Sec. 3707. BUREAU OF RECLAMATION ACTIVITIES TO IMPROVE WATER MANAGEMENT
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## SEC. 3707 BUREAU OF RECLAMATION ACTIVITIES TO IMPROVE WATER MANAGEMENT ###
(a)Milk River Project Purposes The purposes of the Milk River Project shall include— ####
(1)irrigation; ####
(2)flood control; ####
(3)the protection of fish and wildlife; ####
(4)recreation; ####
(5)the provision of municipal, rural, and industrial water supply; and ####
(6)hydroelectric power generation. ###
(b)Use of Milk River Project Facilities for the Benefit of Tribe The use of Milk River Project facilities to transport water for the Tribe pursuant to subsections
(c)and
(e)of section 3706, together with any use by the Tribe of that water in accordance with this subtitle— ####
(1)shall be considered to be an authorized purpose of the Milk River Project; and ####
(2)shall not change the priority date of any Tribal water rights. ###
(c)St. Mary River Studies ####
(1)In general Subject to the availability of appropriations, the Secretary, in cooperation with the Tribe and the State, shall conduct— #####
(A)an appraisal study— ######
(i)to develop a plan for the management and development of water supplies in the St. Mary River Basin and Milk River Basin, including the St. Mary River and Milk River water supplies for the Tribe and the Milk River water supplies for the Fort Belknap Indian Community; and ######
(ii)to identify alternatives to develop additional water of the St. Mary River for the Tribe; and #####
(B)a feasibility study— ######
(i)using the information resulting from the appraisal study conducted under subparagraph
(A)and such other information as is relevant, to evaluate the feasibility of— ######
(I)alternatives for the rehabilitation of the St. Mary Diversion Dam and Canal; and ######
(II)increased storage in Fresno Dam and Reservoir; and ######
(ii)to create a cost allocation study that is based on the authorized purposes described in subsections
(a)and (b). ####
(2)Cooperative agreement On request of the Tribe, the Secretary shall enter into a cooperative agreement with the Tribe with respect to the portion of the appraisal study described in paragraph (1)(A). ####
(3)Costs nonreimbursable The cost of the studies under this subsection shall not be— #####
(A)considered to be a cost of the Milk River Project; or #####
(B)reimbursable in accordance with the reclamation laws. ###
(d)Swiftcurrent Creek Bank Stabilization ####
(1)In general Subject to the availability of appropriations, the Secretary, acting through the Commissioner of Reclamation, shall carry out appropriate activities concerning the Swiftcurrent Creek Bank Stabilization Project, including— #####
(A)a review of the final project design; and #####
(B)value engineering analyses. ####
(2)Modification of final design Prior to beginning construction activities for the Swiftcurrent Creek Bank Stabilization Project, on the basis of the review conducted under paragraph (1), the Secretary shall negotiate with the Tribe appropriate changes, if any, to the final design— #####
(A)to ensure compliance with applicable industry standards; #####
(B)to improve the cost-effectiveness of the Swiftcurrent Creek Bank Stabilization Project; and #####
(C)to ensure that the Swiftcurrent Creek Bank Stabilization Project may be constructed using only the amounts made available under section 3718. ####
(3)Applicability of ISDEAA At the request of the Tribe, and in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.), the Secretary shall enter into 1 or more agreements with the Tribe to carry out the Swiftcurrent Bank Stabilization Project. ###
(e)Administration The Commissioner of Reclamation and the Tribe shall negotiate the cost of any oversight activity carried out by the Bureau of Reclamation under any agreement entered into under this section, subject to the condition that the total cost for the oversight shall not exceed 4 percent of the total costs incurred under this section. ###
(f)Milk River Project Rights-of-Way and Easements ####
(1)In general Subject to paragraphs
(2)and (3), the Tribe shall grant the United States a right-of-way on Reservation land owned by the Tribe for all uses by the Milk River Project (permissive or otherwise) in existence as of December 31, 2015, including all facilities, flowage easements, and access easements necessary for the operation and maintenance of the Milk River Project. ####
(2)Agreement regarding existing uses The Tribe and the Secretary shall enter into an agreement for a process to determine the location, nature, and extent of the existing uses referenced in this subsection. The agreement shall require that— #####
(A)a panel of three individuals determine the location, nature, and extent of existing uses necessary for the operation and maintenance of the Milk River Project (the “Panel Determination”), with the Tribe appointing one representative of the Tribe, the Secretary appointing one representative of the Secretary, and those two representatives jointly appointing a third individual; #####
(B)if the Panel Determination is unanimous, the Tribe grant a right-of-way to the United States for the existing uses identified in the Panel Determination in accordance with applicable law without additional compensation; #####
(C)if the Panel Determination is not unanimous— ######
(i)the Secretary adopt the Panel Determination with any amendments the Secretary reasonably determines necessary to correct any clear error (the “Interior Determination”), provided that if any portion of the Panel Determination is unanimous, the Secretary will not amend that portion; and ######
(ii)the Tribe grant a right-of-way to the United States for the existing uses identified in the Interior Determination in accordance with applicable law without additional compensation, with the agreement providing for the timing of the grant to take into consideration the possibility of review under paragraph (5). ####
(3)Effect Determinations made under this subsection— #####
(A)do not address title as between the United States and the Tribe; and #####
(B)do not apply to any new use of Reservation land by the United States for the Milk River Project after December 31, 2015. ####
(4)Interior determination as final agency action Any determination by the Secretary under paragraph (2)(C) shall be considered to be a final agency action for purposes of review under chapter 7 of title 5, United States Code. ####
(5)Judicial review An action for judicial review pursuant to this section shall be brought by not later than the date that is 1 year after the date of notification of the Interior Determination. ###
(g)Funding The total amount of obligations incurred by the Secretary, prior to any adjustment provided for in section 3718, shall not exceed— ####
(1)$3,800,000 to carry out subsection (c); ####
(2)$20,700,000 to carry out subsection (d); and ####
(3)$3,100,000 to carry out subsection (f).
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Sec. 3707
BUREAU OF RECLAMATION ACTIVITIES TO IMPROVE WATER MANAGEMENT
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