II 110th CONGRESS 2d Session S. 3128 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.
1.
Short title
This Act may be cited as the White Mountain Apache Tribe Rural Water System Loan Authorization Act.
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.).
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.
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.).
5.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this Act.