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






                                                      Calendar No. 1080
110th CONGRESS
  2d Session
                                S. 3128

                          [Report No. 110-502]

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

           September 24 (legislative day, September 17), 2008

               Reported by Mr. Dorgan, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Secretary.--The term ``Secretary'' means the Secretary 
of the Interior, acting through the Commissioner of Reclamation (or any 
other designee of the Secretary).</DELETED>
<DELETED>    (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.).</DELETED>

<DELETED>SEC. 3. MINER FLAT PROJECT LOAN.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Terms and Conditions of Loan.--</DELETED>
        <DELETED>    (1) Interest; term.--The loan provided under 
        subsection (a) shall--</DELETED>
                <DELETED>    (A) be at a rate of interest of 0 percent; 
                and</DELETED>
                <DELETED>    (B) be repaid over a term of 10 years, 
                beginning on January 1, 2013.</DELETED>
        <DELETED>    (2) Funds for repayment.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) for fiscal year 2013, 50 
                        percent of the outstanding balance of the loan 
                        under subsection (a) as of October 1, 2012; 
                        and</DELETED>
                        <DELETED>    (ii) for fiscal year 2014, the 
                        remaining balance of the loan as of October 1, 
                        2013.</DELETED>
<DELETED>    (c) Administration.--Subject to section 4, the Secretary 
shall administer the planning, engineering, and design of the Miner 
Flat Project.</DELETED>

<DELETED>SEC. 4. PLANNING, ENGINEERING, AND DESIGN.</DELETED>

<DELETED>    (a) Cooperative Agreement.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.).</DELETED>

<DELETED>SEC. 5. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated such sums as are 
necessary to carry out this Act.</DELETED>

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.
                                                      Calendar No. 1080

110th CONGRESS

  2d Session

                                S. 3128

                          [Report No. 110-502]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

           September 24 (legislative day, September 17), 2008

                       Reported with an amendment