Sec. 3711. DESIGN AND CONSTRUCTION OF MR&I SYSTEM
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## SEC. 3711 DESIGN AND CONSTRUCTION OF MR&I SYSTEM ###
(a)In general Subject to the availability of appropriations, the Secretary, acting through the Commissioner of Reclamation, shall plan, design, and construct the water diversion and delivery features of the MR&I System in accordance with 1 or more agreements between the Secretary and the Tribe. ###
(b)Lead agency The Bureau of Reclamation shall serve as the lead agency with respect to any activity to design and construct the water diversion and delivery features of the MR&I System. ###
(c)Scope ####
(1)In general The scope of the design and construction under this section shall be as generally described in the document entitled “Blackfeet Regional Water System”, prepared by DOWL HKM, dated June 2010, and modified by DOWL HKM in the addendum to the report dated March 2013, subject to the condition that, before commencing final design and construction activities, the Secretary shall— #####
(A)review the design of the proposed rehabilitation and construction; #####
(B)perform value engineering analyses; and #####
(C)perform appropriate Federal compliance activities. ####
(2)Negotiation with tribe On the basis of the review described in paragraph (1)(A), the Secretary shall negotiate with the Tribe appropriate changes, if any, to the final design— #####
(A)to ensure that the final design meets applicable industry standards; #####
(B)to improve the cost-effectiveness of the delivery of MR&I System water; and #####
(C)to ensure that the MR&I System may be constructed using only the amounts made available under section 3718. ###
(d)Nonreimbursability of Costs All costs incurred by the Secretary in carrying out this section shall be nonreimbursable. ###
(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 $76,200,000. ###
(f)Non-Federal Contribution ####
(1)Consultation Before completion of the final design of the MR&I System required by subsection (c), the Secretary shall consult with the Tribe, the State, and other affected non-Federal parties to discuss the possibility of receiving non-Federal contributions for the cost of the MR&I System. ####
(2)Negotiations If, based on the extent to which non-Federal parties are expected to use the MR&I System, a non-Federal contribution to the MR&I System is determined by the parties described in paragraph
(1)to be appropriate, the Secretary shall initiate negotiations for an agreement regarding the means by which the contributions shall be provided. ###
(g)Ownership by Tribe Title to the MR&I System and all facilities rehabilitated or constructed under this section shall be held by the Tribe. ###
(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 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. ###
(i)OM&R Costs The Federal Government shall have no obligation to pay for the OM&R costs for any facility rehabilitated or constructed under this section. ###
(j)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), 3710, 3712, or 3713; or ####
(2)deposit those cost savings to the Blackfeet OM&R Trust Account. ###
(k)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.
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Sec. 3711
DESIGN AND CONSTRUCTION OF MR&I SYSTEM
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