Sec. 312. FUNDING

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## SEC. 312 FUNDING ###

(a)Rural Water System ####

(1)Mandatory appropriations Subject to paragraph (2), out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out the planning, engineering, design, environmental compliance, and construction of the WMAT rural water system $126,193,000. ####

(2)Inclusions The amount made available under paragraph

(1)shall include such sums as are necessary, but not to exceed 4 percent of the construction contract costs, for the Bureau to carry out oversight of activities for planning, design, environmental compliance, and construction of the rural water system. ###

(b)WMAT Settlement and Maintenance Funds ####

(1)Definition of funds In this subsection, the term “Funds” means— #####

(A)the WMAT Settlement Fund established by paragraph (2)(A); and #####

(B)the WMAT Maintenance Fund established by paragraph (3)(A). ####

(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). #####

(B)Transfers to fund There is authorized to be appropriated to the Secretary for deposit in the WMAT Settlement Fund $78,500,000. #####

(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. ######

(ii)Existing irrigation systems Of the amounts deposited in the Fund under subparagraph (B), not less than $4,950,000 shall be used for the rehabilitation of existing irrigation systems. ####

(3)WMAT maintenance fund #####

(A)Establishment There is established in the Treasury of the United States a fund to be known as the “WMAT Maintenance 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). #####

(B)Mandatory appropriations Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $50,000,000 for deposit in the WMAT Maintenance Fund. #####

(C)Use of Funds The Tribe shall use amounts in the WMAT Maintenance Fund only for the operation, maintenance, and replacement costs associated with the delivery of water through the WMAT rural water system. ####

(4)Administration The Secretary shall manage the Funds in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), including by investing amounts in the Funds in accordance with— #####

(A)the Act of April 1, 1880 (25 U.S.C. 161); and #####

(B)the first section of the Act of June 24, 1938 (25 U.S.C. 162a). ####

(5)Availability of amounts from funds Amounts in the Funds shall be available for expenditure or withdrawal only after the enforceability date and in accordance with subsection (f). ####

(6)Expenditure and withdrawal #####

(A)Tribal Management Plan ######

(i)In general The Tribe may withdraw all or part of the amounts in the Funds on approval by the Secretary of a tribal management plan, as described in the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.). ######

(ii)Requirements In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), a tribal management plan under this subparagraph shall require the Tribe to use any amounts withdrawn from the Funds in accordance with paragraph (2)(C) or (3)(C), as applicable. ######

(iii)Enforcement The Secretary may take judicial or administrative action to enforce the provisions of a tribal management plan described in clause

(i)to ensure that any amounts withdrawn from the Funds under the tribal management plan are used in accordance with this title and the Agreement. ######

(iv)Liability If the Tribe exercises the right to withdraw amounts from the Funds, neither the Secretary nor the Secretary of the Treasury shall retain any liability for the expenditure or investment of the amounts. #####

(B)Expenditure plan ######

(i)In general The Tribe shall submit to the Secretary for approval an expenditure plan for any portion of the amounts in the Funds that the Tribe does not withdraw under the tribal management plan. ######

(ii)Description The expenditure plan shall describe the manner in which, and the purposes for which, amounts remaining in the Funds will be used. ######

(iii)Approval On receipt of an expenditure plan under clause (i), the Secretary shall approve the plan, if the Secretary determines that the plan is reasonable and consistent with this title and the Agreement. ######

(iv)Annual report For each of the Funds, the Tribe shall submit to the Secretary an annual report that describes all expenditures from the Fund during the year covered by the report. #####

(C)Certain per capita distributions prohibited No amount in the Funds shall be distributed to any member of the Tribe on a per capita basis. ###

(c)Cost Indexing ####

(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. ####

(6)Prohibition Notwithstanding any other provision of law, after the enforceability date, any increase in the amounts appropriated under subsections (a)(1), (b)(3)(B), and (e)(2)(A) because of cost indexing shall not be available from funds in the Treasury not otherwise appropriated. ####

(7)Authorization of appropriations There are authorized to be appropriated funding for the purposes provided in this subsection. ###

(d)Operation, Maintenance, and Replacement Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $2,500,000 for the operation, maintenance, and replacement costs of the WMAT rural water system, to remain available until the conditions described in section 307(f) have been met. ###

(e)Cost Overrun Subaccount ####

(1)Establishment There is established in the Lower Colorado River Basin Development Fund a subaccount to be known as the “WMAT Cost Overrun Subaccount”, to be administered by the Secretary, consisting of the amounts deposited in the subaccount under paragraph (2), together with any interest accrued on those amounts, for use by the Secretary in accordance with paragraph (4). ####

(2)Mandatory appropriations; authorization of appropriations #####

(A)Mandatory appropriations Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $24,000,000 for deposit in the WMAT Cost Overrun Subaccount. #####

(B)Authorization of appropriations There is authorized to be appropriated for deposit in the WMAT Cost Overrun Subaccount $541,000,000. ####

(3)Availability of Funds #####

(A)In general Amounts in the WMAT Cost Overrun Subaccount shall not be available for expenditure by the Secretary until the enforceability date. #####

(B)Investment The Secretary shall invest the amounts in the WMAT Cost Overrun Subaccount in accordance with section 403(f)(4) of the Colorado River Basin Project Act (43 U.S.C. 1543(f)(4)). #####

(C)Use of interest The interest accrued on the amounts invested under subparagraph

(B)shall not be available for expenditure or withdrawal until the enforceability date. ####

(4)Use of cost overrun subaccount #####

(A)Initial use The Secretary shall use the amounts in the WMAT Cost Overrun Subaccount to complete the WMAT rural water system or to carry out activities relating to the operation, maintenance, or replacement of facilities of the WMAT rural water system, as applicable, if the Secretary determines that the amounts made available under subsections

(a)and

(d)will be insufficient in the period before title to the WMAT rural water system is conveyed to the Tribe— ######

(i)to complete the WMAT rural water system; or ######

(ii)to operate and maintain the WMAT rural water system. #####

(B)Transfer of funds All unobligated amounts remaining in the Cost Overrun Subaccount on the date on which title to the WMAT rural water system is conveyed to the Tribe shall be returned to the general fund of the Treasury. ####

(5)Prohibition Notwithstanding any other provision of law, any amounts made available under paragraph (2)(B) shall not be made available from— #####

(A)the Indian Water Rights Settlement Completion Fund established by section 70101(a) of the Infrastructure Investment and Jobs Act (25 U.S.C. 149(a)); or #####

(B)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)). ###

(f)Conditions The amounts made available to the Secretary for deposit in the WMAT Maintenance Fund, together with any interest accrued on those amounts under subsection (b)(3) and any interest accruing on the WMAT Settlement Fund under subsection (b)(2), shall not be available for expenditure or withdrawal until the WMAT rural water system is transferred to the Tribe under section 307(d)(2). ###

(g)Receipt and Acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this title the funds transferred under subsections (a), (b), (d), and (e), without further appropriation, to remain available until expended. ###

(h)Oversight and Accounting ####

(1)In general Not later than 1 year after the date of enactment of this subsection and annually thereafter, the Director of the Bureau shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives an annual report that describes all expenditures, during the year covered by the report, from— #####

(A)the WMAT Settlement Fund established by subsection (b)(2)(A) and the WMAT Maintenance Fund established by subsection (b)(3)(A) (referred to in this subsection as the “Funds”); and #####

(B)the WMAT Cost Overrun Subaccount established by subsection (e)(1) (referred to in this subsection as the “Subaccount”). ####

(2)Inclusions Each report under paragraph

(1)shall include, but not be limited to: #####

(A)Progress and cost accounting on the planning, design and construction of the Miner Flat Dam and any additional water supply facilities resulting from expenditures from the Funds and the Subaccount. #####

(B)A cost accounting of the administrative expenses related to activities resulting from expenditures from the Funds and the Subaccount. #####

(C)A cost accounting of the environmental regulatory and economic process related to activities resulting from expenditures from the Funds and the Subaccount. #####

(D)A projection of such costs described in subparagraphs (A), (B), and

(C)for the next fiscal year and specific goals and objectives for the next fiscal year. #####

(E)Whether those projections and specific goals and objectives have been met and any barriers encountered in the last fiscal year.

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