White Mountain Apache Tribe Rural Water System Loan Authorization Act
PL 110-390 (S.3128), enacted 10/10/2008

122 STAT. 4191 
PUBLIC LAW 110–390—OCT. 10, 2008 
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 compo-
nents, 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 pursu-
ant 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. 
(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 EDU-
CATION
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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