S. 3168 — Reported in Senate

II Calendar No. 683 117th CONGRESS 2d Session S. 3168 IN THE SENATE OF THE UNITED STATES November 4, 2021Mr. Kelly (for himself and Ms. Sinema) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs December 19, 2022Reported by Mr. Schatz, with an amendmentStrike out all after the enacting clause and insert the part printed in italic A BILL 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. 1. White Mountain Apache Tribe rural water system (a) 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 by striking 2023 each place it appears and inserting 2025. (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; 133 Stat. 2669) is amended by striking beginning on and all that follows through the period at the end and inserting beginning on May 1, 2025.. (b) Funding 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 $261,000,000. 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 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; . December 19, 2022Reported with an amendment