PRIA Logo™
117-s-3168117th CongressWALLET

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.

Sponsored By: Senator Kelly, Mark [D-AZ]

Became Law

Summary

Extends deadlines and boosts funding to finish the White Mountain Apache Tribe rural water system. It aims to give the Tribe more time and money to complete construction and strengthens federal reporting on progress and costs.

Show full summary
  • Tribe and local communities: The bill moves key enforceability dates to December 30 and December 31, 2027 to allow more time to finish the project. It also clarifies when title transfers to the Tribe by defining "substantial completion" so the system can operate as designed or when all available funding has been spent despite diligent effort.
  • Federal funding and project money: It raises the WMAT cost overrun subaccount from $11 million to $541 million and authorizes depositing $78.5 million into the WMAT Settlement Fund. Settlement, maintenance, and overrun accounts will be adjusted using construction cost indices and the West Urban CPI and the law restricts using certain Treasury funds for indexed increases.
  • Oversight and accountability: The Bureau Director must submit annual reports to the Senate Committee on Indian Affairs and the House Committee on Natural Resources showing expenditures, progress on Miner Flat Dam and related facilities, administrative and regulatory costs, and next-year cost projections and barriers encountered.

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 1 costs, 0 mixed.

More money to finish WMAT water system

The law boosts funding to build the White Mountain Apache Tribe rural water system. It raises the cost overrun funding from $11 million to $541 million. It authorizes $78.5 million for the Settlement Fund. The Secretary can move money into the cost overrun account as needed, up to the amount allowed under section 312(e)(2). It also indexes several WMAT funds for construction costs since October 1, 2007; the maintenance fund uses the CPI for West Urban 50,000 to 1,500,000; and the cost-overrun base $35 million is indexed from October 1, 2007, with amounts above that from April 1, 2021. After the enforceability date, index-driven increases need appropriations and cannot come from Treasury funds not otherwise appropriated.

WMAT project deadline extended to 2027

The law extends key dates to late 2027. The April 30, 2023 enforceability date becomes December 30, 2027. The May 1, 2023 date becomes December 31, 2027, and related loan provisions begin on December 31, 2027. It defines “substantial completion” and ties transfer of title to the Secretary’s decision. The system is substantially complete when it can perform as designed, or when all available funds are spent and work cannot finish only because more authorized money is not available.

Stronger oversight of WMAT spending

The Bureau of Reclamation must report every year on WMAT spending. Reports start within one year of enactment. Each report lists all spending from the settlement, maintenance, and cost overrun accounts, progress and costs for the Miner Flat Dam, next-year cost goals, and any barriers. Also, federal spending before the enforceability date that exceeds the loan amount is counted as Settlement Subaccount funds.

Limits on WMAT funding sources

The law limits which federal funds can be used. Money under paragraph (2)(B) cannot come from the Indian Water Rights Settlement Completion Fund or the Reclamation Water Settlements Fund. It also requires certain amounts to be returned to the Treasury general fund.

Sponsors & CoSponsors

Sponsor

Kelly, Mark [D-AZ]

AZ • D

Cosponsors

  • Rep. Sinema, Kyrsten [D-AZ-9]

    AZ • D

    Sponsored 11/4/2021

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
Back to Legislation