[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