II 

110TH CONGRESS 

2D SESSION 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. 

IN THE SENATE OF THE UNITED STATES 

JUNE 12, 2008 

Mr. KYL introduced the following bill; which was read twice and referred to 

the Committee on Indian Affairs 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘White Mountain 

5 Apache Tribe Rural Water System Loan Authorization 

6 Act’’. 


wwoods2 on PRODPC68 with BILLS
2 

•S 3128 IS

1 SEC. 2. DEFINITIONS. 

2 (a) MINER FLAT PROJECT.—The term ‘‘Miner Flat 

3 Project’’ means the White Mountain Apache Rural Water 

4 System, comprised of the Miner Flat Dam and associated 

5 domestic water supply components, as described in the 

6 project extension report dated February 2007. 

7 (b) SECRETARY.—The term ‘‘Secretary’’ means the 

8 Secretary of the Interior, acting through the Commis9 sioner of Reclamation (or any other designee of the Sec10 retary). 

11 (c) TRIBE.—The term ‘‘Tribe’’ means the White 

12 Mountain Apache Tribe, a federally recognized Indian 

13 tribe organized pursuant to section 16 of the Indian Reor14 ganization Act of 1934 (25 U.S.C. 476 et seq.). 

15 SEC. 3. MINER FLAT PROJECT LOAN. 

16 (a) LOAN.—Subject to the condition that the Tribe 

17 and the Secretary have executed a cooperative agreement 

18 under section 4(a), not later than 90 days after the date 

19 of enactment of this Act, the Secretary shall provide to 

20 the Tribe a loan in an amount equal to $9,800,000, ad21 justed, as appropriate, based on ordinary fluctuations in 

22 engineering cost indices applicable to the Miner Flat 

23 Project during the period beginning on October 1, 2007, 

24 and ending on the date on which the loan is provided, as 

25 determined by the Secretary, to carry out planning, engiVerDate Aug 31 2005 00:08 Jun 14, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3128.IS S3128

wwoods2 on PRODPC68 with BILLS
3 

•S 3128 IS

1 neering, and design of the Miner Flat Project in accord2 ance with section 4. 

3 (b) TERMS AND CONDITIONS OF LOAN.— 

4 (1) INTEREST; TERM.—The loan provided 

5 under subsection (a) shall— 

6 (A) be at a rate of interest of 0 percent; 

7 and 

8 (B) be repaid over a term of 10 years, be9 ginning on January 1, 2013. 

10 (2) FUNDS FOR REPAYMENT.— 

11 (A) IN GENERAL.—For each of fiscal years 

12 2013 and 2014, in lieu of direct repayment by 

13 the Tribe of the loan provided under subsection 

14 (a), the amount described in subparagraph (B) 

15 shall be credited toward repayment of the loan. 

16 (B) DESCRIPTION OF AMOUNT.—The 

17 amount referred to in subparagraph (A) is a 

18 portion of the funds in the Lower Colorado 

19 River Development Fund pursuant to section 

20 403(f)(2)(D)(vi) of the Colorado River Basin 

21 Project Act (43 U.S.C. 1543(f)(2)(D)(vi)) equal 

22 to— 

23 (i) for fiscal year 2013, 50 percent of 

24 the outstanding balance of the loan under 

25 subsection (a) as of October 1, 2012; and 


wwoods2 on PRODPC68 with BILLS
4 

•S 3128 IS

1 (ii) for fiscal year 2014, the remain2 ing balance of the loan as of October 1, 

3 2013. 

4 (c) ADMINISTRATION.—Subject to section 4, the Sec5 retary shall administer the planning, engineering, and de6 sign of the Miner Flat Project. 

7 SEC. 4. PLANNING, ENGINEERING, AND DESIGN. 

8 (a) COOPERATIVE AGREEMENT.— 

9 (1) IN GENERAL.—Not later than 90 days after 

10 the date of enactment of this Act, the Secretary 

11 shall offer to enter into a cooperative agreement 

12 with the Tribe for the planning, engineering, and de13 sign of the Miner Flat Project in accordance with 

14 this Act. 

15 (2) MANDATORY PROVISIONS.—A cooperative 

16 agreement under paragraph (1) shall specify, in a 

17 manner that is acceptable to the Secretary and the 

18 Tribe, the rights, responsibilities, and liabilities of 

19 each party to the agreement. 

20 (b) APPLICABILITY OF INDIAN SELF-DETERMINA21 TION AND EDUCATION ASSISTANCE ACT.—Each activity 

22 for the planning, engineering, or design, of the Miner Flat 

23 Project shall be subject to the requirements of the Indian 

24 Self-Determination and Education Assistance Act (25 

25 U.S.C. 450 et seq.). 


wwoods2 on PRODPC68 with BILLS
5 

•S 3128 IS

1 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as are necessary to carry out this Act. 

Æ 


wwoods2 on PRODPC68 with BILLS