II 

Calendar No. 1080 

110TH CONGRESS 

2D SESSION S. 3128 

[Report No. 110–502] 

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 

SEPTEMBER 24 (legislative day, SEPTEMBER 17), 2008 

Reported by Mr. DORGAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


jbell on PROD1PC69 with BILLS
2 

•S 3128 RS

1 SECTION 1. SHORT TITLE. 

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

3 Apache Tribe Rural Water System Loan Authorization 

4 Act’’. 

5 SEC. 2. DEFINITIONS. 

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

7 Project’’ means the White Mountain Apache Rural Water 

8 System, comprised of the Miner Flat Dam and associated 

9 domestic water supply components, as described in the 

10 project extension report dated February 2007. 

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

12 Secretary of the Interior, acting through the Commis13 sioner of Reclamation (or any other designee of the Sec14 retary). 

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

16 Mountain Apache Tribe, a federally recognized Indian 

17 tribe organized pursuant to section 16 of the Indian Reor18 ganization Act of 1934 (25 U.S.C. 476 et seq.). 

19 SEC. 3. MINER FLAT PROJECT LOAN. 

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

21 and the Secretary have executed a cooperative agreement 

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

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

24 the Tribe a loan in an amount equal to $9,800,000, ad25 justed, as appropriate, based on ordinary fluctuations in 

26 engineering cost indices applicable to the Miner Flat 


jbell on PROD1PC69 with BILLS
3 

•S 3128 RS

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

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

3 determined by the Secretary, to carry out planning, engi4 neering, and design of the Miner Flat Project in accord5 ance with section 4. 

6 (b) TERMS AND CONDITIONS OF LOAN.— 

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

8 under subsection (a) shall— 

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

10 and 

11 (B) be repaid over a term of 10 years, be12 ginning on January 1, 2013. 

13 (2) FUNDS FOR REPAYMENT.— 

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

15 2013 and 2014, in lieu of direct repayment by 

16 the Tribe of the loan provided under subsection 

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

18 shall be credited toward repayment of the loan. 

19 (B) DESCRIPTION OF AMOUNT.—The 

20 amount referred to in subparagraph (A) is a 

21 portion of the funds in the Lower Colorado 

22 River Development Fund pursuant to section 

23 403(f)(2)(D)(vi) of the Colorado River Basin 

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

25 to— 


jbell on PROD1PC69 with BILLS
4 

•S 3128 RS

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

2 the outstanding balance of the loan under 

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

4 (ii) for fiscal year 2014, the remain5 ing balance of the loan as of October 1, 

6 2013. 

7 (c) ADMINISTRATION.—Subject to section 4, the Sec8 retary shall administer the planning, engineering, and de9 sign of the Miner Flat Project. 

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

11 (a) COOPERATIVE AGREEMENT.— 

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

13 the date of enactment of this Act, the Secretary 

14 shall offer to enter into a cooperative agreement 

15 with the Tribe for the planning, engineering, and de16 sign of the Miner Flat Project in accordance with 

17 this Act. 

18 (2) MANDATORY PROVISIONS.—A cooperative 

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

20 manner that is acceptable to the Secretary and the 

21 Tribe, the rights, responsibilities, and liabilities of 

22 each party to the agreement. 

23 (b) APPLICABILITY OF INDIAN SELF-DETERMINA24 TION AND EDUCATION ASSISTANCE ACT.—Each activity 

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


jbell on PROD1PC69 with BILLS
5 

•S 3128 RS

1 Project shall be subject to the requirements of the Indian 

2 Self-Determination and Education Assistance Act (25 

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

4 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

5 There are authorized to be appropriated such sums 

6 as are necessary to carry out this Act. 

7 SECTION 1. SHORT TITLE. 

8 This Act may be cited as the ‘‘White Mountain Apache 

9 Tribe Rural Water System Loan Authorization Act’’. 

10 SEC. 2. DEFINITIONS. 

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

12 Project’’ means the White Mountain Apache Rural Water 

13 System, comprised of the Miner Flat Dam and associated 

14 domestic water supply components, as described in the 

15 project extension report dated February 2007. 

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

17 Secretary of the Interior, acting through the Commissioner 

18 of Reclamation (or any other designee of the Secretary). 

19 (c) TRIBE.—The term ‘‘Tribe’’ means the White Moun20 tain Apache Tribe, a federally recognized Indian tribe orga21 nized pursuant to section 16 of the Indian Reorganization 

22 Act of 1934 (25 U.S.C. 476 et seq.). 

23 SEC. 3. MINER FLAT PROJECT LOAN. 

24 (a) LOAN.—Subject to the availability of appropria25 tions and the condition that the Tribe and the Secretary 


jbell on PROD1PC69 with BILLS
6 

•S 3128 RS

1 have executed a cooperative agreement under section 4(a), 

2 not later than 90 days after the date on which amounts 

3 are made available to carry out this section and the cooper4 ative agreement has been executed, the Secretary shall pro5 vide to the Tribe a loan in an amount equal to $9,800,000, 

6 adjusted, as appropriate, based on ordinary fluctuations in 

7 engineering cost indices applicable to the Miner Flat Project 

8 during the period beginning on October 1, 2007, and ending 

9 on the date on which the loan is provided, as determined 

10 by the Secretary, to carry out planning, engineering, and 

11 design of the Miner Flat Project in accordance with section 

12 4. 

13 (b) TERMS AND CONDITIONS OF LOAN.—The loan pro14 vided under subsection (a) shall— 

15 (1) be at a rate of interest of 0 percent; and 

16 (2) be repaid over a term of 25 years, beginning 

17 on January 1, 2013. 

18 (c) ADMINISTRATION.—Subject to section 4, the Sec19 retary shall administer the planning, engineering, and de20 sign of the Miner Flat Project. 

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

22 (a) COOPERATIVE AGREEMENT.— 

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

24 the date of enactment of this Act, the Secretary shall 

25 offer to enter into a cooperative agreement with the 


jbell on PROD1PC69 with BILLS
7 

•S 3128 RS

1 Tribe for the planning, engineering, and design of the 

2 Miner Flat Project in accordance with this Act. 

3 (2) MANDATORY PROVISIONS.—A cooperative 

4 agreement under paragraph (1) shall— 

5 (A) specify, in a manner that is acceptable 

6 to the Secretary and the Tribe, the rights, re7 sponsibilities, and liabilities of each party to the 

8 agreement; and 

9 (B) require that the planning, engineering, 

10 design, and construction of the Miner Flat 

11 Project be in accordance with all applicable Fed12 eral environmental laws. 

13 (b) APPLICABILITY OF INDIAN SELF-DETERMINATION

14 AND EDUCATION ASSISTANCE ACT.—Each activity for the 

15 planning, engineering, or design of the Miner Flat Project 

16 shall be subject to the requirements of the Indian Self-Deter17 mination and Education Assistance Act (25 U.S.C. 450 et 

18 seq.). 

19 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

20 There are authorized to be appropriated such sums as 

21 are necessary to carry out this Act. 


jbell on PROD1PC69 with BILLS
Calendar No. 1080 

110TH CONGRESS 

2D SESSION S. 3128 

[Report No. 110–502] 

A BILL 

To direct the Secretary of the Interior to provide a 

water system project. in planning, engineering, and designing a certain loan to the White Mountain Apache Tribe for use 

SEPTEMBER 24 (legislative day, SEPTEMBER 17), 2008 

Reported with an amendment 


jbell on PROD1PC69 with BILLS