Sec. 107. White Mountain Apache Tribe Rural Water System
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Section 307(d)(2)(E) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 (title III of 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). . Section 307 of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 (title III of Public Law 111–291 ; 124 Stat. 3080; 132 Stat. 1626) is amended by adding at the end the following:
The WMAT rural water system shall be determined to be substantially complete if— 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 the Secretary— expended all of the available funding provided to construct the WMAT rural water system; and 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. . Section 309(d) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 ( Public Law 111–291 ; 124 Stat. 3088; 133 Stat. 2669) is amended— in paragraph (1)— by redesignating subparagraphs
(D)through
(G)as subparagraphs
(E)through (H), respectively; and by inserting after subparagraph
(C)the following: 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; ; and in paragraph (2), by striking 2023 each place it appears and inserting 2025 . 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. . Section 310(b) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 (title III of Public Law 111–291 ; 124 Stat. 3090) is amended by adding at the end the following: If, before the enforceability date under section 309(d), Federal funds are expended to carry out activities identified in subparagraphs
(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. . Section 312(c) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 (title III of Public Law 111–291 ; 124 Stat. 3095) is amended to read as follows: All amounts made available under subsection
(a)shall be adjusted as necessary to reflect the changes made since October 1, 2007, with respect to 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. All amounts made available under subsection (b)(2) shall be adjusted annually to reflect the changes made since October 1, 2007, with respect to 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. All amounts made available under subsection (b)(3) shall be adjusted on deposit to reflect the changes made since October 1, 2007, with respect to the Consumer Price Index for All Urban Consumers West Urban 50,000 to 1,500,000 published by the Bureau of Labor Statistics. Of the amounts made available under subsection (e)(2)— $35,000,000 shall be adjusted as necessary to reflect the changes made since October 1, 2007, with respect to 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 additional funds, in excess of the amount referred to in subparagraph (A), shall be adjusted as necessary to reflect the changes made since April 1, 2021, with respect to 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. 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. . Section 312(e)(2)(B) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 (title III of Public Law 111–291 ; 124 Stat. 3095) is amended by striking $11,000,000 and inserting $541,000,000 . 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 subsection (b)(2)(C) and inserting shall be returned to the general fund of the Treasury . 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: There is authorized to be appropriated to the Secretary for deposit in the WMAT Settlement Fund $78,500,000. . Section 312(e) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 (title III of Public Law 111–291 ; 124 Stat. 3096) is amended by adding at the end the following: Notwithstanding any other provision of law, any amounts made available under paragraph (2)(B) shall not be made available from the Indian Water Rights Settlement Completion Fund established by section 70101 of the Infrastructure Investment and Jobs Act ( 25 U.S.C. 149 ) or the Reclamation Water Settlements Fund established by section 10501(a) of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 407(a) ) until 2034. .
Connectionstraces to 4
Traces to 4 documents
public-private-law
- To amend the White Mountain Apache Tribe Water Rights Quantification Act of 2010 to clarify the use of amounts in the WMAT Settlement Fund.AugPublic Law 115-227
- 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.JanPublic Law 117-342
11 references not yet in our index
- Pub. L. 111-291
- 124 Stat. 3082
- 132 Stat. 1626
- 133 Stat. 2669
- Pub. L. 110-390
- 122 Stat. 4191
- 124 Stat. 3092
- 124 Stat. 3090
- 124 Stat. 3095
- 124 Stat. 3096
- 124 Stat. 3093
Citation graph
cites case law
Sec. 107
White Mountain Apache Tribe Rural Water System
Pub. L.Pub. L. 111-291
Stat.124 Stat. 3082
Stat.132 Stat. 1626
Stat.133 Stat. 2669
Pub. L.Pub. L. 110-390
Cites 15 · showing 9Cited by 0 across 0 sources