S.Amdt. 1475

SA 1475. Mr. TESTER (for himself and Mr. Daines) submitted an
amendment intended to be proposed to amendment SA 1460 proposed by Mr.
Carper (for himself and Mrs. Capito) to the bill S. 914, to amend the
Safe Drinking Water Act and the Federal Water Pollution Control Act to
reauthorize programs under those Acts, and for other purposes; which
was ordered to lie on the table; as follows:

At the end, add the following:

TITLE III--RECLAMATION PROJECTS

SEC. 301. AUTHORIZATION OF ST. MARY CANAL REHABILITATION
PHASE 1 PROJECT.

(a) Definitions.--In this section:
(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.
(b) Use of Appropriated Funds.--The Secretary may use
appropriated funds to carry out the St. Mary Canal
Rehabilitation Phase 1 Project.
(c) 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 section 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).
(d) 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.
(e) 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
(g), 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.
(f) Repayment Terms.--Based on the study conducted under
subsection (e), the Secretary shall establish the repayment
terms for the Project Beneficiaries with respect to the St.
Mary Canal Rehabilitation Phase 1 Project.
(g) 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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