[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
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(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.
____________________