Sec. 10. Irrigation activities
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The Secretary, acting through the Commissioner of Reclamation and consistent with subsection (c), shall carry out the following actions relating to the Blackfeet Irrigation Project: Deferred maintenance. Dam safety improvements for Four Horns Dam. Rehabilitation and enhancement of the Four Horns Feeder Canal, Dam, and Reservoir in accordance with the Birch Creek Agreement. The Bureau of Reclamation shall serve as the lead agency with respect to any activities carried out under this section.
The scope of the deferred maintenance activities and Four Horns Dam safety improvements shall be as generally described in the document entitled Engineering Evaluation and Condition Assessment, Blackfeet Irrigation Project , prepared by DOWL HKM, and dated August 2007, and the Four Horns Rehabilitated Dam sections of Four Horns Dam Enlarged Appraisal Evaluation Design Report , prepared by HKM, and dated April 2007, subject to the condition that, before commencing construction activities, the Secretary shall— review the design of the proposed rehabilitation or improvement; perform value engineering analyses; and perform appropriate Federal environmental compliance activities.
The scope of the rehabilitation and improvements shall be as generally described in the document entitled Four Horns Feeder Canal Rehabilitation with Export , prepared by DOWL HKM, and dated April 2013, subject to the condition that, before commencing construction activities, the Secretary shall— review the design of the proposed rehabilitation or improvement; perform value engineering analyses; and perform appropriate Federal environmental compliance activities. The activities carried out by the Secretary under this subsection shall include— the rehabilitation or improvement of the Four Horns feeder canal system to a capacity of not fewer than 360 cubic feet per second; the rehabilitation or improvement of the outlet works of Four Horns Dam and Reservoir to deliver 15,000 acre-feet of water per year, in accordance with subparagraph (C); and construction of facilities to deliver 15,000 acre-feet of water per year from Four Horns Dam and Reservoir, to a point on or near Birch Creek to be designated by the Tribe and the State for delivery of water to the water delivery system of the Pondera County Canal and Reservoir Company on Birch Creek, in accordance with the Birch Creek Agreement.
On the basis of the review described in paragraph (1)(A), the Secretary shall negotiate with the Tribe appropriate changes to the final design of any activity under this subsection to ensure that the final design meets applicable industry standards. The total amount of obligations incurred by the Secretary in carrying out this section shall not exceed $54,900,000, of which— $40,900,000 shall be allocated to carry out the activities under subsection (c); and $14,000,000 shall be allocated to carry out the activities under subsection (d)(2).
All costs incurred by the Secretary in carrying out this section shall be nonreimbursable. No part of the project under subsection (d)(2) shall be commenced until the State has made available $20,000,000 to carry out the activities under that subsection. The Commissioner of Reclamation and the Tribe shall negotiate the cost of any oversight activity carried out by the Bureau of Reclamation under any agreement entered into under subsection (m), subject to the condition that the total cost for the oversight shall not exceed 4 percent of the total project costs for each project.
If the total cost of planning, design, and construction activities of the projects described in this section results in cost savings and is less than the amounts authorized to be obligated, the Secretary, at the request of the Tribe, may— use those cost savings to carry out the projects described in sections 7(c), 11, or 12; or transfer those cost savings to the Blackfeet OM&R Trust Account. Notwithstanding any other provision of law, on receipt of a request by the Tribe, the Secretary, at the discretion of the Secretary, may transfer to the Tribe, at no cost, title in and to each facility, asset, and other property of the Blackfeet Irrigation Project.
Notwithstanding any other provision of law, the Secretary shall transfer to the Tribe, at no cost, title in and to the facilities constructed under subsection (d)(2)(C) together with any associated personalty. On transfer of title under subsection (j)(2) to the Tribe of the facilities constructed under subsection (d)(2)(C), the Tribe shall— be responsible for OM&R in accordance with the Birch Creek Agreement; and enter into an agreement with the Bureau of Indian Affairs for the operation of the facilities described in that subsection.
The United States shall have no obligations or responsibilities with respect the facilities described in subsection (d)(2)(C). At the request of the Tribe and in accordance with the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. ), the Secretary shall enter into 1 or more agreements with the Tribe to carry out this section. Nothing in this section alters applicable law (including regulations) under which the Bureau of Indian Affairs collects assessments and carries out Blackfeet Irrigation Project OM&R, or impacts the availability of amounts made available under subsections
(a)and (b)(2) of section 15.
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Sec. 10
Irrigation activities
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