II 

113TH CONGRESS 

1ST SESSION 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. 

IN THE SENATE OF THE UNITED STATES 

APRIL 9, 2013 

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

twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the Mni Wiconi Project Act of 1988 to facilitate 

completion of the Mni Wiconi Rural Water Supply System, 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 Project 

5 Act Amendments of 2013’’. 

6 SEC. 2. OTHER AGENCY ASSISTANCE. 

7 The Mni Wiconi Project Act of 1988 (Public Law 

8 100–516; 102 Stat. 2566; 108 Stat. 4543) is amended 

9 by inserting after section 3B the following: 


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1 ‘‘SEC. 3C. PLANS FOR COMPLETING THE OGLALA SIOUX 

2 RURAL WATER SUPPLY SYSTEM, ROSEBUD 

3 SIOUX RURAL WATER SYSTEM, AND LOWER 

4 BRULE SIOUX RURAL WATER SYSTEM. 

5 ‘‘(a) PLANS FOR COMPLETION.— 

6 ‘‘(1) IN GENERAL.—In consultation with the 

7 Oglala Sioux Tribe, the Rosebud Sioux Tribe, and 

8 the Lower Brule Sioux Tribe, as applicable, and the 

9 Federal agency heads listed in subsection (b)(1), the 

10 Secretary shall develop plans to complete the Oglala 

11 Sioux Rural Water Supply System, the Rosebud 

12 Sioux Rural Water System, and the Lower Brule 

13 Sioux Rural Water System. 

14 ‘‘(2) CONTENTS.—The plan for each water sup15 ply system described in paragraph (1) shall re16 quire— 

17 ‘‘(A) the completion of remaining compo18 nents of the applicable system in accordance 

19 with the Final Engineering Report dated May 

20 1993; 

21 ‘‘(B) the improvement, repair, and replace22 ment of existing water systems; and 

23 ‘‘(C) the transfer of those existing water 

24 systems to the United States, to be held in 

25 trust for the Oglala Sioux Tribe, the Rosebud 

26 Sioux Tribe, or the Lower Brule Sioux Tribe, 


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1 as applicable, and made part of the applicable 

2 rural water system. 

3 ‘‘(3) SUBMISSION TO CONGRESS.—Not later 

4 than 2 years after the date of enactment of this sec5 tion, the Secretary shall submit to the Committee on 

6 Energy and Natural Resources of the Senate and 

7 the Committee on Natural Resources of the House 

8 of Representatives— 

9 ‘‘(A) a copy of each plan developed under 

10 this subsection, including a schedule for full im11 plementation of the plan that shall not exceed 

12 a period of 15 years after the date of enactment 

13 of this section; 

14 ‘‘(B) a report that includes— 

15 ‘‘(i) a description of the roles and re16 sponsibilities of each of the heads of the 

17 Federal agencies listed in subsection (b)(1) 

18 (including the Commissioner of the Bureau 

19 of Reclamation) relating to the completion 

20 of the water supply systems, including with 

21 respect to the improvement, repair, and re22 placement of the existing water systems 

23 before and after transfer; 

24 ‘‘(ii) the program authorities of each 

25 Federal agency listed in subsection (b)(1) 


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1 and a description of how the heads of the 

2 Federal agencies will work together to 

3 complete and implement the plans; and 

4 ‘‘(iii) the amount of funding and any 

5 other need the Secretary determines to be 

6 necessary to complete and implement the 

7 plans; and 

8 ‘‘(C) as applicable, a description of the 

9 roles and responsibilities of the heads of other 

10 Federal agencies that have existing authorities 

11 to provide assistance to the Oglala Sioux Tribe, 

12 the Rosebud Sioux Tribe, or the Lower Brule 

13 Sioux Tribe. 

14 ‘‘(b) INTERAGENCY AGREEMENTS.— 

15 ‘‘(1) IN GENERAL.—Notwithstanding any other 

16 provision of law, the Secretary shall enter into 

17 agreements with the Administrator of the Environ18 mental Protection Agency, the Secretary of Agri19 culture, the Secretary of Health and Human Serv20 ices, and the Secretary of Housing and Urban De21 velopment— 

22 ‘‘(A) to fulfill the trust responsibility of the 

23 United States; and 

24 ‘‘(B) to complete the Oglala Sioux Rural 

25 Water Supply System, the Rosebud Sioux Rural 


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1 Water System, and the Lower Brule Sioux 

2 Rural Water System in accordance with the 

3 Final Engineering Report dated May 1993, in4 cluding the transfer of existing water systems. 

5 ‘‘(2) COOPERATION.— 

6 ‘‘(A) IN GENERAL.—The heads of the Fed7 eral agencies described in paragraph (1) shall 

8 assist the Secretary in completing the Oglala 

9 Sioux Rural Water Supply System, the Rosebud 

10 Sioux Rural Water System, and the Lower 

11 Brule Sioux Rural Water System pursuant to 

12 sections 3(a), 3A(a), and 3B(a), respectively, 

13 including by— 

14 ‘‘(i) improving, repairing, and replac15 ing existing water systems as set forth in 

16 the plans developed under subsection (a); 

17 and 

18 ‘‘(ii) constructing new rural water fa19 cilities, service lines, and other necessary 

20 features. 

21 ‘‘(B) ADMINISTRATOR OF THE ENVIRON22 MENTAL PROTECTION AGENCY.—The Adminis23 trator of the Environmental Protection Agency 

24 shall assist the Secretary in meeting the envi25 ronmental and safe drinking water needs of the 


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1 Pine Ridge Indian Reservation, the Rosebud In2 dian Reservation, and the Lower Brule Indian 

3 Reservation, including through compliance with 

4 the Safe Drinking Water Act (42 U.S.C. 300f 

5 et seq.). 

6 ‘‘(C) SECRETARY OF HEALTH AND HUMAN

7 SERVICES.—The Secretary of Health and 

8 Human Services shall assist the Secretary in 

9 meeting the water supply and public health 

10 needs of the Pine Ridge Indian Reservation, the 

11 Rosebud Indian Reservation, and the Lower 

12 Brule Indian Reservation, including through 

13 compliance with the Act of August 5, 1954 

14 (commonly known as the ‘Indian Sanitation Fa15 cilities Act’) (42 U.S.C. 2001 et seq.). 

16 ‘‘(D) SECRETARY OF HOUSING AND URBAN

17 DEVELOPMENT.—The Secretary of Housing and 

18 Urban Development shall assist the Secretary 

19 by carrying out projects to connect houses that 

20 are eligible for funding from the Department of 

21 Housing and Urban Development on the res22 ervations of the Oglala Sioux Tribe, the Rose23 bud Sioux Tribe, and the Lower Brule Sioux 

24 Tribe, through plumbing, water pipes, appur25 tenances, and interconnections to the Oglala 


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1 Sioux Rural Water Supply System, the Rosebud 

2 Sioux Rural Water System, and the Lower 

3 Brule Sioux Rural Water System, respectively, 

4 to meet the water conservation standards of 

5 those water supply systems. 

6 ‘‘(3) LIVESTOCK DISTRIBUTION SYSTEMS.— 

7 ‘‘(A) IN GENERAL.—The Secretary and the 

8 Secretary of Agriculture shall, through the use 

9 of authorities of the Bureau of Indian Affairs 

10 and the Department of Agriculture, respec11 tively, complete, during a period not to exceed 

12 15 years after the date of enactment of this 

13 section, the livestock distribution system for the 

14 Oglala Sioux Rural Water Supply System and 

15 the Rosebud Sioux Rural Water System, con16 sistent with the Final Engineering Report dated 

17 May 1993. 

18 ‘‘(B) ADMINISTRATION.—For each water 

19 supply system described in subparagraph (A), 

20 the Secretary shall enter into agreements with 

21 the Secretary of Agriculture and the Director of 

22 the Bureau of Indian Affairs that set forth the 

23 specific responsibilities of each agency con24 cerning the construction of the livestock dis25 tribution systems. 


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1 ‘‘(4) LEAD AGENCY.—The Department of the 

2 Interior, acting through the Bureau of Reclamation, 

3 shall act as the lead agency in carrying out this sec4 tion. 

5 ‘‘(5) ADMINISTRATION.— 

6 ‘‘(A) IN GENERAL.—Each agency head 

7 shall carry out the duties of the agency head 

8 under this subsection out of amounts made 

9 available to the agency head under annual ap10 propriations and existing authority. 

11 ‘‘(B) AUTHORIZATION OF USE OF OTHER

12 FEDERAL AGENCY FUNDS.—Amounts made 

13 available to agencies other than the Bureau of 

14 Reclamation may be used to carry out this Act. 

15 ‘‘(C) ADDITIONAL FUNDING REQUESTS.— 

16 Nothing in this subsection prohibits the Oglala 

17 Sioux Tribe, the Rosebud Sioux Tribe, or the 

18 Lower Brule Sioux Tribe from applying for, 

19 seeking, or obtaining amounts from the Federal 

20 agencies referred to in paragraph (1) for any 

21 other purpose. 

22 ‘‘(c) UPGRADING STANDARDS FOR CONNECTING

23 HOMES.—The Director of the Bureau of Indian Affairs 

24 shall, through the use of existing programs and annual 

25 appropriations, assist the Secretary in completing the OgVerDate Mar 15 2010 02:51 Apr 10, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S684.IS S684

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1 lala Sioux Rural Water Supply System, the Rosebud Sioux 

2 Rural Water System, and the Lower Brule Sioux Rural 

3 Water System by constructing, repairing, and upgrading 

4 plumbing fixtures, skirting, and other necessary features, 

5 such as septic tanks and drainfields, to ensure that houses 

6 within the service areas are able to meet the standards 

7 for connecting to those water systems.’’. 

8 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) PLANNING, DESIGN, AND CONSTRUCTION.—Sec10 tion 10(a) of the Mni Wiconi Project Act of 1988 (Public 

11 Law 100–516; 102 Stat. 2571; 108 Stat. 4545; 116 Stat. 

12 3033; 121 Stat. 1954) is amended— 

13 (1) in the first sentence, by striking ‘‘and 

14 $58,800,000 (based on October 1, 1997 price lev15 els)’’ and inserting ‘‘, $58,800,000 (based on Octo16 ber 1, 1997 price levels), and $14,308,000 (based on 

17 October 1, 2011 price levels)’’; 

18 (2) in the second sentence, by striking ‘‘2013’’ 

19 and inserting ‘‘2016’’; and 

20 (3) in the third sentence, by striking ‘‘and Oc21 tober 1, 1997 (with respect to the $58,800,000)’’ 

22 and inserting ‘‘, October 1, 1997 (with respect to 

23 the $58,800,000), and October 1, 2011 (with respect 

24 to the $14,308,000)’’. 


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1 (b) OPERATION AND MAINTENANCE OF OGLALA

2 SIOUX RURAL WATER SUPPLY SYSTEM, ROSEBUD SIOUX

3 RURAL WATER SUPPLY SYSTEM, AND LOWER BRULE

4 SIOUX WATER SUPPLY SYSTEM.—Section 10(b) of the 

5 Mni Wiconi Project Act of 1988 (Public Law 100–516; 

6 102 Stat. 2571; 108 Stat. 4545) is amended— 

7 (1) in the first sentence, by striking ‘‘There 

8 are’’ and inserting the following: 

9 ‘‘(1) OPERATION AND MAINTENANCE.— 

10 ‘‘(A) IN GENERAL.—There are’’; 

11 (2) in the second sentence, by striking ‘‘The op12 eration’’ and inserting the following: 

13 ‘‘(B) WEST RIVER AND LYMAN-JONES

14 RURAL WATER SYSTEMS.— 

15 ‘‘(i) IN GENERAL.—The operation’’; 

16 (3) in the third sentence, by striking ‘‘Such 

17 fee’’ and inserting the following: 

18 ‘‘(ii) FEE BASIS.—The fee described 

19 in clause (i)’’; 

20 (4) in the fourth sentence, by striking ‘‘Such 

21 operation and maintenance payments’’ and inserting 

22 the following: 

23 ‘‘(iii) ADJUSTMENT OF PAYMENTS.— 

24 The operation and maintenance payments 

25 under this subparagraph’’; and 


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1 (5) by adding after paragraph (1) (as so des2 ignated) the following: 

3 ‘‘(2) COMMUNITY WATER SYSTEMS UP4 GRADES.— 

5 ‘‘(A) IN GENERAL.—Not later than 5 years 

6 after the date of enactment of the Mni Wiconi 

7 Project Act Amendments of 2013, each public 

8 or tribal water system that is in existence on 

9 the date of enactment of this paragraph shall 

10 be transferred to the applicable rural water 

11 supply system, to be held in trust by the United 

12 States for the benefit of the applicable Indian 

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

14 the Rosebud Sioux Tribe, or the Lower Brule 

15 Sioux Tribe, as applicable, and the owner of the 

16 water system. 

17 ‘‘(B) IMPROVEMENTS AND REPAIRS AND

18 REPLACEMENT.—The Secretary shall use 

19 amounts authorized to be appropriated under 

20 paragraph (1) for the improvement, repair, and 

21 replacement of any water system that is trans22 ferred or proposed to be transferred under sub23 paragraph (A).’’. 

Æ 


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