[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5705 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5705

   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 HOUSE OF REPRESENTATIVES

                             June 28, 2006

 Mr. Rehberg introduced the following bill; which was referred to the 
                         Committee on 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.

    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 Diversion and Conveyance 
Works and Milk River Project Act of 2006''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Blackfeet irrigation project.--The term ``Blackfeet 
        Irrigation Project'' means the Bureau of Indian Affairs 
        Blackfeet Irrigation Project located within the exterior 
        boundaries of the Blackfeet Reservation.
            (2) Blackfeet reservation.--The term ``Blackfeet 
        Reservation'' means the Blackfeet Indian Reservation of 
        Montana.
            (3) Blackfeet tribe.--The term ``Blackfeet Tribe'' means 
        the Blackfeet Tribe of the Blackfeet Reservation.
            (4) Board.--The term ``Board'' means the Joint Board of 
        Control for the Milk River Project established in accordance 
        with State law .
            (5) 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.
            (6) Chinook division.--The term ``Chinook Division'' means 
        the Harlem, Paradise Valley, Zurich, Alfalfa Valley, and Fort 
        Belknap irrigation districts established in accordance with 
        State law.
            (7) Emergency response plan.--The term ``emergency response 
        plan'' means the emergency response plan developed under 
        section 4(a).
            (8) Fort belknap reservation.--The term ``Fort Belknap 
        Reservation'' means the Fort Belknap Reservation of the Fort 
        Belknap Indian Community of Montana.
            (9) Fund.--The term ``Fund'' means the Emergency Response 
        Plan Fund established by section 5(a).
            (10) 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.
            (11) Rehabilitation project.--The term ``rehabilitation 
        project'' means the St. Mary Diversion and Conveyance Works 
        rehabilitation and improvement project authorized under section 
        3(b)(1).
            (12) Repayment contract.--The term ``repayment contract'' 
        means the repayment contract entered into under section 
        3(b)(6)(C).
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (14) State.--The term ``State'' means the State of Montana.
            (15) 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.

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

    (a) Authorization of Studies.--
            (1) In general.--The Secretary, in consultation with the 
        State, the Blackfeet Tribe, and other rehabilitation project 
        stakeholders, shall conduct 1 or more studies--
                    (A) to determine the feasibility of rehabilitating 
                and improving the St. Mary Diversion and Conveyance 
                Works to provide for sustained environmental and 
                economic benefit within the St. Mary and Milk River 
                basins; and
                    (B) to determine the environmental impact of the 
                proposed rehabilitation project.
            (2) Use of existing information and resources.--In 
        preparing any study under paragraph (1), the Secretary shall, 
        to the maximum extent practicable, use existing studies, 
        including engineering and resource information provided by, or 
        at the direction of, the Blackfeet Tribe or Federal, State, or 
        local agencies.
            (3) Cooperative agreement with the state and the blackfeet 
        tribe.--The Secretary may enter into cooperative agreements 
        with the State and the Blackfeet Tribe to carry out all or a 
        portion of 1 or more studies authorized under paragraph (1) if 
        the Secretary determines that the cooperative agreements would 
        be cost-effective and efficient.
            (4) Reimbursement of study costs.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the costs of preparing any study under paragraph 
                (1) shall be--
                            (i) considered to be a rehabilitation 
                        project cost under subsection (b); and
                            (ii) if the proposed rehabilitation project 
                        is carried out under subsection (b), reimbursed 
                        in accordance with the repayment contract.
                    (B) Blackfeet tribe.--Any Federal funds provided to 
                the Blackfeet Tribe under a cooperative agreement 
                entered into under paragraph (3) shall be 
                nonreimbursable and nonreturnable to the United States.
            (5) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Resources of the House of Representatives any 
        studies required to be conducted under paragraph (1).
    (b) Authorization of Rehabilitation Project.--
            (1) In general.--Not later than 180 days after the date on 
        which a study is submitted under subsection (a)(5), the 
        Secretary shall initiate the planning, design, and construction 
        of the St. Mary Diversion and Conveyance Works rehabilitation 
        and improvement project alternative that is selected under 
        paragraph (2).
            (2) Selection of alternative.--The Secretary, in 
        consultation and coordination with the State, the Blackfeet 
        Tribe, and other affected rehabilitation project stakeholders, 
        shall select the alternative for construction of the 
        rehabilitation project that the Secretary determines would best 
        meet the needs of the State, the Blackfeet Tribe, and other 
        affected rehabilitation project stakeholders.
            (3) Cooperative agreement.--The Secretary shall enter into 
        1 or more cooperative agreements with the State, the Blackfeet 
        Tribe, and the Board to provide the State, the Blackfeet Tribe, 
        and the Board with information on, and opportunities to provide 
        comments with respect to, all aspects of the planning, design, 
        and construction of the rehabilitation project.
            (4) Cost-sharing requirements.--
                    (A) In general.--Of the total rehabilitation 
                projects costs--
                            (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 rehabilitation project 
                        costs, as identified in the repayment contract, 
                        shall be 75 percent.
                            (ii) Non-federal share.--The non-Federal 
                        share of the total reimbursable project costs, 
                        as identified in the repayment contract, shall 
                        be the lesser of--
                                    (I) the amount that is equal to 25 
                                percent of the total reimbursable costs 
                                of carrying out the project; or
                                    (II) $25,000,000.
                    (C) Form of non-federal share.--The non-Federal 
                share required under subparagraphs (A) and (B) may be 
                in the form of--
                            (i) any in-kind, documented contribution of 
                        goods or services, whether provided before, on, 
                        or after the date of enactment of this Act; or
                            (ii) any amounts paid by the State, the 
                        Blackfeet Tribe, or other affected 
                        rehabilitation project stakeholders, whether 
                        paid before, on, or after the date of enactment 
                        of this Act, for engineering or other studies 
                        that contribute to the rehabilitation and 
                        improvement of the St. Mary Diversion and 
                        Conveyance Works.
            (5) Limitation on certain project costs.--
                    (A) Administrative costs.--The total amount of 
                funds expended by the Secretary for the administration 
                of the rehabilitation project shall be not more than 4 
                percent of the amount provided for the total 
                rehabilitation project construction budget.
                    (B) Design and construction.--The total amount of 
                funds expended by the Secretary for design, and 
                construction oversight of the rehabilitation project 
                shall be not more than 20 percent of the amount 
                provided for the total rehabilitation project 
                construction budget.
            (6) Construction funds.--The Secretary shall not obligate 
        any funds made available for rehabilitation project 
        construction activities authorized under this subsection 
        until--
                    (A) any applicable requirements of the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) have been met;
                    (B) a final engineering report has been--
                            (i) prepared and submitted to the 
                        Secretary; and
                            (ii) transmitted by the Secretary to the 
                        Committee on Energy and Natural Resources of 
                        the Senate and the Committee on Resources of 
                        the House of Representatives by the date that 
                        is 60 days after the date on which the report 
                        has been submitted to the Secretary; and
                    (C) a contract providing for the repayment of 
                reimbursable costs for the rehabilitation project has 
                been entered into by the Secretary and the applicable 
                non-Federal entities.
            (7) Employment preference.--The Secretary shall require 
        that any contract or subcontract for the construction of the 
        rehabilitation project include a provision that the contractor 
        or subcontractor provide a hiring preference to qualified 
        members of the Blackfeet Tribe.
            (8) Deadline.--The rehabilitation project shall be 
        substantially complete by not later than January 1, 2018.

SEC. 4. EMERGENCY RESPONSE PLAN.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, in consultation with the 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.
    (b) Contents.--The emergency response plan shall--
            (1) 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;
            (2) 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;
            (3) define the responsibilities of emergency response 
        personnel in the event of a catastrophic infrastructure 
        failure;
            (4) 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;
            (5) establish public notification procedures to be carried 
        out in the event of a catastrophic infrastructure failure;
            (6) provide for the repair or replacement of failed 
        infrastructure with components that are compatible with the 
        rehabilitation project;
            (7) include a cost-sharing agreement that--
                    (A) specifies the manner in which costs will be 
                shared and any reimbursable amounts will be repaid if 
                the emergency response plan is implemented; and
                    (B) is consistent with subsection (e); and
            (8) incorporate any other elements that the Secretary, in 
        consultation with 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.
    (c) Title.--Title to all project works and facilities constructed 
under this section shall be held by the United States.
    (d) Development Costs.--Any costs incurred by the Secretary in 
developing the emergency response plan shall be nonreimbursable.
    (e) Implementation Costs.--
            (1) In general.--Except as provided in paragraph (2), the 
        cost-sharing requirements of section 3(b)(4) shall apply to any 
        costs of implementing the emergency response plan under this 
        section.
            (2) Blackfeet tribe.--Notwithstanding paragraph (1), any 
        Federal funds provided for noninfrastructure activities carried 
        out under this section on the Blackfeet Reservation are 
        nonreimbursable and nonreturnable to the United States.

SEC. 5. EMERGENCY RESPONSE PLAN FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a revolving fund, consisting of--
            (1) such amounts as are appropriated to the Fund under 
        section 10(d); and
            (2) any interest earned on investment of amounts in the 
        Fund under subsection (c).
    (b) Expenditures From Fund.--
            (1) In general.--If the Secretary 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.
            (2) Report.--Not later than 60 days after the date on which 
        amounts from the Fund are transferred to the Secretary under 
        paragraph (1), the Secretary shall submit to the Committee on 
        Energy and Natural Resources of the Senate and the Committee on 
        Resources of the House of Representatives a report that 
        describes--
                    (A) the event that triggered the determination that 
                a catastrophic infrastructure failure had occurred;
                    (B) the amount transferred to the Secretary from 
                the Fund;
                    (C) a description of any construction carried out 
                using the amounts transferred; and
                    (D) the estimated cost of completing any 
                construction being carried out under the emergency 
                response plan.
    (c) Investment of Amounts.--
            (1) 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.
            (2) Interest-bearing obligations.--Investments may be made 
        only in interest-bearing obligations of the United States.
            (3) Acquisition of obligations.--For the purpose of 
        investments under paragraph (1), obligations may be acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at the 
                market price.
            (4) Sale of obligations.--Any obligation acquired by the 
        Fund may be sold by the Secretary of the Treasury at the market 
        price.
            (5) 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.
    (d) Termination of Fund.--
            (1) In general.--If the Secretary 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 authorized under section 
                3(b)(1).
            (2) Additional funds.--Amounts made available for the 
        construction of the rehabilitation project under paragraph 
        (1)(B) shall be in addition to the amounts made available for 
        the rehabilitation project under section 10(b).

SEC. 6. MILK RIVER PROJECT.

    (a) Authorized Uses.--Notwithstanding any other provision of law--
            (1) the authorized uses of Lake Sherburne Reservoir, St. 
        Mary Diversion and Conveyance Works, Fresno Reservoir, Nelson 
        Reservoir, and the Vandalia Diversion Dam shall include 
        irrigation, flood control, the provision of municipal and 
        industrial water supplies, recreation, fish and wildlife 
        conservation and development, and water conservation; and
            (2) the Milk River Project shall be operated--
                    (A) primarily for the purpose of irrigation; and
                    (B) in a manner that does not interfere with any 
                contracts in existence on the date of enactment of this 
                Act that are executed under the reclamation laws.
    (b) Service Area.--The service area of the Milk River Project is--
            (1) the Milk River Basin; and
            (2) the portion of the St. Mary River Basin that is 
        accessible to the Milk River Project.
    (c) Feasibility Studies.--
            (1) Priority.--In consultation with the State and affected 
        Milk River Project stakeholders, the Secretary shall prioritize 
        the Milk River Project structures that are in need of 
        rehabilitation and improvement.
            (2) Preparation of studies.--The Secretary or the non-
        Federal project sponsor shall prepare 1 or more feasibility 
        studies for Milk River Project structures in order of the 
        priority established under paragraph (1).
            (3) Costs.--The costs of any feasibility studies prepared 
        under paragraph (2) shall be--
                    (A) considered to be Milk River Project 
                rehabilitation and improvement costs; and
                    (B) reimbursable if the proposed Milk River Project 
                rehabilitation and improvement is carried out.
            (4) Cooperative agreements.--The Secretary may enter into 
        any cooperative agreements with the non-Federal project 
        sponsors that the Secretary determines to be necessary to carry 
        out this subsection.
    (d) Milk River Project Rehabilitation and Improvement Costs.--The 
cost-sharing requirements of section 3(b)(4) shall apply to the costs 
of studying, designing, planning, and constructing any rehabilitation 
of, or improvements to, Milk River Project structures that are carried 
out in accordance with a feasibility study prepared under subsection 
(c).

SEC. 7. BLACKFEET TRIBE.

    (a) Protection of Land and Water Rights.--In carrying out the 
rehabilitation project, the Secretary shall ensure that the land and 
water rights held in trust for the benefit of the Blackfeet Tribe and 
the members of the Blackfeet Tribe are protected.
    (b) Settlement of Milk River Project Claims.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary shall resolve any land, water, 
        environmental, and other claims of the Blackfeet Tribe against 
        the United States relating to the portions of the Milk River 
        Project located within the exterior boundaries of the Blackfeet 
        Reservation.
            (2) Costs.--Any Federal funds expended under paragraph (1) 
        shall be nonreimbursable and nonreturnable to the United 
        States.
            (3) Report.--Not later than January 1, 2008, or if the 
        Secretary and the Blackfeet Tribe agree to a later date, the 
        date agreed to by the Secretary and the Blackfeet Tribe, the 
        Secretary shall submit to Congress a report that describes the 
        resolution of any claims under paragraph (1), including a 
        description of the amount of funds necessary to resolve the 
        claims.
    (c) Blackfeet Projects.--
            (1) Identification of projects.--The Secretary, in 
        consultation with the Blackfeet Tribe, shall identify 
        appropriate Blackfeet projects to improve economic conditions 
        on the Blackfeet Reservation.
            (2) Feasibility studies.--
                    (A) In general.--The Secretary shall complete 1 or 
                more studies to determine the feasibility of carrying 
                out the Blackfeet projects identified under paragraph 
                (1).
                    (B) Use of existing studies.--In preparing a study 
                under subparagraph (A), the Secretary shall, to the 
                maximum extent practicable, use any existing studies 
                that are identified by the Blackfeet Tribe.
                    (C) Considerations.--The Secretary may consider the 
                use of the St. Mary Diversion and Conveyance Works in--
                            (i) the preparation of a feasibility study 
                        under this paragraph; and
                            (ii) the subsequent planning, design, and 
                        construction of any Blackfeet projects that are 
                        recommended to be carried out under this 
                        subsection.
                    (D) Cooperative agreements.--The Secretary may 
                enter into 1 or more cooperative agreements with the 
                Blackfeet Tribe to carry out a feasibility study under 
                this paragraph.
                    (E) Report.--Not later than 180 days after the date 
                on which a feasibility study is completed under this 
                paragraph, the Secretary shall submit to Congress a 
                report that--
                            (i) identifies any Blackfeet projects 
                        proposed to be carried out under this 
                        subsection; and
                            (ii) describes the amount of funds 
                        necessary for the recommended Blackfeet 
                        projects.
    (d) Hydropower Preference.--The Blackfeet Tribe shall be eligible 
for preference in the development of hydropower generation on all 
facilities of the St. Mary Diversion and Conveyance Works located 
within the exterior boundaries of the Blackfeet Reservation on the same 
basis as municipalities under the Federal Power Act (16 U.S.C. 791a et 
seq.) and the reclamation laws (including the Reclamation Project Act 
of 1939 (43 U.S.C. 485 et seq.)).
    (e) Employment Preference.--The Secretary shall require that any 
contract or subcontract for the construction of the rehabilitation 
project require that the contractor or subcontractor provide a hiring 
preference to qualified members of the Blackfeet Tribe.
    (f) Blackfeet Irrigation Project.--
            (1) Feasibility studies.--
                    (A) In general.--As soon as practicable after the 
                date on which the Secretary completes an appraisal 
                investigation of the Blackfeet Irrigation Project, the 
                Secretary shall conduct 1 or more studies to determine 
                the feasibility of rehabilitating and improving the 
                Blackfeet Irrigation Project structures that are 
                determined by the Secretary to be in need of 
                rehabilitation or improvement based on the appraisal 
                investigation.
                    (B) Nonreimbursable costs.--Any costs incurred in 
                carrying out a feasibility study under subparagraph (A) 
                are nonreimbursable and nonreturnable to the United 
                States.
                    (C) Cooperative agreement.--The Secretary may enter 
                into 1 or more cooperative agreements with the 
                Blackfeet Tribe for the conduct of the feasibility 
                studies under subparagraph (A).
                    (D) Employment preference.--With respect to hiring 
                or contracting for individuals to carry out a 
                feasibility study under subparagraph (A), the Secretary 
                shall give preference to any member of the Blackfeet 
                Tribe that the Secretary determines to be qualified for 
                the position.
            (2) Report.--Not later than 180 days after the date on 
        which a feasibility study is completed under paragraph (1), the 
        Secretary shall submit to Congress a report that--
                    (A) includes recommendations for the rehabilitation 
                and improvement of the Blackfeet Irrigation Project; 
                and
                    (B) describes the amount of funds necessary for the 
                rehabilitation and improvement of the Blackfeet 
                Irrigation Project.

SEC. 8. FORT BELKNAP RESERVATION FEASIBILITY STUDY.

    (a) In General.--The Secretary shall conduct 1 or more studies to 
determine the feasibility of developing a safe and adequate rural, 
municipal, and industrial water supply project for the residents of the 
Fort Belknap Reservation and surrounding communities.
    (b) Costs.--Any costs incurred in carrying out the feasibility 
study under subsection (a) are nonreimbursable and nonreturnable to the 
United States.

SEC. 9. EFFECT.

    (a) In General.--Nothing in this Act--
            (1) create or alters--
                    (A) any Federal reserved water right; or
                    (B) any other right to the use of water;
            (2) expands or diminishes any Federal, State, or tribal 
        jurisdiction or authority over--
                    (A) water resources development or control; or
                    (B) water rights;
            (3) alters the private ownership of any structures, canals, 
        and laterals owned by the Chinook Division; or
            (4) prohibits the Secretary, as part of an Indian water 
        rights settlement, from using any project facilities to deliver 
        water from the St. Mary River for the use of the Blackfeet 
        Tribe.
    (b) Reclamation Laws.--No activity carried out under this Act shall 
be considered to be a supplemental, additional, or new benefit under 
the reclamation laws, including the Reclamation Reform Act of 1982 (43 
U.S.C. 390aa et seq.).

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) St. Mary Diversion and Conveyance Works Feasibility Studies.--
There is authorized to be appropriated to carry out section 3(a) 
$15,000,000, to remain available until expended.
    (b) St. Mary Diversion and Conveyance Works Rehabilitation 
Project.--
            (1) In general.--Subject to paragraph (2), there is 
        authorized to be appropriated to carry out section 3(b) 
        $135,000,000.
            (2) Adjustment.--The amount authorized under paragraph (1) 
        shall be adjusted as necessary to account for increases in 
        development costs after January 31, 2005, as determined using 
        applicable engineering cost indices.
    (c) Emergency Response Plan.--There is authorized to be 
appropriated to carry out section 4 $2,000,000.
    (d) Emergency Fund.--There is authorized to be appropriated to the 
Fund $15,000,000.
    (e) Milk River Project Feasibility Studies.--There is authorized to 
be appropriated to carry out section 6(c) $10,000,000.
    (f) Blackfeet Projects.--There is authorized to be appropriated to 
carry out section 7(c) $1,000,000.
    (g) Blackfeet Irrigation Project.--There is authorized to be 
appropriated to carry out section 7(f) $5,000,000.
    (h) Fort Belknap Reservation Feasibility Study.--There is 
authorized to be appropriated to carry out section 8 $1,000,000.
                                 <all>