117TH CONGRESS 

2D SESSION S. 3168 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

†S 3168 ES

1 SECTION 1. WHITE MOUNTAIN APACHE TRIBE RURAL 

2 WATER SYSTEM. 

3 (a) EXTENSION OF ENFORCEABILITY DATE.— 

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

5 White Mountain Apache Tribe Water Rights Quan6 tification Act of 2010 (Public Law 111–291; 124 

7 Stat. 3088; 133 Stat. 2669) is amended— 

8 (A) in the matter preceding subparagraph 

9 (A), by striking ‘‘April 30, 2023’’ and inserting 

10 ‘‘December 30, 2027’’; and 

11 (B) in subparagraph (A), by striking ‘‘May 

12 1, 2023’’ and inserting ‘‘December 31, 2027’’. 

13 (2) CONFORMING AMENDMENT.—Section 

14 3(b)(2) of the White Mountain Apache Tribe Rural 

15 Water System Loan Authorization Act (Public Law 

16 110–390; 122 Stat. 4191; 124 Stat. 3092) is 

17 amended by striking ‘‘beginning on’’ and all that fol18 lows through the period at the end and inserting 

19 ‘‘beginning on December 31, 2027.’’. 

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

21 Mountain Apache Tribe Water Rights Quantification Act 

22 of 2010 (Public Law 111–291; 124 Stat. 3095) is amend23 ed by striking ‘‘All amounts made available under’’ and 

24 all that follows through the period at the end and inserting 

25 the following: 
3 

†S 3168 ES

1 ‘‘(1) WHITE MOUNTAIN APACHE TRIBE WATER

2 RIGHTS SETTLEMENT SUBACCOUNT.—All amounts 

3 made available under subsection (a) shall be ad4 justed as necessary to reflect the changes since Oc5 tober 1, 2007, in the construction cost indices appli6 cable to the types of construction involved in the 

7 construction of the WMAT rural water system and 

8 the maintenance of the WMAT rural water system. 

9 ‘‘(2) WMAT SETTLEMENT FUND.—All amounts 

10 made available under subsection (b)(2) shall be ad11 justed annually to reflect the changes since October 

12 1, 2007, in the construction cost indices applicable 

13 to the types of construction involved in the construc14 tion of the WMAT rural water system and the main15 tenance of the WMAT rural water system. 

16 ‘‘(3) WMAT MAINTENANCE FUND.—All 

17 amounts made available under subsection (b)(3) 

18 shall be adjusted on deposit to reflect changes since 

19 October 1, 2007, in the Consumer Price Index for 

20 All Urban Consumers West Urban 50,000 to 

21 1,500,000 published by the Bureau of Labor Statis22 tics. 

23 ‘‘(4) WMAT COST OVERRUN SUBACCOUNT.—Of 

24 the amounts made available under subsection 

25 (e)(2)— 
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†S 3168 ES

1 ‘‘(A) $35,000,000 shall be adjusted as nec2 essary to reflect the changes since October 1, 

3 2007, in the construction cost indices applicable 

4 to the types of construction involved in the con5 struction of the WMAT rural water system and 

6 the maintenance of the WMAT rural water sys7 tem; and 

8 ‘‘(B) additional funds, in excess of the 

9 amount referred to in subparagraph (A), shall 

10 be adjusted as necessary to reflect the changes 

11 since April 1, 2021, in the construction cost in12 dices applicable to the types of construction in13 volved in the construction of the WMAT rural 

14 water system and the maintenance of the 

15 WMAT rural water system. 

16 ‘‘(5) CONSTRUCTION COSTS ADJUSTMENT.— 

17 The amounts made available under subsections (a), 

18 (b)(2), and (e)(2) shall be adjusted to address con19 struction cost changes necessary to account for un20 foreseen market volatility that may not otherwise be 

21 captured by engineering cost indices, as determined 

22 by the Secretary, including repricing applicable to 

23 the types of construction and current industry 

24 standards involved. 
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1 ‘‘(6) PROHIBITION.—Notwithstanding any other 

2 provision of law, after the enforceability date, any 

3 increase in the amounts appropriated under sub4 sections (a)(1), (b)(3)(B), and (e)(2)(A) because of 

5 cost indexing shall not be available from funds in the 

6 Treasury not otherwise appropriated. 

7 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 

8 There are authorized to be appropriated funding for 

9 the purposes provided in this subsection.’’. 

10 (c) FUNDING FOR WMAT COST OVERRUN SUB11 ACCOUNT.—Section 312(e)(2)(B) of the White Mountain 

12 Apache Tribe Water Rights Quantification Act of 2010 

13 (Public Law 111–291; 124 Stat. 3095) is amended by 

14 striking ‘‘$11,000,000’’ and inserting ‘‘$541,000,000’’. 

15 (d) RETURN TO TREASURY.— 

16 (1) IN GENERAL.—Section 312(e)(4)(B) of the 

17 White Mountain Apache Tribe Water Rights Quan18 tification Act of 2010 (Public Law 111–291; 124 

19 Stat. 3096) is amended, in the matter preceding 

20 clause (i), by striking ‘‘shall be—’’ and all that fol21 lows through the period at the end of clause (ii) and 

22 inserting ‘‘shall be returned to the general fund of 

23 the Treasury.’’. 

24 (2) CONFORMING AMENDMENT.—Section 

25 312(b)(2) of the White Mountain Apache Tribe 
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†S 3168 ES

1 Water Rights Quantification Act of 2010 (Public 

2 Law 111–291; 124 Stat. 3093; 132 Stat. 1626) is 

3 amended by striking subparagraph (B) and inserting 

4 the following: 

5 ‘‘(B) TRANSFERS TO FUND.—There is au6 thorized to be appropriated to the Secretary for 

7 deposit in the WMAT Settlement Fund 

8 $78,500,000.’’. 

9 (e) CONVEYANCE OF TITLE TO TRIBE.—Section 

10 307(d)(2)(E) of the White Mountain Apache Tribe Water 

11 Rights Quantification Act of 2010 (Public Law 111–291; 

12 124 Stat. 3082; 132 Stat. 1626) is amended, in the mat13 ter preceding clause (i), by striking ‘‘water system—’’ and 

14 all that follows through the period at the end of clause 

15 (ii)(II) and inserting ‘‘water system is substantially com16 plete, as determined by the Secretary in accordance with 

17 subsection (k).’’. 

18 (f) REQUIREMENTS FOR DETERMINATION OF SUB19 STANTIAL COMPLETION OF THE WMAT RURAL WATER

20 SYSTEM.—Section 307 of the White Mountain Apache 

21 Tribe Water Rights Quantification Act of 2010 (Public 

22 Law 111–291; 124 Stat. 3080; 132 Stat. 1626) is amend23 ed by adding at the end the following: 

24 ‘‘(k) REQUIREMENTS FOR DETERMINATION OF SUB25 STANTIAL COMPLETION OF THE WMAT RURAL WATER
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1 SYSTEM.—The WMAT rural water system shall be deter2 mined to be substantially complete if— 

3 ‘‘(1) the infrastructure constructed is capable of 

4 storing, diverting, treating, transmitting, and dis5 tributing a supply of water as set forth in the final 

6 project design described in subsection (c); or 

7 ‘‘(2) the Secretary— 

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

9 provided to construct the WMAT rural water 

10 system; and 

11 ‘‘(B) despite diligent efforts, cannot com12 plete construction as described in the final 

13 project design described in subsection (c) due 

14 solely to the lack of additional authorized fund15 ing.’’. 

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

17 Mountain Apache Tribe Water Rights Quantification Act 

18 of 2010 (Public Law 111–291; 124 Stat. 3090) is amend19 ed by adding at the end the following: 

20 ‘‘(3) EXPENDITURES.—If, before the enforce21 ability date, Federal funds are expended to carry out 

22 activities described in subparagraph (A) or (C) of 

23 paragraph (2) in excess of the amounts provided 

24 pursuant to the White Mountain Apache Tribe 

25 Rural Water System Loan Authorization Act (Public 
8 

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1 Law 110–390; 122 Stat. 4191), such expenditures 

2 shall be accounted for as White Mountain Apache 

3 Tribe Water Rights Settlement Subaccount funds.’’. 

4 (h) ENFORCEABILITY DATE EFFECTIVENESS.—Sec5 tion 309(d)(1) of the White Mountain Apache Tribe Water 

6 Rights Quantification Act of 2010 (Public Law 111–291; 

7 124 Stat. 3088; 133 Stat. 2669) is amended— 

8 (1) by redesignating subparagraphs (D) 

9 through (G) as subparagraphs (E) through (H), re10 spectively; and 

11 (2) by inserting after subparagraph (C) the fol12 lowing: 

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

14 available under section 312(e)(2), as the Sec15 retary determines to be necessary to construct 

16 the WMAT rural water system that is capable 

17 of storing, diverting, treating, transmitting, and 

18 distributing a supply of water as set forth in 

19 the final project design described in section 

20 307(c) has been deposited in the WMAT Cost 

21 Overrun Subaccount;’’. 

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

23 Mountain Apache Tribe Water Rights Quantification Act 

24 of 2010 (Public Law 111–291; 124 Stat. 3095) is amend25 ed by adding at the end the following: 
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1 ‘‘(5) PROHIBITION.—Notwithstanding any other 

2 provision of law, any amounts made available under 

3 paragraph (2)(B) shall not be made available from— 

4 ‘‘(A) the Indian Water Rights Settlement 

5 Completion Fund established by section 

6 70101(a) of the Infrastructure Investment and 

7 Jobs Act (25 U.S.C. 149(a)); or 

8 ‘‘(B) the Reclamation Water Settlements 

9 Fund established by section 10501(a) of the 

10 Omnibus Public Land Management Act of 2009 

11 (43 U.S.C. 407(a)).’’. 

12 (j) OVERSIGHT AND ACCOUNTING.—Section 312 of 

13 the White Mountain Apache Tribe Water Rights Quan14 tification Act of 2010 (Public Law 111–291; 124 Stat. 

15 3093) is amended by adding at the end the following: 

16 ‘‘(h) OVERSIGHT AND ACCOUNTING.— 

17 ‘‘(1) IN GENERAL.—Not later than 1 year after 

18 the date of enactment of this subsection and annu19 ally thereafter, the Director of the Bureau shall sub20 mit to the Committee on Indian Affairs of the Sen21 ate and the Committee on Natural Resources of the 

22 House of Representatives an annual report that de23 scribes all expenditures, during the year covered by 

24 the report, from— 
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1 ‘‘(A) the WMAT Settlement Fund estab2 lished by subsection (b)(2)(A) and the WMAT 

3 Maintenance Fund established by subsection 

4 (b)(3)(A) (referred to in this subsection as the 

5 ‘Funds’); and 

6 ‘‘(B) the WMAT Cost Overrun Subaccount 

7 established by subsection (e)(1) (referred to in 

8 this subsection as the ‘Subaccount’). 

9 ‘‘(2) INCLUSIONS.—Each report under para10 graph (1) shall include, but not be limited to: 

11 ‘‘(A) Progress and cost accounting on the 

12 planning, design and construction of the Miner 

13 Flat Dam and any additional water supply fa14 cilities resulting from expenditures from the 

15 Funds and the Subaccount. 

16 ‘‘(B) A cost accounting of the administra17 tive expenses related to activities resulting from 

18 expenditures from the Funds and the Sub19 account. 

20 ‘‘(C) A cost accounting of the environ21 mental regulatory and economic process related 

22 to activities resulting from expenditures from 

23 the Funds and the Subaccount. 

24 ‘‘(D) A projection of such costs described 

25 in subparagraphs (A), (B), and (C) for the next 
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1 fiscal year and specific goals and objectives for 

2 the next fiscal year. 

3 ‘‘(E) Whether those projections and spe4 cific goals and objectives have been met and 

5 any barriers encountered in the last fiscal 

6 year.’’. 

Passed the Senate December 19, 2022. 

Attest: 

Secretary. 
117TH CONGRESS 

2D SESSION S. 3168 

AN ACT 

To amend the White Mountain Apache Tribe Water 

other purposes. enforceability date for certain provisions, and for Rights Quantification Act of 2010 to modify the