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: full_name: Sen. Kelly, Mark [D-AZ]
Introduced: 2021-11-04
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
Latest action: action_date: 2023-01-05
text: Became Public Law No: 117-342.

Summaries:
action_date: 2021-11-04
action_desc: Introduced in Senate
text: <p>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).</p>

action_date: 2022-12-19
action_desc: Passed Senate
text: <p>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.)</p> <p>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).</p> <p>The bill makes changes to cost indexing for the funds and subaccounts established under the quantification act, including by allowing adjustments for construction costs.</p> <p>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. </p> <p>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.</p>

action_date: 2022-12-21
action_desc: Passed House
text: <p>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.)</p> <p>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).</p> <p>The bill makes changes to cost indexing for the funds and subaccounts established under the quantification act, including by allowing adjustments for construction costs.</p> <p>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. </p> <p>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.</p>

action_date: 2023-01-05
action_desc: Public Law
text: <p>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.)</p> <p>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).</p> <p>The act makes changes to cost indexing for the funds and subaccounts established under the quantification act, including by allowing adjustments for construction costs.</p> <p>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. </p> <p>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.</p>

tv_txt: II 117th CONGRESS 1st Session S. 3168 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 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. 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 ; 124 Stat. 3088; 133 Stat. 2669) is amended by striking 2023 each place it appears and inserting 2025 . (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; 133 Stat. 2669) is amended by striking beginning on and all that follows through the period at the end and inserting 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 ; 124 Stat. 3095) is amended by striking $11,000,000 and inserting $261,000,000 .

tv_txt: One Hundred Seventeenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Monday, the third day of January, two thousand and twenty two S. 3168 IN THE SENATE OF THE UNITED STATES 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. 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 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) 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 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 (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 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) 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. .

Speaker of the House of Representatives Vice President of the United States and President of the Senate

tv_txt: II Calendar No. 683 117th CONGRESS 2d Session S. 3168 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. 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 ; 124 Stat. 3088; 133 Stat. 2669) is amended by striking 2023 each place it appears and inserting 2025 . (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; 133 Stat. 2669) is amended by striking beginning on and all that follows through the period at the end and inserting 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 ; 124 Stat. 3095) is amended by striking $11,000,000 and inserting $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 ; 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 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 ; 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) 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 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; .

December 19, 2022 Reported with an amendment

tv_txt: 117th CONGRESS 2d Session S. 3168 IN THE SENATE OF THE UNITED STATES 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. 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 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) 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 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 (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 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) 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. .

Passed the Senate December 19, 2022. Secretary