Title: St. Mary's Reinvestment Act
Policy area: Water Resources Development

Summary:
St. Mary's Reinvestment Act
This bill authorizes the Bureau of Reclamation to use funds through FY2032 to rehabilitate the St. Mary Diversion Dam and Canal Headworks, which are part of the Milk River Project in Montana.
In addition, the bill requires Reclamation to (1) coordinate with the Blackfeet Tribe with respect to the replacement activities that are carried out for the rehabilitation, (2) study the ability of project beneficiaries (i.e., water users) to pay for the costs of the rehabilitation, and (3) establish repayment terms based on the study.
Finally, the bill requires the federal cost share to be at least 26.04%.

[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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