[Senate Report 114-363]
[From the U.S. Government Publishing Office]
Calendar No. 651
114th Congress } { Report
SENATE
2d Session } { 114-363
======================================================================
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
_______
September 27, 2016.--Ordered to be printed
_______
Mr. Barrasso, from the Committee on Indian Affairs, submitted the
following
R E P O R T
[To accompany S. 2959]
The Committee on Indian Affairs, to which was referred the
bill (S. 2959) 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, with amendments, and recommends that
the bill, as amended, do pass.
Purpose
The purpose of the bill is to clarify the authorized
purposes of the WMAT 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 (the ``Tribe'') 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. Sec. 307(a). The Act also establishes the creation
of the WMAT Settlement Fund that can be used, for among other
things, ``water-related economic development projects''. Sec.
312(b)(2)(C)(i)(III)
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 above, the
U.S. 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. 2959, was introduced on May 19, 2016, by
Senators McCain and Flake. 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.
The House companion bill is H.R. 5433 and was introduced on
June 9, 2016, by Representative Kirkpatrick and is cosponsored
by Representative Gosar. The bill, H.R. 5433, was referred to
the House Committee on Natural Resources, and within the
Committee to the Subcommittee on Water, Power and Oceans.
Section-by-Section Analysis for S. 2959
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. 2959, 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. 2959 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 in that act to plan,
design, and construct a rural water system. Under current law,
almost $79 million is authorized to be appropriated to the
settlement fund. S. 2959 would expand the uses of the fund but
would not authorize the appropriation of any additional
funding. As of September 2016, no funds have been appropriated
to the WMAT settlement fund.
CBO estimates that implementing S. 2959 would not affect
spending that is subject to appropriation, and enacting the
bill would not affect direct spending, or revenues. Therefore,
pay-as-you-go procedures do not apply.
CBO estimates that enacting S. 2959 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
S. 2959 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.
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. 2959 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. 2959, 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]