[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.