[Congressional Record Volume 154, Number 157 (Monday, September 29, 2008)]
[House]
[Page H10609]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 WHITE MOUNTAIN APACHE TRIBE RURAL WATER SYSTEM LOAN AUTHORIZATION ACT

  Mr. RAHALL. Madam Speaker, I ask unanimous consent that the Committee 
on Natural Resources be discharged from further consideration of the 
Senate 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, and ask for 
its immediate consideration in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  There was no objection.
  The text of the Senate bill is as follows:

                                S. 3128

       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.

  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.

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