PUBLIC LAW 110–390—OCT. 10, 2008 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. 

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. 

Deadline. 

White Mountain 

Apache Tribe 

Rural Water 

System Loan 

Authorization 

Act. 

Oct. 10, 2008 

[S. 3128] 


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122 STAT. 4192 PUBLIC LAW 110–390—OCT. 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. 

Æ 

(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. 

Approved October 10, 2008. 

Deadline. 


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