Sec. 8. Milk River Project
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The Commissioner, in consultation with the Assistant Secretary for Indian Affairs, the Fort Belknap Indian Community, the Joint Board, and other affected stakeholders, shall modify the operating procedures of the Milk River Project as the Commissioner determines to be necessary to ensure that the Fresno Reservoir is operated in accordance with article III.A.2. and article IV.E. of the Compact. The Commissioner shall carry out such actions as the Commissioner determines to be necessary to provide a more equitable accounting of the 1/7 share of the Fort Belknap Indian Community to the Fresno Reservoir total quantity of stored water available for use during each irrigation season from the waters of the Milk River that are impounded and stored in the Fresno Reservoir under the agreement between the Commissioner and the Assistant Secretary of Indian Affairs relating to the Milk River Project, numbered I–1–Ind. 18725, and dated July 8, 1946.
In addition to the 1/7 share described in clause (i), the Commissioner shall take into consideration and fully account for the right of the Fort Belknap Indian Community to the Milk River consistent with article III.A.1. of the Compact. Any water stored on behalf of the Fort Belknap Indian Community in the Fresno Reservoir that is available at the end of each irrigation season shall be released downstream, in a manner to be determined by the Fort Belknap Indian Community, for storage in the proposed Fort Belknap Reservoir.
The Commissioner and the Assistant Secretary for Indian Affairs may jointly amend the agreement referred to in clause
(i)as the Commissioner and the Assistant Secretary determine to be necessary to provide for an equitable accounting of the share of the Fort Belknap Indian Community described in clause (i). The Secretary may make such modifications to the federally owned facilities of the Milk River Project as the Secretary determines to be necessary to satisfy the applicable mitigation requirements of the Compact. The Secretary, acting through the Commissioner, the Director of the Bureau of Indian Affairs, the Director of the United States Geological Survey, the Director of the United States Fish and Wildlife Service, and the Director of the Bureau of Land Management, may participate in the Milk River Coordinating Committee pursuant to article IV.C. of the Compact. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Milk River Coordinating Committee. The Secretary may— maintain a publicly accessible database of diversions from the Milk River made— pursuant to the Milk River Project; under applicable contracts; and by the Fort Belknap Indian Community; and provide such other technical support as the Milk River Coordinating Committee may request, including the maintenance of gages necessary to account for daily diversions from the Milk River. Notwithstanding article IV.C.11. of the Compact, the Secretary (acting through the Commissioner), and in consultation with the Milk River Coordinating Committee, shall develop an accounting for the coordination of storage and release of water from Federal storage facilities within the federally owned portion of the Milk River Project. The State, in consultation with the Secretary, the Fort Belknap Indian Community, the Joint Board, and other affected stakeholders, shall use funds made available under subsection
(d)and section 12(f) to provide grants for projects for mitigation of the Milk River Project in accordance with— article VI.B. of the Compact; and this Act. To be eligible to receive a grant under this subsection, the owner or operator of a project described in paragraph
(1)shall submit to the State an application at such time, in such manner, and containing such information as the State may require. The State may delegate any portion of the responsibility of the State under this subsection to any entity organized in accordance with applicable Federal and State laws. The Secretary shall ensure that each project that receives Federal funds under this subsection is carried out in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). The Secretary shall treat as a State contribution to mitigation of the Milk River Project— the difference between— the $9,500,000 authorized by the Act of April 28, 2005 (chapter 499, section 2(2), 2005 Mont. Laws 1978); and the $5,000,000 requested from the State under section 11(i); and any other funds allocated or previously expended by the State to carry out activities under subsection (a). The Secretary shall request that the State provide, in addition to the amounts described in paragraph (1)— $3,500,000 for purposes of mitigation and watershed improvement activities described in the Compact; and an amount equal to $4,000,000 of in-kind contributions for technical, modeling, and other services for purposes of identifying, supporting, and enhancing water use and management in the Milk River. A contribution by the State under this subsection shall be counted towards fulfillment of the obligation of the State under article VI.B. of the Compact. Subject to applicable State law, amounts provided by the State under this subsection may be expended at any time after the date on which funds are provided. Not less frequently than once each year, the Secretary shall request that the State submit to the Fort Belknap Indian Community an accounting of any funds expended by the State under this subsection during the preceding calendar year. Section 3705(e)(1) of the Blackfeet Water Rights Settlement Act ( Public Law 114–322 ; 130 Stat. 1818) is amended by striking shall establish, and inserting shall establish, by not later than 1 year after the date on which that 3-year period ends, .
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- 130 Stat. 1818
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