[Congressional Record Volume 168, Number 197 (Monday, December 19, 2022)]
[Senate]
[Pages S7291-S7292]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AMENDING THE WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS QUANTIFICATION
ACT OF 2010
Mr. SCHATZ. Madam President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 683, S. 3168.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (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.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Indian Affairs, with an
amendment to strike all after the enacting clause and insert in lieu
thereof the following:
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
[[Page S7292]]
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;''.
Mr. SCHATZ. I ask unanimous consent that the committee-reported
substitute amendment be withdrawn; the Schatz substitute amendment at
the desk be agreed to; the bill, as amended be considered read a third
time and passed; and the motion to reconsider be considered made and
laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment in the nature of a substitute was
withdrawn.
The amendment (No. 6546) in the nature of a substitute was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The bill (S. 3168), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
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