Union Calendar No. 435

103D CONGRESS

2D SESSION H. R. 3954

[Report No. 103–789]

A BILL

To expand the Mni Wiconi Rural Water Supply

Project, and for other purposes.

OCTOBER 3, 1994

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-
IB

Union Calendar No. 435

103D CONGRESS

2D SESSION H. R. 3954

[Report No. 103–789]

To expand the Mni Wiconi Rural Water Supply Project, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 3, 1994

Mr. JOHNSON of South Dakota introduced the following bill; which was

referred to the Committee on Natural Resources

OCTOBER 3, 1994

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed

[Omit the part struck through and insert the part printed in italic]

A BILL

To expand the Mni Wiconi Rural Water Supply Project,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Mni Wiconi Act

5 Amendments of 1994’’.
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1 SEC. 2. REFERENCE.

2 Whenever in this Act a section or other provision is

3 amended or repealed, such amendment or repeal shall be

4 considered to be made to that section or other provision

5 of the Mni Wiconi Project Act of 1988 (102 Stat. 2566).

6 SEC. 3. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Subsection (a) of section 2 (102

8 Stat. 2566) is amended—

9 (1) in paragraph (1), by striking ‘‘Reservation’’

10 and inserting ‘‘Reservation, Rosebud Indian Res11 ervation, and Lower Brule Indian Reservation’’;

12 (2) by redesignating paragraphs (3), (4), and

13 (5) as paragraphs (4), (5), and (6), respectively, and

14 by inserting after paragraph (2) the following new

15 paragraph:

16 ‘‘(3) the lack of water supplies on the Rosebud

17 Reservation and Lower Brule Reservation restrict

18 efforts to promote economic development on those

19 reservations;’’;

20 (3) in paragraph (5), as redesignated by para21 graph (2) of this subsection, by striking ‘‘Reserva22 tion;’’ and inserting ‘‘Reservation, Rosebud Indian

23 Reservation, and Lower Brule Indian Reservation;’’;

24 and

25 (4) in paragraph (6), as redesignated by para26 graph (2) of this subsection, by inserting ‘‘Rosebud
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1 Indian Reservation and Lower Brule Indian Res2 ervation,’’ after ‘‘Reservation,’’.

3 (b) PURPOSE.—Subsection (b) of section 2 (102 Stat.

4 2566) is amended by inserting ‘‘, Rosebud Indian Reserva5 tion, and Lower Brule Indian Reservation’’ after ‘‘Res6 ervation’’ each place it appears.

7 SEC. 4. OGLALA SIOUX RURAL WATER SUPPLY SYSTEM.

8 (a) AUTHORIZATION.—Subsection (a) of section 3

9 (102 Stat. 2567) is amended—

10 (1) in the matter preceding paragraph (1), by

11 striking ‘‘1988.’’ and inserting ‘‘1988, and as more

12 specifically described in the Final Engineering Re13 port dated May, 1993.’’; and

14 (2) by amending paragraph (3) to read as fol15 lows:

16 ‘‘(3) facilities to allow for interconnections with

17 the West River Rural Water System, Lyman-Jones

18 Rural Water System, Rosebud Sioux Rural Water

19 System, and Lower Brule Sioux Rural Water Sys20 tem;’’.

21 (b) CONSTRUCTION REQUIREMENTS.—Subsection (d)

22 of such section (102 Stat. 2568) is amended—

23 (1) by striking ‘‘West River Rural Water Sys24 tem, and the Lyman-Jones Rural Water System,’’;

25 and by inserting ‘‘West River Rural Water System,
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1 the Lyman-Jones Rural Water System, the Rosebud

2 Sioux Rural Water System, and the Lower Brule

3 Sioux Rural Water System,’’; and

4 (2) by striking ‘‘three systems’’ and inserting

5 ‘‘five systems authorized under this Act’’.

6 (c) TITLE TO SYSTEM.—Subsection (e) of such sec7 tion (102 Stat. 2568) is amended by inserting ‘‘or encum8 bered’’ after ‘‘transferred’’.

9 SEC. 5. WEST RIVER RURAL WATER SYSTEM AND LYMAN10 JONES RURAL WATER SYSTEM.

11 Section 4(a) of the Act is amended—

12 (1) in paragraph (2), by striking out ‘‘65 per

13 centum’’ and inserting in lieu thereof ‘‘80 percent’’;

14 and

15 (2) in paragraph (3), by striking out ‘‘35 per

16 centum’’ and inserting in lieu thereof ‘‘20 percent’’.

17 SEC. 5. 6. ROSEBUD SIOUX RURAL WATER SYSTEM AND

18 LOWER BRULE SIOUX RURAL WATER SYSTEM.

19 The Act is amended by inserting after section 3 the

20 following:

21 ‘‘SEC. 3A. ROSEBUD SIOUX RURAL WATER SYSTEM.

22 ‘‘(a) AUTHORIZATION.—The Secretary is authorized

23 and directed to plan, design, construct, operate, maintain,

24 and replace a municipal, rural, and industrial water sys25 tem, to be known as the Rosebud Sioux Rural Water Sys-
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1 tem, as generally described in the Rosebud Sioux Tribe

2 Municipal, Rural and Industrial Water Needs Assessment,

3 dated July 1993, and the Final Engineering Report for

4 the Mni Wiconi Rural Water Supply Project dated May,

5 1993. The Rosebud Sioux Rural Water system shall con6 sist of—

7 ‘‘(1) necessary pumping and treatment facili8 ties;

9 ‘‘(2) pipelines extending from the points of

10 interconnections with the Oglala Sioux Rural Water

11 System to the Rosebud Indian Reservation;

12 ‘‘(3) facilities to allow for interconnections with

13 the Lyman-Jones Rural Water Supply System;

14 ‘‘(4) distribution and treatment facilities to

15 serve the needs of the Rosebud Indian Reservation,

16 and other areas described in the Rosebud Sioux

17 Tribe Municipal, Rural and Industrial Water Needs

18 Assessment, dated July 1993, including (but not

19 limited to) the purchase, improvement and repair of

20 existing water systems, including systems owned by

21 individual tribal members and other residents of the

22 Rosebud Indian Reservation;

23 ‘‘(5) appurtenant buildings and property rights;

24 ‘‘(6) necessary property and property rights;
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1 ‘‘(7) electrical power transmission and distribu2 tion facilities necessary for services to water systems

3 facilities; and

4 ‘‘(8) such other pipelines, pumping plants, and

5 facilities as the Secretary deems necessary and ap6 propriate to meet the water supply, economic, public

7 health, and environmental needs of the reservation,

8 including (but not limited to) water storage tanks,

9 water lines, and other facilities for the Rosebud

10 Sioux Tribe and reservation villages, towns, and mu11 nicipalities.

12 ‘‘(b) AGREEMENT WITH NON-FEDERAL ENTITY TO

13 PLAN, DESIGN, CONSTRUCT, OPERATE AND MAINTAIN

14 THE ROSEBUD SIOUX RURAL WATER SUPPLY SYSTEM.—

15 ‘‘(1) In carrying out subsection (a), the Sec16 retary, with the concurrence of the Rosebud Sioux

17 Tribal Council, shall enter into cooperative agree18 ments with the appropriate non-Federal entity or en19 tities for planning, designing, constructing, operat20 ing, maintaining, and replacing the Rosebud Sioux

21 Rural Water System.

22 ‘‘(2) Such cooperative agreements shall set

23 forth, in a manner acceptable to the Secretary—

24 ‘‘(A) the responsibilities of the parties for

25 needs assessment, feasibility, and environmental
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1 studies; engineering and design; construction;

2 water conservation measures; and administra3 tion of any contracts with respect to this sub4 paragraph;

5 ‘‘(B) the procedures and requirements for

6 approval and acceptance of such design and

7 construction; and

8 ‘‘(C) the rights, responsibilities, and liabil9 ities of each party to the agreement.

10 ‘‘(3) Such cooperative agreements may include

11 purchase, improvement, and repair of existing water

12 systems, including systems owned by individual trib13 al members and other residents located on the Rose14 bud Indian Reservation.

15 ‘‘(4) The Secretary may unilaterally terminate

16 any cooperative agreement entered into pursuant to

17 this section if the Secretary determines that the

18 quality of construction does not meet all standards

19 established for similar facilities constructed by the

20 Secretary or that the operation and maintenance of

21 the system does not meet conditions acceptable to

22 the Secretary for fulfilling the obligations of the

23 United States to the Rosebud Sioux Tribe.

24 ‘‘(5) Upon execution of any cooperative agree25 ment authorized under this section, the Secretary is
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1 authorized to transfer to the appropriate non-Fed2 eral entity, on a nonreimbursable basis, the funds

3 authorized to be appropriated by section 10(a) for

4 the Rosebud Sioux Rural Water System.

5 ‘‘(c) SERVICE AREA.—The service area of the Rose6 bud Sioux Rural Water System shall extend to all of Todd

7 County, South Dakota, and to all other territory and lands

8 generally described in the Rosebud Sioux Tribe Municipal,

9 Rural and Industrial Water Needs Assessment, dated July

10 1993 and the Final Engineering Report for the Mni

11 Wiconi Rural Water Supply Project dated May 1993.

12 ‘‘(d) CONSTRUCTION REQUIREMENTS.—The pump13 ing plants, pipelines, treatment facilities, and other appur14 tenant facilities for the Rosebud Sioux Rural Water Sys15 tem shall be planned and constructed to a size sufficient

16 to meet the municipal, rural and industrial water supply

17 requirements of the Rosebud Sioux Tribe and the Lyman18 Jones Rural Water System, as generally described in the

19 Rosebud Sioux Tribe Municipal, Rural and Industrial

20 Water Needs Assessment, dated July 1993, and the Final

21 Engineering Report for the Mni Wiconi Rural Water Sup22 ply Project dated May, 1993, taking into account the ef23 fects of the conservation plans described in section 5. The

24 Rosebud Rural Water System and Lyman-Jones Rural

25 Water System may be interconnected and provided with
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1 water service from common facilities. Any joint costs asso2 ciated with common facilities shall be allocated to the

3 Rosebud Sioux Rural Water System.

4 ‘‘(e) TITLE TO SYSTEM.—Title to the Rosebud Sioux

5 Rural Water System shall be held in trust for the Rosebud

6 Sioux Tribe by the United States and shall not be trans7 ferred or encumbered without a subsequent Act of Con8 gress.

9 ‘‘(f) TECHNICAL ASSISTANCE.—The Secretary is au10 thorized and directed to provide such technical assistance

11 as may be necessary to the Rosebud Sioux Tribe to plan,

12 develop, construct, operate, maintain, and replace the

13 Rosebud Sioux Rural Water System, including (but not

14 limited to) operation and management training.

15 ‘‘(g) APPLICATION OF THE INDIAN SELF-DETER16 MINATION ACT.—Planning, design, construction, and op17 eration of the Rosebud Sioux Rural Water System shall

18 be subject to the provisions of the Indian Self-Determina19 tion Act (Public Law 93–638, 25 U.S.C. 450).

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

21 ‘‘(a) AUTHORIZATION.—The Secretary is authorized

22 and directed to plan, design, construct, operate, maintain,

23 and replace a municipal, rural, and industrial water sys24 tem, to be known as the Lower Brule Sioux Rural Water

25 System, as generally described in the Final Engineering
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1 Report for the Mni Wiconi Rural Water Supply Project,

2 dated May 1993. The Lower Brule Sioux Rural Water

3 System shall consist of—

4 ‘‘(1) necessary pumping and treatment facili5 ties;

6 ‘‘(2) pipelines extending from the points of

7 interconnections with the Oglala Sioux Rural Water

8 Supply System to the Lower Brule Indian Reserva9 tion;

10 ‘‘(3) facilities to allow for interconnections with

11 the Lyman-Jones Rural Water Supply System;

12 ‘‘(4) distribution and treatment facilities to

13 serve the needs of the Lower Brule Indian Reserva14 tion, including (but not limited to) the purchase, im15 provement and repair of existing water systems, in16 cluding systems owned by individual tribal members

17 and other residents of the Lower Brule Indian Res18 ervation;

19 ‘‘(5) appurtenant buildings and property rights;

20 ‘‘(6) necessary property and property rights;

21 ‘‘(7) electrical power transmission and distribu22 tion facilities necessary for services to water systems

23 facilities; and

24 ‘‘(8) such other pipelines, pumping plants, and

25 facilities as the Secretary deems necessary and ap-
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1 propriate to meet the water supply, economic, public

2 health, and environmental needs of the reservation,

3 including (but not limited to) water storage tanks,

4 water lines, and other facilities for the Lower Brule

5 Sioux Tribe and reservation villages, towns and mu6 nicipalities.

7 ‘‘(b) AGREEMENT WITH NON-FEDERAL ENTITY TO

8 PLAN, DESIGN, CONSTRUCT, OPERATE AND MAINTAIN

9 THE LOWER BRULE SIOUX RURAL WATER SUPPLY SYS10 TEM.—

11 ‘‘(1) In carrying out subsection (a), the Sec12 retary, with the concurrence of the Lower Brule

13 Sioux Tribal Council, shall enter into cooperative

14 agreements with the appropriate non-Federal entity

15 or entities for planning, designing, constructing, op16 erating, maintaining, and replacing the Lower Brule

17 Sioux Rural Water System.

18 ‘‘(2) Such cooperate cooperative agreements

19 shall set forth, in a manner acceptable to the Sec20 retary—

21 ‘‘(A) the responsibilities of the parties for

22 needs assessment, feasibility, and environmental

23 studies; engineering and design, construction;

24 water conservation measures; and administra-
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1 tion of any contracts with respect to this sub2 paragraph;

3 ‘‘(B) the procedures and requirements for

4 approval and acceptance of such design and

5 construction; and

6 ‘‘(C) the rights, responsibilities, and liabil7 ities of each party to the agreement.

8 ‘‘(3) Such cooperative agreements may include

9 purchase, improvement, and repair of existing water

10 systems, including systems owned by individual trib11 al members and other residents located on the

12 Lower Brule Indian Reservation.

13 ‘‘(4) The Secretary may unilaterally terminate

14 any cooperative agreement entered into pursuant to

15 this section if the Secretary determines that the

16 quality of construction does not meet all standards

17 established for similar facilities constructed by the

18 Secretary or that the operation and maintenance of

19 the system does not meet conditions acceptable to

20 the Secretary for fulfilling the obligations of the

21 United States to the Lower Brule Sioux Tribe.

22 ‘‘(5) Upon execution of any cooperative agree23 ment authorized under this section, the Secretary is

24 authorized to transfer to the appropriate non-Fed25 eral entity, on a nonreimbursable basis, the funds
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1 authorized to be appropriated by section 10(a) for

2 the Lower Brule Sioux Rural Water System.

3 ‘‘(c) SERVICE AREA.—The service area of the Lower

4 Brule Sioux Rural Water System shall be the boundaries

5 of the Lower Brule Indian Reservation.

6 ‘‘(d) CONSTRUCTION REQUIREMENTS.—The pump7 ing plants, pipelines, treatment facilities, and other appur8 tenant facilities for the Lower Brule Sioux Rural Water

9 System shall be planned and constructed to a size suffi10 cient to meet the municipal, rural, and industrial water

11 supply requirements of the Lower Brule Sioux Tribe and

12 the Lyman-Jones Rural Water System, as generally de13 scribed in the Final Engineering Report of the Mni Wiconi

14 Rural Water Supply Project, dated May 1993, taking into

15 account the effects of the conservation plans described in

16 section 5. The Lower Brule Sioux Rural Water System

17 and Lyman-Jones Rural Water System may be inter18 connected and provided with water service from common

19 facilities. Any joint costs associated with common facilities

20 shall be allocated to the Lower Brule Sioux Rural Water

21 System.

22 ‘‘(e) TITLE TO SYSTEM.—Title to the Lower Brule

23 Sioux Rural Water System shall be held in trust for the

24 Lower Brule Sioux Tribe by the United States and shall
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1 not be transferred or encumbered without a subsequent

2 Act of Congress.

3 ‘‘(f) TECHNICAL ASSISTANCE.—The Secretary is au4 thorized and directed to provide such technical assistance

5 as may be necessary to the Lower Brule Sioux Tribe to

6 plan, develop, construct, operate, maintain, and replace

7 the Lower Brule Sioux Rural Water System, including

8 (but not limited to) operation and management training.

9 ‘‘(g) APPLICATION OF THE INDIAN SELF-DETER10 MINATION ACT.—Planning, design, construction, and op11 eration of the Lower Brule Sioux Rural Water System

12 shall be subject to the provisions of the Indian Self-Deter13 mination Act (Public Law 93–638, 25 U.S.C. 450).’’.

14 SEC. 6. 7. WEST RIVER RURAL WATER SYSTEM AND LYMAN15 JONES RURAL WATER SYSTEM.

16 (a) SERVICE AREA.—Subsection (d) of section 4 (102

17 Stat. 2569) is amended by striking the period at the end

18 thereof and inserting ‘‘, and Final Engineering Report

19 dated May 1993.’’.

20 (b) INTERCONNECTION OF FACILITIES AND WAIVER

21 OF CHARGES.—Section 4 of the Act (102 Stat. 2568) is

22 amended by redesignating subsection (f) as subsection (g)

23 and inserting after subsection (e) the following new sub24 section:
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1 ‘‘(f) INTERCONNECTION OF FACILITIES AND WAIVER

2 OF CHARGES.—The Secretary is authorized to inter3 connect the Lyman-Jones Rural Water System, and the

4 West River Rural Water System, with each of the other

5 systems authorized under this Act, and to provide for the

6 delivery of water to the West River Rural Water System,

7 and Lyman-Jones Rural Water System, without charge or

8 cost, from the Missouri River and through common facili9 ties of the Oglala Sioux Rural Water Supply System,

10 Rosebud Rural Water System and Lower Brule Rural

11 Water System.’’.

12 SEC. 7. 8. WATER CONSERVATION.

13 Section 5 of the Act (102 Stat. 2570) is amended

14 by striking ‘‘The non-Federal parties (including the Oglala

15 Sioux Tribe)’’ and inserting ‘‘Each non-Federal party (in16 cluding the Oglala Sioux Tribe, Rosebud Sioux Tribe, and

17 Lower Brule Sioux Tribe)’’.

18 SEC. 8. 9. MITIGATION OF FISH AND WILDLIFE LOSSES.

19 Section 6 of the Act (102 Stat. 2570) is amended—

20 (1) in subsection (a)—

21 (A) by inserting ‘‘, ROSEBUD SIOUX

22 RURAL WATER SUPPLY SYSTEM, LOWER

23 BRULE SIOUX RURAL WATER SUPPLY SYS24 TEM,’’ after ‘‘SUPPLY SYSTEM’’; and
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1 (B) by inserting ‘‘Rosebud Sioux Rural

2 Water Supply System, Lower Brule Sioux

3 Rural Water Supply System,’’ after ‘‘Supply

4 System,’’; and

5 (2) in subsection (b)—

6 (A) by inserting ‘‘, all Indian tribes resid7 ing on reservations within the State of South

8 Dakota,’’ after ‘‘South Dakota’’;

9 (B) by inserting ‘‘and terrestrial’’ after

10 ‘‘wildlife’’;

11 (C) by striking ‘‘Such plans’’ and inserting

12 ‘‘Such recommendations’’; and

13 (D) by adding at the end the following:

14 ‘‘The Indian tribes shall be afforded an opportunity to re15 view and concur within any recommendations affecting

16 their reservations before they are submitted to Congress.’’.

17 SEC. 9. ESTABLISHMENT OF THE OGLALA SIOUX, ROSEBUD

18 SIOUX AND LOWER BRULE SIOUX BIO-DIVER19 SITY TRUSTS.

20 The Act is amended by inserting after section 6 the

21 following new sections:
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1 ‘‘SEC. 6A. ESTABLISHMENT OF THE OGLALA SIOUX, ROSE2 BUD SIOUX AND LOWER BRULE SIOUX BIO-DI3 VERSITY TRUSTS.

4 ‘‘(a) AUTHORIZATION.—The Secretary shall make

5 Federal grants to the Oglala Sioux, Rosebud Sioux and

6 Lower Brule Sioux Bio-Diversity Trusts. The Federal con7 tribution shall not exceed $16,000,000 and shall be paid

8 in 5 annual installments beginning in fiscal year 1995 and

9 expended as provided in the Final Engineering Report and

10 Environmental Assessment for the Mni Wiconi Rural

11 Water Supply Project, dated May 1993, required by sec12 tion 3(f) of this Act.

13 ‘‘(b) ELIGIBILITY REQUIREMENTS FOR FEDERAL

14 CONTRIBUTIONS.—Each Trust shall be eligible to receive

15 Federal grants under subsection (a) if it—

16 ‘‘(1) is established and operated as a nonprofit

17 corporation under the laws of the Tribe on whose

18 reservation it will operate;

19 ‘‘(2) is incorporated to select and provide fund20 ing to projects that restore, protect and enhance

21 wildlife and wildlife habitat;

22 ‘‘(3) is under the direction of a Board of Trust23 ees that—

24 ‘‘(A) has the power to manage all the af25 fairs of the corporation, including administra-
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1 tion, data collection, and implementation of the

2 purposes of the Trust; and

3 ‘‘(B) is composed of members that do not

4 serve on any Federal, tribal, or State legislative

5 body, court, agency, commission or board; and

6 ‘‘(4) is comprised of not less than 3 persons or

7 more than 5 persons elected to 3-year, staggered

8 terms by the eligible voters of the Tribe on whose

9 reservation the Trust will operate.

10 ‘‘(c) OPERATIONAL REQUIREMENTS OF BIO-DIVER11 SITY TRUSTS.—The Oglala Sioux, Rosebud Sioux and

12 Lower Brule Sioux Bio-Diversity Trusts shall be deemed

13 to be operating in accordance with this section if—

14 ‘‘(1) each Trust is operated to select and pro15 vide funding to projects that protect, restore and

16 maintain plant and animal communities and large17 scale natural ecosystems in accordance with its cor18 porate purposes. Projects eligible for funding include

19 those that—

20 ‘‘(A) reconstitute natural biological diver21 sity that has been diminished;

22 ‘‘(B) assist the recovery of species popu23 lations, communities and ecosystems that are

24 unable to survive on-site without intervention;
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1 ‘‘(C) allow reintroduction and reoccupation

2 by native flora and fauna;

3 ‘‘(D) control or eliminate exotic flora and

4 fauna which are damaging natural ecosystems;

5 ‘‘(E) restore natural habitat for the re6 cruitment and survival of fish, waterfowl and

7 other wildlife;

8 ‘‘(F) provide additional conservation values

9 to Indian trust lands;

10 ‘‘(G) add to structural and compositional

11 values of existing preserves or enhance the via12 bility, defensibility and management of pre13 serves; and

14 ‘‘(H) restore natural hydrological effects

15 including sediment and erosion control drain16 age, percolation and other water quality im17 provement capacity;

18 ‘‘(2) each Trust is managed in a fiscally respon19 sible fashion by investing in private and public fi20 nancial vehicles approved by the Secretary with the

21 goal of producing income and preserving principle;

22 ‘‘(3) trust funds are deposited in financial insti23 tutions other than those used by the Oglala Sioux

24 Tribe, Rosebud Sioux Tribe and Lower Brule Sioux

25 Tribe for their General Funds; the principal will be
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1 inviolate, but income from the principal will be used

2 to accomplish the goals of the trust; and expendi3 tures of all funds from each trust account shall be

4 based on an annual budget approved by the Sec5 retary; and

6 ‘‘(4) not less than 10 percent of the interest

7 earned each year from the principal in each account

8 shall be added to the principal.

9 ‘‘(d) RESTRICTION ON LOCATION OF PROJECTS TO

10 BE FUNDED BY TRUST.—Projects eligible for funding

11 under this section must be located within the service areas

12 of the Oglala Sioux Rural Water Supply System, the Rose13 bud Sioux Rural Water System or Lower Brule Sioux

14 Rural Water System.

15 ‘‘(e) REPORTING REQUIREMENTS ON TRUST.—The

16 Secretary shall annually report on the operation and man17 agement of each Trust to the Committee on Natural Re18 sources and the Committee on Appropriations of the

19 House of Representatives and the Committee on Energy

20 and Natural Resources, the Committee on Appropriations,

21 and the Select Committee on Indian Affairs of the Senate.

22 ‘‘SEC. 6B. ESTABLISHMENT OF THE WEST RIVER AND

23 LYMAN-JONES BIO-DIVERSITY TRUST.

24 ‘‘(a) AUTHORIZATION.—The Secretary shall make a

25 Federal contribution in the form of a Federal grant to
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1 the West River and Lyman-Jones Bio-Diversity Trusts.

2 The Federal contribution shall not exceed $9,000,000 and

3 shall be paid in five annual installments beginning in fiscal

4 year 1995.

5 ‘‘(b) ELIGIBILITY REQUIREMENTS FOR FEDERAL

6 CONTRIBUTIONS.—The West River and Lyman-Jones

7 Bio-Diversity Trusts shall be eligible to receive Federal

8 contributions pursuant to subsection (a) if they comply

9 with the following requirements:

10 ‘‘(1) Each Trust is established and operated as

11 a nonprofit corporation under the laws of the State

12 of South Dakota.

13 ‘‘(2) The corporate purposes of each Trust are

14 to select and provide funding to projects that re15 store, protect and enhance wildlife and wildlife habi16 tat within the West River and Lyman-Jones service

17 areas described in section 4(d) of this Act.

18 ‘‘(3) Each Trust is under the direction of a

19 Board of Trustees that has the power to manage all

20 the affairs of the corporation, including administra21 tion, data collection, and implementation of the pur22 poses of the Trust.

23 ‘‘(4) The Board of each Trust is comprised of

24 not less than 3 nor more than 10 persons appointed

25 by the West River Rural Water System and Lyman-
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1 Jones Rural Water System recognized in section 4

2 of this Act.

3 ‘‘(c) OPERATIONAL REQUIREMENTS OF TRUST.—

4 The West River and Lyman-Jones Bio-Diversity Trusts

5 shall be deemed to be operating in accordance with this

6 section if—

7 ‘‘(1) each Trust is operated to select and pro8 vide funding to projects that protect, restore and

9 maintain plant and animal communities and large10 scale natural ecosystems in accordance with its cor11 porate purposes. Projects eligible for funding by the

12 Trust include those that—

13 ‘‘(A) reconstitute natural biological diver14 sity that has been diminished;

15 ‘‘(B) assist the recovery of species popu16 lations, communities, and ecosystems that are

17 unable to survive on site without intervention;

18 ‘‘(C) allow reintroduction and reoccupation

19 by native flora and fauna;

20 ‘‘(D) control or eliminate exotic flora and

21 fauna which are damaging natural ecosystems;

22 ‘‘(E) restore natural habitat for the re23 cruitment and survival of fish, waterfowl and

24 other wildlife;
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1 ‘‘(F) add to structural and compositional

2 values of existing preserves or enhance the via3 bility, defensibility and management of pre4 serves; and

5 ‘‘(G) restore natural hydrological effects

6 including sediment and erosion control drain7 age, percolation and other water quality im8 provement capacity;

9 ‘‘(2) each trust is managed in a fiscally respon10 sible fashion by investing in private and public fi11 nancial vehicles approved by the Secretary with the

12 goal of producing income and preserving principal;

13 and the principal of each trust will be inviolate, but

14 income from the principal will be used to accomplish

15 the goals of the trust;

16 ‘‘(3) expenditures of all funds from each trust

17 account shall be based on an annual budget ap18 proved by the Secretary; and

19 ‘‘(4) not less than 10 percent of the interest

20 earned each year from the principal in each account

21 shall be added to the principal.

22 ‘‘(d) RESTRICTION ON LOCATION OF PROJECTS TO

23 BE FUNDED BY TRUST.—Projects eligible for funding

24 under this section must be located within the service areas
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1 of the West River Rural Water System and the Lyman2 Jones Rural Water System.

3 ‘‘(e) REPORTING REQUIREMENTS ON TRUST.—The

4 Secretary shall annually report on the operation and man5 agement of each Trust to the Committee on Natural Re6 sources and the Committee on Appropriations of the

7 House of Representatives and the Committee on Energy

8 and Natural Resources and the Committee on Appropria9 tions of the Senate.’’.

10 SEC. 10. PROHIBITION OF USE OF FUNDS FOR IRRIGATION

11 PURPOSES.

12 Section 7 of the Act (102 Stat. 2570) is amended

13 by striking ‘‘Supply System,’’ and inserting ‘‘Supply Sys14 tem, the Rosebud Sioux Rural Water Supply System, the

15 Lower Brule Rural Water Supply System,’’.

16 SEC. 11. RULE OF CONSTRUCTION.

17 Section 8 of the Act (102 Stat. 2570) is amended—

18 (1) by inserting ‘‘, Rosebud Sioux Tribe, and

19 Lower Brule Sioux Tribe’’ after ‘‘Tribe’’; and

20 (2) by striking ‘‘or construct’’ and inserting

21 ‘‘construct, maintain, or replace’’.

22 SEC. 12. USE OF PICK-SLOAN POWER.

23 (a) IN GENERAL.—Subsection (a) of section 9 (102

24 Stat. 2570) is amended by striking ‘‘sections 3’’ and in25 serting ‘‘sections 3, 3A, 3B,’’.
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1 (b) POWER TO BE USED.—Subsection (b) of section

2 9 (102 Stat. 2570) is amended by striking the period at

3 the end thereof and inserting the following: ‘‘on an annual

4 basis. For the purposes of this subsection, the term ‘an5 nual basis’ means 12 months out of each calendar year.’’.

6 (c) ADDITIONAL POWER.—Subsection (d) of section

7 9 is amended by striking ‘‘is authorized to’’ and all that

8 follows and inserting the following:

9 ‘‘shall—

10 ‘‘(1) in fulfillment of the Federal Government’s

11 obligations and responsibilities to provide preference

12 power to Indian tribes under Pick-Sloan, provide the

13 Oglala Sioux Rural Water Supply System, Rosebud

14 Sioux Rural Water Supply System and Lower Brule

15 Rural Water Supply System with all additional

16 power necessary at the wholesale firm power rate for

17 Pick-Sloan (Eastern Division) in effect at the time

18 power is sold; and

19 ‘‘(2) purchase additional power needed for the

20 West River Rural Water System and Lyman-Jones

21 Rural Water System if necessary under such terms

22 and conditions as the Administrator deems appro23 priate.

24 Expenses associated with power purchases under para25 graph (2) shall be recovered through a separate power
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1 charge, sufficient to recover these expenses, applied to the

2 West River Rural Water System and Lyman-Jones Rural

3 Water System.’’.

4 (d) (b) DEFINITIONS.—Subsection (e)(1) of section 9

5 (102 Stat. 2571) is amended by striking ‘‘Supply Sys6 tem,’’ and inserting ‘‘Supply System, the Rosebud Sioux

7 Rural Water Supply System, the Lower Brule Sioux Rural

8 Water Supply System,’’.

9 SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

10 Section 10 of the Act (102 Stat. 2571) is amended

11 to read as follows:

12 ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

13 ‘‘(a) PLANNING, DESIGN, AND CONSTRUCTION.—

14 There are authorized to be appropriated $263,241,000 for

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

16 Rural Water Supply System, the Rosebud Sioux Rural

17 Water Supply System, the Lower Brule Sioux Rural

18 Water Supply System, the West River Rural Water Supply

19 System, and the Lyman-Jones Rural Water Supply Sys20 tem described in sections 3, 3A, 3B, and 4. Such funds

21 are authorized to be appropriated only through the end

22 of the year 2003. The funds authorized to be appropriated

23 by the first sentence of this section, less any amounts pre24 viously obligated for the Systems, may be increased or de25 creased by such amounts as may be justified by reason
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1 of ordinary fluctuations in development costs incurred

2 after October 1, 1992, as indicated by engineering costs

3 indices applicable for the type of construction involved.

4 ‘‘(b) OPERATION AND MAINTENANCE OF OGLALA

5 SIOUX RURAL WATER SUPPLY SYSTEM, ROSEBUD SIOUX

6 RURAL WATER SUPPLY SYSTEM AND LOWER BRULE

7 SIOUX RURAL WATER SUPPLY SYSTEM.—There are au8 thorized to be appropriated such sums as may be nec9 essary for the operation and maintenance of the Oglala

10 Sioux Rural Water Supply System, Rosebud Sioux Rural

11 Water Supply System and Lower Brule Sioux Rural

12 Water Supply System. The operation and maintenance ex13 penses associated with water deliveries to the West River

14 and Lyman-Jones Rural Water Systems are a non-Federal

15 responsibility and for such deliveries the Secretary shall

16 enter into a contract with the West River and Lyman-Jones

17 Systems for the payment of an annual operation and main18 tenance fee. Such fee shall be based on the incremental oper19 ation and maintenance costs for water actually delivered

20 each year to the West River and Lyman-Jones Rural Water

21 Systems. Such operation and maintenance payments shall

22 be increased or decreased by such amounts as may be justi23 fied by reason of ordinary fluctuations as indicated by indi24 ces applicable to comparable regional rural water supply

25 systems for the type of operation and maintenance involved.
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1 ‘‘(c) BIO-DIVERSITY TRUSTS.—There is authorized

2 to be appropriated $26,500,000 for the establishment, op3 eration, and maintenance of the bio-diversity trusts estab4 lished under sections 6A and 6B of this Act. The Sec5 retary shall utilize $1,500,000 of the funds authorized

6 under this subsection as start-up funds for the trusts. The

7 funds authorized by this subsection may be increased by

8 such amounts as may be justified by reason of ordinary

9 fluctuations in development costs incurred after January

10 1, 1994.

11 ‘‘(d) (c) WASTE WATER DISPOSAL SYSTEMS FEA12 SIBILITY STUDIES.—There is authorized to be appro13 priated such sums as may be necessary to complete the

14 feasibility studies authorized by section 15(c).’’.

15 SEC. 14. WATER RIGHTS.

16 Paragraph (5) of section 11 (102 Stat. 2571) is

17 amended—

18 (1) by inserting ‘‘rights, benefits, privileges or

19 claims, including’’ after ‘‘affect any’’;

20 (2) by inserting ‘‘Rosebud Sioux Tribe and

21 Lower Brule Sioux Tribe,’’ after ‘‘Tribe,’’ the first

22 place it appears;

23 (3) by striking ‘‘the Pine Ridge Indian Reserva24 tion’’ and inserting ‘‘their respective reservations’’;

25 and
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1 (4) by striking ‘‘Tribe,’’ the second place it ap2 pears and inserting ‘‘Tribe, Rosebud Sioux Tribe,

3 Lower Brule Sioux Tribe,’’.

4 SEC. 15. FEASIBILITY STUDIES.

5 (a) ALTERNATE USES.—Section 3 of Public Law 97–

6 273, as amended by section 12(b) of Public Law 100–516

7 (102 Stat. 2572), is amended by striking ‘‘Dakota,’’ and

8 inserting ‘‘Dakota and all Indian tribes residing on res9 ervations within the State of South Dakota,’’.

10 (b) WASTE WATER DISPOSAL SYSTEMS.—Section 12

11 of the Act (102 Stat. 2572) is amended by adding at the

12 end the following:

13 ‘‘(c) WASTE WATER DISPOSAL SYSTEMS.—(1) The

14 Secretary is authorized and directed, in consultation with

15 the Oglala Sioux Tribe, Rosebud Sioux Tribe and Lower

16 Brule Sioux Tribe, to conduct feasibility studies on the

17 need to develop waste water disposal facilities and sys18 tems, and rehabilitate existing waste water disposal facili19 ties and systems, on the Pine Ridge Indian Reservation,

20 Rosebud Indian Reservation and Lower Brule Indian Res21 ervation, and to report to the Congress the findings of

22 such studies along with his recommendations.

23 ‘‘(2) The feasibility studies authorized under this

24 subsection shall be completed and presented to Congress
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1 within one year after the date that funds are first made

2 available by the Secretary to complete the studies.’’.

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