[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 737 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 737
To establish a Federal cost share percentage for the Milk River Project
in the State of Montana.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 11, 2021
Mr. Tester (for himself and Mr. Daines) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To establish a Federal cost share percentage for the Milk River Project
in the State of Montana.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``St. Mary's Reinvestment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Project beneficiary.--The term ``Project Beneficiary''
means any entity that enters into a contract with the Secretary
to receive irrigation water or other associated project
benefits in exchange for paying for allocated project costs of
the St. Mary Canal Rehabilitation Phase 1 Project.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(3) St. mary canal rehabilitation phase 1 project.--
(A) In general.--The term ``St. Mary Canal
Rehabilitation Phase 1 Project'' means any activity
associated with the construction of the St. Mary
Diversion Dam or St. Mary Canal Headworks within the
St. Mary Storage Unit of the Milk River Project
authorized by Congress on March 25, 1905.
(B) Exclusion.--The term ``St. Mary Canal
Rehabilitation Phase 1 Project'' does not include any
activity associated with the operation or maintenance
of the St. Mary Storage Unit.
SEC. 3. AUTHORIZATION OF ST. MARY CANAL REHABILITATION PHASE 1 PROJECT.
(a) Use of Appropriated Funds.--The Secretary may use appropriated
funds to carry out the St. Mary Canal Rehabilitation Phase 1 Project.
(b) Participation of Blackfeet Tribe.--
(1) In general.--The Secretary shall coordinate with the
Blackfeet Tribe with respect to any replacement activities
carried out under the St. Mary Canal Rehabilitation Phase 1
Project.
(2) Effect on rights of tribe.--This Act shall not be
considered to be an Act appropriating funds for the
rehabilitation of the St. Mary Unit for purposes of section
3708(b)(2)(A) of the Blackfeet Water Rights Settlement Act
(Public Law 114-322; 130 Stat. 1823).
(c) Cost-Sharing Requirement.--The Federal share of the total cost
of the St. Mary Canal Rehabilitation Phase 1 Project shall be not less
than 26.04 percent, which shall be nonreimbursable to the United
States.
(d) Study of Ability To Pay.--Not later than 1 year after the date
on which funds are first appropriated for the St. Mary Canal
Rehabilitation Phase 1 Project under subsection (f), the Secretary
shall conduct, at Federal expense, a study of the ability of the
Project Beneficiaries to pay, in accordance with procedures established
by the Secretary, the costs of the St. Mary Canal Rehabilitation Phase
1 Project.
(e) Repayment Terms.--Based on the study conducted under subsection
(d), the Secretary shall establish the repayment terms for the Project
Beneficiaries with respect to the St. Mary Canal Rehabilitation Phase 1
Project.
(f) Authorization of Appropriations.--
(1) In general.--Subject to adjustment under paragraph (2),
there is authorized to be appropriated to the Secretary
$52,000,000 for the St. Mary Canal Rehabilitation Phase 1
Project for the period of fiscal years 2022 through 2032.
(2) Adjustment of amount.--The amount referred to in
paragraph (1) may be increased or decreased in accordance with
ordinary fluctuations in development costs incurred after the
date of enactment of this Act, as indicated by any available
engineering cost indices applicable to construction activities
that are similar to the construction of the St. Mary Canal
Rehabilitation Phase 1 Project, as determined by the Secretary.
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