II 

Calendar No. 683 

117TH CONGRESS 

2D SESSION S. 3168 

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. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 4, 2021 

Mr. KELLY (for himself and Ms. SINEMA) introduced the following bill; which 

was read twice and referred to the Committee on Indian Affairs 

DECEMBER 19, 2022 

Reported by Mr. SCHATZ, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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, 

3 SECTION 1. WHITE MOUNTAIN APACHE TRIBE RURAL 

4 WATER SYSTEM. 

5 (a) ENFORCEABILITY DATE.— 


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

2 White Mountain Apache Tribe Water Rights Quan3 tification Act of 2010 (Public Law 111–291; 124 

4 Stat. 3088; 133 Stat. 2669) is amended by striking 

5 ‘‘2023’’ each place it appears and inserting ‘‘2025’’. 

6 (2) CONFORMING AMENDMENT.—Section 

7 3(b)(2) of the White Mountain Apache Tribe Rural 

8 Water System Loan Authorization Act (Public Law 

9 110–390; 122 Stat. 4191; 124 Stat. 3092; 133 Stat. 

10 2669) is amended by striking ‘‘beginning on’’ and all 

11 that follows through the period at the end and in12 serting ‘‘beginning on May 1, 2025.’’. 

13 (b) FUNDING.—Section 312(e)(2)(B) of the White 

14 Mountain Apache Tribe Water Rights Quantification Act 

15 of 2010 (Public Law 111–291; 124 Stat. 3095) is amend16 ed by striking ‘‘$11,000,000’’ and inserting 

17 ‘‘$261,000,000’’. 

18 SECTION 1. WHITE MOUNTAIN APACHE TRIBE RURAL 

19 WATER SYSTEM. 

20 (a) EXTENSION OF ENFORCEABILITY DATE.— 

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

22 Mountain Apache Tribe Water Rights Quantification 

23 Act of 2010 (Public Law 111–291; 124 Stat. 3088; 

24 133 Stat. 2669) is amended— 


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1 (A) in the matter preceding subparagraph 

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

3 ‘‘December 30, 2027’’; and 

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

5 1, 2023’’ and inserting ‘‘December 31, 2027’’. 

6 (2) CONFORMING AMENDMENT.—Section 3(b)(2) 

7 of the White Mountain Apache Tribe Rural Water 

8 System Loan Authorization Act (Public Law 110– 

9 390; 122 Stat. 4191; 124 Stat. 3092) is amended by 

10 striking ‘‘beginning on’’ and all that follows through 

11 the period at the end and inserting ‘‘beginning on De12 cember 31, 2027.’’. 

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

14 Mountain Apache Tribe Water Rights Quantification Act 

15 of 2010 (Public Law 111–291; 124 Stat. 3095) is amended 

16 by striking ‘‘All amounts made available under’’ and all 

17 that follows through the period at the end and inserting 

18 the following: 

19 ‘‘(1) WHITE MOUNTAIN APACHE TRIBE WATER

20 RIGHTS SETTLEMENT SUBACCOUNT.—All amounts 

21 made available under subsection (a) shall be adjusted 

22 as necessary to reflect the changes since October 1, 

23 2007, in the construction cost indices applicable to 

24 the types of construction involved in the construction 


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1 of the WMAT rural water system and the mainte2 nance of the WMAT rural water system. 

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

4 made available under subsection (b)(2) shall be ad5 justed annually to reflect the changes since October 1, 

6 2007, in the construction cost indices applicable to 

7 the types of construction involved in the construction 

8 of the WMAT rural water system and the mainte9 nance of the WMAT rural water system. 

10 ‘‘(3) WMAT MAINTENANCE FUND.—All amounts 

11 made available under subsection (b)(3) shall be ad12 justed on deposit to reflect changes since October 1, 

13 2007, in the Consumer Price Index for All Urban 

14 Consumers West Urban 50,000 to 1,500,000 published 

15 by the Bureau of Labor Statistics. 

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

17 the amounts made available under subsection (e)(2)— 

18 ‘‘(A) $35,000,000 shall be adjusted as nec19 essary to reflect the changes since October 1, 

20 2007, in the construction cost indices applicable 

21 to the types of construction involved in the con22 struction of the WMAT rural water system and 

23 the maintenance of the WMAT rural water sys24 tem; and 


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

2 amount referred to in subparagraph (A), shall be 

3 adjusted as necessary to reflect the changes since 

4 April 1, 2021, in the construction cost indices 

5 applicable to the types of construction involved 

6 in the construction of the WMAT rural water 

7 system and the maintenance of the WMAT rural 

8 water system. 

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

10 amounts made available under subsections (a), (b)(2), 

11 and (e)(2) shall be adjusted to address construction 

12 cost changes necessary to account for unforeseen mar13 ket volatility that may not otherwise be captured by 

14 engineering cost indices, as determined by the Sec15 retary, including repricing applicable to the types of 

16 construction and current industry standards in17 volved.’’. 

18 (c) FUNDING FOR WMAT COST OVERRUN SUB19 ACCOUNT.—Section 312(e)(2)(B) of the White Mountain 

20 Apache Tribe Water Rights Quantification Act of 2010 

21 (Public Law 111–291; 124 Stat. 3095) is amended by strik22 ing ‘‘$11,000,000’’ and inserting ‘‘$541,000,000’’. 

23 (d) RETURN TO TREASURY.— 

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

25 White Mountain Apache Tribe Water Rights QuanVerDate Sep 11 2014 07:21 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S3168.RS S3168

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1 tification Act of 2010 (Public Law 111–291; 124 

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

3 clause (i), by striking ‘‘shall be—’’ and all that fol4 lows through the period at the end of clause (ii) and 

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

6 Treasury.’’. 

7 (2) CONFORMING AMENDMENT.—Section 

8 312(b)(2) of the White Mountain Apache Tribe Water 

9 Rights Quantification Act of 2010 (Public Law 111– 

10 291; 124 Stat. 3093; 132 Stat. 1626) is amended by 

11 striking subparagraph (B) and inserting the fol12 lowing: 

13 ‘‘(B) TRANSFERS TO FUND.—There is au14 thorized to be appropriated to the Secretary for 

15 deposit in the WMAT Settlement Fund 

16 $78,500,000.’’. 

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

18 307(d)(2)(E) of the White Mountain Apache Tribe Water 

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

20 124 Stat. 3082; 132 Stat. 1626) is amended, in the matter 

21 preceding clause (i), by striking ‘‘water system—’’ and all 

22 that follows through the period at the end of clause (ii)(II) 

23 and inserting ‘‘water system is substantially complete, as 

24 determined by the Secretary in accordance with subsection 

25 (k).’’. 


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1 (f) REQUIREMENTS FOR DETERMINATION OF SUB2 STANTIAL COMPLETION OF THE WMAT RURAL WATER

3 SYSTEM.—Section 307 of the White Mountain Apache Tribe 

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

5 291; 124 Stat. 3080; 132 Stat. 1626) is amended by adding 

6 at the end the following: 

7 ‘‘(k) REQUIREMENTS FOR DETERMINATION OF SUB8 STANTIAL COMPLETION OF THE WMAT RURAL WATER

9 SYSTEM.—The WMAT rural water system shall be deter10 mined to be substantially complete if— 

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

12 storing, diverting, treating, transmitting, and distrib13 uting a supply of water as set forth in the final 

14 project design described in subsection (c); or 

15 ‘‘(2) the Secretary— 

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

17 provided to construct the WMAT rural water 

18 system; and 

19 ‘‘(B) despite diligent efforts, cannot com20 plete construction as described in the final 

21 project design described in subsection (c) due 

22 solely to the lack of additional authorized fund23 ing.’’. 

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

25 Mountain Apache Tribe Water Rights Quantification Act 


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1 of 2010 (Public Law 111–291; 124 Stat. 3090) is amended 

2 by adding at the end the following: 

3 ‘‘(3) EXPENDITURES.—If, before the enforce4 ability date, Federal funds are expended to carry out 

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

6 paragraph (2) in excess of the amounts provided pur7 suant to the White Mountain Apache Tribe Rural 

8 Water System Loan Authorization Act (Public Law 

9 110–390; 122 Stat. 4191), such expenditures shall be 

10 accounted for as White Mountain Apache Tribe Water 

11 Rights Settlement Subaccount funds.’’. 

12 (h) ENFORCEABILITY DATE EFFECTIVENESS.—Section 

13 309(d)(1) of the White Mountain Apache Tribe Water 

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

15 124 Stat. 3088; 133 Stat. 2669) is amended— 

16 (1) by redesignating subparagraphs (D) through 

17 (G) as subparagraphs (E) through (H), respectively; 

18 and 

19 (2) by inserting after subparagraph (C) the fol20 lowing: 

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

22 available under section 312(e)(2), as the Sec23 retary determines to be necessary to construct the 

24 WMAT rural water system that is capable of 

25 storing, diverting, treating, transmitting, and 


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1 distributing a supply of water as set forth in the 

2 final project design described in section 307(c) 

3 has been deposited in the WMAT Cost Overrun 

4 Subaccount;’’. 


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Calendar No. 683 

117TH CONGRESS 

2D SESSION S. 3168 

A BILL 

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 

DECEMBER 19, 2022 

Reported with an amendment 


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