FORT McDOWELL INDIAN COMMUNITY DEVELOPMENT FUND; LOAN.

SEC. 408. FORT McDOWELL INDIAN COMMUNITY DEVELOPMENT FUND; LOAN. (a) As soon as practicable, the Community shall establish the Fort McDowell Indian Community Development Fund into which shall be deposited— (1) by the Secretary, the funds appropriated pursuant to subsection (b) of this section; and 104 STAT. 4489 (2) by the State of Arizona, $2,000,000 required by paragraph 21.4 of the Agreement. (b) There is hereby authorized to be appropriated, together with interest accruing from one year after the date of enactment of this Act at a rate determined by the Secretary of the Treasury taking into account the average market yield on outstanding Federal obligations of comparable maturity, $23,000,000 which the Secretary shall deposit into the Community Development Fund for the Community to use in the design and construction of facilities to put to beneficial use the Community’s water entitlement and for other economic and community development on the Fort McDowell Indian Reservation. (c) As of the date the authorizations contained in section 409(b) of this Act become effective, the Community, in its discretion, may use the Development Fund, principal and income, to fulfill the purposes of the Agreement and this title: Provided, That no amount of the Federal or State appropriations deposited into the Development Fund may be used to make per capita payments to members of the Community. (d) As of the date the authorizations contained in section 409(b) of this Act become effective— (1) the Secretary shall have no further duties or responsibilities with respect to the administration of, or expenditures from, the Development Fund, and (2) the United States shall not be liable for any claim or cause of action arising from the Community’s use and expenditure of moneys from the Development Fund. (e) The Secretary is authorized and directed to provide to the Community a loan pursuant to the Small Reclamation Projects Act (Ch. 972, 70 Stat. 1044, 43 U.S.C. 422a, as amended), in the amount of $13,000,000, to be repaid over a term of fifty years without interest, for the purpose of constructing facilities for the conveyance and delivery of water on the Fort McDowell Indian Reservation: Provided, That any requirements for qualifying for the loan are hereby waived, including, but not limited to, the provisions of section 3, 4(b)(2), 5(a) and 5(c) of the Small Reclamation Projects Act. (1) The Community shall establish an account into which the Community shall deposit $1,000,000. The principal and all accrued income shall be retained in such fund until such time as the Community’s obligation to repay the loan under subsection (e) is fulfilled. (2) No appropriations for the construction of the CAP made after the date of enactment of this Act shall be used to plan, design, construct, or operate any facilities on the Fort McDowell Indian Reservation.