[House Report 115-441]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-441
======================================================================
TO AMEND THE WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS QUANTIFICATION
ACT OF 2010 TO CLARIFY THE USE OF AMOUNTS IN THE WMAT SETTLEMENT FUND
_______
December 6, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany S. 140]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom 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, report favorably thereon without amendment and recommend
that the bill do pass.
Purpose of the Bill
The purpose of S. 140 is to amend the White Mountain Apache
Tribe Water Rights Quantification Act of 2010 to clarify the
use of amounts in the WMAT Settlement Fund.
Background and Need for Legislation
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.\1\
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\1\Testimony of Vice-Chairman Kasey Velasquez, Vice-Chairman of the
White Mountain Apache Tribe, before the Water, Power and Oceans
Subcommittee, on S. 140, November 3, 2017, p.2.https://
www.indian.senate.gov/sites/default/files/upload/6.29.16%20Ronnie%20
Lupe%20Testimony.pdf.
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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.\2\ 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. The
Department of the Interior has previously indicated that it is
unclear (from its perspective) whether the WMAT Settlement Fund
can be used for the System's cost overruns.\3\ The Rural Water
System will serve a number of water-related activities that fit
squarely within the WMAT Settlement Funds' authorized purposes,
primarily water for new and existing housing on the
reservation, municipal and commercial needs, as well as water
for existing irrigation, improvements to the Alchesay fish
hatchery, and the potential for small-scale hydropower
(approximately 2 megawatts).\4\
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\2\P.L. 111-291, Section 312(b).
\3\Testimony of Vice-Chairman Kasey Velasquez, Vice-Chairman of the
White Mountain Apache Tribe, before the Water, Power and Oceans
Subcommittee, on S. 140, November 3, 2017, p.4.https://
www.indian.senate.gov/sites/default/files/upload/6.29.16%20Ronnie%20
Lupe%20Testimony.pdf.
\4\Id.
---------------------------------------------------------------------------
Committee Action
S. 140 was introduced on January 12, 2017, by Senator Jeff
Flake (R-AZ). The Senate passed the bill by unanimous consent
on May 8, 2017. In the House of Representatives, the bill was
referred to the Committee on Natural Resources. Within the
Committee on Natural Resources, the bill was referred to the
Subcommittee on Water, Power and Oceans. On November 2, 2017,
the Subcommittee held a hearing on the legislation. November 7,
2017, the Natural Resources Committee met to consider the bill.
The Subcommittee was discharged by unanimous consent. No
amendments were offered, and the bill was ordered favorably
reported to the House of Representatives by unanimous consent
on November 8, 2017.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation and the Congressional Budget Act of
1974. With respect to the requirements of clause 3(c)(2) and
(3) of rule XIII of the Rules of the House of Representatives
and sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the enclosed cost estimate for
the bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 21, 2017.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
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,
Director.
Enclosure.
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 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.
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.
On February 24, 2017, CBO transmitted a 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, as ordered reported by the Senate
Committee on Indian Affairs on February 8, 2017. The two
versions of the act are similar and CBO's estimates of their
costs are the same.
The CBO staff contacts for this estimate are Robert Reese
(for federal costs) and Rachel Austin (for mandates). The
estimate was approved by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the White Mountain Apache
Tribe Water Rights Quantification Act of 2010 to clarify the
use of amounts in the WMAT Settlement Fund.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS QUANTIFICATION ACT OF 2010
* * * * * * *
TITLE III--WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS QUANTIFICATION
* * * * * * *
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--
(1) a dam and storage reservoir, pumping plant, and
treatment facilities located along the North Fork of
the White River near the community of Whiteriver;
(2) a distribution system consisting of pipelines
extending from the treatment facilities to existing
water distribution systems serving the communities of
Whiteriver, Fort Apache, Canyon Day, Cedar Creek,
Carrizo, and Cibecue;
(3) connections to existing distribution facilities
for the communities described in paragraph (2), but not
including any upgrades of, or improvements to, existing
or future public water systems for the communities
described in paragraph (2) that may be necessary to
accommodate increased demand and flow rates (and any
associated changes in water quality);
(4) connections to additional communities along the
pipeline, provided that the additional connections may
be added to the distribution system described in
paragraph (2) at the expense of the Tribe;
(5) appurtenant buildings and access roads;
(6) electrical power transmission and distribution
facilities necessary for operation of the project; and
(7) any other project components that the Secretary,
in consultation with the Tribe, determines to be
necessary.
(b) Modifications.--The Secretary and the Tribe--
(1) may modify the components of the WMAT rural water
system described in subsection (a) by mutual agreement;
and
(2) shall make all modifications required under
subsection (c)(2).
(c) Final Project Design.--
(1) In general.--The Secretary shall issue a final
project design of the WMAT rural water system,
including the dam, pumping plants, pipeline, and
treatment plant, that is generally consistent with the
project extension report dated February 2007 after the
completion of--
(A) any appropriate environmental compliance
activity; and
(B) the review process described in paragraph
(2).
(2) Review.--
(A) In general.--The Secretary shall review
the proposed design of the WMAT rural water
system and perform value engineering analyses.
(B) Results.--Taking into consideration the
review under subparagraph (A), the Secretary,
in consultation with the Tribe, shall require
appropriate changes to the design, so that the
final design--
(i) meets Bureau of Reclamation
design standards;
(ii) to the maximum extent
practicable, incorporates any changes
that would improve the cost-
effectiveness of the delivery of water
through the WMAT rural water system;
and
(iii) may be constructed for the
amounts made available under section
312.
(d) Conveyance of Title.--
(1) In general.--Title to the WMAT rural water system
shall be held by the United States until title to the
WMAT rural water system is conveyed by the Secretary to
the Tribe pursuant to paragraph (2).
(2) Conveyance to tribe.--The Secretary shall convey
to the Tribe title to the WMAT rural water system not
later than 30 days after the date on which the
Secretary publishes in the Federal Register a statement
of findings that--
(A) the operating criteria, standing
operating procedures, emergency action plan,
and first filling and monitoring criteria of
the designers have been established and are in
place;
(B) the WMAT rural water system has operated
under the standing operating procedures of the
designers, with the participation of the Tribe,
for a period of 3 years;
(C) the Secretary has provided the Tribe with
technical assistance on the manner by which to
operate and maintain the WMAT rural water
system;
(D) the funds made available under section
312(b)(3)(B) have been deposited in the WMAT
Maintenance Fund; and
(E) the WMAT rural water system--
(i) is substantially complete, as
determined by the Secretary; and
(ii) satisfies the requirement that--
(I) 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);
and
(II) the Secretary has
consulted with the Tribe
regarding the proposed finding
that the WMAT rural water
system is substantially
complete.
(e) Alienation and Taxation.--
(1) In general.--Conveyance of title to the Tribe
pursuant to subsection (d) does not waive or alter any
applicable Federal law (including regulations)
prohibiting alienation or taxation of the WMAT rural
water system or the underlying reservation land.
(2) Alienation of wmat rural water system.--The WMAT
rural water system, including the components of the
WMAT rural water system, shall not be alienated,
encumbered, or conveyed in any manner by the Tribe,
unless a reconveyance is authorized by an Act of
Congress enacted after the date of enactment of this
Act.
(f) Operation and Maintenance.--
(1) In general.--Consistent with subsections (d) and
(e) of section 312, the Secretary, acting through the
Bureau and in cooperation with the Tribe, shall
operate, maintain, and replace the WMAT rural water
system until the date on which title to the WMAT rural
water system is transferred to the Tribe pursuant to
subsection (d)(2).
(2) Limitation.--
(A) In general.--Beginning on the date on
which title to the WMAT rural water system is
transferred to the Tribe pursuant to subsection
(d)(2), the United States shall have no
obligation to pay for the operation,
maintenance, or replacement costs of the WMAT
rural water system.
(B) Limitation on liability.--Effective on
the date on which the Secretary publishes a
statement of findings in the Federal Register
pursuant to subsection (d)(2), the United
States shall not be held liable by any court
for damages arising out of any act, omission,
or occurrence relating to the land or
facilities conveyed, other than damages caused
by any intentional act or act of negligence
committed by the United States, or by employees
or agents of the United States, prior to the
date on which the Secretary publishes a
statement of findings in the Federal Register
pursuant to subsection (d)(2).
(g) Right to review.--
(1) In general.--The statement of findings published
by the Secretary pursuant to subsection (d)(2) shall be
considered to be a final agency action subject to
judicial review under sections 701 through 706 of title
5, United States Code.
(2) Effect of title.--Nothing in this title gives the
Tribe or any other party the right to judicial review
of the determination by the Secretary under subsection
(d) except under subchapter II of chapter 5, and
chapter 7, of title 5, United States Code (commonly
known as the ``Administrative Procedure Act'').
(h) Applicability of ISDEAA.--
(1) Agreement for specific activities.--On receipt of
a request of the Tribe, and in accordance with the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.), the Secretary shall enter into
1 or more agreements with the Tribe to carry out the
activities authorized by this section.
(2) Contracts.--Any contract entered into pursuant to
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.) for the purpose of carrying
out any provision of this title shall incorporate such
provisions regarding periodic payment of funds, timing
for use of funds, transparency, oversight, reporting,
and accountability as the Secretary determines to be
necessary (at the sole discretion of the Secretary) to
ensure appropriate stewardship of Federal funds.
(i) Final Designs; Project Construction.--
(1) Final designs.--All designs for the WMAT rural
water system shall--
(A) conform to Bureau design standards; and
(B) be subject to review and approval by the
Secretary.
(2) Project construction.--Each project component of
the WMAT rural water system shall be constructed
pursuant to designs and specifications approved by the
Secretary, and all construction work shall be subject
to inspection and approval by the Secretary.
(j) Condition.--As a condition of construction of the
facilities authorized by this section, the Tribe shall provide,
at no cost to the Secretary, all land or interests in land that
the Secretary identifies as necessary for the construction,
operation, and maintenance of those facilities.
* * * * * * *
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.--
(i) In general.--There are authorized
to be appropriated to the Secretary for
deposit in the WMAT Settlement Fund--
(I) $78,500,000; and
(II) any additional amounts
described in clause (ii), if
applicable.
(ii) Authorization of additional
amounts.--In accordance with subsection
(e)(4)(B), if the WMAT rural water
system is conveyed to the Tribe before
the date on which the $35,000,000
described in subsection (e)(2) is
completely made available, there is
authorized to be appropriated to the
Secretary, for deposit in the WMAT
Settlement Fund, any remaining amounts
that would otherwise have been made
available for expenditure from the Cost
Overrun Subaccount.
(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.--All amounts made available under
subsections (a), (b), and (e) 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 supply system, the
maintenance of the rural water supply system, and the
construction or rehabilitation of the other development
projects described in subsection (b)(2)(C).
(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 $11,000,000.
(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--
(i) returned to the general fund of
the Treasury; and
(ii) on an appropriation pursuant to
subsection (b)(2)(B)(ii), deposited in
the WMAT Settlement Fund and made
available to the Tribe for use in
accordance with subsection (b)(2)(C).
(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.
* * * * * * *
[all]