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[House Report 115-441]
[From the U.S. Government Publishing Office]

115th Congress   }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                    {       115-441

======================================================================

 
 TO AMEND THE WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS QUANTIFICATION 
 ACT OF 2010 TO CLARIFY THE USE OF AMOUNTS IN THE WMAT SETTLEMENT FUND

                                _______
                                

December 6, 2017.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                         [To accompany S. 140]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (S. 140) to amend the White Mountain Apache Tribe 
Water Rights Quantification Act of 2010 to clarify the use of 
amounts in the WMAT Settlement Fund, having considered the 
same, report favorably thereon without amendment and recommend 
that the bill do pass.

                          Purpose of the Bill

    The purpose of S. 140 is to amend the White Mountain Apache 
Tribe Water Rights Quantification Act of 2010 to clarify the 
use of amounts in the WMAT Settlement Fund.

                  Background and Need for Legislation

    The Claims Resolution Act of 2010 (Act, Public Law 111-291) 
included four Indian water rights settlements. Title III of the 
Act resolved the White Mountain Apache Tribe's (Tribe) water 
related claims against the United States, the State of Arizona, 
and a number of other State and non-federal parties. In 
consideration for the Tribe waiving its water-related claims 
against the United States and other parties, the Act authorized 
funding for the construction of the White Mountain Apache Rural 
Water System (Rural Water System) to bring safe and reliable 
drinking water to the Tribe and its members. Specifically, the 
Rural Water System will consist of a dam and reservoir, 
treatment plant, and 55 miles of pipeline to serve the 
community.\1\
---------------------------------------------------------------------------
    \1\Testimony of Vice-Chairman Kasey Velasquez, Vice-Chairman of the 
White Mountain Apache Tribe, before the Water, Power and Oceans 
Subcommittee, on S. 140, November 3, 2017, p.2.https://
www.indian.senate.gov/sites/default/files/upload/6.29.16%20Ronnie%20 
Lupe%20Testimony.pdf.
---------------------------------------------------------------------------
    The Act also established the creation of the WMAT 
Settlement Fund that can be used for cost-overruns for the 
System and ``water-related economic development projects,'' 
among other things.\2\ The Tribe and the Bureau of Reclamation 
have been working together to complete a study to determine if 
additional construction activities may be required to 
accommodate geological conditions at the site of the dam. 
Accordingly, there may be additional costs incurred during 
construction, albeit within the Act's authorization. The 
Department of the Interior has previously indicated that it is 
unclear (from its perspective) whether the WMAT Settlement Fund 
can be used for the System's cost overruns.\3\ The Rural Water 
System will serve a number of water-related activities that fit 
squarely within the WMAT Settlement Funds' authorized purposes, 
primarily water for new and existing housing on the 
reservation, municipal and commercial needs, as well as water 
for existing irrigation, improvements to the Alchesay fish 
hatchery, and the potential for small-scale hydropower 
(approximately 2 megawatts).\4\
---------------------------------------------------------------------------
    \2\P.L. 111-291, Section 312(b).
    \3\Testimony of Vice-Chairman Kasey Velasquez, Vice-Chairman of the 
White Mountain Apache Tribe, before the Water, Power and Oceans 
Subcommittee, on S. 140, November 3, 2017, p.4.https://
www.indian.senate.gov/sites/default/files/upload/6.29.16%20Ronnie%20 
Lupe%20Testimony.pdf.
    \4\Id.
---------------------------------------------------------------------------

                            Committee Action

    S. 140 was introduced on January 12, 2017, by Senator Jeff 
Flake (R-AZ). The Senate passed the bill by unanimous consent 
on May 8, 2017. In the House of Representatives, the bill was 
referred to the Committee on Natural Resources. Within the 
Committee on Natural Resources, the bill was referred to the 
Subcommittee on Water, Power and Oceans. On November 2, 2017, 
the Subcommittee held a hearing on the legislation. November 7, 
2017, the Natural Resources Committee met to consider the bill. 
The Subcommittee was discharged by unanimous consent. No 
amendments were offered, and the bill was ordered favorably 
reported to the House of Representatives by unanimous consent 
on November 8, 2017.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House Rule XIII

    1. Cost of Legislation and the Congressional Budget Act of 
1974. With respect to the requirements of clause 3(c)(2) and 
(3) of rule XIII of the Rules of the House of Representatives 
and sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the enclosed cost estimate for 
the bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 21, 2017.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 140, a bill to amend 
the White Mountain Apache Tribe Water Rights Quantification Act 
of 2010 to clarify the use of amounts in the WMAT Settlement 
Fund.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

S. 140--A bill to amend the White Mountain Apache Tribe Water Rights 
        Quantification Act of 2010 to clarify the use of amounts in the 
        WMAT Settlement Fund

    S. 140 would amend the White Mountain Apache Tribe Water 
Rights Quantification Act of 2010 to clarify that the White 
Mountain Apache Tribe (WMAT) is authorized to use amounts from 
the WMAT settlement fund, as established by that act, to plan, 
design, and construct a rural water system. Under current law, 
almost $79 million is authorized to be appropriated to that 
settlement fund. S. 140 would expand the uses of the fund but 
would not authorize the appropriation of any additional 
funding. As of November 2017, no funds have been appropriated 
to the settlement fund.
    CBO estimates that implementing S. 140 would not affect the 
federal budget. Enacting the legislation would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    CBO estimates that enacting S. 140 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    S. 140 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. The 
White Mountain Apache Tribe would benefit from authorizations 
in the bill to use existing settlement funds for planning, 
design, and construction of a rural water system. Any costs to 
the tribe would result from complying with conditions of 
assistance.
    On February 24, 2017, CBO transmitted a cost estimate for 
S. 140, a bill to amend the White Mountain Apache Tribe Water 
Rights Quantification Act of 2010 to clarify the use of amounts 
in the WMAT Settlement Fund, as ordered reported by the Senate 
Committee on Indian Affairs on February 8, 2017. The two 
versions of the act are similar and CBO's estimates of their 
costs are the same.
    The CBO staff contacts for this estimate are Robert Reese 
(for federal costs) and Rachel Austin (for mandates). The 
estimate was approved by H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the White Mountain Apache 
Tribe Water Rights Quantification Act of 2010 to clarify the 
use of amounts in the WMAT Settlement Fund.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

  WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS QUANTIFICATION ACT OF 2010

           *       *       *       *       *       *       *
TITLE III--WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS QUANTIFICATION

           *       *       *       *       *       *       *

SEC. 307. AUTHORIZATION OF WMAT RURAL WATER SYSTEM.

  (a) In general.--Consistent with subsections (a), (b)(2), and 
(e) of section 312 and subsection (h) of this section, the 
Secretary, acting through the Bureau, shall plan, design, and 
construct the WMAT rural water system to divert, store, and 
distribute water from the North Fork of the White River to the 
Tribe that shall consist of--
          (1) a dam and storage reservoir, pumping plant, and 
        treatment facilities located along the North Fork of 
        the White River near the community of Whiteriver;
          (2) a distribution system consisting of pipelines 
        extending from the treatment facilities to existing 
        water distribution systems serving the communities of 
        Whiteriver, Fort Apache, Canyon Day, Cedar Creek, 
        Carrizo, and Cibecue;
          (3) connections to existing distribution facilities 
        for the communities described in paragraph (2), but not 
        including any upgrades of, or improvements to, existing 
        or future public water systems for the communities 
        described in paragraph (2) that may be necessary to 
        accommodate increased demand and flow rates (and any 
        associated changes in water quality);
          (4) connections to additional communities along the 
        pipeline, provided that the additional connections may 
        be added to the distribution system described in 
        paragraph (2) at the expense of the Tribe;
          (5) appurtenant buildings and access roads;
          (6) electrical power transmission and distribution 
        facilities necessary for operation of the project; and
          (7) any other project components that the Secretary, 
        in consultation with the Tribe, determines to be 
        necessary.
  (b) Modifications.--The Secretary and the Tribe--
          (1) may modify the components of the WMAT rural water 
        system described in subsection (a) by mutual agreement; 
        and
          (2) shall make all modifications required under 
        subsection (c)(2).
  (c) Final Project Design.--
          (1) In general.--The Secretary shall issue a final 
        project design of the WMAT rural water system, 
        including the dam, pumping plants, pipeline, and 
        treatment plant, that is generally consistent with the 
        project extension report dated February 2007 after the 
        completion of--
                  (A) any appropriate environmental compliance 
                activity; and
                  (B) the review process described in paragraph 
                (2).
          (2) Review.--
                  (A) In general.--The Secretary shall review 
                the proposed design of the WMAT rural water 
                system and perform value engineering analyses.
                  (B) Results.--Taking into consideration the 
                review under subparagraph (A), the Secretary, 
                in consultation with the Tribe, shall require 
                appropriate changes to the design, so that the 
                final design--
                          (i) meets Bureau of Reclamation 
                        design standards;
                          (ii) to the maximum extent 
                        practicable, incorporates any changes 
                        that would improve the cost-
                        effectiveness of the delivery of water 
                        through the WMAT rural water system; 
                        and
                          (iii) may be constructed for the 
                        amounts made available under section 
                        312.
  (d) Conveyance of Title.--
          (1) In general.--Title to the WMAT rural water system 
        shall be held by the United States until title to the 
        WMAT rural water system is conveyed by the Secretary to 
        the Tribe pursuant to paragraph (2).
          (2) Conveyance to tribe.--The Secretary shall convey 
        to the Tribe title to the WMAT rural water system not 
        later than 30 days after the date on which the 
        Secretary publishes in the Federal Register a statement 
        of findings that--
                  (A) the operating criteria, standing 
                operating procedures, emergency action plan, 
                and first filling and monitoring criteria of 
                the designers have been established and are in 
                place;
                  (B) the WMAT rural water system has operated 
                under the standing operating procedures of the 
                designers, with the participation of the Tribe, 
                for a period of 3 years;
                  (C) the Secretary has provided the Tribe with 
                technical assistance on the manner by which to 
                operate and maintain the WMAT rural water 
                system;
                  (D) the funds made available under section 
                312(b)(3)(B) have been deposited in the WMAT 
                Maintenance Fund; and
                  (E) the WMAT rural water system--
                          (i) is substantially complete, as 
                        determined by the Secretary; and
                          (ii) satisfies the requirement that--
                                  (I) the infrastructure 
                                constructed is capable of 
                                storing, diverting, treating, 
                                transmitting, and distributing 
                                a supply of water as set forth 
                                in the final project design 
                                described in subsection (c); 
                                and
                                  (II) the Secretary has 
                                consulted with the Tribe 
                                regarding the proposed finding 
                                that the WMAT rural water 
                                system is substantially 
                                complete.
  (e) Alienation and Taxation.--
          (1) In general.--Conveyance of title to the Tribe 
        pursuant to subsection (d) does not waive or alter any 
        applicable Federal law (including regulations) 
        prohibiting alienation or taxation of the WMAT rural 
        water system or the underlying reservation land.
          (2) Alienation of wmat rural water system.--The WMAT 
        rural water system, including the components of the 
        WMAT rural water system, shall not be alienated, 
        encumbered, or conveyed in any manner by the Tribe, 
        unless a reconveyance is authorized by an Act of 
        Congress enacted after the date of enactment of this 
        Act.
  (f) Operation and Maintenance.--
          (1) In general.--Consistent with subsections (d) and 
        (e) of section 312, the Secretary, acting through the 
        Bureau and in cooperation with the Tribe, shall 
        operate, maintain, and replace the WMAT rural water 
        system until the date on which title to the WMAT rural 
        water system is transferred to the Tribe pursuant to 
        subsection (d)(2).
          (2) Limitation.--
                  (A) In general.--Beginning on the date on 
                which title to the WMAT rural water system is 
                transferred to the Tribe pursuant to subsection 
                (d)(2), the United States shall have no 
                obligation to pay for the operation, 
                maintenance, or replacement costs of the WMAT 
                rural water system.
                  (B) Limitation on liability.--Effective on 
                the date on which the Secretary publishes a 
                statement of findings in the Federal Register 
                pursuant to subsection (d)(2), the United 
                States shall not be held liable by any court 
                for damages arising out of any act, omission, 
                or occurrence relating to the land or 
                facilities conveyed, other than damages caused 
                by any intentional act or act of negligence 
                committed by the United States, or by employees 
                or agents of the United States, prior to the 
                date on which the Secretary publishes a 
                statement of findings in the Federal Register 
                pursuant to subsection (d)(2).
  (g) Right to review.--
          (1) In general.--The statement of findings published 
        by the Secretary pursuant to subsection (d)(2) shall be 
        considered to be a final agency action subject to 
        judicial review under sections 701 through 706 of title 
        5, United States Code.
          (2) Effect of title.--Nothing in this title gives the 
        Tribe or any other party the right to judicial review 
        of the determination by the Secretary under subsection 
        (d) except under subchapter II of chapter 5, and 
        chapter 7, of title 5, United States Code (commonly 
        known as the ``Administrative Procedure Act'').
  (h) Applicability of ISDEAA.--
          (1) Agreement for specific activities.--On receipt of 
        a request of the Tribe, and in accordance with the 
        Indian Self-Determination and Education Assistance Act 
        (25 U.S.C. 450 et seq.), the Secretary shall enter into 
        1 or more agreements with the Tribe to carry out the 
        activities authorized by this section.
          (2) Contracts.--Any contract entered into pursuant to 
        the Indian Self-Determination and Education Assistance 
        Act (25 U.S.C. 450 et seq.) for the purpose of carrying 
        out any provision of this title shall incorporate such 
        provisions regarding periodic payment of funds, timing 
        for use of funds, transparency, oversight, reporting, 
        and accountability as the Secretary determines to be 
        necessary (at the sole discretion of the Secretary) to 
        ensure appropriate stewardship of Federal funds.
  (i) Final Designs; Project Construction.--
          (1) Final designs.--All designs for the WMAT rural 
        water system shall--
                  (A) conform to Bureau design standards; and
                  (B) be subject to review and approval by the 
                Secretary.
          (2) Project construction.--Each project component of 
        the WMAT rural water system shall be constructed 
        pursuant to designs and specifications approved by the 
        Secretary, and all construction work shall be subject 
        to inspection and approval by the Secretary.
  (j) Condition.--As a condition of construction of the 
facilities authorized by this section, the Tribe shall provide, 
at no cost to the Secretary, all land or interests in land that 
the Secretary identifies as necessary for the construction, 
operation, and maintenance of those facilities.

           *       *       *       *       *       *       *

SEC. 312. FUNDING.

  (a) Rural Water System.--
          (1) Mandatory appropriations.--Subject to paragraph 
        (2), out of any funds in the Treasury not otherwise 
        appropriated, the Secretary of the Treasury shall 
        transfer to the Secretary to carry out the planning, 
        engineering, design, environmental compliance, and 
        construction of the WMAT rural water system 
        $126,193,000.
          (2) Inclusions.--The amount made available under 
        paragraph (1) shall include such sums as are necessary, 
        but not to exceed 4 percent of the construction 
        contract costs, for the Bureau to carry out oversight 
        of activities for planning, design, environmental 
        compliance, and construction of the rural water system.
  (b) WMAT Settlement and Maintenance Funds.--
          (1) Definition of funds.--In this subsection, the 
        term ``Funds'' means--
                  (A) the WMAT Settlement Fund established by 
                paragraph (2)(A); and
                  (B) the WMAT Maintenance Fund established by 
                paragraph (3)(A).
          (2) WMAT settlement fund.--
                  (A) Establishment.--There is established in 
                the Treasury of the United States a fund to be 
                known as the ``WMAT Settlement Fund'', to be 
                administered by the Secretary, consisting of 
                the amounts deposited in the fund under 
                subparagraph (B), together with any interest 
                accrued on those amounts, for use by the Tribe 
                in accordance with subparagraph (C).
                  (B) Transfers to Fund.--
                          (i) In general.--There are authorized 
                        to be appropriated to the Secretary for 
                        deposit in the WMAT Settlement Fund--
                                  (I) $78,500,000; and
                                  (II) any additional amounts 
                                described in clause (ii), if 
                                applicable.
                          (ii) Authorization of additional 
                        amounts.--In accordance with subsection 
                        (e)(4)(B), if the WMAT rural water 
                        system is conveyed to the Tribe before 
                        the date on which the $35,000,000 
                        described in subsection (e)(2) is 
                        completely made available, there is 
                        authorized to be appropriated to the 
                        Secretary, for deposit in the WMAT 
                        Settlement Fund, any remaining amounts 
                        that would otherwise have been made 
                        available for expenditure from the Cost 
                        Overrun Subaccount.
                  (C) Use of Funds.--
                          (i) In general.--The Tribe shall use 
                        amounts in the WMAT Settlement Fund for 
                        any of the following purposes:
                                  (I) Fish production, 
                                including hatcheries.
                                  (II) Rehabilitation of 
                                recreational lakes and existing 
                                irrigation systems.
                                  (III) Water-related economic 
                                development projects[.], 
                                including the planning, design, 
                                and construction of the WMAT 
                                rural water system, in 
                                accordance with section 307(a).
                                  (IV) Protection, restoration, 
                                and economic development of 
                                forest and watershed health.
                          (ii) Existing irrigation systems.--Of 
                        the amounts deposited in the Fund under 
                        subparagraph (B), not less than 
                        $4,950,000 shall be used for the 
                        rehabilitation of existing irrigation 
                        systems.
          (3) WMAT maintenance fund.--
                  (A) Establishment.--There is established in 
                the Treasury of the United States a fund to be 
                known as the ``WMAT Maintenance Fund'', to be 
                administered by the Secretary, consisting of 
                the amounts deposited in the fund under 
                subparagraph (B), together with any interest 
                accrued on those amounts, for use by the Tribe 
                in accordance with subparagraph (C).
                  (B) Mandatory appropriations.--Out of any 
                funds in the Treasury not otherwise 
                appropriated, the Secretary of the Treasury 
                shall transfer to the Secretary $50,000,000 for 
                deposit in the WMAT Maintenance Fund.
                  (C) Use of Funds.--The Tribe shall use 
                amounts in the WMAT Maintenance Fund only for 
                the operation, maintenance, and replacement 
                costs associated with the delivery of water 
                through the WMAT rural water system.
          (4) Administration.--The Secretary shall manage the 
        Funds in accordance with the American Indian Trust Fund 
        Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), 
        including by investing amounts in the Funds in 
        accordance with--
                  (A) the Act of April 1, 1880 (25 U.S.C. 161); 
                and
                  (B) the first section of the Act of June 24, 
                1938 (25 U.S.C. 162a).
          (5) Availability of amounts from funds.--Amounts in 
        the Funds shall be available for expenditure or 
        withdrawal only after the enforceability date and in 
        accordance with subsection (f).
          (6) Expenditure and withdrawal.--
                  (A) Tribal Management Plan.--
                          (i) In general.--The Tribe may 
                        withdraw all or part of the amounts in 
                        the Funds on approval by the Secretary 
                        of a tribal management plan, as 
                        described in the American Indian Trust 
                        Fund Management Reform Act of 1994 (25 
                        U.S.C. 4001 et seq.).
                          (ii) Requirements.--In addition to 
                        the requirements under the American 
                        Indian Trust Fund Management Reform Act 
                        of 1994 (25 U.S.C. 4001 et seq.), a 
                        tribal management plan under this 
                        subparagraph shall require the Tribe to 
                        use any amounts withdrawn from the 
                        Funds in accordance with paragraph 
                        (2)(C) or (3)(C), as applicable.
                          (iii) Enforcement.--The Secretary may 
                        take judicial or administrative action 
                        to enforce the provisions of a tribal 
                        management plan described in clause (i) 
                        to ensure that any amounts withdrawn 
                        from the Funds under the tribal 
                        management plan are used in accordance 
                        with this title and the Agreement.
                          (iv) Liability.--If the Tribe 
                        exercises the right to withdraw amounts 
                        from the Funds, neither the Secretary 
                        nor the Secretary of the Treasury shall 
                        retain any liability for the 
                        expenditure or investment of the 
                        amounts.
                  (B) Expenditure plan.--
                          (i) In general.--The Tribe shall 
                        submit to the Secretary for approval an 
                        expenditure plan for any portion of the 
                        amounts in the Funds that the Tribe 
                        does not withdraw under the tribal 
                        management plan.
                          (ii) Description.--The expenditure 
                        plan shall describe the manner in 
                        which, and the purposes for which, 
                        amounts remaining in the Funds will be 
                        used.
                          (iii) Approval.--On receipt of an 
                        expenditure plan under clause (i), the 
                        Secretary shall approve the plan, if 
                        the Secretary determines that the plan 
                        is reasonable and consistent with this 
                        title and the Agreement.
                          (iv) Annual report.--For each of the 
                        Funds, the Tribe shall submit to the 
                        Secretary an annual report that 
                        describes all expenditures from the 
                        Fund during the year covered by the 
                        report.
                  (C) Certain per capita distributions 
                prohibited.--No amount in the Funds shall be 
                distributed to any member of the Tribe on a per 
                capita basis.
  (c) Cost Indexing.--All amounts made available under 
subsections (a), (b), and (e) shall be adjusted as necessary to 
reflect the changes since October 1, 2007, in the construction 
cost indices applicable to the types of construction involved 
in the construction of the WMAT rural water supply system, the 
maintenance of the rural water supply system, and the 
construction or rehabilitation of the other development 
projects described in subsection (b)(2)(C).
  (d) Operation, Maintenance, and Replacement.--Out of any 
funds in the Treasury not otherwise appropriated, the Secretary 
of the Treasury shall transfer to the Secretary $2,500,000 for 
the operation, maintenance, and replacement costs of the WMAT 
rural water system, to remain available until the conditions 
described in section 307(f) have been met.
  (e) Cost Overrun Subaccount.--
          (1) Establishment.--There is established in the Lower 
        Colorado River Basin Development Fund a subaccount to 
        be known as the ``WMAT Cost Overrun Subaccount'', to be 
        administered by the Secretary, consisting of the 
        amounts deposited in the subaccount under paragraph 
        (2), together with any interest accrued on those 
        amounts, for use by the Secretary in accordance with 
        paragraph (4).
          (2) Mandatory appropriations; authorization of 
        appropriations.--
                  (A) Mandatory appropriations.--Out of any 
                funds in the Treasury not otherwise 
                appropriated, the Secretary of the Treasury 
                shall transfer to the Secretary $24,000,000 for 
                deposit in the WMAT Cost Overrun Subaccount.
                  (B) Authorization of appropriations.--There 
                is authorized to be appropriated for deposit in 
                the WMAT Cost Overrun Subaccount $11,000,000.
          (3) Availability of Funds.--
                  (A) In general.--Amounts in the WMAT Cost 
                Overrun Subaccount shall not be available for 
                expenditure by the Secretary until the 
                enforceability date.
                  (B) Investment.--The Secretary shall invest 
                the amounts in the WMAT Cost Overrun Subaccount 
                in accordance with section 403(f)(4) of the 
                Colorado River Basin Project Act (43 U.S.C. 
                1543(f)(4)).
                  (C) Use of interest.--The interest accrued on 
                the amounts invested under subparagraph (B) 
                shall not be available for expenditure or 
                withdrawal until the enforceability date.
          (4) Use of cost overrun subaccount.--
                  (A) Initial use.--The Secretary shall use the 
                amounts in the WMAT Cost Overrun Subaccount to 
                complete the WMAT rural water system or to 
                carry out activities relating to the operation, 
                maintenance, or replacement of facilities of 
                the WMAT rural water system, as applicable, if 
                the Secretary determines that the amounts made 
                available under subsections (a) and (d) will be 
                insufficient in the period before title to the 
                WMAT rural water system is conveyed to the 
                Tribe--
                          (i) to complete the WMAT rural water 
                        system; or
                          (ii) to operate and maintain the WMAT 
                        rural water system.
                  (B) Transfer of funds.--All unobligated 
                amounts remaining in the Cost Overrun 
                Subaccount on the date on which title to the 
                WMAT rural water system is conveyed to the 
                Tribe shall be--
                          (i) returned to the general fund of 
                        the Treasury; and
                          (ii) on an appropriation pursuant to 
                        subsection (b)(2)(B)(ii), deposited in 
                        the WMAT Settlement Fund and made 
                        available to the Tribe for use in 
                        accordance with subsection (b)(2)(C).
  (f) Conditions.--The amounts made available to the Secretary 
for deposit in the WMAT Maintenance Fund, together with any 
interest accrued on those amounts under subsection (b)(3) and 
any interest accruing on the WMAT Settlement Fund under 
subsection (b)(2), shall not be available for expenditure or 
withdrawal until the WMAT rural water system is transferred to 
the Tribe under section 307(d)(2).
  (g) Receipt and Acceptance.--The Secretary shall be entitled 
to receive, shall accept, and shall use to carry out this title 
the funds transferred under subsections (a), (b), (d), and (e), 
without further appropriation, to remain available until 
expended.

           *       *       *       *       *       *       *

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