[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3168 Enrolled Bill (ENR)]
S.3168
One Hundred Seventeenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty two
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.
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 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.