[Congressional Record Volume 167, Number 73 (Wednesday, April 28, 2021)]
[Senate]
[Page S2302]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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