Sec. 3712. DESIGN AND CONSTRUCTION OF WATER STORAGE AND IRRIGATION FACILITIES
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## SEC. 3712 DESIGN AND CONSTRUCTION OF WATER STORAGE AND IRRIGATION FACILITIES ###
(a)In general Subject to the availability of appropriations, the Secretary, acting through the Commissioner of Reclamation, shall plan, design, and construct 1 or more facilities to store water and support irrigation on the Reservation 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 irrigation development and water storage facilities described in subsection (c). ###
(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 Water Storage, Development, and Project Report”, prepared by DOWL HKM, and dated March 13, 2013, as modified and agreed to by the Secretary and the Tribe, subject to the condition that, before commencing final design and construction activities, the Secretary shall— #####
(A)review the design of the proposed construction; #####
(B)perform value engineering analyses; and #####
(C)perform appropriate Federal compliance activities. ####
(2)Modification The Secretary may modify the scope of construction for the projects described in the document referred to in paragraph (1), if— #####
(A)the modified project is— ######
(i)similar in purpose to the proposed projects; and ######
(ii)consistent with the purposes of this subtitle; and #####
(B)the Secretary has consulted with the Tribe regarding any modification. ####
(3)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 any construction; and #####
(C)to ensure that the projects 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 $87,300,000. ###
(f)Ownership by Tribe Title to all facilities rehabilitated or constructed under this section shall be held by the Tribe, except that title to the Birch Creek Unit of the Blackfeet Indian Irrigation Project shall remain with the Bureau of Indian Affairs. ###
(g)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. ###
(h)OM&R Costs The Federal Government shall have no obligation to pay for the OM&R costs for the facilities rehabilitated or constructed under this section. ###
(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), 3710, 3711, or 3713; or ####
(2)deposit those cost savings to the Blackfeet OM&R Trust Account. ###
(j)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. 3712
DESIGN AND CONSTRUCTION OF WATER STORAGE AND IRRIGATION FACILITIES
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