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: 117-s-3168
Sponsor: Sen. Kelly, Mark [D-AZ]
Introduced: 2021-11-04 in the Senate
Policy area: Native Americans
Subjects: Arizona
Congressional oversight
Government trust funds
Indian claims
Indian lands and resources rights
Lakes and rivers
Water resources funding
Water use and supply

Summary:
action_date: 2021-11-04
text: 
This bill extends the deadline, from 2023 to 2025, for the Department of the Interior to publish a statement of findings required by the White Mountain Apache Tribe Water Rights Quantification Act of 2010. In particular, the bill repeals the settlement agreement on May 1, 2025, if Interior does not publish by April 30, 2025, a statement of findings that specified conditions have been fulfilled (including that Interior has entered into appropriate contracts for water rights).

action_date: 2022-12-19
text: 
This bill 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 bill 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 bill 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 bill makes changes to cost indexing for the funds and subaccounts established under the quantification act, including by allowing adjustments for construction costs.
 
The bill 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 bill 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.

action_date: 2022-12-21
text: 
This bill 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 bill 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 bill 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 bill makes changes to cost indexing for the funds and subaccounts established under the quantification act, including by allowing adjustments for construction costs.
 
The bill 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 bill 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.

action_date: 2023-01-05
text: 
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.


Legislative actions:
action_date: 2023-01-05
text: Became Public Law No: 117-342.
action_date: 2023-01-05
text: Became Public Law No: 117-342.
action_date: 2023-01-05
text: Signed by President.
action_date: 2023-01-05
text: Signed by President.
action_date: 2022-12-28
text: Presented to President.
action_date: 2022-12-28
text: Presented to President.
action_date: 2022-12-21
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2022-12-21
text: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 378 - 33 (Roll no. 537). (text: CR H9937-9938)
action_date: 2022-12-21
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 378 - 33 (Roll no. 537).
action_date: 2022-12-21
text: Considered as unfinished business. (consideration: CR H9979-9980)
action_date: 2022-12-21
text: By Senator Schatz from Committee on Indian Affairs filed written report. Report No. 117-285.
action_date: 2022-12-21
text: By Senator Schatz from Committee on Indian Affairs filed written report. Report No. 117-285.
action_date: 2022-12-21
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2022-12-21
text: DEBATE - The House proceeded with forty minutes of debate on S. 3168.
action_date: 2022-12-21
text: Considered under suspension of the rules. (consideration: CR H9937-9939)
action_date: 2022-12-21
text: Mrs. Peltola moved to suspend the rules and pass the bill.
action_date: 2022-12-21
text: Held at the desk.
action_date: 2022-12-21
text: Received in the House.
action_date: 2022-12-20
text: Message on Senate action sent to the House.
action_date: 2022-12-19
text: Passed Senate with an amendment by Unanimous Consent. (text of amendment in the nature of a substitute: CR S7314-7315)
action_date: 2022-12-19
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
action_date: 2022-12-19
text: The committee substitute withdrawn by Unanimous Consent. (CR S7292)
action_date: 2022-12-19
text: Measure laid before Senate by unanimous consent. (consideration: CR S7291-7292)
action_date: 2022-12-19
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 683.
action_date: 2022-12-19
text: Committee on Indian Affairs. Reported by Senator Schatz with an amendment in the nature of a substitute. Without written report.
action_date: 2022-12-19
text: Committee on Indian Affairs. Reported by Senator Schatz with an amendment in the nature of a substitute. Without written report.
action_date: 2022-11-16
text: Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2022-03-23
text: Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 117-360.
action_date: 2021-11-04
text: Read twice and referred to the Committee on Indian Affairs.
action_date: 2021-11-04
text: Introduced in Senate

Enacted as: number: 117-342