Sec. 8. Irrigation activities
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Subject to the availability of appropriations, the Secretary, acting through the Commissioner, shall, in accordance with subsection (b), carry out the following activities relating to the Flathead Indian irrigation project: Rehabilitation of structures, canals, and pumping facilities, including dam safety improvements, irrigation facility upgrades that improve water management and operational control at irrigation diversion works, and irrigation facility upgrades to reduce losses in conveyance of water from irrigation sources of supply to irrigation points of use. Rehabilitation activities under subparagraph
(A)include reconstruction, replacement, and automation at irrigation diversion works, lining of open canals, and placement of open canals in pipe. Modernization, including the planning, design, and construction of additional pumping facilities and operational improvements to infrastructure within the distribution network of the Flathead Indian irrigation project. Mitigation, reclamation, and restoration of streams, wetlands, banks, slopes, and wasteways within, appurtenant to, or affected by the Flathead Indian irrigation project. Acquisition, in accordance with subsection (e), of easements or other interests in real property necessary to carry out any activity under this section. The Bureau of Reclamation shall serve as the lead agency with respect to any activity carried out under this section. Subject to the conditions described in subparagraph (B), the scope of a rehabilitation activity under subsection (a)(1) shall be as generally described in— the document entitled Engineering Evaluation and Condition Assessment: Flathead Indian Irrigation Project , prepared by HKM Engineering for the Bureau of Indian Affairs, Division of Irrigation, Power, and Safety of Dams, and dated March 2008; and the document entitled Update Engineering Evaluation of Existing Conditions: Flathead Agency Irrigation Division
(FAID), prepared by HKM Engineering for the Confederated Salish and Kootenai Tribes, and dated July 2005. The conditions referred to in subparagraph
(A)are that, before carrying out the activity, the Secretary shall— review the design of the proposed activity; perform value engineering analyses relating to the proposed activity; and perform appropriate Federal environmental compliance activities relating to the proposed activity. Subject to the conditions described in subparagraph (B), the scope of a modernization activity under subsection (a)(2) shall be as generally described in— the document entitled Flathead Indian Irrigation Project Modernization Plan and prepared for the Bureau of Indian Affairs Division of Water; and the document entitled Power by Irrigation Technology Research Center at the Department of Agricultural Engineering at California Polytechnic State University . The conditions referred to in subparagraph
(A)are that, before carrying out the activity, the Secretary shall— review the design of the proposed activity; perform value engineering analyses relating to the proposed activity; and perform appropriate Federal environmental compliance activities relating to the proposed activity. Subject to the conditions described in subparagraph (B), the scope of a mitigation, reclamation, and restoration activity under subsection (a)(3) shall be as generally described in the document entitled Final Biological Assessment for Operation and Maintenance of the Flathead Indian Irrigation Project, Including Transfer , prepared by the United States Department of the Interior, Bureau of Indian Affairs, and dated January 2008. The conditions referred to in subparagraph
(A)are that, before carrying out the activity, the Secretary shall— plan and design the activity; perform value engineering analyses relating to the activity; and perform appropriate Federal environmental compliance activities relating to the activity. After reviewing the design of a proposed activity under paragraphs (1)(B)(i), (2)(B)(i), and (3)(B)(i) and before carrying out the activity, the Secretary shall negotiate with the Tribes appropriate changes to the final design of the activity to ensure that the final design complies with applicable— industry standards; and tribal natural resources management plans. The total amount of obligations incurred by the Secretary in carrying out this section shall not exceed $1,519,408,000, of which— $471,071,000 shall be allocated to carry out the activities under subsection (a)(1); $377,901,000 shall be allocated to carry out the activities under subsection (a)(2); and $670,436,000 shall be allocated to carry out the activities under subsection (a)(3). All costs incurred by the Secretary in carrying out this section shall be nonreimbursable. No part of an activity under paragraph
(1)or
(2)of subsection
(a)shall be commenced until the State has made available $55,000,000 to carry out those activities. Subject to subparagraph (B), the Commissioner and the Tribes shall negotiate the cost of any oversight activity carried out by the Bureau of Reclamation under any agreement entered into under subsection (g). The total cost described in subparagraph
(A)shall not exceed 3 percent of the total project costs for each project. If the total cost of planning, design, and construction activities of the Flathead Indian irrigation project described in subsection
(a)results in cost savings and is less than the amounts authorized to be obligated, the Secretary, on request of the Tribes, may transfer an amount equal to those cost savings to one or more accounts established under section 10(b). The Secretary, acting through the Director of the Bureau of Indian Affairs, shall enter into an agreement with the Tribes for the operation and maintenance of the Flathead Indian irrigation project in accordance with applicable law, including section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381 ). On request of the Secretary, as a condition of receiving benefits under this section, the Tribes shall grant, at no cost to the United States, such easements and rights-of-way over the land of the Tribes as are necessary for construction relating to activities under subsection (a). An easement or right-of-way granted by the Tribes under subparagraph
(A)shall not affect in any respect the civil or criminal jurisdiction of the Tribes over the easement or right-of-way. In partial consideration for construction relating to activities under subsection
(a)and as a condition of receiving service from the Flathead Indian irrigation project or the Mission Valley Power Project, a landowner shall grant, at no cost to the United States or the Tribes, such easements and rights-of-way over the land of the landowner as are necessary for the construction, rehabilitation, operation, and maintenance of the Flathead Indian irrigation project or the Mission Valley Power Project. Any land acquired within the Reservation by the United States or the Tribes relating to construction relating to activities under subsection
(a)shall be held in trust by the United States for the benefit of the Tribes. On request of the Tribes, the Secretary shall enter into one or more agreements with the Tribes in accordance with the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. ) to carry out this section. Nothing in this section— alters any applicable law under which the Bureau of Indian Affairs collects assessments or carries out the operation and maintenance of the Flathead Indian irrigation project; or affects the availability of amounts made available under section 9(m) or 10(f).
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- 24 Stat. 390
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