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.
Bill: S.3168 | Sponsor: Sen. Kelly, Mark (D-AZ)
Policy area: Native Americans

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.

[117th Congress Public Law 342]
[From the U.S. Government Publishing Office]



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Public Law 117-342
117th Congress

                                 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. <<NOTE: Jan. 5, 2023 -  [S. 3168]>> 

    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) <<NOTE: Appropriation authorization.>>  
                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 <<NOTE: Reports.>>  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) <<NOTE: Costs.>>  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.''.

    Approved January 5, 2023.

LEGISLATIVE HISTORY--S. 3168:
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SENATE REPORTS: No. 117-285 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 168 (2022):
            Dec. 19, considered and passed Senate.
            Dec. 21, considered and passed House.

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