[Congressional Record Volume 154, Number 153 (Thursday, September 25, 2008)]
[Senate]
[Pages S9552-S9553]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 WHITE MOUNTAIN APACHE TRIBE RURAL WATER SYSTEM LOAN AUTHORIZATION ACT

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 1080, S. 3128.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 3128) 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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Indian Affairs, with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     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.

  Mr. DURBIN. Mr. President, I ask unanimous consent that the 
committee-reported amendment be agreed to, the bill, as amended, be 
read a third time and passed, the motions to reconsider be laid upon 
the table, and that any statements relating to the bill be printed in 
the Record.

[[Page S9553]]

  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 3128), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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