124 STAT. 3102 PUBLIC LAW 111–291—DEC. 8, 2010 SEC. 406. DESIGN AND CONSTRUCTION OF MR&I SYSTEM. (a) IN GENERAL.—The Secretary, acting through the Commis- sioner of Reclamation, shall plan, design, and construct the water diversion and delivery features of the MR&I System, in accordance with 1 or more agreements between the Secretary and the Tribe. (b) LEAD AGENCY.—The Bureau of Reclamation shall serve as the lead agency with respect to any activity to design and construct the water diversion and delivery features of the MR&I System. (c) SCOPE.— (1) IN GENERAL.—The scope of the design and construction under this section shall be as generally described in the docu- ment entitled ‘‘Crow Indian Reservation Municipal, Rural and Industrial Water System Engineering Report’’ prepared by DOWL HKM, and dated July 2008 and updated in a status report dated December 2009 by DOWL HKM, on the condition that prior to beginning construction activities, the Secretary shall review the design of the proposed MR&I System and perform value engineering analyses. (2) NEGOTIATION WITH TRIBE.—On the basis of the review described in paragraph (1), the Secretary shall negotiate with the Tribe appropriate changes to the final design so that the final design meets applicable industry standards, as well as changes, if any, that would improve the cost-effectiveness of the delivery of MR&I System water and take into consideration the equitable distribution of water to allottees. (d) NONREIMBURSABILITY OF COSTS.—All costs incurred by the Secretary in carrying out this section shall be nonreimbursable. (e) FUNDING.—The total amount of obligations incurred by the Secretary in carrying out this section shall not exceed $246,381,000, except that the total amount of $246,381,000 shall be increased or decreased, as appropriate, based on ordinary fluctuations from May 1, 2008, in construction cost indices applicable to the types of construction involved in the design and construction of the MR&I System. (f) TRIBAL IMPLEMENTATION AGREEMENT.— (1) IN GENERAL.—At the request of the Tribe, in accordance with applicable Federal law, the Secretary shall enter into 1 or more agreements with the Tribe to implement the provi- sions of this section by which the Tribe shall plan, design, and construct any or all of the rehabilitation and improvement required by this section. (2) OVERSIGHT COSTS.—The Bureau of Reclamation and the Tribe shall negotiate the cost of any oversight activities carried out by the Bureau of Reclamation for each agreement under this section, provided that the total cost for that oversight shall not exceed 4 percent of the total project costs. (g) ACQUISITION OF LAND.— (1) TRIBAL EASEMENTS AND RIGHTS-OF-WAY.— (A) IN GENERAL.—Upon request, and in partial consid- eration for the funding provided under section 414(b), the Tribe shall consent to the grant of such easements and rights-of-way over tribal land as may be necessary for the construction of the MR&I System authorized by this section at no cost to the United States. (B) JURISDICTION.—The Tribe shall retain criminal and civil jurisdiction over any lands that were subject to tribal Review.
