Sec. 3708. ST. MARY CANAL HYDROELECTRIC POWER GENERATION

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## SEC. 3708 ST. MARY CANAL HYDROELECTRIC POWER GENERATION ###

(a)Bureau of Reclamation Jurisdiction Effective beginning on the date of enactment of this Act, the Commissioner of Reclamation shall have exclusive jurisdiction to authorize the development of hydropower on the St. Mary Unit. ###

(b)Rights of Tribe ####

(1)Exclusive right of tribe Subject to paragraph

(2)and notwithstanding any other provision of law, the Tribe shall have the exclusive right to develop and market hydroelectric power of the St. Mary Unit. ####

(2)Limitations The exclusive right described in paragraph (1)— #####

(A)shall expire on the date that is 15 years after the date of enactment of an Act appropriating funds for rehabilitation of the St. Mary Unit; but #####

(B)may be extended by the Secretary at the request of the Tribe. ####

(3)OM&R Costs Effective beginning on the date that is 10 years after the date on which the Tribe begins marketing hydroelectric power generated from the St. Mary Unit to any third party, the Tribe shall make annual payments for OM&R costs attributable to the direct use of any facilities by the Tribe for hydroelectric power generation, in amounts determined in accordance with the guidelines and methods of the Bureau of Reclamation for assessing OM&R charges. ###

(c)Bureau of Reclamation Cooperation The Commissioner of Reclamation shall cooperate with the Tribe in the development of any hydroelectric power generation project under this section. ###

(d)Agreement Before construction of a hydroelectric power generation project under this section, the Tribe shall enter into an agreement with the Commissioner of Reclamation that includes provisions— ####

(1)requiring that— #####

(A)the design, construction, and operation of the project shall be consistent with the Bureau of Reclamation guidelines and methods for hydroelectric power development at Bureau facilities, as appropriate; and #####

(B)the hydroelectric power generation project will not impair the efficiencies of the Milk River Project for authorized purposes; ####

(2)regarding construction and operating criteria and emergency procedures; and ####

(3)under which any modification proposed by the Tribe to a facility owned by the Bureau of Reclamation shall be subject to review and approval by the Secretary, acting through the Commissioner of Reclamation. ###

(e)Use of Hydroelectric Power by Tribe Any hydroelectric power generated in accordance with this section shall be used or marketed by the Tribe. ###

(f)Revenues The Tribe shall collect and retain any revenues from the sale of hydroelectric power generated by a project under this section. ###

(g)Liability of United States The United States shall have no obligation to monitor, administer, or account for— ####

(1)any revenues received by the Tribe under this section; or ####

(2)the expenditure of those revenues. ###

(h)Preference During any period for which the exclusive right of the Tribe described in subsection (b)(1) is not in effect, the Tribe shall have a preference to develop hydropower on the St. Mary Unit facilities, in accordance with Bureau of Reclamation guidelines and methods for hydroelectric power development at Bureau facilities.