S. 3168 

One Hundred Seventeenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the third day of January, two thousand and twenty two 

An Act 

To amend the White Mountain Apache Tribe Water Rights Quantification Act 

of 2010 to modify the enforceability date for certain provisions, and for other 

purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. WHITE MOUNTAIN APACHE TRIBE RURAL WATER SYSTEM. 

(a) EXTENSION OF ENFORCEABILITY DATE.— 

(1) IN GENERAL.—Section 309(d)(2) of the White Mountain 

Apache Tribe Water Rights Quantification Act of 2010 (Public 

Law 111–291; 124 Stat. 3088; 133 Stat. 2669) is amended— 

(A) in the matter preceding subparagraph (A), by 

striking ‘‘April 30, 2023’’ and inserting ‘‘December 30, 

2027’’; and 

(B) in subparagraph (A), by striking ‘‘May 1, 2023’’ 

and inserting ‘‘December 31, 2027’’. 

(2) CONFORMING AMENDMENT.—Section 3(b)(2) of the White 

Mountain Apache Tribe Rural Water System Loan Authorization Act (Public Law 110–390; 122 Stat. 4191; 124 Stat. 3092) 

is amended by striking ‘‘beginning on’’ and all that follows 

through the period at the end and inserting ‘‘beginning on 

December 31, 2027.’’. 

(b) COST INDEXING.—Section 312(c) of the White Mountain 

Apache Tribe Water Rights Quantification Act of 2010 (Public Law 

111–291; 124 Stat. 3095) is amended by striking ‘‘All amounts 

made available under’’ and all that follows through the period 

at the end and inserting the following: 

‘‘(1) WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS SETTLEMENT SUBACCOUNT.—All amounts made available under subsection (a) 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 system and the maintenance of the 

WMAT rural water system. 

‘‘(2) WMAT SETTLEMENT FUND.—All amounts made available under subsection (b)(2) shall be adjusted annually 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 system and the maintenance of the WMAT rural water system. 

‘‘(3) WMAT MAINTENANCE FUND.—All amounts made available under subsection (b)(3) shall be adjusted on deposit to 

reflect changes since October 1, 2007, in the Consumer Price 
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Index for All Urban Consumers West Urban 50,000 to 1,500,000 

published by the Bureau of Labor Statistics. 

‘‘(4) WMAT COST OVERRUN SUBACCOUNT.—Of the amounts 

made available under subsection (e)(2)— 

‘‘(A) $35,000,000 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 

system and the maintenance of the WMAT rural water 

system; and 

‘‘(B) additional funds, in excess of the amount referred 

to in subparagraph (A), shall be adjusted as necessary 

to reflect the changes since April 1, 2021, in the construction cost indices applicable to the types of construction 

involved in the construction of the WMAT rural water 

system and the maintenance of the WMAT rural water 

system. 

‘‘(5) CONSTRUCTION COSTS ADJUSTMENT.—The amounts 

made available under subsections (a), (b)(2), and (e)(2) shall 

be adjusted to address construction cost changes necessary 

to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices, as determined 

by the Secretary, including repricing applicable to the types 

of construction and current industry standards involved. 

‘‘(6) PROHIBITION.—Notwithstanding any other provision of 

law, after the enforceability date, any increase in the amounts 

appropriated under subsections (a)(1), (b)(3)(B), and (e)(2)(A) 

because of cost indexing shall not be available from funds 

in the Treasury not otherwise appropriated. 

‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated funding for the purposes provided 

in this subsection.’’. 

(c) FUNDING FOR WMAT COST OVERRUN SUBACCOUNT.—Section 

312(e)(2)(B) of the White Mountain Apache Tribe Water Rights 

Quantification Act of 2010 (Public Law 111–291; 124 Stat. 3095) 

is amended by striking ‘‘$11,000,000’’ and inserting ‘‘$541,000,000’’. 

(d) RETURN TO TREASURY.— 

(1) IN GENERAL.—Section 312(e)(4)(B) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 

(Public Law 111–291; 124 Stat. 3096) is amended, in the matter 

preceding clause (i), by striking ‘‘shall be—’’ and all that follows 

through the period at the end of clause (ii) and inserting ‘‘shall 

be returned to the general fund of the Treasury.’’. 

(2) CONFORMING AMENDMENT.—Section 312(b)(2) of the 

White Mountain Apache Tribe Water Rights Quantification 

Act of 2010 (Public Law 111–291; 124 Stat. 3093; 132 Stat. 

1626) is amended by striking subparagraph (B) and inserting 

the following: 

‘‘(B) TRANSFERS TO FUND.—There is authorized to be 

appropriated to the Secretary for deposit in the WMAT 

Settlement Fund $78,500,000.’’. 

(e) CONVEYANCE OF TITLE TO TRIBE.—Section 307(d)(2)(E) of 

the White Mountain Apache Tribe Water Rights Quantification 

Act of 2010 (Public Law 111–291; 124 Stat. 3082; 132 Stat. 1626) 

is amended, in the matter preceding clause (i), by striking ‘‘water 

system—’’ and all that follows through the period at the end of 
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clause (ii)(II) and inserting ‘‘water system is substantially complete, 

as determined by the Secretary in accordance with subsection (k).’’. 

(f) REQUIREMENTS FOR DETERMINATION OF SUBSTANTIAL

COMPLETION OF THE WMAT RURAL WATER SYSTEM.—Section 307 

of the White Mountain Apache Tribe Water Rights Quantification 

Act of 2010 (Public Law 111–291; 124 Stat. 3080; 132 Stat. 1626) 

is amended by adding at the end the following: 

‘‘(k) REQUIREMENTS FOR DETERMINATION OF SUBSTANTIAL

COMPLETION OF THE WMAT RURAL WATER SYSTEM.—The WMAT 

rural water system shall be determined to be substantially complete 

if— 

‘‘(1) 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); or 

‘‘(2) the Secretary— 

‘‘(A) expended all of the available funding provided 

to construct the WMAT rural water system; and 

‘‘(B) despite diligent efforts, cannot complete construction as described in the final project design described in 

subsection (c) due solely to the lack of additional authorized 

funding.’’. 

(g) REQUIREMENT.—Section 310(b) of the White Mountain 

Apache Tribe Water Rights Quantification Act of 2010 (Public Law 

111–291; 124 Stat. 3090) is amended by adding at the end the 

following: 

‘‘(3) EXPENDITURES.—If, before the enforceability date, Federal funds are expended to carry out activities described in 

subparagraph (A) or (C) of paragraph (2) in excess of the 

amounts provided pursuant to the White Mountain Apache 

Tribe Rural Water System Loan Authorization Act (Public Law 

110–390; 122 Stat. 4191), such expenditures shall be accounted 

for as White Mountain Apache Tribe Water Rights Settlement 

Subaccount funds.’’. 

(h) ENFORCEABILITY DATE EFFECTIVENESS.—Section 309(d)(1) 

of the White Mountain Apache Tribe Water Rights Quantification 

Act of 2010 (Public Law 111–291; 124 Stat. 3088; 133 Stat. 2669) 

is amended— 

(1) by redesignating subparagraphs (D) through (G) as 

subparagraphs (E) through (H), respectively; and 

(2) by inserting after subparagraph (C) the following: 

‘‘(D) such amount, up to the amount made available 

under section 312(e)(2), as the Secretary determines to 

be necessary to construct the WMAT rural water system 

that is capable of storing, diverting, treating, transmitting, 

and distributing a supply of water as set forth in the 

final project design described in section 307(c) has been 

deposited in the WMAT Cost Overrun Subaccount;’’. 

(i) PROHIBITION.—Section 312(e) of the White Mountain Apache 

Tribe Water Rights Quantification Act of 2010 (Public Law 111– 

291; 124 Stat. 3095) is amended by adding at the end the following: 

‘‘(5) PROHIBITION.—Notwithstanding any other provision of 

law, any amounts made available under paragraph (2)(B) shall 

not be made available from— 

‘‘(A) the Indian Water Rights Settlement Completion 

Fund established by section 70101(a) of the Infrastructure 

Investment and Jobs Act (25 U.S.C. 149(a)); or 
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‘‘(B) the Reclamation Water Settlements Fund established by section 10501(a) of the Omnibus Public Land 

Management Act of 2009 (43 U.S.C. 407(a)).’’. 

(j) OVERSIGHT AND ACCOUNTING.—Section 312 of the White 

Mountain Apache Tribe Water Rights Quantification Act of 2010 

(Public Law 111–291; 124 Stat. 3093) is amended by adding at 

the end the following: 

‘‘(h) OVERSIGHT AND ACCOUNTING.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date 

of enactment of this subsection and annually thereafter, the 

Director of the Bureau shall submit to the Committee on Indian 

Affairs of the Senate and the Committee on Natural Resources 

of the House of Representatives an annual report that describes 

all expenditures, during the year covered by the report, from— 

‘‘(A) the WMAT Settlement Fund established by subsection (b)(2)(A) and the WMAT Maintenance Fund established by subsection (b)(3)(A) (referred to in this subsection 

as the ‘Funds’); and 

‘‘(B) the WMAT Cost Overrun Subaccount established 

by subsection (e)(1) (referred to in this subsection as the 

‘Subaccount’). 

‘‘(2) INCLUSIONS.—Each report under paragraph (1) shall 

include, but not be limited to: 

‘‘(A) Progress and cost accounting on the planning, 

design and construction of the Miner Flat Dam and any 

additional water supply facilities resulting from expenditures from the Funds and the Subaccount. 

‘‘(B) A cost accounting of the administrative expenses 

related to activities resulting from expenditures from the 

Funds and the Subaccount. 

‘‘(C) A cost accounting of the environmental regulatory 

and economic process related to activities resulting from 

expenditures from the Funds and the Subaccount. 

‘‘(D) A projection of such costs described in subparagraphs (A), (B), and (C) for the next fiscal year and specific 

goals and objectives for the next fiscal year. 

‘‘(E) Whether those projections and specific goals and 

objectives have been met and any barriers encountered 

in the last fiscal year.’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.