St. Mary's Reinvestment Act

I 117TH CONGRESS 1ST SESSION H. R. 1851 To establish a Federal cost share percentage for the Milk River Project in the State of Montana. IN THE HOUSE OF REPRESENTATIVES MARCH 11, 2021 Mr. ROSENDALE introduced the following bill; which was referred to the Committee on 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘St. Mary’s Reinvest- 4 ment Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) PROJECT BENEFICIARY.—The term 8 ‘‘Project Beneficiary’’ means any entity that enters 9 into a contract with the Secretary to receive irriga- 10 VerDate Sep 11 2014 21:57 May 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1851.IH H1851 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 1851 IH tion water or other associated project benefits in ex- 1 change for paying for allocated project costs of the 2 St. Mary Canal Rehabilitation Phase 1 Project. 3 (2) SECRETARY.—The term ‘‘Secretary’’ means 4 the Secretary of the Interior, acting through the 5 Commissioner of Reclamation. 6 (3) ST. MARY CANAL REHABILITATION PHASE 1 7 PROJECT.— 8 (A) IN GENERAL.—The term ‘‘St. Mary 9 Canal Rehabilitation Phase 1 Project’’ means 10 any activity associated with the construction of 11 the St. Mary Diversion Dam or St. Mary Canal 12 Headworks within the St. Mary Storage Unit of 13 the Milk River Project authorized by Congress 14 on March 25, 1905. 15 (B) EXCLUSION.—The term ‘‘St. Mary 16 Canal Rehabilitation Phase 1 Project’’ does not 17 include any activity associated with the oper- 18 ation or maintenance of the St. Mary Storage 19 Unit. 20 SEC. 3. AUTHORIZATION OF ST. MARY CANAL REHABILITA- 21 TION PHASE 1 PROJECT. 22 (a) USE OF APPROPRIATED FUNDS.—The Secretary 23 may use appropriated funds to carry out the St. Mary 24 Canal Rehabilitation Phase 1 Project. 25 VerDate Sep 11 2014 21:57 May 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1851.IH H1851 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 1851 IH (b) PARTICIPATION OF BLACKFEET TRIBE.— 1 (1) IN GENERAL.—The Secretary shall coordi- 2 nate with the Blackfeet Tribe with respect to any re- 3 placement activities carried out under the St. Mary 4 Canal Rehabilitation Phase 1 Project. 5 (2) EFFECT ON RIGHTS OF TRIBE.—This Act 6 shall not be considered to be an Act appropriating 7 funds for the rehabilitation of the St. Mary Unit for 8 purposes of section 3708(b)(2)(A) of the Blackfeet 9 Water Rights Settlement Act (Public Law 114–322; 10 130 Stat. 1823). 11 (c) COST-SHARING REQUIREMENT.—The Federal 12 share of the total cost of the St. Mary Canal Rehabilita- 13 tion Phase 1 Project shall be not less than 26.04 percent, 14 which shall be nonreimbursable to the United States. 15 (d) STUDY OF ABILITY TO PAY.—Not later than 1 16 year after the date on which funds are first appropriated 17 for the St. Mary Canal Rehabilitation Phase 1 Project 18 under subsection (f), the Secretary shall conduct, at Fed- 19 eral expense, a study of the ability of the Project Bene- 20 ficiaries to pay, in accordance with procedures established 21 by the Secretary, the costs of the St. Mary Canal Rehabili- 22 tation Phase 1 Project. 23 (e) REPAYMENT TERMS.—Based on the study con- 24 ducted under subsection (d), the Secretary shall establish 25 VerDate Sep 11 2014 21:57 May 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1851.IH H1851 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 1851 IH the repayment terms for the Project Beneficiaries with re- 1 spect to the St. Mary Canal Rehabilitation Phase 1 2 Project. 3 (f) AUTHORIZATION OF APPROPRIATIONS.— 4 (1) IN GENERAL.—Subject to adjustment under 5 paragraph (2), there is authorized to be appro- 6 priated to the Secretary $52,000,000 for the St. 7 Mary Canal Rehabilitation Phase 1 Project for the 8 period of fiscal years 2022 through 2032. 9 (2) ADJUSTMENT OF AMOUNT.—The amount 10 referred to in paragraph (1) may be increased or de- 11 creased in accordance with ordinary fluctuations in 12 development costs incurred after the date of enact- 13 ment of this Act, as indicated by any available engi- 14 neering cost indices applicable to construction activi- 15 ties that are similar to the construction of the St. 16 Mary Canal Rehabilitation Phase 1 Project, as de- 17 termined by the Secretary. 18 Æ VerDate Sep 11 2014 21:57 May 13, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H1851.IH H1851 pbinns on DSKJLVW7X2PROD with BILLS