I 

110TH CONGRESS 

2D SESSION S. 3128 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 26, 2008 

Referred to the Committee on Natural Resources 

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. 

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


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S 3128 RFH 

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 availability of appropria21 tions and the condition that the Tribe and the Secretary 

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

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

24 are made available to carry out this section and the coop25 erative agreement has been executed, the Secretary shall 

26 provide to the Tribe a loan in an amount equal to 


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1 $9,800,000, adjusted, as appropriate, based on ordinary 

2 fluctuations in engineering cost indices applicable to the 

3 Miner Flat Project during the period beginning on Octo4 ber 1, 2007, and ending on the date on which the loan 

5 is provided, as determined by the Secretary, to carry out 

6 planning, engineering, and design of the Miner Flat 

7 Project in accordance with section 4. 

8 (b) TERMS AND CONDITIONS OF LOAN.—The loan 

9 provided under subsection (a) shall— 

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

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

12 on January 1, 2013. 

13 (c) ADMINISTRATION.—Subject to section 4, the Sec14 retary shall administer the planning, engineering, and de15 sign of the Miner Flat Project. 

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

17 (a) COOPERATIVE AGREEMENT.— 

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

19 the date of enactment of this Act, the Secretary 

20 shall offer to enter into a cooperative agreement 

21 with the Tribe for the planning, engineering, and de22 sign of the Miner Flat Project in accordance with 

23 this Act. 

24 (2) MANDATORY PROVISIONS.—A cooperative 

25 agreement under paragraph (1) shall— 


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S 3128 RFH 

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

2 to the Secretary and the Tribe, the rights, re3 sponsibilities, and liabilities of each party to the 

4 agreement; and 

5 (B) require that the planning, engineering, 

6 design, and construction of the Miner Flat 

7 Project be in accordance with all applicable 

8 Federal environmental laws. 

9 (b) APPLICABILITY OF INDIAN SELF-DETERMINA10 TION AND EDUCATION ASSISTANCE ACT.—Each activity 

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

12 Project shall be subject to the requirements of the Indian 

13 Self-Determination and Education Assistance Act (25 

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

15 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

16 There are authorized to be appropriated such sums 

17 as are necessary to carry out this Act. 

Passed the Senate September 25 (legislative day, 

September 17), 2008. 

Attest: NANCY ERICKSON, 

Secretary. 


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