69-010 

Calendar No. 20 

115TH CONGRESS REPORT " ! SENATE 1st Session 115–7 

AMENDING THE WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS QUANTIFICATION ACT OF 2010 TO CLARIFY THE USE OF AMOUNTS IN THE 

WMAT SETTLEMENT FUND 

MARCH 21, 2017.—Ordered to be printed 

Mr. HOEVEN, from the Committee on Indian Affairs, 

submitted the following 

R E P O R T 

[To accompany S. 140] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Indian Affairs, to which 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, reports favorably thereon without amendment and recommends that the bill 

do pass. 

PURPOSE

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

White Mountain Apache Tribe (WMAT or Tribe) 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 

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. The Act also establishes the 

creation of the WMAT Settlement Fund that can be used, for 

among other things, ‘‘water-related economic development projects’’. 


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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. 

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 flexibility in current law, the 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. 140, was introduced on January 12, 2017, by 

Senator Jeff Flake, with Senator John McCain as an original cosponsor. The bill was referred to the Committee on Indian Affairs. 

On February 8, 2017, the Committee met at a business meeting to 

consider the bill, and ordered that the bill, without amendment, be 

reported favorably to the Senate. 

In the 114th Congress, similar legislation was introduced, S. 

2959, on May 19, 2016, by Senator McCain, with Senator Flake as 

an original co-sponsor. 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 to the Senate. This amendment clarified that 

the planning, design, and construction of the Rural Water System 

were authorized uses of the WMAT Settlement Fund. 

On September 29, 2016, the Senate passed S. 2959 by unanimous 

consent. The Senate-passed bill contained an additional technical 

amendment which struck an unnecessary cross-reference to the 

cost-overrun account in section 312(e)(4) of the White Mountain 

Apache Tribe Water Rights Quantification Act of 2010. The bill was 

received by the House of Representatives and referred to the Committee on Natural Resources, Subcommittee on Water, Power, and 

Oceans of the House of Representatives. No further action was 

taken on the bill. 

The House companion bill in the 114th Congress was H.R. 5433, 

introduced on June 9, 2016, by Representative Kirkpatrick and cosponsored by Representative Gosar. The House bill, H.R. 5433, was 

referred to the House Committee on Natural Resources. The House 

took no further action on this bill. 


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SECTION-BY-SECTION ANALYSIS FOR S. 140 

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. 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. 

Enclosure. 

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 February 2017, no 

funds have been appropriated to the settlement fund. 

CBO estimates that implementing S. 140 would not affect the 

federal budget. Enacting the bill 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. 

EXECUTIVE COMMUNICATIONS

The Committee has received no communication from the Executive Branch regarding S. 140. 

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. 140 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. 140, as ordered reported, are shown as follows (existing law proposed to be 


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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.— 

(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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