Week ending January 12, 2018
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.
“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 November 2017, no funds have been appropriated to the settlement fund.” – cbo
The Claims Resolution Act of 2010 (Act, Public Law 111-291) included four Indian water rights settlements. Title III of the Act resolved the White Mountain Apache Tribe’s (Tribe) water related claims against the United States, the State of Arizona, and a number of other State and non-federal parties. In consideration for the Tribe waiving its water-related claims against the United States and other parties, the Act authorized funding for the construction of the White Mountain Apache Rural Water System (Rural Water System) to bring safe and reliable drinking water to the Tribe and its members. Specifically, the Rural Water System will consist of a dam and reservoir, treatment plant, and 55 miles of pipeline to serve the community.
The Act also established the creation of the WMAT Settlement Fund that can be used for cost-overruns for the System and “water-related economic development projects,” among other things. The Tribe and the Bureau of Reclamation have been working together to complete a study to determine if additional construction activities may be required to accommodate geological conditions at the site of the dam. Accordingly, there may be additional costs incurred during construction, albeit within the Act’s authorization.
(Full text of S. 140 congress.gov)
Sponsor: Sen. Flake, Jeff [R-AZ] (Introduced 01/12/2017)
Status: Passed Senate / Passed House /
VOTES and FLOOR ACTION
On Passage: On passage Passed by recorded vote: 239 – 173 (Roll no. 11)
Motion to recommit:
Text of the motion:
On Passage: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.
COST AND IMPACT
Cost to the taxpayers: $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 November 2017, no funds have been appropriated to the settlement fund.
Pay-as-you-go requirements: CBO estimates that implementing S. 140 would not affect the federal budget. Enacting the legislation would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply.
Dynamic Scoring: 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.
Regulatory and Other Impact: 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.
Tax Complexity: Not applicable to this bill.
Earmark Certification: Data not available
Duplication of programs: Data not available
Direct Rule-Making: Data not available
Advisory Committee Statement: Data not available
Budget Authority: Data not available
Constitutional Authority: Assumed.
More Bill Information:
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