Sec. 8. Milk River Project mitigation
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In complete satisfaction of the Milk River Project mitigation requirements provided for in Article VI.B. of the Compact, the Secretary, acting through the Commissioner— in cooperation with the State and the Blackfeet Tribe, shall carry out appropriate activities concerning the restoration of the St. Mary Canal and associated facilities, including activities relating to the— planning and design to restore the St. Mary Canal and appurtenances to convey 850 cubic-feet per second; and rehabilitating, constructing, and repairing of the St.
Mary Canal and appurtenances; and in cooperation with the State and the Fort Belknap Indian Community, shall carry out appropriate activities concerning the enlargement of Dodson South Canal and associated facilities, including activities relating to the— planning and design to enlarge Dodson South Canal and headworks at the upstream end of Dodson South Canal to divert and convey 700 cubic-feet per second; and rehabilitating, constructing, and enlarging the Dodson South Canal and headworks at the upstream end of Dodson South Canal to divert and convey 700 cubic-feet per second.
The total amount of obligations incurred by the Secretary, prior to any adjustments provided for in section 14(b), shall not exceed $300,000,000 to carry out activities described in subsection (c)(1). Notwithstanding any provision of the Compact, the mitigation required by Article VI.B. of the Compact shall be deemed satisfied if— the Secretary has— restored the St. Mary Canal and associated facilities to convey 850 cubic-feet per second; and enlarged the Dodson South Canal and headworks at the upstream end of Dodson South Canal to divert and convey 700 cubic-feet per second; or the Secretary— has expended all of the available funding provided pursuant to section 14(a)(1)(D) to rehabilitate the St.
Mary Canal and enlarge the Dodson South Canal; and despite diligent efforts, could not complete the activities described in subsection (a). The costs to the Secretary of carrying out this section shall be nonreimbursable.