II 

109TH CONGRESS 

2D SESSION S. 3563 

To authorize the Secretary of the Interior to conduct studies to determine 

the feasibility and environmental impact of rehabilitating the St. Mary 

Diversion and Conveyance Works and the Milk River Project, to authorize the rehabilitation and improvement of the St. Mary Diversion and 

Conveyance Works, to develop an emergency response plan for use in 

the case of catastrophic failure of the St. Mary Diversion and Conveyance 

Works, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 23, 2006 

Mr. BURNS (for himself and Mr. BAUCUS) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

A BILL 

To authorize the Secretary of the Interior to conduct studies 

to determine the feasibility and environmental impact 

of rehabilitating the St. Mary Diversion and Conveyance 

Works and the Milk River Project, to authorize the rehabilitation and improvement of the St. Mary Diversion 

and Conveyance Works, to develop an emergency response plan for use in the case of catastrophic failure 

of the St. Mary Diversion and Conveyance Works, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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•S 3563 IS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘St. Mary Diversion 

3 and Conveyance Works and Milk River Project Act of 

4 2006’’. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) BLACKFEET IRRIGATION PROJECT.—The 

8 term ‘‘Blackfeet Irrigation Project’’ means the Bu9 reau of Indian Affairs Blackfeet Irrigation Project 

10 located within the exterior boundaries of the Black11 feet Reservation. 

12 (2) BLACKFEET RESERVATION.—The term 

13 ‘‘Blackfeet Reservation’’ means the Blackfeet Indian 

14 Reservation of Montana. 

15 (3) BLACKFEET TRIBE.—The term ‘‘Blackfeet 

16 Tribe’’ means the Blackfeet Tribe of the Blackfeet 

17 Reservation. 

18 (4) BOARD.—The term ‘‘Board’’ means the 

19 Joint Board of Control for the Milk River Project 

20 established in accordance with State law . 

21 (5) CATASTROPHIC INFRASTRUCTURE FAIL22 URE.—The term ‘‘catastrophic infrastructure fail23 ure’’ means a failure of the infrastructure of the St. 

24 Mary Diversion and Conveyance Works that causes 

25 a significant disruption in the operation of the water 
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•S 3563 IS

1 system that, if not addressed, would, as determined 

2 by the Secretary, pose a serious threat to— 

3 (A) the lives, health, or property of the 

4 residents of the Blackfeet Reservation; or 

5 (B) the economic or environmental health 

6 of— 

7 (i) the Blackfeet Reservation; or 

8 (ii) the region served by the Milk 

9 River Project. 

10 (6) CHINOOK DIVISION .—The term ‘‘Chinook 

11 Division’’ means the Harlem, Paradise Valley, Zu12 rich, Alfalfa Valley, and Fort Belknap irrigation dis13 tricts established in accordance with State law. 

14 (7) EMERGENCY RESPONSE PLAN.—The term 

15 ‘‘emergency response plan’’ means the emergency re16 sponse plan developed under section 4(a). 

17 (8) FORT BELKNAP RESERVATION.—The term 

18 ‘‘Fort Belknap Reservation’’ means the Fort 

19 Belknap Reservation of the Fort Belknap Indian 

20 Community of Montana. 

21 (9) FUND.—The term ‘‘Fund’’ means the 

22 Emergency Response Plan Fund established by sec23 tion 5(a). 

24 (10) MILK RIVER PROJECT.— 
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1 (A) IN GENERAL.—The term ‘‘Milk River 

2 Project’’ means the Bureau of Reclamation 

3 project authorized by the Secretary on March 

4 14, 1903, under the Act of June 17, 1902 (32 

5 Stat. 388, chapter 1093), commencing at Lake 

6 Sherburne Reservoir and providing water to a 

7 point approximately 6 miles east of Nashua, 

8 Montana. 

9 (B) INCLUSIONS.—The term ‘‘Milk River 

10 Project’’ includes— 

11 (i) Swiftcurrent Dike; 

12 (ii) Lake Sherburne; 

13 (iii) Nelson and Fresno dams, dikes, 

14 and reservoirs; 

15 (iv) St. Mary, Dodson, Vandalia, and 

16 Paradise diversion dams; 

17 (v) Dodson pumping plant; and 

18 (vi) miles of associated canals, 

19 laterals, and drains. 

20 (11) REHABILITATION PROJECT.—The term 

21 ‘‘rehabilitation project’’ means the St. Mary Diver22 sion and Conveyance Works rehabilitation and im23 provement project authorized under section 3(b)(1). 
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1 (12) REPAYMENT CONTRACT.—The term ‘‘re2 payment contract’’ means the repayment contract 

3 entered into under section 3(b)(6)(C). 

4 (13) SECRETARY.—The term ‘‘Secretary’’ 

5 means the Secretary of the Interior. 

6 (14) STATE.—The term ‘‘State’’ means the 

7 State of Montana. 

8 (15) ST. MARY DIVERSION AND CONVEYANCE

9 WORKS.— 

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

11 Diversion and Conveyance Works’’ means the 

12 portion of the Milk River Project authorized by 

13 the Secretary on March 25, 1905, under the 

14 Act of June 17, 1902 (32 Stat. 388, chapter 

15 1093), that— 

16 (i) is located within the exterior 

17 boundaries of the Blackfeet Reservation; 

18 and 

19 (ii) diverts water from the St. Mary 

20 River into the North Fork of the Milk 

21 River. 

22 (B) INCLUSIONS.—The term ‘‘St. Mary 

23 Diversion and Conveyance Works’’ includes— 

24 (i) the diversion dam on the St. Mary 

25 River; 
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1 (ii) Swiftcurrent Dike; 

2 (iii) canals; 

3 (iv) siphons; 

4 (v) the 5 drop structures; and 

5 (vi) other associated canal facilities. 

6 SEC. 3. ST. MARY DIVERSION AND CONVEYANCE WORKS. 

7 (a) AUTHORIZATION OF STUDIES.— 

8 (1) IN GENERAL.—The Secretary, in consulta9 tion with the State, the Blackfeet Tribe, and other 

10 rehabilitation project stakeholders, shall conduct 1 

11 or more studies— 

12 (A) to determine the feasibility of rehabili13 tating and improving the St. Mary Diversion 

14 and Conveyance Works to provide for sustained 

15 environmental and economic benefit within the 

16 St. Mary and Milk River basins; and 

17 (B) to determine the environmental impact 

18 of the proposed rehabilitation project. 

19 (2) USE OF EXISTING INFORMATION AND RE20 SOURCES.—In preparing any study under paragraph 

21 (1), the Secretary shall, to the maximum extent 

22 practicable, use existing studies, including engineer23 ing and resource information provided by, or at the 

24 direction of, the Blackfeet Tribe or Federal, State, 

25 or local agencies. 
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•S 3563 IS

1 (3) COOPERATIVE AGREEMENT WITH THE

2 STATE AND THE BLACKFEET TRIBE.—The Secretary 

3 may enter into cooperative agreements with the 

4 State and the Blackfeet Tribe to carry out all or a 

5 portion of 1 or more studies authorized under para6 graph (1) if the Secretary determines that the coop7 erative agreements would be cost-effective and effi8 cient. 

9 (4) REIMBURSEMENT OF STUDY COSTS.— 

10 (A) IN GENERAL.—Except as provided in 

11 subparagraph (B), the costs of preparing any 

12 study under paragraph (1) shall be— 

13 (i) considered to be a rehabilitation 

14 project cost under subsection (b); and 

15 (ii) if the proposed rehabilitation 

16 project is carried out under subsection (b), 

17 reimbursed in accordance with the repay18 ment contract. 

19 (B) BLACKFEET TRIBE.—Any Federal 

20 funds provided to the Blackfeet Tribe under a 

21 cooperative agreement entered into under para22 graph (3) shall be nonreimbursable and non23 returnable to the United States. 

24 (5) REPORT.—Not later than 2 years after the 

25 date of enactment of this Act, the Secretary shall 
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1 submit to the Committee on Energy and Natural 

2 Resources of the Senate and the Committee on Re3 sources of the House of Representatives any studies 

4 required to be conducted under paragraph (1). 

5 (b) AUTHORIZATION OF REHABILITATION

6 PROJECT.— 

7 (1) IN GENERAL.—Not later than 180 days 

8 after the date on which a study is submitted under 

9 subsection (a)(5), the Secretary shall initiate the 

10 planning, design, and construction of the St. Mary 

11 Diversion and Conveyance Works rehabilitation and 

12 improvement project alternative that is selected 

13 under paragraph (2). 

14 (2) SELECTION OF ALTERNATIVE.—The Sec15 retary, in consultation and coordination with the 

16 State, the Blackfeet Tribe, and other affected reha17 bilitation project stakeholders, shall select the alter18 native for construction of the rehabilitation project 

19 that the Secretary determines would best meet the 

20 needs of the State, the Blackfeet Tribe, and other 

21 affected rehabilitation project stakeholders. 

22 (3) COOPERATIVE AGREEMENT.—The Secretary 

23 shall enter into 1 or more cooperative agreements 

24 with the State, the Blackfeet Tribe, and the Board 

25 to provide the State, the Blackfeet Tribe, and the 
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1 Board with information on, and opportunities to 

2 provide comments with respect to, all aspects of the 

3 planning, design, and construction of the rehabilita4 tion project. 

5 (4) COST-SHARING REQUIREMENTS.— 

6 (A) IN GENERAL.—Of the total rehabilita7 tion projects costs— 

8 (i) 45 percent shall be reimbursable; 

9 and 

10 (ii) 55 percent shall be nonreimburs11 able. 

12 (B) REIMBURSABLE COSTS.— 

13 (i) FEDERAL SHARE.—The Federal 

14 share of the total reimbursable rehabilita15 tion project costs, as identified in the re16 payment contract, shall be 75 percent. 

17 (ii) NON-FEDERAL SHARE.—The non18 Federal share of the total reimbursable 

19 project costs, as identified in the repay20 ment contract, shall be the lesser of— 

21 (I) the amount that is equal to 

22 25 percent of the total reimbursable 

23 costs of carrying out the project; or 

24 (II) $25,000,000. 
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1 (C) FORM OF NON-FEDERAL SHARE.—The 

2 non-Federal share required under subpara3 graphs (A) and (B) may be in the form of— 

4 (i) any in-kind, documented contribu5 tion of goods or services, whether provided 

6 before, on, or after the date of enactment 

7 of this Act; or 

8 (ii) any amounts paid by the State, 

9 the Blackfeet Tribe, or other affected reha10 bilitation project stakeholders, whether 

11 paid before, on, or after the date of enact12 ment of this Act, for engineering or other 

13 studies that contribute to the rehabilitation 

14 and improvement of the St. Mary Diver15 sion and Conveyance Works. 

16 (5) LIMITATION ON CERTAIN PROJECT

17 COSTS.— 

18 (A) ADMINISTRATIVE COSTS.—The total 

19 amount of funds expended by the Secretary for 

20 the administration of the rehabilitation project 

21 shall be not more than 4 percent of the amount 

22 provided for the total rehabilitation project con23 struction budget. 

24 (B) DESIGN AND CONSTRUCTION.—The 

25 total amount of funds expended by the Sec-
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1 retary for design, and construction oversight of 

2 the rehabilitation project shall be not more than 

3 20 percent of the amount provided for the total 

4 rehabilitation project construction budget. 

5 (6) CONSTRUCTION FUNDS.—The Secretary 

6 shall not obligate any funds made available for reha7 bilitation project construction activities authorized 

8 under this subsection until— 

9 (A) any applicable requirements of the Na10 tional Environmental Policy Act of 1969 (42 

11 U.S.C. 4321 et seq.) have been met; 

12 (B) a final engineering report has been— 

13 (i) prepared and submitted to the Sec14 retary; and 

15 (ii) transmitted by the Secretary to 

16 the Committee on Energy and Natural Re17 sources of the Senate and the Committee 

18 on Resources of the House of Representa19 tives by the date that is 60 days after the 

20 date on which the report has been sub21 mitted to the Secretary; and 

22 (C) a contract providing for the repayment 

23 of reimbursable costs for the rehabilitation 

24 project has been entered into by the Secretary 

25 and the applicable non-Federal entities. 
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1 (7) EMPLOYMENT PREFERENCE.—The Sec2 retary shall require that any contract or subcontract 

3 for the construction of the rehabilitation project in4 clude a provision that the contractor or subcon5 tractor provide a hiring preference to qualified mem6 bers of the Blackfeet Tribe. 

7 (8) DEADLINE.—The rehabilitation project 

8 shall be substantially complete by not later than 

9 January 1, 2018. 

10 SEC. 4. EMERGENCY RESPONSE PLAN. 

11 (a) IN GENERAL.—Not later than 1 year after the 

12 date of enactment of this Act, the Secretary, in consulta13 tion with the State, local and tribal authorities, and other 

14 Milk River Project stakeholders, shall develop and, subject 

15 to the availability of funds, implement an emergency re16 sponse plan to be followed in the event of a catastrophic 

17 infrastructure failure. 

18 (b) CONTENTS.—The emergency response plan 

19 shall— 

20 (1) identify the potential impacts of a cata21 strophic infrastructure failure on public safety and 

22 the environment, with an emphasis on the impacts 

23 on any portions of the Blackfeet Reservation in 

24 which the St. Mary Diversion and Conveyance 

25 Works are located; 
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1 (2) provide a response plan to address the pub2 lic safety and environmental impacts in the State 

3 and the Blackfeet Reservation within a reasonable 

4 period following a catastrophic infrastructure failure; 

5 (3) define the responsibilities of emergency re6 sponse personnel in the event of a catastrophic infra7 structure failure; 

8 (4) ensure communication and coordination 

9 among the Federal, State, tribal, and local agencies 

10 and other Milk River Project stakeholders that are 

11 responsible for implementing the emergency response 

12 plan; 

13 (5) establish public notification procedures to 

14 be carried out in the event of a catastrophic infra15 structure failure; 

16 (6) provide for the repair or replacement of 

17 failed infrastructure with components that are com18 patible with the rehabilitation project; 

19 (7) include a cost-sharing agreement that— 

20 (A) specifies the manner in which costs 

21 will be shared and any reimbursable amounts 

22 will be repaid if the emergency response plan is 

23 implemented; and 

24 (B) is consistent with subsection (e); and 
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1 (8) incorporate any other elements that the 

2 Secretary, in consultation with the State, tribal and 

3 local authorities, and other Milk River Project stake4 holders, determines would ensure a rapid and effec5 tive response to a catastrophic infrastructure failure. 

6 (c) TITLE.—Title to all project works and facilities 

7 constructed under this section shall be held by the United 

8 States. 

9 (d) DEVELOPMENT COSTS.—Any costs incurred by 

10 the Secretary in developing the emergency response plan 

11 shall be nonreimbursable. 

12 (e) IMPLEMENTATION COSTS.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), the cost-sharing requirements of section 

15 3(b)(4) shall apply to any costs of implementing the 

16 emergency response plan under this section. 

17 (2) BLACKFEET TRIBE.—Notwithstanding 

18 paragraph (1), any Federal funds provided for non19 infrastructure activities carried out under this sec20 tion on the Blackfeet Reservation are nonreimburs21 able and nonreturnable to the United States. 

22 SEC. 5. EMERGENCY RESPONSE PLAN FUND. 

23 (a) ESTABLISHMENT.—There is established in the 

24 Treasury of the United States a revolving fund, consisting 

25 of— 
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1 (1) such amounts as are appropriated to the 

2 Fund under section 10(d); and 

3 (2) any interest earned on investment of 

4 amounts in the Fund under subsection (c). 

5 (b) EXPENDITURES FROM FUND.— 

6 (1) IN GENERAL.—If the Secretary determines 

7 that a catastrophic infrastructure failure has oc8 curred, the Secretary of the Treasury, on request of 

9 the Secretary, shall transfer from the Fund to the 

10 Secretary such amounts as the Secretary determines 

11 are necessary to implement the emergency response 

12 plan. 

13 (2) REPORT.—Not later than 60 days after the 

14 date on which amounts from the Fund are trans15 ferred to the Secretary under paragraph (1), the 

16 Secretary shall submit to the Committee on Energy 

17 and Natural Resources of the Senate and the Com18 mittee on Resources of the House of Representatives 

19 a report that describes— 

20 (A) the event that triggered the determina21 tion that a catastrophic infrastructure failure 

22 had occurred; 

23 (B) the amount transferred to the Sec24 retary from the Fund; 
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1 (C) a description of any construction car2 ried out using the amounts transferred; and 

3 (D) the estimated cost of completing any 

4 construction being carried out under the emer5 gency response plan. 

6 (c) INVESTMENT OF AMOUNTS.— 

7 (1) IN GENERAL.—The Secretary of the Treas8 ury shall invest such portion of the Fund as is not, 

9 in the judgment of the Secretary of the Treasury, 

10 required to meet current withdrawals. 

11 (2) INTEREST-BEARING OBLIGATIONS.—Invest12 ments may be made only in interest-bearing obliga13 tions of the United States. 

14 (3) ACQUISITION OF OBLIGATIONS.—For the 

15 purpose of investments under paragraph (1), obliga16 tions may be acquired— 

17 (A) on original issue at the issue price; or 

18 (B) by purchase of outstanding obligations 

19 at the market price. 

20 (4) SALE OF OBLIGATIONS.—Any obligation ac21 quired by the Fund may be sold by the Secretary of 

22 the Treasury at the market price. 

23 (5) CREDITS TO FUND.—The interest on, and 

24 the proceeds from the sale or redemption of, any ob-
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•S 3563 IS

1 ligations held in the Fund shall be credited to, and 

2 form a part of, the Fund. 

3 (d) TERMINATION OF FUND.— 

4 (1) IN GENERAL.—If the Secretary determines 

5 that the St. Mary Diversion and Conveyance Works 

6 no longer pose an unacceptable risk of catastrophic 

7 infrastructure failure— 

8 (A) the Fund shall be terminated; and 

9 (B) the unexpended and unobligated bal10 ance of the Fund shall be made available for 

11 the construction of the rehabilitation project au12 thorized under section 3(b)(1). 

13 (2) ADDITIONAL FUNDS.—Amounts made avail14 able for the construction of the rehabilitation project 

15 under paragraph (1)(B) shall be in addition to the 

16 amounts made available for the rehabilitation project 

17 under section 10(b). 

18 SEC. 6. MILK RIVER PROJECT. 

19 (a) AUTHORIZED USES.—Notwithstanding any other 

20 provision of law— 

21 (1) the authorized uses of Lake Sherburne Res22 ervoir, St. Mary Diversion and Conveyance Works, 

23 Fresno Reservoir, Nelson Reservoir, and the 

24 Vandalia Diversion Dam shall include irrigation, 

25 flood control, the provision of municipal and indus-
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•S 3563 IS

1 trial water supplies, recreation, fish and wildlife con2 servation and development, and water conservation; 

3 and 

4 (2) the Milk River Project shall be operated— 

5 (A) primarily for the purpose of irrigation; 

6 and 

7 (B) in a manner that does not interfere 

8 with any contracts in existence on the date of 

9 enactment of this Act that are executed under 

10 the reclamation laws. 

11 (b) SERVICE AREA.—The service area of the Milk 

12 River Project is— 

13 (1) the Milk River Basin; and 

14 (2) the portion of the St. Mary River Basin 

15 that is accessible to the Milk River Project. 

16 (c) FEASIBILITY STUDIES.— 

17 (1) PRIORITY.—In consultation with the State 

18 and affected Milk River Project stakeholders, the 

19 Secretary shall prioritize the Milk River Project 

20 structures that are in need of rehabilitation and im21 provement. 

22 (2) PREPARATION OF STUDIES.—The Secretary 

23 or the non-Federal project sponsor shall prepare 1 

24 or more feasibility studies for Milk River Project 
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1 structures in order of the priority established under 

2 paragraph (1). 

3 (3) COSTS.—The costs of any feasibility studies 

4 prepared under paragraph (2) shall be— 

5 (A) considered to be Milk River Project re6 habilitation and improvement costs; and 

7 (B) reimbursable if the proposed Milk 

8 River Project rehabilitation and improvement is 

9 carried out. 

10 (4) COOPERATIVE AGREEMENTS.—The Sec11 retary may enter into any cooperative agreements 

12 with the non-Federal project sponsors that the Sec13 retary determines to be necessary to carry out this 

14 subsection. 

15 (d) MILK RIVER PROJECT REHABILITATION AND IM16 PROVEMENT COSTS.—The cost-sharing requirements of 

17 section 3(b)(4) shall apply to the costs of studying, design18 ing, planning, and constructing any rehabilitation of, or 

19 improvements to, Milk River Project structures that are 

20 carried out in accordance with a feasibility study prepared 

21 under subsection (c). 

22 SEC. 7. BLACKFEET TRIBE. 

23 (a) PROTECTION OF LAND AND WATER RIGHTS.— 

24 In carrying out the rehabilitation project, the Secretary 

25 shall ensure that the land and water rights held in trust 
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1 for the benefit of the Blackfeet Tribe and the members 

2 of the Blackfeet Tribe are protected. 

3 (b) SETTLEMENT OF MILK RIVER PROJECT

4 CLAIMS.— 

5 (1) IN GENERAL.—Notwithstanding any other 

6 provision of law, the Secretary shall resolve any 

7 land, water, environmental, and other claims of the 

8 Blackfeet Tribe against the United States relating to 

9 the portions of the Milk River Project located within 

10 the exterior boundaries of the Blackfeet Reservation. 

11 (2) COSTS.—Any Federal funds expended under 

12 paragraph (1) shall be nonreimbursable and non13 returnable to the United States. 

14 (3) REPORT.—Not later than January 1, 2008, 

15 or if the Secretary and the Blackfeet Tribe agree to 

16 a later date, the date agreed to by the Secretary and 

17 the Blackfeet Tribe, the Secretary shall submit to 

18 Congress a report that describes the resolution of 

19 any claims under paragraph (1), including a descrip20 tion of the amount of funds necessary to resolve the 

21 claims. 

22 (c) BLACKFEET PROJECTS.— 

23 (1) IDENTIFICATION OF PROJECTS.—The Sec24 retary, in consultation with the Blackfeet Tribe, 

25 shall identify appropriate Blackfeet projects to im-
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•S 3563 IS

1 prove economic conditions on the Blackfeet Reserva2 tion. 

3 (2) FEASIBILITY STUDIES.— 

4 (A) IN GENERAL.—The Secretary shall 

5 complete 1 or more studies to determine the 

6 feasibility of carrying out the Blackfeet projects 

7 identified under paragraph (1). 

8 (B) USE OF EXISTING STUDIES.—In pre9 paring a study under subparagraph (A), the 

10 Secretary shall, to the maximum extent prac11 ticable, use any existing studies that are identi12 fied by the Blackfeet Tribe. 

13 (C) CONSIDERATIONS.—The Secretary 

14 may consider the use of the St. Mary Diversion 

15 and Conveyance Works in— 

16 (i) the preparation of a feasibility 

17 study under this paragraph; and 

18 (ii) the subsequent planning, design, 

19 and construction of any Blackfeet projects 

20 that are recommended to be carried out 

21 under this subsection. 

22 (D) COOPERATIVE AGREEMENTS.—The 

23 Secretary may enter into 1 or more cooperative 

24 agreements with the Blackfeet Tribe to carry 

25 out a feasibility study under this paragraph. 
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1 (E) REPORT.—Not later than 180 days 

2 after the date on which a feasibility study is 

3 completed under this paragraph, the Secretary 

4 shall submit to Congress a report that— 

5 (i) identifies any Blackfeet projects 

6 proposed to be carried out under this sub7 section; and 

8 (ii) describes the amount of funds 

9 necessary for the recommended Blackfeet 

10 projects. 

11 (d) HYDROPOWER PREFERENCE.—The Blackfeet 

12 Tribe shall be eligible for preference in the development 

13 of hydropower generation on all facilities of the St. Mary 

14 Diversion and Conveyance Works located within the exte15 rior boundaries of the Blackfeet Reservation on the same 

16 basis as municipalities under the Federal Power Act (16 

17 U.S.C. 791a et seq.) and the reclamation laws (including 

18 the Reclamation Project Act of 1939 (43 U.S.C. 485 et 

19 seq.)). 

20 (e) EMPLOYMENT PREFERENCE.—The Secretary 

21 shall require that any contract or subcontract for the con22 struction of the rehabilitation project require that the con23 tractor or subcontractor provide a hiring preference to 

24 qualified members of the Blackfeet Tribe. 

25 (f) BLACKFEET IRRIGATION PROJECT.— 
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1 (1) FEASIBILITY STUDIES.— 

2 (A) IN GENERAL.—As soon as practicable 

3 after the date on which the Secretary completes 

4 an appraisal investigation of the Blackfeet Irri5 gation Project, the Secretary shall conduct 1 or 

6 more studies to determine the feasibility of re7 habilitating and improving the Blackfeet Irriga8 tion Project structures that are determined by 

9 the Secretary to be in need of rehabilitation or 

10 improvement based on the appraisal investiga11 tion. 

12 (B) NONREIMBURSABLE COSTS.—Any 

13 costs incurred in carrying out a feasibility study 

14 under subparagraph (A) are nonreimbursable 

15 and nonreturnable to the United States. 

16 (C) COOPERATIVE AGREEMENT.—The Sec17 retary may enter into 1 or more cooperative 

18 agreements with the Blackfeet Tribe for the 

19 conduct of the feasibility studies under subpara20 graph (A). 

21 (D) EMPLOYMENT PREFERENCE.—With 

22 respect to hiring or contracting for individuals 

23 to carry out a feasibility study under subpara24 graph (A), the Secretary shall give preference 

25 to any member of the Blackfeet Tribe that the 
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1 Secretary determines to be qualified for the po2 sition. 

3 (2) REPORT.—Not later than 180 days after 

4 the date on which a feasibility study is completed 

5 under paragraph (1), the Secretary shall submit to 

6 Congress a report that— 

7 (A) includes recommendations for the re8 habilitation and improvement of the Blackfeet 

9 Irrigation Project; and 

10 (B) describes the amount of funds nec11 essary for the rehabilitation and improvement 

12 of the Blackfeet Irrigation Project. 

13 SEC. 8. FORT BELKNAP RESERVATION FEASIBILITY STUDY. 

14 (a) IN GENERAL.—The Secretary shall conduct 1 or 

15 more studies to determine the feasibility of developing a 

16 safe and adequate rural, municipal, and industrial water 

17 supply project for the residents of the Fort Belknap Res18 ervation and surrounding communities. 

19 (b) COSTS.—Any costs incurred in carrying out the 

20 feasibility study under subsection (a) are nonreimbursable 

21 and nonreturnable to the United States. 

22 SEC. 9. EFFECT. 

23 (a) IN GENERAL.—Nothing in this Act— 

24 (1) create or alters— 

25 (A) any Federal reserved water right; or 
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1 (B) any other right to the use of water; 

2 (2) expands or diminishes any Federal, State, 

3 or tribal jurisdiction or authority over— 

4 (A) water resources development or con5 trol; or 

6 (B) water rights; 

7 (3) alters the private ownership of any struc8 tures, canals, and laterals owned by the Chinook Di9 vision; or 

10 (4) prohibits the Secretary, as part of an Indian 

11 water rights settlement, from using any project fa12 cilities to deliver water from the St. Mary River for 

13 the use of the Blackfeet Tribe. 

14 (b) RECLAMATION LAWS.—No activity carried out 

15 under this Act shall be considered to be a supplemental, 

16 additional, or new benefit under the reclamation laws, in17 cluding the Reclamation Reform Act of 1982 (43 U.S.C. 

18 390aa et seq.). 

19 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) ST. MARY DIVERSION AND CONVEYANCE WORKS

21 FEASIBILITY STUDIES.—There is authorized to be appro22 priated to carry out section 3(a) $15,000,000, to remain 

23 available until expended. 

24 (b) ST. MARY DIVERSION AND CONVEYANCE WORKS

25 REHABILITATION PROJECT.— 
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1 (1) IN GENERAL.—Subject to paragraph (2), 

2 there is authorized to be appropriated to carry out 

3 section 3(b) $135,000,000. 

4 (2) ADJUSTMENT.—The amount authorized 

5 under paragraph (1) shall be adjusted as necessary 

6 to account for increases in development costs after 

7 January 31, 2005, as determined using applicable 

8 engineering cost indices. 

9 (c) EMERGENCY RESPONSE PLAN.—There is author10 ized to be appropriated to carry out section 4 $2,000,000. 

11 (d) EMERGENCY FUND.—There is authorized to be 

12 appropriated to the Fund $15,000,000. 

13 (e) MILK RIVER PROJECT FEASIBILITY STUDIES.— 

14 There is authorized to be appropriated to carry out section 

15 6(c) $10,000,000. 

16 (f) BLACKFEET PROJECTS.—There is authorized to 

17 be appropriated to carry out section 7(c) $1,000,000. 

18 (g) BLACKFEET IRRIGATION PROJECT.—There is au19 thorized to be appropriated to carry out section 7(f) 

20 $5,000,000. 

21 (h) FORT BELKNAP RESERVATION FEASIBILITY

22 STUDY.—There is authorized to be appropriated to carry 

23 out section 8 $1,000,000. 

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