[110th Congress Public Law 390]
[From the U.S. Government Printing Office]
[DOCID: f:publ390.110]
[[Page 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. <<NOTE: Oct. 10, 2008 - [S. 3128]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: White
Mountain Apache Tribe Rural Water System Loan Authorization Act.>>
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 <<NOTE: Deadline.>> 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.
[[Page 122 STAT. 4192]]
(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 <<NOTE: Deadline.>> 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.
LEGISLATIVE HISTORY--S. 3128:
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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.
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