[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3128 Referred in House (RFH)]
110th CONGRESS
2d Session
S. 3128
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 26, 2008
Referred to the Committee on Natural Resources
_______________________________________________________________________
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:
NANCY ERICKSON,
Secretary.