[Senate Report 115-7]
[From the U.S. Government Publishing Office]
Calendar No. 20
115th Congress } { Report
SENATE
1st Session } { 115-7
======================================================================
TO AMENDING THE WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS QUANTIFICATION
ACT OF 2010 TO CLARIFY THE USE OF AMOUNTS IN THE WMAT SETTLEMENT FUND
_______
March 21, 2017.--Ordered to be printed
_______
Mr. Hoeven, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 140]
[Including cost estimate of the Congressional Budget Office]
The Committee on Indian Affairs, to which was referred the
bill (S. 140) to amend the White Mountain Apache Tribe Water
Rights Quantification Act of 2010 to clarify the use of amounts
in the WMAT Settlement Fund, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
Purpose
The purpose of the bill is to clarify the authorized
purposes of the White Mountain Apache Tribe (WMAT or Tribe)
Settlement Fund authorized in Title III of the Claims
Resolution Act, Public Law 111-291 (the ``Act'').
Background
Title III of the Act resolved the White Mountain Apache
Tribe's water related claims against the United States, the
State of Arizona, and certain state parties. In consideration
for the Tribe waiving its water related claims against the
federal government and state parties, the Act authorized
funding for the construction of the White Mountain Apache Rural
Water System (the ``Rural Water System''), which will bring
desperately needed drinking water to the Tribe and its members.
The Act also establishes the creation of the WMAT Settlement
Fund that can be used, for among other things, ``water-related
economic development projects''.
In order to complete the Rural Water System, it may be
necessary for the Tribe to use the existing authorization
provided for in Section 312(b) for water-related economic
development projects. Since the Rural Water System will serve a
number of water-related economic activities from housing to
hydropower, it falls within the authorized uses provided for in
Section 312(b)(2)(C)(i)(III). Notwithstanding the flexibility
in current law, the Department of the Interior has indicated,
from its perspective, it is unclear whether the Settlement Fund
can be used for the Rural Water System.
Need for the Legislation
A technical amendment is necessary to clarify that
authorization authority exists in Section 312(b) for the costs
associated with completion of the WMAT Rural Water System--as
long as it falls within the existing authorization level.
If this issue is not resolved, the completion of the Rural
Water System project will be threatened, thereby increasing the
ultimate cost to the United States and delaying delivery of
desperately needed drinking water to the White Mountain Apache
Tribe and its members.
Legislative History
The measure, S. 140, was introduced on January 12, 2017, by
Senator Jeff Flake, with Senator John McCain as an original co-
sponsor. The bill was referred to the Committee on Indian
Affairs. On February 8, 2017, the Committee met at a business
meeting to consider the bill, and ordered that the bill,
without amendment, be reported favorably to the Senate.
In the 114th Congress, similar legislation was introduced,
S. 2959, on May 19, 2016, by Senator McCain, with Senator Flake
as an original co-sponsor. The bill was referred to the
Committee on Indian Affairs. This Committee held a hearing on
the bill on June 29, 2016. On September 7, 2016, the Committee
met at a business meeting to consider the bill, and ordered
that the bill, as amended, be reported favorably to the Senate.
This amendment clarified that the planning, design, and
construction of the Rural Water System were authorized uses of
the WMAT Settlement Fund.
On September 29, 2016, the Senate passed S. 2959 by
unanimous consent. The Senate-passed bill contained an
additional technical amendment which struck an unnecessary
cross-reference to the cost-overrun account in section
312(e)(4) of the White Mountain Apache Tribe Water Rights
Quantification Act of 2010. The bill was received by the House
of Representatives and referred to the Committee on Natural
Resources, Subcommittee on Water, Power, and Oceans of the
House of Representatives. No further action was taken on the
bill.
The House companion bill in the 114th Congress was H.R.
5433, introduced on June 9, 2016, by Representative Kirkpatrick
and cosponsored by Representative Gosar. The House bill, H.R.
5433, was referred to the House Committee on Natural Resources.
The House took no further action on this bill.
Section-by-Section Analysis for S. 140
Section 1 clarifies that the Tribe may use amounts in the
WMAT Settlement Fund authorized in section 312(b) for the
planning, design, and construction of the Rural Water System.
Cost and Budgetary Considerations
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 140, a bill to amend
the White Mountain Apache Tribe Water Rights Quantification Act
of 2010 to clarify the use of amounts in the WMAT Settlement
Fund.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Keith Hall.
Enclosure.
S. 140 would amend the White Mountain Apache Tribe Water
Rights Quantification Act of 2010 to clarify that the White
Mountain Apache Tribe (WMAT) is authorized to use amounts from
the WMAT settlement fund, as established by that act, to plan,
design, and construct a rural water system. Under current law,
almost $79 million is authorized to be appropriated to that
settlement fund. S. 140 would expand the uses of the fund but
would not authorize the appropriation of any additional
funding. As of February 2017, no funds have been appropriated
to the settlement fund.
CBO estimates that implementing S. 140 would not affect the
federal budget. Enacting the bill would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply.
CBO estimates that enacting S. 140 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
S. 140 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act. The
White Mountain Apache Tribe would benefit from authorizations
in the bill to use existing settlement funds for planning,
design, and construction of a rural water system. Any costs to
the tribe would result from complying with conditions of
assistance.
Executive Communications
The Committee has received no communication from the
Executive Branch regarding S. 140.
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. 140 will
have a minimal impact on regulatory or paperwork requirements.
Changes in Existing Law
In accordance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 140, as ordered reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic):
SEC. 307. AUTHORIZATION OF WMAT RURAL WATER SYSTEM.
(a) In General.--Consistent with subsections (a), (b)(2)
and (e) of section 312 and subsection (h) of this section, the
Secretary, acting through the Bureau, shall plan, design, and
construct the WMAT rural water system to divert, store, and
distribute water from the North Fork of the White River to the
Tribe that shall consist of--
* * * * * * *
SEC. 312. FUNDING.
* * * * * * *
(b) WMAT Settlement and Maintenance Funds.--
* * * * * * *
(2) WMAT settlement fund.--
(A) Establishment.--There is established in
the Treasury of the United States a fund to be
known as the ``WMAT Settlement Fund'', to be
administered by the Secretary, consisting of
the amounts deposited in the fund under
subparagraph (B), together with any interest
accrued on those amounts, for use by the Tribe
in accordance with subparagraph (C).
* * * * * * *
(C) Use of funds.--
(i) In general.--The Tribe shall use
amounts in the WMAT Settlement Fund for
any of the following purposes:
(I) Fish production,
including hatcheries.
(II) Rehabilitation of
recreational lakes and existing
irrigation systems.
(III) Water-related economic
development projects, including
the planning, design, and
construction of the WMAT rural
water system, in accordance
with section 307(a).
(IV) Protection, restoration,
and economic development of
forest and watershed health.
[all]