[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3168 Reported in Senate (RS)]
<DOC>
Calendar No. 683
117th CONGRESS
2d Session
S. 3168
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.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. WHITE MOUNTAIN APACHE TRIBE RURAL WATER
SYSTEM.</DELETED>
<DELETED> (a) Enforceability Date.--</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (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''.</DELETED>
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.''.
(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;''.
Calendar No. 683
117th CONGRESS
2d Session
S. 3168
_______________________________________________________________________
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.
_______________________________________________________________________
December 19, 2022
Reported with an amendment