding the
Forest Highways program, projects providing access to any Federal lands are eligible

Pyramid Lake Paiute Tribe Long-Range Transportation Plan Page | 12
for this new comprehensive program. Funds are distributed by formula based on
recreational visitation, Federal land area, Federal public road mileage, and the number
of Federal public bridges. Eighty percent of funds go to States with large areas of public
land. States are required to provide a non-Federal match for program funds (which has
not been the case historically for Federal lands highway funding). Programming
decisions will be made locally using a tri-party model in each State comprised of
representatives from FHWA, State DOT, and local government in consultation with
applicable Federal land management agencies. Tribes may apply for Federal Lands
Access Program funding if the road or facility being proposed for funding is owned or
operated by the Tribe and provides access to a Federally owned land (not a Tribal
land). For example, a Tribally owned road (as opposed to a BIA-owned road) that
provides access to a national park or national forest is eligible for the Federal Lands
Access Program.

Tribal Transportation Provisions - Transfer of Highway and Transit Funds - Allows
a State to transfer apportioned Highway Trust Funds to another Federal agency. The
project can be administered by the Federal agency under its procedures. This makes it
possible for States to transfer funds to the Bureau of Indian Affairs (BIA). The BIA could
then administer projects under their procedures including contracting with an Indian
Tribe under the Indian Self-Determination and Education Assistance Act (ISDEAA).

The Department of Interior, Bureau of Indian Affairs completed consultations and a final
rule was published to update the Tribal Transportation Program regulations to comply
with the current surface transportation authorization.’ The Final Rule establishes
policies and procedures governing the Tribal Transportation Program (TTP). The
program is jointly administered by the Bureau of Indian Affairs (BIA) and the Federal
Highway Administration’s (FHWA) Federal Lands Highway (FLH) Office.

1.8 Funding Distribution Formula

The BIA Final Rule 25 CFR Part 170 published November 7, 2016 in the Federal
Register Vol. 81, No. 215 establishes a funding distribution methodology by a statutory
formula. 23 U.S.C. 202(b)(3)(A) provides the basis for the funding formula and its
transition into use. The annual TTP funding amount available for distribution is
determined as follows:

(a) The following set-asides are applied to the Tribal Transportation Program before the
determination of final tribal shares:
(1) 2% to Tribal transportation planning (23 U.S.C. 202(c));
(2) 3% to Tribal transportation facility bridges (23 U.S.C. 202(d));
(3) 2% to Tribal safety (23 U.S.C 202(e));
(4) Administrative expenses (23 U.S.C 202(a)(6)) determined annually; and
(5) Tribal supplemental program (23 U.S.C. 202(b)(3)(C)).

1 Federal Register/Vol. 81 No. 215/ Monday, November 7, 2016/Tribal Transportation Program; Final Rule: Codified
at 25 Code of Federal Regulations (“CFR”) Part 170

Pyramid Lake Paiute Tribe Long-Range Transportation Plan Page | 13
(b) After deducting the set asides identified in paragraph (a) of this section, on October
1 of each fiscal year, the Secretaries will distribute the remainder authorized to be
appropriated for the TTP among Indian Tribes as follows:

(1) For each Indian Tribe, 20% of the total relative need distribution factor and
population adjustment factor as determined by the Tribal Transportation
Allocation Methodology (see 25 CFR 170 dated July 19, 2004)) for the fiscal
year 2011 funding amount made available to that Indian Tribe; and

(2) The remainder using Tribal shares as described in § 170.201 and Tribal
supplemental funding as described in § 170.202.

(c) Tribal shares are determined by using the NTTFI as calculated for fiscal year 2012,

and the most recent data on American Indian and Alaska Native population within each

Indian Tribe’s American Indian/Alaska Native Reservation or Statistical Area, as

computed under the Native American Housing Assistance and Self-Determination Act of

1996 (25 U.S.C. 4101 et seq.), in the following manner:

(1) 27% in the ratio that the total eligible road mileage in each Tribe bears to the
total eligible road mileage of all American Indians and Alaskan Natives. For
the purposes of this calculation, eligible road mileage will be computed using
only facilities included in the inventory described below:

(i) Were included in the BIA System Inventory prior to October 1, 2004;
(ii) Are owned by an Indian Tribal government;
(iii) Are owned by the Bureau of Indian Affairs.

(2) 39% in the ratio that the total population in each Tribe bears to the total
population of all American Indians and Alaskan Natives; and

(3) 34% will be initially divided equally among each BIA Region.

(d) The share of funds will be distributed to each Indian Tribe within the BIA Region in

the ratio that the average total relative need distribution factors and population

adjustment factors from fiscal years 2005 through 2011 for a Tribe bears to the average
total of relative need distribution factors and population adjustment factors for fiscal
years 2005 through 2011 in that region.”

Intentionally left blank

2 2016-26141.pdf (govinfo.gov)

Pyramid Lake Paiute Tribe Long-Range Transportation Plan Page | 14
PART TWO
2.0 Existing Conditions

This chapter provides information on demographics & socioeconomic data, physical
characteristics, land use, and the transportation system features of the Pyramid Lake
Indian Reservation.

2.1 Background Data

Pyramid Lake Paiute Tribe is a federally recognized Tribe consisting of Paiute Indians
that operate under a Constitution adopted and approved by the Department of Interior
on January 26, 1936. The Constitution establishes a Tribal Council of ten-members, a
Chairman, Vice-Chairman, and eight council members elected bi-annually in December
for a staggered two year term limit.

The Pyramid Lake Reservation is located adjacent to Washoe, Lyon, Storey and
Pershing Counties in northwestern Nevada approximately 35 miles northeast of Reno,
NV. The 475,000 acre reservation lies within the Basin and Range province; an area
characterized by alternating north-south trending mountain ranges and flat valley floors.
The reservation covers one of these valley floors including the 117,400 acre Pyramid
Lake and portions of adjacent mountain ranges and valleys. The Pyramid Lake Paiute
Tribe are Northern Paiute people. The bands of Paiute people who lived in the vicinity of
territory incorporated about 2,000 square miles, including both Pyramid and Washoe
Lakes.

The Town of Nixon is located at 39°49'53.0" North, 119°21'24.6" West (39.831396, -
119.356840) which is southeast of Pyramid Lake. Important structures in this town are
the U.S. Post Office, Pyramid Lake Jr/Sr High School, Pyramid Lake Paiute Tribal
Offices, Tribal Museum, Tribal Nixon Store (gas station/fishing), Tribal Police
Department and the Solar Power farms.

The Truckee River flows south to north through the southern part of the reservation and
into the southern tip of Pyramid Lake. Nixon is characterized by this river which winds
through the town. Agricultural fields run along the river where prime farmland is
available. Residential homes are built outside of farmland areas close to the river.
Nevada State Route’s (SR) 446 and 447 make a T-intersection at the Nixon Store
southeast of Pyramid Lake High School. These roads provide main access to the
reservation and Pyramid Lake recreational areas.

The town of Wadsworth is on the southern tip of the reservation and is 14 miles south of
Nixon. It is a census designated place where the Tribe has revenue generating
enterprises including Cemex sand & gravel, |-80 Smoke Shop, Big Bend RV Park and
the I-80 RV and Campground. The Town of Fernley is the closest urban center where
essential services and shopping centers are available. In downtown Fernley there are

Pyramid Lake Paiute Tribe Long-Range Transportation Plan Page | 15
grocery stores, pharmacies, a hospital, the public library, all types of places to eat and
much more.

Much of the economy on the Pyramid Lake Reservation is centered around Lahontan
Cutthroat Trout (LCT) fishing and recreational activities at Pyramid Lake. In addition to
permit fees for fishing, day use and overnight camping, the Tribe also receives lease
and tax revenue. Several Tribal members belong to the Pyramid Lake Cattleman's
Cooperative Association and the Association utilizes the reservation desert open range
to operate and manage the individual cattle herds.*

Today, the Pyramid Lake Paiute Tribe has an enrolled membership of 2,288 people and

a population of 1,525. The reservation is made up of one single land area. See Figure 2
— Study Area Map for locations.

Intentionally left blank

3 Pyramid Lake Paiute Tribe (PLPTt.nsn.us)

Pyramid Lake Paiute Tribe Long-Range Transportation Plan Page | 16
: oe =
fe | Smoke Creek iit hi —\ jae
F Desert boty LF VaR |
+ B , 2 SS [Humboldt
~ gh a 2 ae ; “ae Biss fat
? : | Pershing

Reservation
Location

7
i ix
ay

Pyramid Lake
i] Paiute Reservation |

Virginia rs :
Peak ee

e«

Wadsworth gs

iat Bt 2) sq Yad

Location: ; Pyramid Lake Paiute Indian Reservation
Congressional Dist. 02

Nixon, NV Washoe County, Nevada

T20-23N, R24E ion —
Tai ZEN ROSE Western Region Western Nevada Agency

T22—29, R22E Map Legend

T23—29, R21E INTERSTATE
724-29, R20E A RIVERS

728,29, RI9E ROADS H+HH+ RAILROAD TRACKS
INTERSTATE COUNTY BOUNDARIES 02 CONGRESSIONAL DISTRICT

HIGHWAY INDIAN RESERVATION LANDS

2.1.1. Demographics and Socioeconomic Data

2.1.1.1. Population and Growth

The U.S. Census Bureau 5-Year Estimates
report the population for the tribe is 1,525
people*. Reno is the third largest County in
Nevada and the population estimated for 2019
was 255,601 people with a growth rate of
13.4% from '10-'19°. Washoe County had
471,519 residents and a growth rate of 11.9%
over the same time period®. The State of
Nevada estimated population for 2019 was
3,080,156 people and grew approximately
14.1% from 2010 to 20197.

The 2020 Census has come to a close, and
the Bureau is working hard to compile data
from the new census®.

Native American Housing Assistance and Self-
Determination Act (NAHASDA) 2018 data lists
the Native American population for the PLPTT
Reservation as 5,494 and Tribal enrollment as
2,747 members. Tribal population as
documented by the Tribal government is 1,300
and enrolled members is 2,288. The majority
of enrolled Tribal members reside on the
reservation, with approximately 12% of this

Table 2.1- Population Age Distribution

2015-2019 Estimated

Pyramid Lake Paiute Tribe, NV

Sex and Age Number
Total population 1,525
Male 743
Female 182
Under 5 years 104
5 to 9 years 63
10 to 14 years 85
15 to 19 years 47
20 to 24 years 85
25 to 34 years 289
35 to 44 years 145
45 to 54 years 180
55 to 59 years 163
60 to 64 years 112
65 to 74 years 133
75 to 84 years 96
85 years and over 23
Median age (years) 41.5
18 years and over 1,246
65 years and over 252

Source: US Census Bureau- 2015-2019
American Community Survey 5-Year Estimates?

membership residing in other areas. It is very important to update the Tribe’s population
data accurately with the NAHASDA office. These population numbers are what
calculate in the tribal shares funding distribution formula for the Tribal Transportation

Program.

Table 2.2- Profile of General Demographic Characteristics

Area 2010 2019 Population % Change

Nevada 2,700,551 3,080,156 14.1%
Washoe County 421,407 471,519 11.9%
County of Reno 225,221 255,601 13.4%
PLPT Reservation 1,360 1,525 12.1%
Source: US Census Bureau Data

4 https:/Avww.census.gov/tribal/?aianihh=3010

5 U.S. Census Bureau QuickFacts: Reno city, Nevada

6 U.S. Census Bureau QuickFacts: Washoe County, Nevada

7 https://www.census.gov/quickfacts/fact/table/renocitynevada,NV,washoecountynevada/PST045219?

8 https://www.census.gov/newsroom/press-releases/2020/update-2020-data-processing.html

Pyramid Lake Paiute Tribe Long-Range Transportation Plan Page | 18

2.1.1.2 Employment

Tribally owned enterprises contribute to the Tribal economy, as do federal grants.
Economic opportunities developed by the Tribe provide new jobs in the area, contribute
to the betterment of the local community, the Tribe and its members. The Tribe owns
and operates the Nixon Store, I-80 Smoke Shop, Big Bend RV Park, I-80 RV &
Campground, and lake camping and fishing opportunities to the public as Tribal
enterprises within the reservation area.

Table 2.4 - Employed Civilian Population
16 Years and Over 2019

Table 2.3 - Profile of Selected

Economic Characteristics 2019

Pyramid Lake Paiute Tribe, NV Pyramid Lake Paiute Tribe, NV
Employment Status Estimate Occupation Estimate
Population 16 years and over 1,270 Civilian employed population 16 years 678
In labor force 798 and over
Civilian labor force 798 Management, business, science, 114
Employed 678 and arts occupations
Unemployed 120 Service occupations 156
Armed Forces 0 Sales and office occupations 115
Not in labor force 472 Natural resources, construction, 123
TTErRIGaPETE REIS oe and maintenance occupations

. 0 . .
Source: US Census Bureau- 2015-2019 American Production, transportation, and 170
Community Survey 5-Year Estimates? material moving occupations

Source: US Census Bureau- 2015-2019 American
Community Survey 5-Year Estimates?

2.1.1.3 Title VI and Environmental Justice

Title VI of the Civil Rights Act of 1964 and related statutes ensure that individuals are
not subjected to discrimination on the basis of race, color, national origin, age, sex, or
disability. In February 1994, President Clinton signed Executive Order 12898, “Federal
Actions to Address Environmental Justice in Minority Populations and Low-Income
Populations.” The purpose of the order was to focus attention on the “environmental and
human health conditions in minority communities and low-income communities with the
goal of achieving environmental justice.” The Order does not supersede existing laws or
regulations; rather, it requires consideration and inclusion of these targeted populations
as mandated in previous legislation including:

e Title VI of the Civil Rights Act of 1964;
e National Environmental Policy Act of 1969 (NEPA);
e Section 309 of the Clean Air Act; and

e Freedom of Information Act.
The U.S. Department of Transportation issued its final order to implement the provisions

Pyramid Lake Paiute Tribe Long-Range Transportation Plan Page | 19
of Executive Order 12898 on April 15, 1997. This final order requires that information be
obtained concerning the race, color, or national origin, and income level of populations
served or affected by proposed programs, policies, and activities. It further requires that
steps be taken to avoid disproportionately high and adverse impacts on these
populations. One of the first steps in ensuring environmental justice is the identification
of those populations specifically targeted by the Order—minority and low-income
populations. According to the U.S. Census Bureau 2019 estimates, the racial
composition on the Pyramid Lake Paiute Tribe Reservation is predominantly American

Indian and Alaska Native (61%), White (31%) and Hispanic or Latino (%).

Table 2.5 - Racial Demographic Percentages in 2019

PLPT Reservation Washoe County, NV
Race Category Number Percent Number Percent

Total Population 1,525 100% 471,519 100.0%
White 472 31% 400,791 85.0%
Minority Populations

Black or African American 14 1% 14,146 3%

American Indian / Alaska Native 928 61% 9,430 2%

Asian 12 1% 28,291 6% |.

Native Hawaiian / Pacific Islander 37 2% - <0%

Some Other Race 15 1% - -%

Two or More Races 47 3% 18,389 4%

Hispanic (only) - -% - -%
Source: US Census Bureau- 2015-2019 American Community Survey 5-Year Estimates?
Source: US Census Bureau Demographic Profile Data 20194
Table 2.6 - Disadvantaged Populations in 2019

Total Minorit Total Female
Area Poe Population. Age GSrand:Older Housing Population
, Number | Percent | Number | Percent Units Number | Percent

a eccwvation 1,525 | 1139 | 69% | 252 | 165% | 668 782 | 51%
Coan 471,519 | 70,256 | 15% | 79,215 | 16.8% | 205,417 | 233,402 | 49.5%

Source: US Census Bureau- 2015-2019 American Community Survey 5-Year Estimates?
Source: US Census Bureau Demographic Profile Data 20194

The planned improvement projects are expected to improve the overall transportation

system of the study area and benefit the regional network. More detailed analysis will be
needed for individual design projects that are federally funded to ensure that there are not
disproportionately high and adverse impacts to disadvantaged or vulnerable populations.

yi

This section provides a brief overview of environmental conditions in the Study Area.
Environmental conditions should be considered in the development of
transportation alternatives.

Physical Characteristics

Pyramid Lake Paiute Tribe Long-Range Transportation Plan Page | 20
2.1.2.1. Topography and Soils

Elevations range from 3,820 feet at lake level to 8,182 feet at Tohakum Peak east of
Pyramid Lake. Washoe Lake (since diversion of the Truckee River a dry playa
moistened only by seasonal precipitation) is located on the eastern boundary of the
reservation and the Smoke Creek Desert lies to the northwest. Pyramid Lake still
receives water from the Truckee River, but its level has dropped nearly eighty feet since
the Derby Dam diversion was installed in 1905.

The Pyramid Lake Reservation has a semi-arid climate, with an annual precipitation
range of less than seven inches in the basins and up to eighteen inches in the
mountains. Most precipitation falls as snow in the mountains, providing stream runoff
with peak flow in early spring. Summers are dry, with very little rainfall in July and
August.

Soils in the study area are dynamic. Along the Truckee River prime farmland soil is
sandy loam which turns to sand further away from the river. Soils around Pyramid Lake
are typically fine sand which quickly gives way to very stony sandy loam in higher
elevations towards the mountains in the east, west and southwest.

Much of the rangeland on the reservation contains native plant communities consisting
of sagebrush, salt shrub and associated species depending on elevation and exposure.
The condition of the rangeland has been affected by periodic droughts and overgrazing,
in some places, by cattle and feral horses. Wildfires have also burned areas of the
reservation. The resulting vegetation is thus a mixture of the native perennial
herbaceous vegetation, and invasive species resulting from drought, wildfire, and
grazing.

Pyramid Lake is noted for its interesting tufa formations, which are formed when calcium
rich spring water comes into contact with the carbonates in the water of the lake. This
process formed the Pyramid attraction protruding out of the lake, which gives the lake
its name, is one of these geologic features. The reservation also contains several areas
of geothermal activity.

2.1.2.2 Visual Resources

The Pyramid Lake Indian Reservation is in a visually aesthetic area that attracts tourists
and should be maintained, protected, or enhanced. Many recreational visitors and
tourists value the nearby outdoor attractions. These activities range from fishing,
camping, hunting, kayaking, hiking and fun! Much of the economy on the Reservation is
centered around fishing and recreational activities at Pyramid Lake. The lake’s natural
beauty draws outdoor goers from the region, but the trophy Lahontan Cutthroat Trout
brings in many visitors from out of state. Travelers also take advantage of stunning
views by driving around Pyramid Lake, spending some time in a traditional tent style
Tribal campsite or camping in the Tribe’s RV Park.

Pyramid Lake Paiute Tribe Long-Range Transportation Plan Page | 21
Mountains run along the reservation boundary encompassing Pyramid Lake as seen
below in the panorama view. Interstate 80 (I-80) runs east and west across Nevada and
crosses over the southern tip of the reservation south of Wadsworth. I-80 provides
access for travelers from California, Oregon, Idaho, Utah and beyond to reach this
aesthetic destination.

Panorama looking east to Pyramid Lake

2.1.2.3 Air Quality

The Clean Air Act, which was last amended in 1990, requires the Environmental
Protection Agency (EPA) to set National Ambient Air Quality Standards (40 CFR part
50) for pollutants considered harmful to public health and the environment. The Clean
Air Act identifies two types of national ambient air quality standards. Primary
standards provide public health protection, including protecting the health of "sensitive"
populations such as asthmatics, children, and the elderly. Secondary

standards provide public welfare protection, including protection against decreased
visibility and damage to animals, crops, vegetation, and buildings.

The EPA has set National Ambient Air Quality Standards for six principal pollutants,
which are called “criteria” air pollutants. Periodically, the standards are reviewed and
may be revised. The current standards are listed below. Units of measure for the
standards are parts per million (ppm) by volume, parts per billion (ppb) by volume, and
micrograms per cubic meter of air (g/m’).9

The Pyramid Lake Paiute Reservation, County of Reno and Washoe County, NV are
NOT designated as a non-attainment area.

Table 2.7 - National Ambient Air Quality Standards Table

Pollutant Primary/ Averaging Level Form

7 Secondary Time — oe a

Gaon primary 8hours = QY9ppm __ Notto be exceeded

‘Monakide (CO) 1 hour 35 ppm more than once per
— #8... _ : i year

9 https://www.epa.gov/criteria-air-pollutants/naaqs-table

Pyramid Lake Paiute Tribe Long-Range Transportation Plan Page | 22
primary — Rolling 3 0.15 ug/m? ) Not to be exceeded

Lead (Pb) and month
ere secondary average ~ Se ee :
primary 1 hour 100 ppb 98th percentile of 1-

hour daily maximum
concentrations,

Nitrogen Dioxide averaged over 3 years

{NO2) primary 1 year 53 ppb () Annual Mean
and
: _ secondary
primary 8 hours 0.070 ppm °) Annual fourth-highest
and daily maximum 8-hour
ozone) secondary concentration,
as. Sent averaged over 3 years
PM2s5 primary 1 year 12.0 ug/ms annual mean,
averaged over 3 years
secondary 1 year 15.0 g/m? annual mean,
averaged over 3 years
Particle primary 24 hours 35 ug/m? 98th percentile,
Pollution and averaged over 3 years
(PM) __ secondary _ a
PM1o primary 24 hours 150 g/m? Not to be exceeded
and more than once per
secondary year on average over
3 years
primary 1 hour 75 ppb 4) 99th percentile of 1-

hour daily maximum
concentrations,
at - ei jis) es a ed Netaged Ovele years
secondary 3 hours 0.5 ppm Not to be exceeded
more than once per
eee (<1: aan

Sulfur Dioxide

(SO2)

(1) In areas designated nonattainment for the Pb standards prior to the promulgation of the current (2008)
standards, and for which implementation plans to attain or maintain the current (2008) standards have not
been submitted and approved, the previous standards (1.5 pg/m3 as a calendar quarter average) also
remain in effect.

(2) The level of the annual NO2 standard is 0.053 ppm. It is shown here in terms of ppb for the purposes
of clearer comparison to the 1-hour standard level.

(3) Final rule signed October 1, 2015, and effective December 28, 2015. The previous (2008) O3
standards additionally remain in effect in some areas. Revocation of the previous (2008) O3 standards
and transitioning to the current (2015) standards will be addressed in the implementation rule for the
current standards.

(4) The previous SO2 standards (0.14 ppm 24-hour and 0.03 ppm annual) will additionally remain in

effect in certain areas: (1) any area for which it is not yet 1 year since the effective date of designation
under the current (2010) standards, and (2)any area for which an implementation plan providing for

Pyramid Lake Paiute Tribe Long-Range Transportation Plan Page | 23
attainment of the current (2010) standard has not been submitted and approved and which is designated
nonattainment under the previous SO2 standards or is not meeting the requirements of a SIP call under
the previous SO2 standards (40 CFR 50.4(3)). A SIP call is an EPA action requiring a state to resubmit all
or part of its State Implementation Plan to demonstrate attainment of the required NAAQS.

2.1.2.4 Noise Impacts

For federally funded projects, a qualitative or quantitative noise analysis would need to
be conducted for the proposed transportation improvements to determine the nature
and extent of noise impacts.

2.1.2.5 Water Quality

At the most basic level, the health of our rivers depends on the health of upstream
waters. If a waterway is polluted, filled in, or otherwise compromised the stream network
will be adversely affected. That is why the Clean Water Rule protects our rivers as well
as their tributaries and wetlands.'°

An evaluation for the presence of potential jurisdictional waters of the U.S. was
conducted in the study area through a review of the EPA’s Clean Water Act approved
jurisdictional determinations mapping tool.'’ There are no jurisdictional determinations
as waters of the U.S. within Reservation Lands, but there are a few sites northwest of
Wadsworth which are described as wetland, spring, stream, river, pond or lake that only
exists for a short period.

Analysis of floodplains on or near the reservation were done by using the Federal
Emergency Management Agency (FEMA)- FEMA Flood Map tool.'? Searches revealed
Tribal lands are primarily outside the 0.2% annual (500-year) floodplain boundary.
Detailed information can be found on Flood Insurance Rate Map (FIRM) Number
32031C2950G. Regulatory floodways exist in and near Storey County within the
southern tip of the PLPT Reservation along the Truckee River near Interstate 80 and
detailed information can be found on FIRM Number 32029C0110D.

2.1.2.6 Biological Resources

The dominating plant community consists of sagebrush and salt shrub which are
sparsely scattered across the rangeland. Over the years the reservation has been
impacted by drought, over grazing (natural & domesticated) and wildfires resulting in a
mixture of new plant growth from native perennial herbaceous vegetation to invasive
species. A few of the larger animals you might see in this area are antelope, deer, elk,
wild horses, domestic cattle and sheep. Domesticated animal forage is sparse, so
ranchers grow alfalfa along the Truckee River where possible as a resource.

10 https:/Awww.americanrivers.org/2015/08/jurisdictional-waters-under-the-clean-water-act/
11 https://watersqeo.epa.gov/cwa/CWA-JDs/?searchText=nevada&pageNum=1#ijd/5080738
12 https://msc.fema.gov/portal/search#searchresultsanchor

Pyramid Lake Paiute Tribe Long-Range Transportation Plan Page | 24
Investigation into the PLPT’s biological resources was done through the U.S. Fish &
Wildlife Service (FWS) and the Nevada Fish and Wildlife Office online resources. The
FWS-IPaC (Information for Planning and Consultation) project planning tool revealed
there is one endangered species expected to occur on the Pyramid Lake Paiute
Reservation, but its habitat and wellbeing are closely monitored’’. There are no critical
habitats within the Study Area. The following table lists protected species in the Study
Area:

Table 2.8 — Threatened and Endangered Species within the LRTP Study Area

Group | Name Scientific Name Status

Birds Yellow-billed Cuckoo (Coccyzus americanus) Threatened
Fishes — | Cui-ui (Chasmistes cujus) Endangered
Fishes | Lahontan Cutthroat Trout | (Oncorhynchus clarkii henshawi) | Threatened

Source: FWS IPaC website"

Certain birds are protected under the Migratory Bird Treaty Act and the Bald and
Golden Eagle Protection Act. The Tribe should conduct specific environmental studies
during a transportation improvement project to follow appropriate regulations regarding
migratory birds.

Anaho Island

The prized National Wildlife Refuge called Anaho Island is located inside of Pyramid
Lake on the southeast side. The island is home to one of the largest nesting colonies of
American White Pelicans, over 10,000 birds, in the lower U.S.! The U.S. Fish and
Wildlife Service manages Anaho Island NWR under a Memorandum of Understanding
with the Pyramid Lake Paiute Tribe. Anaho Island has no mammalian predators and is
closed to the public, so it provides undisturbed breeding habitat for colonial nesting
birds such as American White Pelicans (Pelecanus erythrorhyncos), Double-crested
Cormorants (Phalacrocorax auritus), California Gulls (Larus californicus) and Great Blue
Herons (Ardea herodias)."4

Pyramid Lake is known as being North America’s most beautiful desert lake and home
to many year round recreational activities. Pyramid Lake was designated as the first
National Scenic Byway entirely on an Indian Reservation and has been recently named
Nevada's first Preserve America Tribal Community. The lake has no outlet and is a
residual body remaining from the prehistoric Great Lake Lahontan water body that
covered most of northwestern Nevada thousands of years ago. The lake is fed primarily
by the Truckee River and was named one of the best fisheries in the world by Fly
Fishing and Tying Journal in 2010. The lake is world renowned for its Lahontan
Cutthroat Trout and Cui-ui fish; Pyramid Lake is the only place on earth where the Cuiui can be found! The lake is also home to the Anaho Island National Wildlife Refuge,
which supports one of the largest breeding colonies of American white pelicans in North
America. The Paiute people call themselves Numu, or “The People”. Pyramid Lake

13 https://ecos.fws.gov/ipac/location/KTKWS3SVCZFY3KBSRIAL4STDKI/resources
14 About the Refuge - Anaho Island - U.S. Fish and Wildlife Service (fws.gov)

Pyramid Lake Paiute Tribe Long-Range Transportation Plan Page | 25

Paiutes are called Kooyooe Tukkadu or “Cui-ui Eaters’. Deeply grounded in their
environment, the Paiutes believe that power (pooha) resides in any natural object
including animals, plants, stones, water and geographical features. '°

Pyramid Lake is classified as a Mesotrophic, Monomictic, Hyposaline, Terminal Lake
Which is 27 miles long and 4-11 miles wide. Surface elevation is approximately 3,800 ft.
and its surface area is 172 miles*. The lake has a maximum depth of 330 ft. with a
volume of water totaling 21.39 million acre-feet over a 69 mile perimeter. Due to the
high salt content at 4.5 ppt this alkaline lake has a pH of 9.2. The average air
temperature in summer is 86° water 75°, and in the winter air temperature is around 45°
water 43°. Average annual precipitation is 7 inches, but drought is in the forecast for
2021. The lake turns over between December and February and the summertime bluegreen algae bloom occurs between July & September. There are 5 species of fish in the
Lake including the trophy Lahontan Cutthroat Trout, Sacramento Perch, Tui-chub,
Tahoe Sucker, and the endangered Cui-ui sucker fish. Trout spawning happens from
March through May at the lake in Sutcliffe and on the lower Truckee River. Cui-ui
spawning happens in April and typically runs through June in the lower Truckee River.'?

Lahontan National Fish Hatchery Complex

There are many fish hatcheries within the Study Area, but the Lahontan National Fish
Hatchery Complex is located outside of the reservation near southeast Lake Tahoe at
710 U.S. Hwy 395 N, Gardnerville, NV 89410. This facility manages the recovery
implementation for the endangered Cui-ui and the threatened Lahontan Cutthroat Trout
(LCT). The Complex maintains a brood stock of a unique genetic strain of Lahontan
cutthroat trout that represent the original lake form that evolved in ancient Lake
Lahontan.

Over a fifteen year period the Complex has carefully developed a stock of LCT from wild
fish collected at Pilot Peak. Throughout this process genetic diversity is carefully
maintained with each spawning fish individually marked, genetically analyzed and then
paired with the individual that will most preserve the unique genetics of this rare
lacustrine (lake form) of cutthroat trout. The resulting Pilot Peak strain, which grows 0.6
inches per month at the hatchery, is now in full production. This fish is also performing
well in Pyramid Lake, growing at a monthly rate of about one half inch per month, with
six year old fish reaching twenty four pounds in weight.

About 300,000 - 400,000 LCT are raised and released each year, all of which are
genetically monitored to ensure that the historical genetic legacy is preserved. The
Complex provides fish of all age classes in support of fishery management, recovery
activities as well as supporting recreational fishing. Currently the Lahontan National Fish
Hatchery produces fish for Pyramid Lake, Walker Lake, the Truckee River, Fallen Leaf
Lake and Marlette Reservoir. ,

Other work includes partnering with Tribal, federal and state agencies on watershed
connectivity, the National Fish Passage Program, river restoration, instream flow

15 PLPTT 20150819 FishingCampingBoating Regs Final.pdf (fws.gov)

Pyramid Lake Paiute Tribe Long-Range Transportation Plan Page | 26
development and fishery monitoring and management. Central to the program is the
ongoing partnerships with several Tribes, where we jointly work on fishery management
and river restoration within Tribal lands. We also collaborate with Universities to
continually refine our conservation and management strategies. The hatchery is open
for visitors from Monday through Friday between 8 AM and 3 PM."¢

Marble Bluff Fish Passage Facility (MBFP)

The Marble Bluff Fish Passage Facility aids in the spawning migration of cui-ui and LCT
from Pyramid Lake into the Truckee River. The MBFP is located inside Reservation
Lands near the end of the Truckee River approximately 3 miles upstream of Pyramid
Lake and northwest of Nixon. The facility consists of four major components: Marble
Bluff Dam, a fish lock (elevator), a fisnhway and a fish handling building. The fish lock is
a 40 foot deep chamber that fills with water and allows fish to migrate over the dam
without being lifted out of the water, similar to an elevator. The high-tech fish lock can
move as many as 2,000 cui-ui in 15 minutes and has been instrumental in the reestablishment of the cui-ui spawning migration from Pyramid Lake to the Truckee River.
Adults spend two to three weeks in the river and larvae drift back to the lake within three
weeks of hatching.

The facility was constructed in 1975 to reduce further erosion of the lower Truckee River
and to impound and divert water to the fishway to allow passage around the delta.
Without this facility, these fish are unable to access their old spawning grounds because
of the changes in the lake's elevation over the last century. During the cui-ui spawning
season, biologists are able to sample a small portion of the fish as they move through
the lock. They weigh, measure, determine the gender of the fish, and check for tags
before returning them to the river. This information helps biologists understand the
recovery needs of cui-ui and to assess their life history and populations trends.

Current activities at the facility include the development of an incubation system for LCT
eggs in the fish handling building. This system allows newly hatched trout to be raised in
and imprinted with water from the Truckee River. In 2007 (the first year of operation) the
incubation system produced approximately 28,400 Lahontan cutthroat trout fry, which
were stocked into upstream tributaries of the Truckee River. These LCT will return to
spawn in the Truckee River, help to reestablish the LCT within its historic habitat.

The Marble Bluff Fish Passage Facility is operated in partnership with the U.S. Bureau
of Reclamation and the Pyramid Lake Paiute Tribe. The Lahontan National Fish
Hatchery Complex operates and maintains the facility. The Bureau of Reclamation is
responsible for the maintenance of the fish lock and the dam. The Pyramid Lake Paiute
Tribe has land management responsibilities for Pyramid Lake and its surrounding area.
The facility is open to the public during the spawning season (March through early
June).17

Pyramid Lake Fisheries

16 Lahontan National Fish Hatchery Complex (fws.qov)
17 Lahontan National Fish Hatchery Complex (fws.gov)

Pyramid Lake Paiute Tribe Long-Range Transportation Plan Page | 27
The mission of Pyramid Lake Fisheries is to operate and maintain fishery facilities at
Pyramid Lake and the lower Truckee River for the purpose of enhancing Cui-ui and
Lahontan Cutthroat Trout populations, while creating a balance within natural resources
management actions, which reflects the social, cultural, economic, and natural resource
values of the Pyramid Lake Paiute people.

The goal of Pyramid Lake Fisheries is to maintain both a recreational and trophy fishery
for Lahontan Cutthroat Trout, while working collaboratively with partners to protect,
conserve, and restore aquatic resources, fish habitats, and water quality within the
Pyramid Lake - Truckee River watershed.

The role of Pyramid Lake Fisheries is to coordinate fish production of their hatcheries,
with the hatchery production of the US FWS facilities to maintain and enhance the fish
community of Pyramid Lake for the tribe and all our visitors.

Hatcheries

The Tribe has a complex of three different trout hatcheries and two hatcheries that
provide Cui-ui plants for the lower Truckee River. Every year the hatchery system
produces between 600,000-1,000,000 sub-catchable Lahontan Cutthroat Trout for
release into the lake and the river. The facilities are funded in part through federal
grants and partnerships with local government wildlife agencies to maintain top notch
hatcheries for Pyramid Lake and the Truckee River.'®

e Dunn Hatchery - Up to 400,000 trout eggs are incubated here in Sutcliffe
annually. The hatchery is also used as a training base for tribal members to gain
experience and education in fish husbandry.

e Koch Cui-ui Hatchery - Also in Sutcliffe is the hatchery for raising the endangered
Cui-ui to supplement the population in the lake.

e Numana Hatchery - This is the largest hatchery within the Pyramid Lake
Fisheries with a total fish cap of 20,000 pounds. Located 8 miles north of
Wadsworth, NV on Highway 447. Eggs taken at Lake Operations in the spring
are transported here and raised from fry to fingerling size before being
transported back to Sutcliffe for acclimation to the alkaline water of Pyramid
Lake. Up to 800,000 eggs are incubated here annually.

10 to 15 % of all fish raised here are tagged with either a coded-wire tag or an
injection of a bright colored plastic elastomer. Pyramid Lake Fisheries has
developed a portable fish tagging trailer that facilitates the tagging process.
These tags allow fisheries personnel to look at the performance of certain year
classes of fish and evaluate the success of different stocking strategies. Anglers
also help in this effort and retrieve noses from tagged fish, providing them to
biologist after a day of fishing at the lake.

18 Pyramid Lake Fisheries Departments - Hatcheries

Pyramid Lake Paiute Tribe Long-Range Transportation Plan Page | 28
e Big Bend Hatchery - This hatchery is located in Wadsworth along the Truckee
River. This facility was designed to raise LCT to the fingerling stage and then
plant them into the river. The hope is that the trout will imprint on the river water
and return to this area to spawn. In recent years, the Big Bend Facility was
converted for the incubation and release of Cui-ui to a wetland area along the
Truckee River, which allows larval Cui-ui to enter the river and migrate naturally
down to Pyramid Lake.

e Lake Operations - Lake Ops serves the important function of spawning Lahontan
Cutthroat Trout for each year’s production. The Lake Operations Facility (Lake
Ops) is located in Sutcliffe. Lake operations is primarily an acclimation facility.
Pyramid Lake is the source of water for Lake Ops with an intake pipeline that
runs east into Pyramid Lake that takes cold water from a depth of 50 feet. The
LCT are reared in freshwater in the hatcheries; they are then acclimated to the
more saline and alkaline lake water before being released into Pyramid Lake.
After being reared to a minimum size of 4 inches, Cutthroat trout are transferred
to Lake Ops for acclimation and stocking in the fall when water temperatures on
the shore are cool enough for trout survival.

In March, yearling cutthroat are placed into circular tanks. The outflow from these
tanks is diverted down a spawning channel to the lake. Mature fish key on the
scent of the juvenile, “attraction” fish and ascend the spawning channel where
they can be sorted for spawning. This is the high point of the year and a main
attraction for visitors. The fish entering the spawning channel are sorted by sex
and maturity. Weekly spawns take place from early April through May until the
annual production goal is met. On a normal year, Pyramid Lake Fisheries will
take up to 1.5 million eggs and rear 800,000 to 1 million trout for release."

The National Wetlands Inventory Mapper shows wetlands of interest occurring at
specific points along Pyramid Lake and the Truckee River within Reservation Lands."®
Freshwater emergent wetland habitat and freshwater forested/shrub wetland habitat are
primarily on the northwest side of the lake close to shore and where standing water can
occur. In and around Sutcliffe these same wetland features exist near the lake, but they
are spottier, more disconnected and smaller than the northwest areas. Wetlands stretch
along Hardscrabble Creek and Fish Hatchery Road, which run parallel to each other,
west of Sutcliffe. The riverine area is on the south end of the lake, 3 miles north of the
Marble Bluff Fish Passage Facility, northwest of Nixon.

2.1.2.7 Cultural Resources

Cultural resources reflect the heritage of local communities, states, and nations. As
transportation projects are developed, care must be taken to assure that cultural
resources on Tribal lands are protected. Legal requirements from the Native American

19 https://www.fws.gov/wetlands/data/Mapper.html

Pyramid Lake Paiute Tribe Long-Range Transportation Plan Page | 29
[OCR skipped on page(s) 31-85]

[Read from a scan; the first 30 pages.]

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Apyramid_lake%3A9ef01749c59de1e1. Public record. Not legal advice.
