II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘St. Mary’s Reinvest5 ment Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) PROJECT BENEFICIARY.—The term 

9 ‘‘Project Beneficiary’’ means any entity that enters 

10 into a contract with the Secretary to receive irrigaVerDate Sep 11 2014 04:06 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S737.IS S737

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1 tion water or other associated project benefits in ex2 change for paying for allocated project costs of the 

3 St. Mary Canal Rehabilitation Phase 1 Project. 

4 (2) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of the Interior, acting through the 

6 Commissioner of Reclamation. 

7 (3) ST. MARY CANAL REHABILITATION PHASE 1

8 PROJECT.— 

9 (A) IN GENERAL.—The term ‘‘St. Mary 

10 Canal Rehabilitation Phase 1 Project’’ means 

11 any activity associated with the construction of 

12 the St. Mary Diversion Dam or St. Mary Canal 

13 Headworks within the St. Mary Storage Unit of 

14 the Milk River Project authorized by Congress 

15 on March 25, 1905. 

16 (B) EXCLUSION.—The term ‘‘St. Mary 

17 Canal Rehabilitation Phase 1 Project’’ does not 

18 include any activity associated with the oper19 ation or maintenance of the St. Mary Storage 

20 Unit. 

21 SEC. 3. AUTHORIZATION OF ST. MARY CANAL REHABILITA22 TION PHASE 1 PROJECT. 

23 (a) USE OF APPROPRIATED FUNDS.—The Secretary 

24 may use appropriated funds to carry out the St. Mary 

25 Canal Rehabilitation Phase 1 Project. 


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1 (b) PARTICIPATION OF BLACKFEET TRIBE.— 

2 (1) IN GENERAL.—The Secretary shall coordi3 nate with the Blackfeet Tribe with respect to any re4 placement activities carried out under the St. Mary 

5 Canal Rehabilitation Phase 1 Project. 

6 (2) EFFECT ON RIGHTS OF TRIBE.—This Act 

7 shall not be considered to be an Act appropriating 

8 funds for the rehabilitation of the St. Mary Unit for 

9 purposes of section 3708(b)(2)(A) of the Blackfeet 

10 Water Rights Settlement Act (Public Law 114–322; 

11 130 Stat. 1823). 

12 (c) COST-SHARING REQUIREMENT.—The Federal 

13 share of the total cost of the St. Mary Canal Rehabilita14 tion Phase 1 Project shall be not less than 26.04 percent, 

15 which shall be nonreimbursable to the United States. 

16 (d) STUDY OF ABILITY TO PAY.—Not later than 1 

17 year after the date on which funds are first appropriated 

18 for the St. Mary Canal Rehabilitation Phase 1 Project 

19 under subsection (f), the Secretary shall conduct, at Fed20 eral expense, a study of the ability of the Project Bene21 ficiaries to pay, in accordance with procedures established 

22 by the Secretary, the costs of the St. Mary Canal Rehabili23 tation Phase 1 Project. 

24 (e) REPAYMENT TERMS.—Based on the study con25 ducted under subsection (d), the Secretary shall establish 


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1 the repayment terms for the Project Beneficiaries with re2 spect to the St. Mary Canal Rehabilitation Phase 1 

3 Project. 

4 (f) AUTHORIZATION OF APPROPRIATIONS.— 

5 (1) IN GENERAL.—Subject to adjustment under 

6 paragraph (2), there is authorized to be appro7 priated to the Secretary $52,000,000 for the St. 

8 Mary Canal Rehabilitation Phase 1 Project for the 

9 period of fiscal years 2022 through 2032. 

10 (2) ADJUSTMENT OF AMOUNT.—The amount 

11 referred to in paragraph (1) may be increased or de12 creased in accordance with ordinary fluctuations in 

13 development costs incurred after the date of enact14 ment of this Act, as indicated by any available engi15 neering cost indices applicable to construction activi16 ties that are similar to the construction of the St. 

17 Mary Canal Rehabilitation Phase 1 Project, as de18 termined by the Secretary. 

Æ 


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