[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3168 Engrossed in Senate (ES)]
<DOC>
117th CONGRESS
2d Session
S. 3168
_______________________________________________________________________
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.''.
Passed the Senate December 19, 2022.
Attest:
Secretary.
117th CONGRESS
2d Session
S. 3168
_______________________________________________________________________
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.