Sec. 9012. Design and construction of water storage and irrigation facilities
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Subject to the availability of appropriations, the Secretary, acting through the Commissioner of Reclamation, shall plan, design, and construct 1 or more facilities to store water and support irrigation on the Reservation in accordance with 1 or more agreements between the Secretary and the Tribe. The Bureau of Reclamation shall serve as the lead agency with respect to any activity to design and construct the irrigation development and water storage facilities described in subsection (c).
The scope of the design and construction under this section shall be as generally described in the document entitled Blackfeet Water Storage, Development, and Project Report , prepared by DOWL HKM, and dated March 13, 2013, as modified and agreed to by the Secretary and the Tribe, subject to the condition that, before commencing final design and construction activities, the Secretary shall— review the design of the proposed construction; perform value engineering analyses; and perform appropriate Federal compliance activities.
The Secretary may modify the scope of construction for the projects described in the document referred to in paragraph (1), if— the modified project is— similar in purpose to the proposed projects; and consistent with the purposes of this title; and the Secretary has consulted with the Tribe regarding any modification. On the basis of the review described in paragraph (1)(A), the Secretary shall negotiate with the Tribe appropriate changes, if any, to the final design— to ensure that the final design meets applicable industry standards; to improve the cost-effectiveness of any construction; and to ensure that the projects may be constructed using only the amounts made available under section 9018.
All costs incurred by the Secretary in carrying out this section shall be nonreimbursable. The total amount of obligations incurred by the Secretary in carrying out this section shall not exceed $87,300,000. Title to all facilities rehabilitated or constructed under this section shall be held by the Tribe, except that title to the Birch Creek Unit of the Blackfeet Indian Irrigation Project shall remain with the Bureau of Indian Affairs. 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 this section, subject to the condition that the total cost for the oversight shall not exceed 4 percent of the total costs incurred under this section.
The Federal Government shall have no obligation to pay for the operation, maintenance, or replacement costs for the facilities rehabilitated or constructed under this section. If the total cost of planning, design, and construction activities relating to 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 a project described in section 9007(d), 9010, 9011, or 9013; or deposit those cost savings to the Blackfeet OM&R Trust Account.
At the request of the Tribe, and in accordance with the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ), the Secretary shall enter into 1 or more agreements with the Tribe to carry out this section.
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Sec. 9012
Design and construction of water storage and irrigation facilities
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