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







110th CONGRESS
  2d Session
                                S. 3128

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 12, 2008

    Mr. Kyl introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
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 condition that the Tribe and the 
Secretary have executed a cooperative agreement under section 4(a), not 
later than 90 days after the date of enactment of this Act, 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.--
            (1) Interest; term.--The loan provided under subsection (a) 
        shall--
                    (A) be at a rate of interest of 0 percent; and
                    (B) be repaid over a term of 10 years, beginning on 
                January 1, 2013.
            (2) Funds for repayment.--
                    (A) In general.--For each of fiscal years 2013 and 
                2014, in lieu of direct repayment by the Tribe of the 
                loan provided under subsection (a), the amount 
                described in subparagraph (B) shall be credited toward 
                repayment of the loan.
                    (B) Description of amount.--The amount referred to 
                in subparagraph (A) is a portion of the funds in the 
                Lower Colorado River Development Fund pursuant to 
                section 403(f)(2)(D)(vi) of the Colorado River Basin 
                Project Act (43 U.S.C. 1543(f)(2)(D)(vi)) equal to--
                            (i) for fiscal year 2013, 50 percent of the 
                        outstanding balance of the loan under 
                        subsection (a) as of October 1, 2012; and
                            (ii) for fiscal year 2014, the remaining 
                        balance of the loan as of October 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 specify, in a manner that is acceptable to 
        the Secretary and the Tribe, the rights, responsibilities, and 
        liabilities of each party to the agreement.
    (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.
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