59–010 

Calendar No. 651 

114TH CONGRESS REPORT " ! SENATE 2d Session 114–363 

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 

SEPTEMBER 27, 2016.—Ordered to be printed 

Mr. BARRASSO, from the Committee on Indian Affairs, 

submitted the following 

R E P O R T 

[To accompany S. 2959] 

The Committee on Indian Affairs, to which was referred the bill 

(S. 2959) 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, reports favorably thereon, with amendments, and recommends that the bill, 

as amended, do pass. 

PURPOSE

The purpose of the bill is to clarify the authorized purposes of the 

WMAT Settlement Fund authorized in Title III of the Claims Resolution Act, Public Law 111–291 (the ‘‘Act’’). 

BACKGROUND

Title III of the Act resolved the White Mountain Apache Tribe’s 

(the ‘‘Tribe’’) water related claims against the United States, the 

State of Arizona, and certain state parties. In consideration for the 

Tribe waiving its water related claims against the federal government and state parties, the Act authorized funding for the construction of the White Mountain Apache Rural Water System (the 

‘‘Rural Water System’’), which will bring desperately needed drinking water to the Tribe and its members. Sec. 307(a). The Act also 

establishes the creation of the WMAT Settlement Fund that can be 

used, for among other things, ‘‘water-related economic development 

projects’’. Sec. 312(b)(2)(C)(i)(III) 

In order to complete the Rural Water System, it may be necessary for the Tribe to use the existing authorization provided for 

in Section 312(b) for water-related economic development projects. 


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Since the Rural Water System will serve a number of water-related 

economic activities from housing to hydropower, it falls within the 

authorized uses provided for in Section 312(b)(2)(C)(i)(III). Notwithstanding the above, the U.S. Department of the Interior has indicated, from its perspective, it is unclear whether the Settlement 

Fund can be used for the Rural Water System. 

NEED FOR THE LEGISLATION

A technical amendment is necessary to clarify that authorization 

authority exists in Section 312(b) for the costs associated with completion of the WMAT Rural Water System—as long as it falls within the existing authorization level. 

If this issue is not resolved, the completion of the Rural Water 

System project will be threatened, thereby increasing the ultimate 

cost to the United States and delaying delivery of desperately needed drinking water to the White Mountain Apache Tribe and its 

members. 

LEGISLATIVE HISTORY

The measure, S. 2959, was introduced on May 19, 2016, by Senators McCain and Flake. The bill was referred to the Committee 

on Indian Affairs. This Committee held a hearing on the bill on 

June 29, 2016. On September 7, 2016, the Committee met at a 

business meeting to consider the bill, and ordered that the bill, as 

amended, be reported favorably. 

The House companion bill is H.R. 5433 and was introduced on 

June 9, 2016, by Representative Kirkpatrick and is cosponsored by 

Representative Gosar. The bill, H.R. 5433, was referred to the 

House Committee on Natural Resources, and within the Committee 

to the Subcommittee on Water, Power and Oceans. 

SECTION-BY-SECTION ANALYSIS FOR S. 2959 

Section 1 clarifies that the Tribe may use amounts in the WMAT 

Settlement Fund authorized in section 312(b) for the planning, design, and construction of the Rural Water System. 

COST AND BUDGETARY CONSIDERATIONS

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 2959, 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. 

Enclosure. 

S. 2959 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 in that act to plan, design, 

and construct a rural water system. Under current law, almost $79 

million is authorized to be appropriated to the settlement fund. S. 

2959 would expand the uses of the fund but would not authorize 


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the appropriation of any additional funding. As of September 2016, 

no funds have been appropriated to the WMAT settlement fund. 

CBO estimates that implementing S. 2959 would not affect 

spending that is subject to appropriation, and enacting the bill 

would not affect direct spending, or revenues. Therefore, pay-asyou-go procedures do not apply. 

CBO estimates that enacting S. 2959 would not increase net direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2027. 

S. 2959 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. 

REGULATORY AND PAPERWORK IMPACT STATEMENT

Paragraph 11(b) of rule XXVI of the Standing Rules of the Senate requires each report accompanying a bill to evaluate the regulatory and paperwork impact that would be incurred in carrying 

out the bill. The Committee believes that S. 2959 will have a minimal impact on regulatory or paperwork requirements. 

CHANGES IN EXISTING LAW

In accordance with subsection 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by S. 2959, as 

ordered reported, are shown as follows (existing law proposed to be 

omitted is enclosed in black brackets, new matter is printed in 

italic): 

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— 

* * * * * * * 

SEC. 312. FUNDING. 

* * * * * * * 

(b) WMAT SETTLEMENT AND MAINTENANCE FUNDS.— 

* * * * * * * 

(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). 

* * * * * * * 

(C) USE OF FUNDS.— 


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(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. 

Æ 


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