29–010 

Calendar No. 131 

113TH CONGRESS REPORT " ! SENATE 1st Session 113–74 

MNI WICONI PROJECT ACT AMENDMENTS 

JULY 15, 2013.—and ordered to be printed 

Mr. WYDEN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 684] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 684) to amend the Mni Wiconi Project Act of 

1988 to facilitate completion of the Mni Wiconi Rural Water Supply 

System, and for other purposes, having considered the same, reports favorably thereon with amendments and recommends that 

the bill, as amended, do pass. 

The amendments are as follows: 

1. On page 5, line 4, insert ‘‘, as set forth in the plans for completion developed under subsection (a)’’ after ‘‘transfer of existing 

water systems’’. 

2. On page 8, line 10, strike ‘‘authority’’ and insert ‘‘authorities’’. 

3. On page 8, line 14, insert ‘‘also’’ before ‘‘be used’’. 

4. 7 On page 11, strike lines 5 through 16 and insert the following: 

‘‘(A) IN GENERAL.—After the date on which public or tribal water systems on the Pine Ridge Indian Reservation, the Rosebud Indian Reservation, and the Lower Brule Indian Reservation that 

are in existence on the date of enactment of this 

paragraph have been brought up to the standards 

for the water systems established in the plans developed under section 3C(a), but not later than 15 

years after the date of enactment of this paragraph, title to each of the water systems shall be 

transferred to the United States, to be held in 

trust for the benefit of the applicable Indian tribe, 

on the request of the Oglala Sioux Tribes, the 


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Rosebud Sioux Tribe, or the Lower Brule Sioux 

Tribe, as applicable, and the owner of the water 

system. 

5. On page 11, line 22, strike ‘‘proposed to be transferred’’ and 

insert ‘‘proposed, by request of the owner of the water system, to 

be transferred and improved’’. 

PURPOSE

The purpose of S. 684 is to amend the Mni Wiconi Project Act 

of 1988 to facilitate completion of the Mni Wiconi Rural Water Supply System. 

BACKGROUND AND NEED

The Mni Wiconi Project Act of 1988 (Public Law 100–516) authorized the construction of the Mni Wiconi Rural Water Supply 

Project (Project) which provides drinking water for residents of 

three tribal water systems and one non-tribal system where previous water supplies were insufficient or of poor quality. For instance, Shannon County, South Dakota, one of the counties where 

part of the Project is located, is the poorest county in the United 

States, and the lack of water supplies restricts efforts to promote 

economic development on the reservation. The United States has a 

trust responsibility to ensure that adequate and safe water supplies are available. 

The original project included the Oglala Sioux Rural Water Supply System, the West River Rural Water System, and the LymanJones Rural Water System. In 1994, the West River and the 

Lyman-Jones Rural Water System merged. Amendments to the 

Project were adopted in 1994 that added the Rosebud Sioux and 

the Lower Brule Sioux Rural Water Systems and raised the authorized appropriation ceiling for the Project to $263.2 million. The 

Project was reauthorized in 2002 (Public Law 110–367) and amended again by the Consolidated Appropriations Act, 2008 (Public Law 

110–161), to extend the sunset date to 2013. Once completed, the 

Project is estimated to serve 52,000 people, including more than 

40,000 people on the three Indian reservations. 

Similar to other large Federal rural water projects, appropriations have failed to keep pace with projected timelines, and additional costs have cut into construction funding. Accordingly, project 

beneficiaries are asking the Congress for an increase in the cost 

ceiling and extension of its authorization in order to be completed 

and serve the designated population. Without an adjustment to the 

cost ceiling, project beneficiaries argue that some portions of the 

Oglala Sioux Rural Water Supply System and Rosebud Sioux Rural 

Water System will remain incomplete. S. 684 would raise the 

Project ceiling by $14.3 million and push back the completion date 

to 2016 in order to complete the Project. 

LEGISLATIVE HISTORY

S. 684 was introduced by Senator Johnson of South Dakota on 

April 9, 2013. The Subcommittee on Water and Power held a hearing on S. 684 on April 16, 2013. At its business meeting on May 

16, 2013, the Committee ordered S. 684 favorably reported. 


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In the 112th Congress, Senator Johnson introduced similar legislation, S. 3464. The Subcommittee on Water and Power held a 

hearing on September 19, 2012 (S.Hrg. 112–624). 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on May 16, 2013, by a voice vote of a quorum 

present, recommends that the Senate pass S. 684, if amended as 

described herein. Senators Risch, Lee, and Scott requested to be recorded as voting no. 

COMMITTEE AMENDMENTS

During its consideration of S. 684, the Committee adopted five 

amendments. The principal amendment clarifies that once the tribal water systems have been brought up to the standards as established in the plans for completion of the systems, but not later than 

15 years after the date of enactment of S. 684, title to each system 

shall be transferred to the United States, to be held in trust for the 

benefit of the applicable Indian tribe. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides for the short title, the ‘‘Mni Wiconi Project Act 

Amendments of 2013.’’ 

Section 2 amends section 3 of the Mni Wiconi Project Act of 1988 

(Public Law 100–516) to plan for the completion of the Rural Water 

Supply System in Oglala Sioux, Rosebud Sioux, and Lower Brule 

Sioux. The Secretary of the Interior is directed to consult with Federal agencies and assist the Bureau of Reclamation in improving 

and repairing existing community water systems that are to be included within the project. 

Section 3(a) amends section 10(a) of the Mni Wiconi Project Act 

of 1988 (Public Law 100–516) to extend the authorization date to 

2016 and raises the authorized appropriation ceiling for the Project 

by $14.3 million in construction funding. 

Section 3(b) amends section 10(b) of the Mni Wiconi Project Act 

of 1988 (Public Law 100–516) to provide for the operation and 

maintenance of the Rural Water Supply System in Oglala Sioux, 

Rosebud Sioux, and Lower Brule Sioux. After the systems have 

been brought up to code as established by the plans set forth in the 

legislation by the owning entity, each public or tribal water system 

shall be transferred to the United States, to be held in trust for the 

benefit of the applicable Indian tribe. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of S. 684 has been provided by 

the Congressional Budget Office: 

S. 684—Mni Wiconi Project Act Amendments of 2013 

Summary: S. 684 would authorize the Secretary of the Interior, 

acting through the Bureau of Reclamation, to develop plans to complete the Oglala Sioux Rural Water Supply System, the Rosebud 

Sioux Rural Water Supply System, and the Lower Brule Sioux 

Rural Water Supply System in southwestern South Dakota. The 


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bill also would authorize the bureau to enter into agreements with 

other federal agencies to complete those projects. Based on information from the Bureau of Reclamation, and assuming appropriation of the necessary amounts, CBO estimates that implementing 

S. 684 would cost $29 million over the 2014–2018 period and an 

additional $62 million after 2018. 

Pay-as-you-go procedures do not apply to this legislation because 

it would not affect direct spending or revenues. 

S. 684 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act (UMRA). 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 684 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2014 2015 2016 2017 2018 2014– 

2018 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ...................................................... 0 8 12 6 6 32 

Estimated Outlays ........................................................................ 0 5 9 8 7 29 

Basis of Estimate: For this estimate, CBO assumes that S. 684 

will be enacted late in 2013 and that the necessary amounts will 

be appropriated over the next several years. 

S. 684 would require the Bureau of Reclamation to develop plans 

to complete the three water supply systems in southwestern South 

Dakota within 15 years. Those plans would require the bureau to 

enter into agreements with other federal agencies, including the 

Environmental Protection Agency, the Department of Agriculture, 

the Department of Housing and Urban Development, and the Bureau of Indian Affairs, to upgrade those systems, connect certain 

rural water users to those systems, and construct a water distribution system for livestock. The bureau also would be required to 

complete drinking water distribution systems on two Indian reservations that are part of the affected water supply systems. 

S. 684 would specifically authorize the appropriation of $14 million for the bureau to complete the necessary activities and would 

authorize the appropriation of whatever sums are necessary for 

other agencies to assist in completion of that work. Under the bill, 

the bureau would be tasked with coordinating work by all federal 

agencies. Based on information from the Bureau of Reclamation, 

CBO estimates that enacting the legislation would cost $29 million 

over the 2014–2018 period and an additional $62 million after 

2018. 

Pay-As-You-Go considerations: None. 

Intergovernmental and private-sector impact: S. 684 contains no 

intergovernmental or private-sector mandates as defined in UMRA. 

Enacting this bill would benefit tribes in South Dakota. 

Estimate prepared by: Federal Costs: Aurora Swanson; Impact 

on State, Local, and Tribal Governments: Melissa Merrell; Impact 

on the Private Sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 


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REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 684. 

The bill is not a regulatory measure in the sense of imposing 

Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 684, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 684, as introduced by Senator Johnson and reported by the 

Committee authorizes appropriation of an additional $14,308,000 to 

complete the planning, design, and construction of the Oglala Sioux 

Rural Water Supply System, the Rosebud Sioux Rural Water Supply System, the Lower Brule Sioux Rural Water Supply System, 

the West River Rural Water Supply System, and the Lyman-Jones 

Rural Water Supply System. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the U.S. Department of the Interior, 

Bureau of Reclamation at the April 16, 2013, Subcommittee on 

Water and Power hearing on S. 684 follows: 

STATEMENT OF ROBERT QUINT, SENIOR ADVISOR, BUREAU

OF RECLAMATION, DEPARTMENT OF THE INTERIOR

Chairman Schatz and members of the Subcommittee, I 

am Bob Quint, Senior Advisor at the Bureau of Reclamation (Reclamation). I am pleased to provide the views of 

the Department of the Interior (Department) on S. 684, 

the Mni Wiconi Project Act Amendments of 2013. The Department recognizes that meaningful changes to this bill 

have been made since prior related legislation was heard 

during the 112th Congress. However, if enacted, this updated version of the bill would still expand the scope and 

authorization ceiling of the Mni Wiconi Rural Water Supply Project, and have significant impacts on the budgets of 

both Reclamation and the Bureau of Indian Affairs. For 

the reasons described below, the Department cannot support S. 684. 

The Mni Wiconi Rural Water Supply Project is a municipal, rural and industrial project that serves both tribal 

and non-tribal populations of the Pine Ridge, Rosebud, and 

Lower Brule Indian Reservations and the West River 

Lyman-Jones Rural Water System in seven counties of 

southwestern South Dakota. Responsibilities of the Secretary under the Mni Wiconi Rural Project Act (Public Law 

100–516) include the operation and maintenance of existing water systems, including the core treatment plant and 

pipelines, and appurtenant facilities on the Pine Ridge, 


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Rosebud and Lower Brule Indian Reservations. With the 

funding requested in the President’s FY 2013 budget, the 

majority of the population of the project will be served. 

The Lower Brule and West River Lyman-Jones portions of 

the project will be completed. Generally those not connected to the project (approximately 2.5% of the population 

on Rosebud and Pine Ridge Reservation) are served by 

community water systems or individual wells. Reclamation 

would be happy to facilitate or coordinate action with other 

federal agencies to address the needs identified by the 

bill’s sponsor. Reclamation has a backlog of authorized but 

not constructed projects. Therefore, we have concerns 

about adding to the scope of an existing project that is 

nearly complete. 

Section 2 of S. 684 directs the Secretary of the Interior 

to develop a plan for completion of the Oglala Sioux Rural 

Water Supply System, the Rosebud Sioux Rural Water 

Supply System, and the Lower Brule Sioux Rural Water 

System. Planning the completion of the systems is dependent on future appropriations as well as Reclamation’s need 

for flexibility in decision-making relative to all authorized 

rural water projects. Reclamation must constantly assess 

and prioritize these kinds of projects to maximize the 

agency’s ability to meet its programmatic goals, to maximize water deliveries to rural communities as efficiently as 

possible, and to reflect the diverse needs and circumstances facing each individual project. The Department would like to work with project sponsors of the bill 

to discuss plans for completion, and clarifying the roles, responsibilities, and authorities of Federal agencies involved 

in the project. An interagency agreement, as proposed by 

Reclamation during the August 8, 2012 Joint Consultation 

Meeting with Federal Agencies, has the potential to 

achieve many of these objectives. Further, Reclamation is 

continuing to evaluate the facility improvements needed to 

transfer and incorporate existing community water systems. 

Section 2 also directs the Director of the Bureau of Indian Affairs, through the use of existing programs and annual appropriations, to assist the Secretary in completing 

the Oglala Sioux Rural Water Supply System, the Rosebud 

Sioux Rural Water System, and the Lower Brule Sioux 

Rural Water System by constructing, repairing, and upgrading plumbing fixtures, skirting, and other necessary 

features, such as septic tanks and drainfields, to ensure 

that houses within the service areas are able to meet the 

standards for connecting to those systems. The Bureau of 

Indian Affairs has no existing programs or annual appropriations for the construction, repair, or upgrading of 

plumbing fixtures or septic systems on private residences. 

Such function has usually been the responsibility of Health 

and Human Services or Indian Health Service. 

Section 3(a) of S. 684 would increase the authorized Mni 

Wiconi cost ceiling by an additional $14,308,000, based on 

October 1, 2011, price levels. Reclamation has worked 


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closely with the project sponsors to ensure completed features will be functional and provide intended benefits 

within the currently authorized cost ceiling. The Department continues to believe that the FY 2013 President’s request of $23 million for construction provides sufficient 

funding to meet the objectives of the Project as authorized. 

Recently enacted final appropriations for FY 2013 will determine final allocations to the project. In FY 2014, the 

Department is continuing to meet its longer-term obligation to fund operations and maintenance for the Mni 

Wiconi project’s Indian sponsors features through Reclamation’s request for $12 million in new FY 2014 appropriations. 

Section 3(b)(5) would transfer existing public or tribal 

water systems ‘‘in trust to the applicable rural water system’’ upon requests from the Tribes or owner of such system. This language leaves some uncertainty in ownership 

as it doesn’t identify the nature of the ‘‘trust’’. Language 

in sections 3A(e) and 3B(e) of the current Act identifies 

that ownership is to be held in trust for the tribe by the 

United States. Section 3(b) also authorizes appropriations 

for operation and maintenance to be used for the improvement, repair, and replacement of existing public or tribal 

water systems prior to and after their transfer into the respective project system. Reclamation had previously determined that the costs of upgrading existing community facilities should be properly allocated to the construction 

component of the project. Since these existing systems 

were originally constructed using funds and authorities of 

other agencies, Reclamation believes any funding for improvements needed to correct deficiencies in existing systems should be discussed among the various responsible 

agencies before those systems are accepted into the project. 

This concludes my written statement. I would be pleased 

to answer questions at the appropriate time. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill S. 

684 as ordered reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is 

printed in italic, existing law in which no change is proposed is 

shown in roman): 

MNI WICONI PROJECT ACT OF 1988 

(Public Law 100–516; as amended) 

AN ACT To authorize construction of the Mni Wiconi Rural Water Supply Project, 

and for other purposes. 

* * * * * * * 

SEC. 3. OGLALA SIOUX RURAL WATER SUPPLY SYSTEM. 

* * * * * * * 


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SEC. 3A. ROSEBUD SIOUX RURAL WATER SYSTEM. 

* * * * * * * 

SEC. 3B. LOWER BRULE SIOUX RURAL WATER SYSTEM. 

* * * * * * * 

SEC. 3C. PLANS FOR COMPLETING THE OGLALA SIOUX RURAL WATER 

SUPPLY SYSTEM, ROSEBUD SIOUX RURAL WATER SYSTEM, 

AND LOWER BRULE SIOUX RURAL WATER SYSTEM. 

(a) PLANS FOR COMPLETION.— (1) IN GENERAL.—In consultation with the Oglala Sioux 

Tribe, the Rosebud Sioux Tribe, and the Lower Brule Sioux 

Tribe, as applicable, and the Federal agency heads listed in 

subsection (b)(1), the Secretary shall develop plans to complete 

the Oglala Sioux Rural Water Supply System, the Rosebud 

Sioux Rural Water System, and the Lower Brule Sioux Rural 

Water System. 

(2) CONTENTS.—The plan for each water supply system described in paragraph (1) shall require— 

(A) the completion of remaining components of the applicable system in accordance with the Final Engineering Report dated May 1993; 

(B) the improvement, repair, and replacement of existing 

water systems; and 

(C) the transfer of those existing water systems to the 

United States, to be held in trust for the Oglala Sioux 

Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux 

Tribe, as applicable, and made part of the applicable rural 

water system. 

(3) SUBMISSION TO CONGRESS.—Not later than 2 years after 

the date of enactment of this section, the Secretary shall submit 

to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of 

Representatives— 

(A) a copy of each plan developed under this subsection, 

including a schedule for full implementation of the plan 

that shall not exceed a period of 15 years after the date of 

enactment of this section; 

(B) a report that includes— 

(i) a description of the roles and responsibilities of 

each of the heads of the Federal agencies listed in subsection (b)(1) (including the Commissioner of the Bureau of Reclamation) relating to the completion of the 

water supply systems, including with respect to the improvement, repair, and replacement of the existing 

water systems before and after transfer; 

(ii) the program authorities of each Federal agency 

listed in subsection (b)(1) and a description of how the 

heads of the Federal agencies will work together to 

complete and implement the plans; and 

(iii) the amount of funding and any other need the 

Secretary determines to be necessary to complete and 

implement the plans; and 

(C) as applicable, a description of the roles and responsibilities of the heads of other Federal agencies that have 

existing authorities to provide assistance to the Oglala 


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Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule 

Sioux Tribe. 

(b) INTERAGENCY AGREEMENTS.— 

(1) IN GENERAL.—Notwithstanding any other provision of 

law, the Secretary shall enter into agreements with the Administrator of the Environmental Protection Agency, the Secretary 

of Agriculture, the Secretary of Health and Human Services, 

and the Secretary of Housing and Urban Development— 

(A) to fulfill the trust responsibility of the United States; 

and 

(B) to complete the Oglala Sioux Rural Water Supply 

System, the Rosebud Sioux Rural Water System, and the 

Lower Brule Sioux Rural Water System in accordance with 

the Final Engineering Report dated May 1993, including 

the transfer of existing water systems as set forth in the 

plans for completion developed under subsection (a). 

(2) COOPERATION.— 

(A) IN GENERAL.—The heads of the Federal agencies described in paragraph (1) shall assist the Secretary in completing the Oglala Sioux Rural Water Supply System, the 

Rosebud Sioux Rural Water System, and the Lower Brule 

Sioux Rural Water System pursuant to sections 3(a), 3A(a), 

and 3B(a), respectively, including by— 

(i) improving, repairing, and replacing existing 

water systems as set forth in the plans developed under 

subsection (a); and 

(ii) constructing new rural water facilities, service 

lines, and other necessary features. 

(B) ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION

AGENCY.—The Administrator of the Environmental Protection Agency shall assist the Secretary in meeting the environmental and safe drinking water needs of the Pine Ridge 

Indian Reservation, the Rosebud Indian Reservation, and 

the Lower Brule Indian Reservation, including through 

compliance with the Safe Drinking Water Act (42 U.S.C. 

300f et seq.). 

(C) SECRETARY OF HEALTH AND HUMAN SERVICES.—The 

Secretary of Health and Human Services shall assist the 

Secretary in meeting the water supply and public health 

needs of the Pine Ridge Indian Reservation, the Rosebud 

Indian Reservation, and the Lower Brule Indian Reservation, including through compliance with the Act of August 

5, 1954 (commonly known as the ‘Indian Sanitation Facilities Act’) (42 U.S.C. 2001 et seq.). 

(D) SECRETARY OF HOUSING AND URBAN DEVELOPMENT.— 

The Secretary of Housing and Urban Development shall assist the Secretary by carrying out projects to connect houses 

that are eligible for funding from the Department of Housing and Urban Development on the reservations of the Oglala Sioux Tribe, the Rosebud Sioux Tribe, and the Lower 

Brule Sioux Tribe, through plumbing, water pipes, appurtenances, and interconnections to the Oglala Sioux Rural 

Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System, reVerDate Mar 15 2010 22:16 Jul 17, 2013 Jkt 029010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6603 E:\HR\OC\SR074.XXX SR074

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spectively, to meet the water conservation standards of 

those water supply systems. 

(3) LIVESTOCK DISTRIBUTION SYSTEMS.— (A) IN GENERAL.—The Secretary and the Secretary of Agriculture shall, through the use of authorities of the Bureau 

of Indian Affairs and the Department of Agriculture, respectively, complete, during a period not to exceed 15 years 

after the date of enactment of this section, the livestock distribution system for the Oglala Sioux Rural Water Supply 

System and the Rosebud Sioux Rural Water System, consistent with the Final Engineering Report dated May 1993. 

(B) ADMINISTRATION.—For each water supply system described in subparagraph (A), the Secretary shall enter into 

agreements with the Secretary of Agriculture and the Director of the Bureau of Indian Affairs that set forth the specific responsibilities of each agency concerning the construction of the livestock distribution systems. 

(4) LEAD AGENCY.—The Department of the Interior, acting through the Bureau of Reclamation, shall act as the 

lead agency in carrying out this section. 

(5) ADMINISTRATION.— (A) IN GENERAL.—Each agency head shall carry out the 

duties of the agency head under this subsection out of 

amounts made available to the agency head under annual 

appropriations and existing authorities. 

(B) AUTHORIZATION OF USE OF OTHER FEDERAL AGENCY

FUNDS.—Amounts made available to agencies other than 

the Bureau of Reclamation may also be used to carry out 

this Act. 

(C) ADDITIONAL FUNDING REQUESTS.—Nothing in this 

subsection prohibits the Oglala Sioux Tribe, the Rosebud 

Sioux Tribe, or the Lower Brule Sioux Tribe from applying 

for, seeking, or obtaining amounts from the Federal agencies referred to in paragraph (1) for any other purpose. 

(c) UPGRADING STANDARDS FOR CONNECTING HOMES.—The Director of the Bureau of Indian Affairs shall, through the use of existing 

programs and annual appropriations, assist the Secretary in completing the Oglala Sioux Rural Water Supply System, the Rosebud 

Sioux Rural Water System, and the Lower Brule Sioux Rural Water 

System by constructing, repairing, and upgrading plumbing fixtures, skirting, and other necessary features, such as septic tanks 

and drainfields, to ensure that houses within the service areas are 

able to meet the standards for connecting to those water systems. 

* * * * * * * 

SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

(a) PLANNING, DESIGN, AND CONSTRUCTION.—There are authorized to be appropriated $263,241,000 øand $58,800,000 (based on 

October 1, 1997, price levels)¿ $58,800,000 (based on October 1, 

1997 price levels), and $14,308,000 (based on October 1, 2011 price 

levels) for the planning, design, and construction of the Oglala 

Sioux Rural Water Supply System, the Rosebud Sioux Rural Water 

Supply System, the Lower Brule Sioux Rural Water Supply System, the West River Rural Water Supply System, and the LymanJones Rural Water Supply System described in section 3, 3A, 3B, 


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and 4. Such funds are authorized to be appropriated only through 

the end of the year ø2013¿ 2016. The funds authorized to be appropriated by the first sentence of this section, less any amounts previously obligated for the Systems, may be increased or decreased 

by such amounts as may be justified by reason of ordinary fluctuations in development costs incurred after October 1, 1992 (with respect to the $263,241,000), øand October 1, 1997 (with respect to the $58,800,000)¿ $58,800,000 (based on October 1, 1997 price lev- els), and $14,308,000 (based on October 1, 2011 price levels), as indicated by engineering costs indices applicable for the type of construction involved. 

* * * * * * * 

(b) OPERATION AND MAINTENANCE OF OGLALA SIOUX RURAL

WATER SUPPLY SYSTEM, ROSEBUD SIOUX RURAL WATER SUPPLY

SYSTEM AND LOWER BRULE SIOUX RURAL WATER SUPPLY SYSTEM.— øThere are¿ 

(1) OPERATION AND MAINTENANCE.— (A) IN GENERAL.—There are authorized to be appropriated such sums as may be necessary for the operation 

and maintenance of the Oglala Sioux Rural Water Supply 

System, Rosebud Sioux Rural Water Supply System and 

Lower Brule Sioux Rural Water Supply System. øThe operation¿ 

(B) WEST RIVER AND LYMAN-JONES RURAL WATER SYS- TEMS.— 

(i) IN GENERAL.—The operation and maintenance expenses associated with water deliveries to the West 

River and Lyman-Jones Rural Water Systems are a 

non-Federal responsibility and for such deliveries the 

Secretary shall enter into a contract with the West 

River and Lyman-Jones Systems for the payment of 

an annual operation and maintenance fee. øSuch fee¿ 

(ii) FEE BASIS.—The fee described in clause (i) shall 

be based on the incremental operation and maintenance costs for water actually delivered each year to 

the West River and Lyman-Jones Rural Water Systems. øSuch operation and maintenance payments¿ 

(iii) ADJUSTMENT OF PAYMENTS.—The operation and 

maintenance payments under this subparagraph shall 

be increased or decreased by such amounts as may be 

justified by reason of ordinary fluctuations as indicated by indices applicable to comparable regional 

rural water supply systems for the type of operation 

and maintenance involved. 

(2) COMMUNITY WATER SYSTEMS UPGRADES.— (A) IN GENERAL.—After the date on which the public or 

tribal water systems on the Pine Ridge Indian Reservation, 

the Rosebud Indian Reservation, and the Lower Brule Indian Reservation that are in existence on the date of enactment of this paragraph have been brought up to the standards for the water systems established in the plans developed under section 3C(a), but not later than 15 years after 

the date of enactment of this paragraph, title to each of the 

water systems shall be transferred to the United States, to 

be held in trust for the benefit of the applicable Indian 


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12 

tribe, on the request of the Oglala Sioux Tribe, the Rosebud 

Sioux Tribe, or the Lower Brule Sioux Tribe, as applicable, 

and the owner of the water system. 

(B) IMPROVEMENTS AND REPAIRS AND REPLACEMENT.— The Secretary shall use amounts authorized to be appropriated under paragraph (1) for the improvement, repair, 

and replacement of any water system that is transferred or 

proposed, by request of the owner of the water system, to be 

transferred and improved under subparagraph (A). 

* * * * * * * 

Æ 


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