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.

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. White Mountain Apache Tribe rural water system (a) 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 2023 2025 (2) Conforming amendment Section 3(b)(2) of the White Mountain Apache Tribe Rural Water System Loan Authorization Act ( Public Law 110–390 beginning on beginning on May 1, 2025. (b) Funding Section 312(e)(2)(B) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 ( Public Law 111–291 $11,000,000 $261,000,000 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 (A) in the matter preceding subparagraph (A), by striking April 30, 2023 December 30, 2027 (B) in subparagraph (A), by striking May 1, 2023 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 beginning on 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 All amounts made available under (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 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. . (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 $11,000,000 $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 shall be— 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 (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 water system— 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 (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 (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 . (h) Enforceability date effectiveness Section 309(d)(1) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 ( Public Law 111–291 (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; . December 19, 2022 Reported with an amendment

Summary: This act revises the White Mountain Apache Tribe Water Rights Quantification Act of 2010, including by extending certain deadlines and establishing reporting requirements. (The quantification act approved the White Mountain Apache Tribe Water Rights Quantification Agreement, settling the tribe's water rights in Arizona. It authorized the design and construction of a rural water system to address the water infrastructure needs on the tribe's reservation.) Specifically, the act extends the enforceability deadline, from 2023 to 2027, for the Department of the Interior to publish a statement of findings required by the quantification act. In particular, the act repeals the settlement agreement on December 31, 2027, if Interior does not publish by December 30, 2027, a statement of findings that specified conditions have been fulfilled (including that funds necessary to construct the rural water system have been deposited into a specified subaccount). The act makes changes to cost indexing for the funds and subaccounts established under the quantification act, including by allowing adjustments for construction costs. The act also requires annual reports to Congress describing all expenditures and including additional information, such as progress and cost accounting on the planning, design, and construction of the Miner Flat Dam and any additional water supply facilities resulting from expenditures. Finally, the act establishes requirements for determining whether the rural water system is substantially complete. In particular, the rural water system shall be determined to be substantially complete if (1) the infrastructure is capable of storing, diverting, treating, transmitting, and distributing a supply of water as set forth in the final project design; or (2) Interior has expended all available funding and cannot complete construction due solely to the lack of additional authorized funding.