1.This Act may be cited as the
White Mountain Apache Tribe Rural
Water System Loan Authorization Act
.
2.
(a)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)The
term Secretary means the Secretary of the Interior, acting through
the Commissioner of Reclamation (or any other designee of the
Secretary).
(c)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.
(a)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)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)
(A)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)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)Subject to section 4, the Secretary shall
administer the planning, engineering, and design of the Miner Flat
Project.
4.Planning,
engineering, and design
(a)
(1)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)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 ActEach 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
appropriationsThere are
authorized to be appropriated such sums as are necessary to carry out this
Act.
1.This Act may be cited as the
White Mountain Apache Tribe Rural
Water System Loan Authorization Act
.
2.
(a)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)The
term Secretary means the Secretary of the Interior, acting through
the Commissioner of Reclamation (or any other designee of the
Secretary).
(c)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.
(a)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
loanThe 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)Subject to section 4, the Secretary shall
administer the planning, engineering, and design of the Miner Flat
Project.
4.Planning, engineering,
and design
(a)
(1)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)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 ActEach 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
appropriationsThere are
authorized to be appropriated such sums as are necessary to carry out this
Act.
September 24 (legislative day, September 17),
2008
Reported with an amendment