[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3128 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  2d Session
                                S. 3128

_______________________________________________________________________

                                 AN ACT


 
To direct the Secretary of the Interior to provide a loan to the White 
Mountain Apache Tribe for use in planning, engineering, and designing a 
                     certain water system project.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``White Mountain Apache Tribe Rural 
Water System Loan Authorization Act''.

SEC. 2. DEFINITIONS.

    (a) Miner Flat Project.--The term ``Miner Flat Project'' means the 
White Mountain Apache Rural Water System, comprised of the Miner Flat 
Dam and associated domestic water supply components, as described in 
the project extension report dated February 2007.
    (b) Secretary.--The term ``Secretary'' means the Secretary of the 
Interior, acting through the Commissioner of Reclamation (or any other 
designee of the Secretary).
    (c) Tribe.--The term ``Tribe'' means the White Mountain Apache 
Tribe, a federally recognized Indian tribe organized pursuant to 
section 16 of the Indian Reorganization Act of 1934 (25 U.S.C. 476 et 
seq.).

SEC. 3. MINER FLAT PROJECT LOAN.

    (a) Loan.--Subject to the availability of appropriations and the 
condition that the Tribe and the Secretary have executed a cooperative 
agreement under section 4(a), not later than 90 days after the date on 
which amounts are made available to carry out this section and the 
cooperative agreement has been executed, the Secretary shall provide to 
the Tribe a loan in an amount equal to $9,800,000, adjusted, as 
appropriate, based on ordinary fluctuations in engineering cost indices 
applicable to the Miner Flat Project during the period beginning on 
October 1, 2007, and ending on the date on which the loan is provided, 
as determined by the Secretary, to carry out planning, engineering, and 
design of the Miner Flat Project in accordance with section 4.
    (b) Terms and Conditions of Loan.--The loan provided under 
subsection (a) shall--
            (1) be at a rate of interest of 0 percent; and
            (2) be repaid over a term of 25 years, beginning on January 
        1, 2013.
    (c) Administration.--Subject to section 4, the Secretary shall 
administer the planning, engineering, and design of the Miner Flat 
Project.

SEC. 4. PLANNING, ENGINEERING, AND DESIGN.

    (a) Cooperative Agreement.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall offer to enter into 
        a cooperative agreement with the Tribe for the planning, 
        engineering, and design of the Miner Flat Project in accordance 
        with this Act.
            (2) Mandatory provisions.--A cooperative agreement under 
        paragraph (1) shall--
                    (A) specify, in a manner that is acceptable to the 
                Secretary and the Tribe, the rights, responsibilities, 
                and liabilities of each party to the agreement; and
                    (B) require that the planning, engineering, design, 
                and construction of the Miner Flat Project be in 
                accordance with all applicable Federal environmental 
                laws.
    (b) Applicability of Indian Self-Determination and Education 
Assistance Act.--Each activity for the planning, engineering, or design 
of the Miner Flat Project shall be subject to the requirements of the 
Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 
et seq.).

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.

            Passed the Senate September 25 (legislative day, September 
      17), 2008.

            Attest:

                                                             Secretary.
110th CONGRESS

  2d Session

                                S. 3128

_______________________________________________________________________

                                 AN ACT

To direct the Secretary of the Interior to provide a loan to the White 
Mountain Apache Tribe for use in planning, engineering, and designing a 
                     certain water system project.