S.Amdt. 4604

SA 4604. Mr. BAUCUS submitted an amendment intended to be proposed by
him to the bill H.R. 5441, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2007, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. ST. MARY DIVERSION AND CONVEYANCE WORKS EMERGENCY
RESPONSE PLAN.

(a) Definitions.--In this section:
(1) Blackfeet reservation.--The term ``Blackfeet
Reservation'' means the Blackfeet Indian Reservation of
Montana.
(2) Blackfeet tribe.--The term ``Blackfeet Tribe'' means
the Blackfeet Tribe of the Blackfeet Reservation.
(3) Catastrophic infrastructure failure.--The term
``catastrophic infrastructure failure'' means a failure of
the infrastructure of the St. Mary Diversion and Conveyance
Works that causes a significant disruption in the operation
of the water system that, if not addressed, would, as
determined by the Secretary, pose a serious threat to--
(A) the lives, health, or property of the residents of the
Blackfeet Reservation; or
(B) the economic or environmental health of--
(i) the Blackfeet Reservation; or
(ii) the region served by the Milk River Project.
(4) Emergency response plan.--The term ``emergency response
plan'' means the emergency response plan developed under
subsection (b)(1).
(5) Fund.--The term ``Fund'' means the Emergency Response
Plan Fund established by subsection (c)(1).
(6) Milk river project.--
(A) In general.--The term ``Milk River Project'' means the
Bureau of Reclamation project authorized by the Secretary on
March 14, 1903, under the Act of June 17, 1902 (32 Stat. 388,
chapter 1093), commencing at Lake Sherburne Reservoir and
providing water to a point approximately 6 miles east of
Nashua, Montana.
(B) Inclusions.--The term ``Milk River Project'' includes--
(i) Swiftcurrent Dike;
(ii) Lake Sherburne;
(iii) Nelson and Fresno dams, dikes, and reservoirs;
(iv) St. Mary, Dodson, Vandalia, and Paradise diversion
dams;
(v) Dodson pumping plant; and
(vi) miles of associated canals, laterals, and drains.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(8) State.--The term ``State'' means the State of Montana.
(9) St. mary diversion and conveyance works.--
(A) In general.--The term ``St. Mary Diversion and
Conveyance Works'' means the portion of the Milk River
Project authorized by the Secretary on March 25, 1905, under
the Act of June 17, 1902 (32 Stat. 388, chapter 1093), that--
(i) is located within the exterior boundaries of the
Blackfeet Reservation; and
(ii) diverts water from the St. Mary River into the North
Fork of the Milk River.
(B) Inclusions.--The term ``St. Mary Diversion and
Conveyance Works'' includes--
(i) the diversion dam on the St. Mary River;
(ii) Swiftcurrent Dike;
(iii) canals;
(iv) siphons;
(v) the 5 drop structures; and
(vi) other associated canal facilities.
(b) Emergency Response Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with
the Secretary of the Interior, State, local and tribal
authorities, and other Milk River Project stakeholders, shall
develop and, subject to the availability of funds, implement
an emergency response plan to be followed in the event of a
catastrophic infrastructure failure.
(2) Contents.--The emergency response plan shall--
(A) identify the potential impacts of a catastrophic
infrastructure failure on public safety and the environment,
with an emphasis on the impacts on any portions of the
Blackfeet Reservation in which the St. Mary Diversion and
Conveyance Works are located;
(B) provide a response plan to address the public safety
and environmental impacts in the State and the Blackfeet
Reservation within a reasonable period following a
catastrophic infrastructure failure;
(C) define the responsibilities of emergency response
personnel in the event of a catastrophic infrastructure
failure;
(D) ensure communication and coordination among the
Federal, State, tribal, and local agencies and other Milk
River Project stakeholders that are responsible for
implementing the emergency response plan;
(E) establish public notification procedures to be carried
out in the event of a catastrophic infrastructure failure;
(F) provide for the repair or replacement of failed
infrastructure with components that are compatible with the
rehabilitation project;
(G) include a cost-sharing agreement that--
(i) specifies the manner in which costs will be shared and
any reimbursable amounts will be repaid if the emergency
response plan is implemented; and
(ii) is consistent with paragraph (5); and
(H) incorporate any other elements that the Secretary, in
consultation with the Secretary of the Interior, the State,
tribal and local authorities, and other Milk River Project
stakeholders, determines would ensure a rapid and effective
response to a catastrophic infrastructure failure.
(3) Title.--Title to all project works and facilities
constructed under this section shall be held by the United
States.
(4) Development costs.--Any costs incurred by the Secretary
in developing the emergency response plan shall be
nonreimbursable.
(5) Implementation costs.--
(A) In general.--Except as provided in subparagraph (C), of
the total costs of implementing an emergency response plan--
(i) 45 percent shall be reimbursable; and
(ii) 55 percent shall be nonreimbursable.
(B) Reimbursable costs.--
(i) Federal share.--The Federal share of the total
reimbursable costs of implementing an emergency response plan
shall be 75 percent.
(ii) Non-federal share.--The non-Federal share of the total
reimbursable costs of implementing an emergency response plan
shall be the lesser of--

(I) the amount that is equal to 25 percent of the total
reimbursable costs of implementing an emergency response
plan; or
(II) $25,000,000.

(C) Blackfeet tribe.--Notwithstanding subparagraph (A), any
Federal funds provided for noninfrastructure activities
carried out under this subsection on the Blackfeet
Reservation are nonreimbursable and nonreturnable to the
United States.
(c) Emergency Response Plan Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a revolving fund, consisting of--
(A) such amounts as are appropriated to the Fund under
subsection (d)(2); and
(B) any interest earned on investment of amounts in the
Fund under paragraph (3).
(2) Expenditures from fund.--
(A) In general.--If the Secretary, in consultation with the
Secretary of the Interior, determines that a catastrophic
infrastructure failure has occurred, the Secretary of the
Treasury, on request of the Secretary, shall transfer from
the Fund to the Secretary such amounts as the Secretary
determines are necessary to implement the emergency response
plan.
(B) Report.--Not later than 60 days after the date on which
amounts from the Fund are transferred to the Secretary under
subparagraph (A), the Secretary shall submit to the Committee
on Energy and Natural Resources and the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security and the Committee on Resources
of the

[[Page S7435]]

House of Representatives a report that describes--
(i) the event that triggered the determination that a
catastrophic infrastructure failure had occurred;
(ii) the amount transferred to the Secretary from the Fund;
(iii) a description of any construction carried out using
the amounts transferred; and
(iv) the estimated cost of completing any construction
being carried out under the emergency response plan.
(3) Investment of amounts.--
(A) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals.
(B) Interest-bearing obligations.--Investments may be made
only in interest-bearing obligations of the United States.
(C) Acquisition of obligations.--For the purpose of
investments under subparagraph (A), obligations may be
acquired--
(i) on original issue at the issue price; or
(ii) by purchase of outstanding obligations at the market
price.
(D) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the
market price.
(E) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to, and form a part of, the Fund.
(4) Termination of fund.--If the Secretary, in consultation
with the Secretary of the Interior, determines that the St.
Mary Diversion and Conveyance Works no longer pose an
unacceptable risk of catastrophic infrastructure failure--
(A) the Fund shall be terminated; and
(B) the unexpended and unobligated balance of the Fund
shall be made available for the construction of the
rehabilitation project.
(d) Authorization of Appropriations.--
(1) Emergency response plan.--There is authorized to be
appropriated to carry out subsection (b) $2,000,000.
(2) Emergency fund.--There is authorized to be appropriated
to the Fund $15,000,000.

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