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 an 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 Project 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.
The accounting under clause
(i)shall include monthly calculations of the 1/7 share of stored water of the Fort Belknap Indian Community. 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 shall retain the fiscal responsibilities described in the agreement described in paragraph (1)(B)(i), including the responsibility for construction costs and annual operation and maintenance charges, that support the continued right of the Fort Belknap Indian Community to the 1/7 share of water stored in the Fresno Reservoir. 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. Consistent with the agreement of the Federal Government, the State, and the Fort Belknap Indian Community to provide mitigation measures to address impacts on the water users of the Milk River Project, in accordance with article VI.B. of the Compact and this Act— except as provided in subclause (II), the total cost of such mitigation measures shall not exceed $69,500,000, adjusted to reflect changes in construction cost indices from January 1, 2021, that are applicable to the types of construction involved in the activities described for mitigation activities; and if the studies by the State and Federal Government require a cost to support such mitigation measures that is greater than $69,500,000, the total cost of such mitigation shall be such amount as is identified in the studies, and such amount is hereby approved; and the State and the Federal Government shall enter into a cost-share agreement by not later than 1 year after the date of enactment of this Act to contribute to the cost of such mitigation measures. Any amount paid by the State or the Federal Government under the cost-share agreement entered into pursuant to clause
(ii)of subparagraph
(A)shall be counted toward the fulfillment of the obligation of the State or the Federal Government, respectively, under the agreement described in the matter preceding clause
(i)of that subparagraph. 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.). Subject to applicable State law, funds 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 4 years after the date on which that 3-year period ends, .
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- 130 Stat. 1818
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