[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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