[Senate Report 117-285]
[From the U.S. Government Publishing Office]


117th Congress      }                           {         Report
                                SENATE
 2d Session         }                           {         117-285

======================================================================


 
 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 21, 2022.--Ordered to be printed

                                _______
                                

           Mr. Schatz, from the Committee on Indian Affairs, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 3168]

    The Committee on Indian Affairs, to which was referred 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, having 
considered the same, reports favorably thereon with an 
amendment, in the nature of a substitute, and recommends that 
the bill, as amended, do pass.

                                PURPOSE

    S. 3168 would amend the White Mountain Apache Tribe (WMAT) 
Water Rights Quantification Act of 2010\1\ to modify the 
enforceability date for certain provisions of the settlement 
and adjust the costs for the construction of the Tribe's rural 
water system.
---------------------------------------------------------------------------
    \1\Pub. L. No. 111-291, 124 Stat. 3073.
---------------------------------------------------------------------------

                               BACKGROUND

    In 2010, Congress passed the White Mountain Apache Tribe 
Water Rights Quantification Act. Among other things, the Act 
authorized federal funding for the construction of the White 
Mountain Apache Rural Water System (RWS Project). The RWS 
Project includes construction and operation of a dam, storage 
reservoir, pumping plant, treatment facilities, and 
distribution system to provide a secure, safe, and dependable 
water supply for the Tribe and its members.

                          NEED FOR LEGISLATION

    Since passage of the Act, unanticipated technical and 
engineering issues have created cost overruns and project 
delays, requiring two previous amendments to the Act. The first 
amendment clarified that water settlement funds can be used for 
planning, design and construction of the RWS Project.\2\ The 
second amendment extended the enforceability date of the Act 
from 2021 to 2023, which was intended to provide the Secretary 
of the Interior with sufficient time to meet their statutory 
obligations.\3\
---------------------------------------------------------------------------
    \2\Pub. L. No. 115-227.
    \3\Pub. L. No. 116-94, 133 Stat. 2534.
---------------------------------------------------------------------------

                          SUMMARY OF THE BILL

    S. 3168 amends the White Mountain Apache Tribe Water Rights 
Settlement Act of 2010 to extend, from 2023 to 2027, the 
deadline for the Department of the Interior to publish a 
statement of findings in the Federal Register in order to 
ensure the Act remains enforceable; make conforming amendments 
to the White Mountain Apache Tribe Rural Water System Loan 
Authorization Act; and increase the authorization of 
appropriations for the RWS Project's cost overrun account from 
$11,000,000 to $541,000,000.

                          LEGISLATIVE HISTORY

    Senators Kelly and Sinema introduced S. 3168 on November 4, 
2021. On March 23, 2022, the Committee held a legislative 
hearing on the bill. The Committee on Indian Affairs held a 
hearing on S. 3168 on March 23, 2022. The Committee met in an 
open business session on November 16, 2022, and ordered S. 3168 
favorably reported, as amended.
    Representative O'Halleran (D-AZ) introduced an identical 
companion bill, H.R. 5880, in the House of Representatives on 
November 4, 2021. On the same day, the House of Representatives 
referred the bill to the Committee on Natural Resources. The 
Subcommittee on Water, Oceans, and Wildlife held a hearing on 
H.R. 5880 on May 12, 2022.

                          COMMITTEE AMENDMENT

    During its consideration of S. 3168, the Committee adopted 
an amendment in the nature of a substitute to extend the 
enforceability date for the settlement from 2023 to 2027 and to 
increase the cost overruns account authorization of 
appropriations from $11 million to $541 million. The amendment 
is further described in the Section-by-Section analysis.

                      SECTION-BY-SECTION ANALYSIS

Section 1--Extension of Enforceability Date

    Section 1(a) extends the White Mountain Apache Tribe Water 
Rights Quantification Act of 2010 enforceability date by four 
years, from 2023 to 2027, and makes conforming edits to the 
White Mountain Apache Tribe Rural Water System Loan 
Authorization Act.
    Section 1(b) provides for cost adjustments within the WMAT 
Water Rights Settlement Subaccount, WMAT Settlement Fund, WMAT 
Maintenance Fund, WMAT Cost Overrun Subaccount, and for 
construction costs.
    Section 1(c) increases the authorization of appropriations 
from $11,000,000 to $541,000,000.
    Section 1(d) provides that unobligated amounts within the 
Cost overrun Subaccount shall be transferred to the WMAT on the 
date on which title to the WMAT rural water system is conveyed 
to the Tribe, and authorizes appropriations of $78,500,000 for 
deposit into the WMAT Settlement Fund.
    Section 1(e) incorporates by reference a new subsection 
regarding substantial completion of the WMAT rural water 
system.
    Section 1(f) establishes alternate conditions precedent for 
determining if the WMAT rural water system is substantially 
complete.
    Section 1(g) clarifies conditions for deducting amounts 
from the WMAT Water Rights Settlement Subaccount based on 
expenditure of federal funds.
    Section 1(h) directs the Secretary to include confirmation 
in their required Statement of Findings that certain funds have 
been deposited into the WMAT Cost Overrun Subaccount.

                   COST AND BUDGETARY CONSIDERATIONS

    The Congressional Budget Office estimate of the costs of S. 
3168, as ordered reported, has been requested but was not 
received at the time the report was filed. When the 
Congressional Budget Office completes its cost estimate, it 
will be posted on the Internet at www.cbo.gov.

               REGULATORY AND PAPERWORK IMPACT STATEMENT

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires each report accompanying a bill to evaluate the 
regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee believes that S. 3168 will 
have minimal impact on regulatory or paperwork requirements.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding S. 3168.

                        CHANGES IN EXISTING LAW

    On February 11, 2021 the Committee unanimously approved a 
motion to waive subsection 12 of rule XXVI of the Standing 
Rules of the Senate. In the opinion of the Committee, it is 
necessary to dispense with subsection 12 of rule XXVI of the 
Standing Rules of the Senate to expedite the business of the 
Senate.

                                  [all]