Sec. 3710. IRRIGATION ACTIVITIES
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## SEC. 3710 IRRIGATION ACTIVITIES ###
(a)In general Subject to the availability of appropriations, the Secretary, acting through the Commissioner of Reclamation and in accordance with subsection (c), shall carry out the following actions relating to the Blackfeet Irrigation Project: ####
(1)Deferred maintenance. ####
(2)Dam safety improvements for Four Horns Dam. ####
(3)Rehabilitation and enhancement of the Four Horns Feeder Canal, Dam, and Reservoir. ###
(b)Lead agency The Bureau of Reclamation shall serve as the lead agency with respect to any activities carried out under this section. ###
(c)Scope of Deferred Maintenance Activities and Four Horns Dam Safety Improvements ####
(1)In general Subject to the conditions described in paragraph (2), the scope of the deferred maintenance activities and Four Horns Dam safety improvements shall be as generally described in— #####
(A)the document entitled “Engineering Evaluation and Condition Assessment, Blackfeet Irrigation Project”, prepared by DOWL HKM, and dated August 2007; and #####
(B)the provisions relating to Four Horns Rehabilitated Dam of the document entitled “Four Horns Dam Enlarged Appraisal Evaluation Design Report”, prepared by DOWL HKM, and dated April 2007. ####
(2)Conditions The conditions referred to in paragraph
(1)are that, before commencing construction activities, the Secretary shall— #####
(A)review the design of the proposed rehabilitation or improvement; #####
(B)perform value engineering analyses; #####
(C)perform appropriate Federal environmental compliance activities; and #####
(D)ensure that the deferred maintenance activities and dam safety improvements may be constructed using only the amounts made available under section 3718. ###
(d)Scope of Rehabilitation and Enhancement of Four Horns Feeder Canal, Dam, and Reservoir ####
(1)In general The scope of the rehabilitation and improvements shall be as generally described in the document entitled “Four Horns Feeder Canal Rehabilitation with Export”, prepared by DOWL HKM, and dated April 2013, subject to the condition that, before commencing construction activities, the Secretary shall— #####
(A)review the design of the proposed rehabilitation or improvement; #####
(B)perform value engineering analyses; #####
(C)perform appropriate Federal environmental compliance activities; and #####
(D)ensure that the rehabilitation and improvements may be constructed using only the amounts made available under section 3718. ####
(2)Inclusions The activities carried out by the Secretary under this subsection shall include— #####
(A)the rehabilitation or improvement of the Four Horns feeder canal system to a capacity of not fewer than 360 cubic feet per second; #####
(B)the rehabilitation or improvement of the outlet works of Four Horns Dam and Reservoir to deliver not less than 15,000 acre-feet of water per year, in accordance with subparagraph (C); and #####
(C)construction of facilities to deliver not less than 15,000 acre-feet of water per year from Four Horns Dam and Reservoir, to a point on or near Birch Creek to be designated by the Tribe and the State for delivery of water to the water delivery system of the Pondera County Canal and Reservoir Company on Birch Creek, in accordance with the Birch Creek Agreement. ####
(3)Negotiation with tribe On the basis of the review described in paragraph (1)(A), the Secretary shall negotiate with the Tribe appropriate changes to the final design of any activity under this subsection to ensure that the final design meets applicable industry standards. ###
(e)Funding The total amount of obligations incurred by the Secretary in carrying out this section, prior to any adjustment provided for in section 3718, shall not exceed $54,900,000, of which— ####
(1)$40,900,000 shall be allocated to carry out the activities described in subsection (c); and ####
(2)$14,000,000 shall be allocated to carry out the activities described in subsection (d)(2). ###
(f)Nonreimbursability of Costs All costs incurred by the Secretary in carrying out this section shall be nonreimbursable. ###
(g)Non-Federal Contribution No part of the project under subsection
(d)shall be commenced until the State has made available $20,000,000 to carry out the activities described in subsection (d)(2). ###
(h)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 subsection (m), subject to the condition that the total cost for the oversight shall not exceed 4 percent of the total project costs for each project. ###
(i)Project Efficiencies If the total cost of planning, design, and construction activities relating to the projects described in this section results in cost savings and is less than the amounts authorized to be obligated, the Secretary, at the request of the Tribe, may— ####
(1)use those cost savings to carry out a project described in section 3707(d), 3711, 3712, or 3713; or ####
(2)deposit those cost savings to the Blackfeet OM&R Trust Account. ###
(j)Ownership by Tribe of Birch Creek Delivery Facilities Notwithstanding any other provision of law, the Secretary shall transfer to the Tribe, at no cost, title in and to the facilities constructed under subsection (d)(2)(C). ###
(k)Ownership, Operation, and Maintenance On transfer to the Tribe of title under subsection (j), the Tribe shall— ####
(1)be responsible for OM&R in accordance with the Birch Creek Agreement; and ####
(2)enter into an agreement with the Bureau of Indian Affairs regarding the operation of the facilities described in that subsection. ###
(l)Liability of United States The United States shall have no obligation or responsibility with respect the facilities described in subsection (d)(2)(C). ###
(m)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 this section. ###
(n)Effect Nothing in this section— ####
(1)alters any applicable law (including regulations) under which the Bureau of Indian Affairs collects assessments or carries out Blackfeet Irrigation Project OM&R; or ####
(2)impacts the availability of amounts made available under subsection (a)(1)(B) of section 3718.
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Sec. 3710
IRRIGATION ACTIVITIES
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