I

103D CONGRESS

2D SESSION H. R. 3954

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

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’’.

6 SEC. 2. REFERENCE.

7 Whenever in this Act a section or other provision is

8 amended or repealed, such amendment or repeal shall be

9 considered to be made to that section or other provision

10 of the Mni Wiconi Project Act of 1988 (102 Stat. 2566).
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1 SEC. 3. FINDINGS AND PURPOSES.

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

3 Stat. 2566) is amended—

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

5 and inserting ‘‘Reservation, Rosebud Indian Res6 ervation, and Lower Brule Indian Reservation’’;

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

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

9 by inserting after paragraph (2) the following new

10 paragraph:

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

12 Reservation and Lower Brule Reservation restrict

13 efforts to promote economic development on those

14 reservations;’’;

15 (3) in paragraph (5), as redesignated by para16 graph (2) of this subsection, by striking ‘‘Reserva17 tion;’’ and inserting ‘‘Reservation, Rosebud Indian

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

19 and

20 (4) in paragraph (6), as redesignated by para21 graph (2) of this subsection, by inserting ‘‘Rosebud

22 Indian Reservation and Lower Brule Indian Res23 ervation,’’ after ‘‘Reservation,’’.

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

25 2566) is amended by inserting ‘‘, Rosebud Indian Reserva-
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1 tion, and Lower Brule Indian Reservation’’ after ‘‘Res2 ervation’’ each place it appears.

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

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

5 (102 Stat. 2567) is amended—

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

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

8 specifically described in the Final Engineering Re9 port dated May, 1993.’’; and

10 (2) by amending paragraph (3) to read as fol11 lows:

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

13 the West River Rural Water System, Lyman-Jones

14 Rural Water System, Rosebud Sioux Rural Water

15 System, and Lower Brule Sioux Rural Water Sys16 tem;’’.

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

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

19 (1) by striking ‘‘West River Rural Water Sys20 tem, and’’; and by inserting ‘‘West River Rural

21 Water System, the Lyman-Jones Rural Water Sys22 tem, the Rosebud Sioux Rural Water System, and

23 the Lower Brule Sioux Rural Water System,’’; and

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

25 ‘‘five systems authorized under this Act’’.
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1 (c) TITLE TO SYSTEM.—Subsection (e) of such sec2 tion (102 Stat. 2568) is amended by inserting ‘‘or encum3 bered’’ after ‘‘transferred’’.

4 SEC. 5. ROSEBUD SIOUX RURAL WATER SYSTEM AND

5 LOWER BRULE SIOUX RURAL WATER SYSTEM.

6 The Act is amended by inserting after section 3 the

7 following:

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

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

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

11 and replace a municipal, rural, and industrial water sys12 tem, to be known as the Rosebud Sioux Rural Water Sys13 tem, as generally described in the Rosebud Sioux Tribe

14 Municipal, Rural and Industrial Water Needs Assessment,

15 dated July 1993, and the Final Engineering Report for

16 the Mni Wiconi Rural Water Supply Project dated May,

17 1993. The Rosebud Sioux Rural Water system shall con18 sist of—

19 ‘‘(1) necessary pumping and treatment facili20 ties;

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

22 interconnections with the Oglala Sioux Rural Water

23 System to the Rosebud Indian Reservation;

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

25 the Lyman-Jones Rural Water Supply System;
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1 ‘‘(4) distribution and treatment facilities to

2 serve the needs of the Rosebud Indian Reservation,

3 and other areas described in the Rosebud Sioux

4 Tribe Municipal, Rural and Industrial Water Needs

5 Assessment, dated July 1993, including (but not

6 limited to) the purchase, improvement and repair of

7 existing water systems, including systems owned by

8 individual tribal members and other residents of the

9 Rosebud Indian Reservation;

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

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

12 ‘‘(7) electrical power transmission and distribu13 tion facilities necessary for services to water systems

14 facilities; and

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

16 facilities as the Secretary deems necessary and ap17 propriate to meet the water supply, economic, public

18 health, and environmental needs of the reservation,

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

20 water lines, and other facilities for the Rosebud

21 Sioux Tribe and reservation villages, towns, and mu22 nicipalities.

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

24 PLAN, DESIGN, CONSTRUCT, OPERATE AND MAINTAIN

25 THE ROSEBUD SIOUX RURAL WATER SUPPLY SYSTEM.—
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1 ‘‘(1) In carrying out subsection (a), the Sec2 retary, with the concurrence of the Rosebud Sioux

3 Tribal Council, shall enter into cooperative agree4 ments with the appropriate non-Federal entity or en5 tities for planning, designing, constructing, operat6 ing, maintaining, and replacing the Rosebud Sioux

7 Rural Water System.

8 ‘‘(2) Such cooperative agreements shall set

9 forth, in a manner acceptable to the Secretary—

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

11 needs assessment, feasibility, and environmental

12 studies; engineering and design; construction;

13 water conservation measures; and administra14 tion of any contracts with respect to this sub15 paragraph;

16 ‘‘(B) the procedures and requirements for

17 approval and acceptance of such design and

18 construction; and

19 ‘‘(C) the rights, responsibilities, and liabil20 ities of each party to the agreement.

21 ‘‘(3) Such cooperative agreements may include

22 purchase, improvement, and repair of existing water

23 systems, including systems owned by individual trib24 al members and other residents located on the Rose25 bud Indian Reservation.
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1 ‘‘(4) The Secretary may unilaterally terminate

2 any cooperative agreement entered into pursuant to

3 this section if the Secretary determines that the

4 quality of construction does not meet all standards

5 established for similar facilities constructed by the

6 Secretary or that the operation and maintenance of

7 the system does not meet conditions acceptable to

8 the Secretary for fulfilling the obligations of the

9 United States to the Rosebud Sioux Tribe.

10 ‘‘(5) Upon execution of any cooperative agree11 ment authorized under this section, the Secretary is

12 authorized to transfer to the appropriate non-Fed13 eral entity, on a nonreimbursable basis, the funds

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

15 the Rosebud Sioux Rural Water System.

16 ‘‘(c) SERVICE AREA.—The service area of the Rose17 bud Sioux Rural Water System shall extend to all of Todd

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

19 generally described in the Rosebud Sioux Tribe Municipal,

20 Rural and Industrial Water Needs Assessment, dated July

21 1993 and the Final Engineering Report for the Mni

22 Wiconi Rural Water Supply Project dated May 1993.

23 ‘‘(d) CONSTRUCTION REQUIREMENTS.—The pump24 ing plants, pipelines, treatment facilities, and other appur25 tenant facilities for the Rosebud Sioux Rural Water Sys-
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1 tem shall be planned and constructed to a size sufficient

2 to meet the municipal, rural and industrial water supply

3 requirements of the Rosebud Sioux Tribe and the Lyman4 Jones Rural Water System, as generally described in the

5 Rosebud Sioux Tribe Municipal, Rural and Industrial

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

7 Engineering Report for the Mni Wiconi Rural Water Sup8 ply Project dated May, 1993, taking into account the ef9 fects of the conservation plans described in section 5. The

10 Rosebud Rural Water System and Lyman-Jones Rural

11 Water System may be interconnected and provided with

12 water service from common facilities. Any joint costs asso13 ciated with common facilities shall be allocated to the

14 Rosebud Sioux Rural Water System.

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

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

17 Sioux Tribe by the United States and shall not be trans18 ferred or encumbered without a subsequent Act of Con19 gress.

20 ‘‘(f) TECHNICAL ASSISTANCE.—The Secretary is au21 thorized and directed to provide such technical assistance

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

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

24 Rosebud Sioux Rural Water System, including (but not

25 limited to) operation and management training.
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1 ‘‘(g) APPLICATION OF THE INDIAN SELF-DETER2 MINATION ACT.—Planning, design, construction, and op3 eration of the Rosebud Sioux Rural Water System shall

4 be subject to the provisions of the Indian Self-Determina5 tion Act (Public Law 93–638, 25 U.S.C. 450).

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

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

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

9 and replace a municipal, rural, and industrial water sys10 tem, to be known as the Lower Brule Sioux Rural Water

11 System, as generally described in the Final Engineering

12 Report for the Mni Wiconi Rural Water Supply Project,

13 dated May 1993. The Lower Brule Sioux Rural Water

14 System shall consist of—

15 ‘‘(1) necessary pumping and treatment facili16 ties;

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

18 interconnections with the Oglala Sioux Rural Water

19 Supply System to the Lower Brule Indian Reserva20 tion;

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

22 the Lyman-Jones Rural Water Supply System;

23 ‘‘(4) distribution and treatment facilities to

24 serve the needs of the Lower Brule Indian Reserva25 tion, including (but not limited to) the purchase, im-
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1 provement and repair of existing water systems, in2 cluding systems owned by individual tribal members

3 and other residents of the Lower Brule Indian Res4 ervation;

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

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

7 ‘‘(7) electrical power transmission and distribu8 tion facilities necessary for services to water systems

9 facilities; and

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

11 facilities as the Secretary deems necessary and ap12 propriate to meet the water supply, economic, public

13 health, and environmental needs of the reservation,

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

15 water lines, and other facilities for the Lower Brule

16 Sioux Tribe and reservation villages, towns and mu17 nicipalities.

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

19 PLAN, DESIGN, CONSTRUCT, OPERATE AND MAINTAIN

20 THE LOWER BRULE SIOUX RURAL WATER SUPPLY SYS21 TEM.—

22 ‘‘(1) In carrying out subsection (a), the Sec23 retary, with the concurrence of the Lower Brule

24 Sioux Tribal Council, shall enter into cooperative

25 agreements with the appropriate non-Federal entity
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1 or entities for planning, designing, constructing, op2 erating, maintaining, and replacing the Lower Brule

3 Sioux Rural Water System.

4 ‘‘(2) Such cooperate agreements shall set forth,

5 in a manner acceptable to the Secretary—

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

7 needs assessment, feasibility, and environmental

8 studies; engineering and design, construction;

9 water conservation measures; and administra10 tion of any contracts with respect to this sub11 paragraph;

12 ‘‘(B) the procedures and requirements for

13 approval and acceptance of such design and

14 construction; and

15 ‘‘(C) the rights, responsibilities, and liabil16 ities of each party to the agreement.

17 ‘‘(3) Such cooperative agreements may include

18 purchase, improvement, and repair of existing water

19 systems, including systems owned by individual trib20 al members and other residents located on the

21 Lower Brule Indian Reservation.

22 ‘‘(4) The Secretary may unilaterally terminate

23 any cooperative agreement entered into pursuant to

24 this section if the Secretary determines that the

25 quality of construction does not meet all standards
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1 established for similar facilities constructed by the

2 Secretary or that the operation and maintenance of

3 the system does not meet conditions acceptable to

4 the Secretary for fulfilling the obligations of the

5 United States to the Lower Brule Sioux Tribe.

6 ‘‘(5) Upon execution of any cooperative agree7 ment authorized under this section, the Secretary is

8 authorized to transfer to the appropriate non-Fed9 eral entity, on a nonreimbursable basis, the funds

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

11 the Lower Brule Sioux Rural Water System.

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

13 Brule Sioux Rural Water System shall be the boundaries

14 of the Lower Brule Indian Reservation.

15 ‘‘(d) CONSTRUCTION REQUIREMENTS.—The pump16 ing plants, pipelines, treatment facilities, and other appur17 tenant facilities for the Lower Brule Sioux Rural Water

18 System shall be planned and constructed to a size suffi19 cient to meet the municipal, rural, and industrial water

20 supply requirements of the Lower Brule Sioux Tribe and

21 the Lyman-Jones Rural Water System, as generally de22 scribed in the Final Engineering Report of the Mni Wiconi

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

24 account the effects of the conservation plans described in

25 section 5. The Lower Brule Sioux Rural Water System
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1 and Lyman-Jones Rural Water System may be inter2 connected and provided with water service from common

3 facilities. Any joint costs associated with common facilities

4 shall be allocated to the Lower Brule Sioux Rural Water

5 System.

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

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

8 Lower Brule Sioux Tribe by the United States and shall

9 not be transferred or encumbered without a subsequent

10 Act of Congress.

11 ‘‘(f) TECHNICAL ASSISTANCE.—The Secretary is au12 thorized and directed to provide such technical assistance

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

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

15 the Lower Brule Sioux Rural Water System, including

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

17 ‘‘(g) APPLICATION OF THE INDIAN SELF-DETER18 MINATION ACT.—Planning, design, construction, and op19 eration of the Lower Brule Sioux Rural Water System

20 shall be subject to the provisions of the Indian Self-Deter21 mination Act (Public Law 93–638, 25 U.S.C. 450).’’.

22 SEC. 6. WEST RIVER RURAL WATER SYSTEM AND LYMAN23 JONES RURAL WATER SYSTEM.

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

25 Stat. 2569) is amended by striking the period at the end
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1 thereof and inserting ‘‘, and Final Engineering Report

2 dated May 1993.’’.

3 (b) INTERCONNECTION OF FACILITIES AND WAIVER

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

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

6 and inserting after subsection (e) the following new sub7 section:

8 ‘‘(f) INTERCONNECTION OF FACILITIES AND WAIVER

9 OF CHARGES.—The Secretary is authorized to inter10 connect the Lyman-Jones Rural Water System, and the

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

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

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

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

15 cost, from the Missouri River and through common facili16 ties of the Oglala Sioux Rural Water Supply System,

17 Rosebud Rural Water System and Lower Brule Rural

18 Water System.’’.

19 SEC. 7. WATER CONSERVATION.

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

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

22 Sioux Tribe)’’ and inserting ‘‘Each non-Federal party (in23 cluding the Oglala Sioux Tribe, Rosebud Sioux Tribe, and

24 Lower Brule Sioux Tribe)’’.
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1 SEC. 8. MITIGATION OF FISH AND WILDLIFE LOSSES.

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

3 (1) in subsection (a)—

4 (A) by inserting ‘‘, ROSEBUD SIOUX

5 RURAL WATER SUPPLY SYSTEM, LOWER

6 BRULE SIOUX RURAL WATER SUPPLY SYS7 TEM,’’ after ‘‘SUPPLY SYSTEM’’; and

8 (B) by inserting ‘‘Rosebud Sioux Rural

9 Water Supply System, Lower Brule Sioux

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

11 System,’’; and

12 (2) in subsection (b)—

13 (A) by inserting ‘‘, all Indian tribes resid14 ing on reservations within the State of South

15 Dakota,’’ after ‘‘South Dakota’’;

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

17 ‘‘wildlife’’;

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

19 ‘‘Such recommendations’’; and

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

21 ‘‘The Indian tribes shall be afforded an opportunity to re22 view and concur within any recommendations affecting

23 their reservations before they are submitted to Congress.’’.
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1 SEC. 9. ESTABLISHMENT OF THE OGLALA SIOUX, ROSEBUD

2 SIOUX AND LOWER BRULE SIOUX BIO-DIVER3 SITY TRUSTS.

4 The Act is amended by inserting after section 6 the

5 following new sections:

6 ‘‘SEC. 6A. ESTABLISHMENT OF THE OGLALA SIOUX, ROSE7 BUD SIOUX AND LOWER BRULE SIOUX BIO-DI8 VERSITY TRUSTS.

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

10 Federal grants to the Oglala Sioux, Rosebud Sioux and

11 Lower Brule Sioux Bio-Diversity Trusts. The Federal con12 tribution shall not exceed $16,000,000 and shall be paid

13 in 5 annual installments beginning in fiscal year 1995 and

14 expended as provided in the Final Engineering Report and

15 Environmental Assessment for the Mni Wiconi Rural

16 Water Supply Project, dated May 1993, required by sec17 tion 3(f) of this Act.

18 ‘‘(b) ELIGIBILITY REQUIREMENTS FOR FEDERAL

19 CONTRIBUTIONS.—Each Trust shall be eligible to receive

20 Federal grants under subsection (a) if it—

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

22 corporation under the laws of the Tribe on whose

23 reservation it will operate;

24 ‘‘(2) is incorporated to select and provide fund25 ing to projects that restore, protect and enhance

26 wildlife and wildlife habitat;
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1 ‘‘(3) is under the direction of a Board of Trust2 ees that—

3 ‘‘(A) has the power to manage all the af4 fairs of the corporation, including administra5 tion, data collection, and implementation of the

6 purposes of the Trust; and

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

8 serve on any Federal, tribal, or State legislative

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

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

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

12 terms by the eligible voters of the Tribe on whose

13 reservation the Trust will operate.

14 ‘‘(c) OPERATIONAL REQUIREMENTS OF BIO-DIVER15 SITY TRUSTS.—The Oglala Sioux, Rosebud Sioux and

16 Lower Brule Sioux Bio-Diversity Trusts shall be deemed

17 to be operating in accordance with this section if—

18 ‘‘(1) each Trust is operated to select and pro19 vide funding to projects that protect, restore and

20 maintain plant and animal communities and large21 scale natural ecosystems in accordance with its cor22 porate purposes. Projects eligible for funding include

23 those that—

24 ‘‘(A) reconstitute natural biological diver25 sity that has been diminished;
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1 ‘‘(B) assist the recovery of species popu2 lations, communities and ecosystems that are

3 unable to survive on-site without intervention;

4 ‘‘(C) allow reintroduction and reoccupation

5 by native flora and fauna;

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

7 fauna which are damaging natural ecosystems;

8 ‘‘(E) restore natural habitat for the re9 cruitment and survival of fish, waterfowl and

10 other wildlife;

11 ‘‘(F) provide additional conservation values

12 to Indian trust lands;

13 ‘‘(G) add to structural and compositional

14 values of existing preserves or enhance the via15 bility, defensibility and management of pre16 serves; and

17 ‘‘(H) restore natural hydrological effects

18 including sediment and erosion control drain19 age, percolation and other water quality im20 provement capacity;

21 ‘‘(2) each Trust is managed in a fiscally respon22 sible fashion by investing in private and public fi23 nancial vehicles approved by the Secretary with the

24 goal of producing income and preserving principle;
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1 ‘‘(3) trust funds are deposited in financial insti2 tutions other than those used by the Oglala Sioux

3 Tribe, Rosebud Sioux Tribe and Lower Brule Sioux

4 Tribe for their General Funds; the principal will be

5 inviolate, but income from the principal will be used

6 to accomplish the goals of the trust; and expendi7 tures of all funds from each trust account shall be

8 based on an annual budget approved by the Sec9 retary; and

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

11 earned each year from the principal in each account

12 shall be added to the principal.

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

14 BE FUNDED BY TRUST.—Projects eligible for funding

15 under this section must be located within the service areas

16 of the Oglala Sioux Rural Water Supply System, the Rose17 bud Sioux Rural Water System or Lower Brule Sioux

18 Rural Water System.

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

20 Secretary shall annually report on the operation and man21 agement of each Trust to the Committee on Natural Re22 sources and the Committee on Appropriations of the

23 House of Representatives and the Committee on Energy

24 and Natural Resources, the Committee on Appropriations,

25 and the Select Committee on Indian Affairs of the Senate.
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1 ‘‘SEC. 6B. ESTABLISHMENT OF THE WEST RIVER AND

2 LYMAN-JONES BIO-DIVERSITY TRUST.

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

4 Federal contribution in the form of a Federal grant to

5 the West River and Lyman-Jones Bio-Diversity Trusts.

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

7 shall be paid in five annual installments beginning in fiscal

8 year 1995.

9 ‘‘(b) ELIGIBILITY REQUIREMENTS FOR FEDERAL

10 CONTRIBUTIONS.—The West River and Lyman-Jones

11 Bio-Diversity Trusts shall be eligible to receive Federal

12 contributions pursuant to subsection (a) if they comply

13 with the following requirements:

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

15 a nonprofit corporation under the laws of the State

16 of South Dakota.

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

18 to select and provide funding to projects that re19 store, protect and enhance wildlife and wildlife habi20 tat within the West River and Lyman-Jones service

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

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

23 Board of Trustees that has the power to manage all

24 the affairs of the corporation, including administra25 tion, data collection, and implementation of the pur26 poses of the Trust.
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1 ‘‘(4) The Board of each Trust is comprised of

2 not less than 3 nor more than 10 persons appointed

3 by the West River Rural Water System and Lyman4 Jones Rural Water System recognized in section 4

5 of this Act.

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

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

8 shall be deemed to be operating in accordance with this

9 section if—

10 ‘‘(1) each Trust is operated to select and pro11 vide funding to projects that protect, restore and

12 maintain plant and animal communities and large13 scale natural ecosystems in accordance with its cor14 porate purposes. Projects eligible for funding by the

15 Trust include those that—

16 ‘‘(A) reconstitute natural biological diver17 sity that has been diminished;

18 ‘‘(B) assist the recovery of species popu19 lations, communities, and ecosystems that are

20 unable to survive on site without intervention;

21 ‘‘(C) allow reintroduction and reoccupation

22 by native flora and fauna;

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

24 fauna which are damaging natural ecosystems;
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1 ‘‘(E) restore natural habitat for the re2 cruitment and survival of fish, waterfowl and

3 other wildlife;

4 ‘‘(F) add to structural and compositional

5 values of existing preserves or enhance the via6 bility, defensibility and management of pre7 serves; and

8 ‘‘(G) restore natural hydrological effects

9 including sediment and erosion control drain10 age, percolation and other water quality im11 provement capacity;

12 ‘‘(2) each trust is managed in a fiscally respon13 sible fashion by investing in private and public fi14 nancial vehicles approved by the Secretary with the

15 goal of producing income and preserving principal;

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

17 income from the principal will be used to accomplish

18 the goals of the trust;

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

20 account shall be based on an annual budget ap21 proved by the Secretary; and

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

23 earned each year from the principal in each account

24 shall be added to the principal.
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1 ‘‘(d) RESTRICTION ON LOCATION OF PROJECTS TO

2 BE FUNDED BY TRUST.—Projects eligible for funding

3 under this section must be located within the service areas

4 of the West River Rural Water System and the Lyman5 Jones Rural Water System.

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

7 Secretary shall annually report on the operation and man8 agement of each Trust to the Committee on Natural Re9 sources and the Committee on Appropriations of the

10 House of Representatives and the Committee on Energy

11 and Natural Resources and the Committee on Appropria12 tions of the Senate.’’.

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

14 PURPOSES.

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

16 by striking ‘‘Supply System,’’ and inserting ‘‘Supply Sys17 tem, the Rosebud Sioux Rural Water Supply System, the

18 Lower Brule Rural Water Supply System,’’.

19 SEC. 11. RULE OF CONSTRUCTION.

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

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

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

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

24 ‘‘construct, operate, maintain, or replace’’.
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1 SEC. 12. USE OF PICK-SLOAN POWER.

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

3 Stat. 2570) is amended by striking ‘‘sections 3’’ and in4 serting ‘‘sections 3, 3A, 3B,’’.

5 (b) POWER TO BE USED.—Subsection (b) of section

6 9 (102 Stat. 2570) is amended by striking the period at

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

8 basis. For the purposes of this subsection, the term ‘an9 nual basis’ means 12 months out of each calendar year.’’.

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

11 9 is amended by striking ‘‘is authorized to’’ and all that

12 follows and inserting the following:

13 ‘‘shall—

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

15 obligations and responsibilities to provide preference

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

17 Oglala Sioux Rural Water Supply System, Rosebud

18 Sioux Rural Water Supply System and Lower Brule

19 Rural Water Supply System with all additional

20 power necessary at the wholesale firm power rate for

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

22 power is sold; and

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

24 West River Rural Water System and Lyman-Jones

25 Rural Water System if necessary under such terms
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1 and conditions as the Administrator deems appro2 priate.

3 Expenses associated with power purchases under para4 graph (2) shall be recovered through a separate power

5 charge, sufficient to recover these expenses, applied to the

6 West River Rural Water System and Lyman-Jones Rural

7 Water System.’’.

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

9 (102 Stat. 2571) is amended by striking ‘‘Supply Sys10 tem,’’ and inserting ‘‘Supply System, the Rosebud Sioux

11 Rural Water Supply System, the Lower Brule Sioux Rural

12 Water Supply System,’’.

13 SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

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

15 to read as follows:

16 ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

20 Rural Water Supply System, the Rosebud Sioux Rural

21 Water Supply System, the Lower Brule Sioux Rural

22 Water Supply System, the West River Rural Water Supply

23 System, and the Lyman-Jones Rural Water Supply Sys24 tem described in sections 3, 3A, 3B, and 4. Such funds

25 are authorized to be appropriated only through the end
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1 of the year 2003. The funds authorized to be appropriated

2 by the first sentence of this section, less any amounts pre3 viously obligated for the Systems, may be increased or de4 creased by such amounts as may be justified by reason

5 of ordinary fluctuations in development costs incurred

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

7 indices applicable for the type of construction involved.

8 ‘‘(b) OPERATION AND MAINTENANCE OF OGLALA

9 SIOUX RURAL WATER SUPPLY SYSTEM, ROSEBUD SIOUX

10 RURAL WATER SUPPLY SYSTEM AND LOWER BRULE

11 SIOUX RURAL WATER SUPPLY SYSTEM.—There are au12 thorized to be appropriated such sums as may be nec13 essary for the operation and maintenance of the Oglala

14 Sioux Rural Water Supply System, Rosebud Sioux Rural

15 Water Supply System and Lower Brule Sioux Rural

16 Water Supply System.

17 ‘‘(c) BIO-DIVERSITY TRUSTS.—There is authorized

18 to be appropriated $26,500,000 for the establishment, op19 eration, and maintenance of the bio-diversity trusts estab20 lished under sections 6A and 6B of this Act. The Sec21 retary shall utilize $1,500,000 of the funds authorized

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

23 funds authorized by this subsection may be increased by

24 such amounts as may be justified by reason of ordinary
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1 fluctuations in development costs incurred after January

2 1, 1994.

3 ‘‘(d) WASTE WATER DISPOSAL SYSTEMS FEASIBIL4 ITY STUDIES.—There is authorized to be appropriated

5 such sums as may be necessary to complete the feasibility

6 studies authorized by section 15(c).’’.

7 SEC. 14. WATER RIGHTS.

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

9 amended—

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

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

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

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

14 place it appears;

15 (3) by striking ‘‘the Pine Ridge Indian Reserva16 tion’’ and inserting ‘‘their respective reservations’’;

17 and

18 (4) by striking ‘‘Tribe,’’ the second place it ap19 pears and inserting ‘‘Tribe, Rosebud Sioux Tribe,

20 Lower Brule Sioux Tribe,’’.

21 SEC. 15. FEASIBILITY STUDIES.

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

23 273, as amended by section 12(b) of Public Law 100–516

24 (102 Stat. 2572), is amended by striking ‘‘Dakota,’’ and
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1 inserting ‘‘Dakota and all Indian tribes residing on res2 ervations within the State of South Dakota,’’.

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

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

5 end the following:

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

7 Secretary is authorized and directed, in consultation with

8 the Oglala Sioux Tribe, Rosebud Sioux Tribe and Lower

9 Brule Sioux Tribe, to conduct feasibility studies on the

10 need to develop waste water disposal facilities and sys11 tems, and rehabilitate existing waste water disposal facili12 ties and systems, on the Pine Ridge Indian Reservation,

13 Rosebud Indian Reservation and Lower Brule Indian Res14 ervation, and to report to the Congress the findings of

15 such studies along with his recommendations.

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

17 subsection shall be completed and presented to Congress

18 within one year after the date that funds are first made

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

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