[110th Congress Public Law 390]
[From the U.S. Government Printing Office]


[DOCID: f:publ390.110]

[[Page 122 STAT. 4191]]

Public Law 110-390
110th Congress

                                 An Act


 
 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. <<NOTE: Oct. 10, 2008 -  [S. 3128]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: White 
Mountain Apache Tribe Rural Water System Loan Authorization Act.>> 
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 <<NOTE: Deadline.>> 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.

[[Page 122 STAT. 4192]]

    (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 <<NOTE: Deadline.>> 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.

    Approved October 10, 2008.

LEGISLATIVE HISTORY--S. 3128:
---------------------------------------------------------------------------

SENATE REPORTS: No. 110-502 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 154 (2008):
            Sept. 25, considered and passed Senate.
            Sept. 29, considered and passed House.

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