Sec. 9. Fort Belknap Indian Irrigation Project System
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Subject to the availability of appropriations, the Secretary shall rehabilitate, modernize, and expand the Fort Belknap Indian Irrigation Project, as generally described in the document of Natural Resources Consulting Engineers, Inc., entitled Fort Belknap Indian Community Comprehensive Water Development Plan and dated February 2019, which shall include— planning, studies, and designing of the existing and expanded Milk River unit, including the irrigation system, Pumping Plant, delivery pipe and canal, Fort Belknap Dam and Reservoir, and Peoples Creek Flood Protection Project; the rehabilitation, modernization, and construction of the existing Milk River unit; and construction of the expanded Milk River unit, including the irrigation system, Pumping Plant, delivery pipe and canal, Fort Belknap Dam and Reservoir, and Peoples Creek Flood Protection Project.
The Bureau of Indian Affairs, in coordination with the Bureau of Reclamation, shall serve as the lead agency with respect to any activities carried out under this section. The Secretary shall consult with the Fort Belknap Indian Community on appropriate changes to the final design and costs of any activity under this section. The total amount of obligations incurred by the Secretary in carrying out this section, prior to any adjustment provided for in section 14(b), shall not exceed $415,832,153.
All costs incurred by the Secretary in carrying out this section shall be nonreimbursable. The Secretary and the Fort Belknap Indian Community shall negotiate the cost of any oversight activity carried out by the Bureau of Indian Affairs or the Bureau of Reclamation under any agreement entered into under subsection (j), subject to the condition that the total cost for the oversight shall not exceed 3 percent of the total project costs for each project. Not later than 1 year after the date of enactment of this Act, the Secretary shall facilitate the formation of a project management committee composed of representatives of the Bureau of Indian Affairs, the Bureau of Reclamation, and the Fort Belknap Indian Community— to review and make recommendations relating to cost factors, budgets, and implementing the activities for rehabilitating, modernizing, and expanding the Fort Belknap Indian Irrigation Project; and to improve management of inherently governmental activities through enhanced communication.
If the total cost of planning, studies, design, rehabilitation, modernization, and construction activities relating to the projects described in subsection
(a)results in cost savings and is less than the amounts authorized to be obligated, the Secretary, at the request of the Fort Belknap Indian Community, shall deposit those savings in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account established under section 12(b)(2). Any activities carried out pursuant to this section that result in improvements, additions, or modifications to the Fort Belknap Indian Irrigation Project shall— become a part of the Fort Belknap Indian Irrigation Project; and be recorded in the inventory of the Secretary relating to the Fort Belknap Indian Irrigation Project. At the request of the Fort Belknap Indian Community, and in accordance with the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ), the Secretary shall enter into agreements with the Fort Belknap Indian Community to carry out all or a portion of this section. Nothing in this section— alters any applicable law under which the Bureau of Indian Affairs collects assessments or carries out the operations and maintenance of the Fort Belknap Indian Irrigation Project; or impacts the availability of amounts under section 14. The obligations of the Secretary under subsection
(a)shall be deemed satisfied if the Secretary— has rehabilitated, modernized, and expanded the Fort Belknap Indian Irrigation Project in accordance with subsection (a); or has expended all of the available funding provided pursuant to paragraphs (1)(C) and (2)(A)(iv) of section 14(a); and despite diligent efforts, could not complete the activities described in subsection (a).
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Sec. 9
Fort Belknap Indian Irrigation Project System
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