[Congressional Record Volume 168, Number 199 (Wednesday, December 21, 2022)]
[House]
[Pages H9937-H9939]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             WHITE MOUNTAIN APACHE TRIBE RURAL WATER SYSTEM

  Mrs. PELTOLA. Mr. Speaker, I move to suspend the rules and pass the 
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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 3168

       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

[[Page H9938]]

     (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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Alaska (Mrs. Peltola) and the gentleman from Arkansas (Mr. Westerman) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from Alaska.


                             General Leave

  Mrs. PELTOLA. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the measure under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Alaska?
  There was no objection.
  Mrs. PELTOLA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of S. 3168 to amend the White Mountain 
Apache Tribe water rights settlement introduced by Senator Kelly of 
Arizona. Representative O'Halleran of Arizona has the House companion 
to this legislation.
  This bill will amend the White Mountain Apache Tribe's existing water 
rights settlement to extend certain deadlines and to increase the 
authorization to construct the Tribe's rural water system.
  The rural water system was originally authorized by Congress in 2010 
as part of the Tribe's water rights settlement to provide a long-term 
water supply solution for the Tribe.
  This bill will accommodate unanticipated but necessary design changes 
to the Tribe's planned water system.
  Mr. Speaker, I urge my colleagues to vote ``yes'' on this bill, and I 
reserve the balance of my time.
  Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in qualified support of S. 3168. I agree with the 
goals of this bill, which are to build a water storage project and 
provide a Tribe a

[[Page H9939]]

mechanism to develop its legal water rights.
  The White Mountain Apache Tribe Water Rights Quantification Act of 
2010 intended to meet those stated goals. However, the legislation 
before us today is now the third time that Congress has needed to 
revisit that 2010 law.
  It is not surprising because when Congress considered the underlying 
law that this bill amends, the Obama administration testified it had 
concerns with the legislation.
  Then-Bureau of Reclamation Commissioner Michael Connor stated that 
his agency ``determined the Tribe's cost estimate . . . is not 
sufficiently detailed or comprehensive to provide the necessary 
assurance that the project can be constructed for that amount of 
money.''
  The Democrat majority at the time ignored the warnings of the Obama 
administration. As a result, the cost of the dam that would help 
deliver water to the reservation has ballooned.
  Fast forward 12 years later, and here we are with this settlement in 
serious jeopardy due to unworkable timelines. Now we are rushing to fix 
mistakes that could have been avoided in 2010.
  This bill would extend the settlement's enforceability deadline from 
April 2023 to December of 2027. It would also authorize additional 
discretionary spending for the construction of the 8,600-acre-feet 
water storage dam that the United States Government promised to deliver 
in the settlement.
  To guarantee that we are not reopening this settlement yet again, 
this bill includes language that deems the settlement complete once the 
funds are expended. It would also require that any unspent funds be 
returned to the U.S. Treasury.
  In addition, at my request, the bill would require annual reports to 
Congress detailing implementation progress and cost accounting for the 
settlement.
  Lastly, the bill before us today does not include new mandatory 
spending, a positive change from previous versions of the legislation.
  Unfortunately, when this bill was heard at the Water, Oceans, and 
Wildlife Subcommittee, the Biden administration did not make a witness 
available to answer any questions about the legislation at that 
hearing. To make matters worse, it was never marked up in the Natural 
Resources Committee.
  Not only should this bill have gone through regular order, but we 
need to look at improving the congressional process for considering 
Indian water rights settlements. That starts with more transparency 
about what is being proposed.
  For example, if Congress authorizes taxpayer funds, the 
administration needs to explain why the settlement represents a net 
benefit to the taxpayer, and a witness from the administration needs to 
be able to explain the rationale for the administration's conclusions. 
There needs to be regular order, not a rush to consider a bill by both 
Chambers in the ending days of Congress.
  Despite my reservations about this bill's process--or lack thereof--I 
join my colleagues from Arizona to bring finality to this issue for the 
White Mount Apache Tribe and the non-Indian water users who depend on 
concluding this settlement once and for all.
  Mr. Speaker, I urge adoption of the bill, and I yield back the 
balance of my time.
  Mrs. PELTOLA. Mr. Speaker, I urge my colleagues to support this 
legislation, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Alaska (Mrs. Peltola) that the House suspend the rules 
and pass the bill, S. 3168.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. ROSENDALE. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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