113TH CONGRESS 

2D SESSION S. 684 

AN ACT 

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, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Mni Wiconi Project 

3 Act Amendments of 2013’’. 

4 SEC. 2. OTHER AGENCY ASSISTANCE. 

5 The Mni Wiconi Project Act of 1988 (Public Law 

6 100–516; 102 Stat. 2566; 108 Stat. 4543) is amended 

7 by inserting after section 3B the following: 

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

9 RURAL WATER SUPPLY SYSTEM, ROSEBUD 

10 SIOUX RURAL WATER SYSTEM, AND LOWER 

11 BRULE SIOUX RURAL WATER SYSTEM. 

12 ‘‘(a) PLANS FOR COMPLETION.— 

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

14 Oglala Sioux Tribe, the Rosebud Sioux Tribe, and 

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

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

17 Secretary shall develop plans to complete the Oglala 

18 Sioux Rural Water Supply System, the Rosebud 

19 Sioux Rural Water System, and the Lower Brule 

20 Sioux Rural Water System. 

21 ‘‘(2) CONTENTS.—The plan for each water sup22 ply system described in paragraph (1) shall re23 quire— 

24 ‘‘(A) the completion of remaining compo25 nents of the applicable system in accordance 
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1 with the Final Engineering Report dated May 

2 1993; 

3 ‘‘(B) the improvement, repair, and replace4 ment of existing water systems; and 

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

6 systems to the United States, to be held in 

7 trust for the Oglala Sioux Tribe, the Rosebud 

8 Sioux Tribe, or the Lower Brule Sioux Tribe, 

9 as applicable, and made part of the applicable 

10 rural water system. 

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

12 than 2 years after the date of enactment of this sec13 tion, the Secretary shall submit to the Committee on 

14 Energy and Natural Resources of the Senate and 

15 the Committee on Natural Resources of the House 

16 of Representatives— 

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

18 this subsection, including a schedule for full im19 plementation of the plan that shall not exceed 

20 a period of 15 years after the date of enactment 

21 of this section; 

22 ‘‘(B) a report that includes— 

23 ‘‘(i) a description of the roles and re24 sponsibilities of each of the heads of the 

25 Federal agencies listed in subsection (b)(1) 
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1 (including the Commissioner of the Bureau 

2 of Reclamation) relating to the completion 

3 of the water supply systems, including with 

4 respect to the improvement, repair, and re5 placement of the existing water systems 

6 before and after transfer; 

7 ‘‘(ii) the program authorities of each 

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

9 and a description of how the heads of the 

10 Federal agencies will work together to 

11 complete and implement the plans; and 

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

13 other need the Secretary determines to be 

14 necessary to complete and implement the 

15 plans; and 

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

17 roles and responsibilities of the heads of other 

18 Federal agencies that have existing authorities 

19 to provide assistance to the Oglala Sioux Tribe, 

20 the Rosebud Sioux Tribe, or the Lower Brule 

21 Sioux Tribe. 

22 ‘‘(b) INTERAGENCY AGREEMENTS.— 

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

24 provision of law, the Secretary shall enter into 

25 agreements with the Administrator of the Environ-
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1 mental Protection Agency, the Secretary of Agri2 culture, the Secretary of Health and Human Serv3 ices, and the Secretary of Housing and Urban De4 velopment— 

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

6 United States; and 

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

8 Water Supply System, the Rosebud Sioux Rural 

9 Water System, and the Lower Brule Sioux 

10 Rural Water System in accordance with the 

11 Final Engineering Report dated May 1993, in12 cluding the transfer of existing water systems, 

13 as set forth in the plans for completion devel14 oped under subsection (a). 

15 ‘‘(2) COOPERATION.— 

16 ‘‘(A) IN GENERAL.—The heads of the Fed17 eral agencies described in paragraph (1) shall 

18 assist the Secretary in completing the Oglala 

19 Sioux Rural Water Supply System, the Rosebud 

20 Sioux Rural Water System, and the Lower 

21 Brule Sioux Rural Water System pursuant to 

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

23 including by— 

24 ‘‘(i) improving, repairing, and replac25 ing existing water systems as set forth in 
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1 the plans developed under subsection (a); 

2 and 

3 ‘‘(ii) constructing new rural water fa4 cilities, service lines, and other necessary 

5 features. 

6 ‘‘(B) ADMINISTRATOR OF THE ENVIRON7 MENTAL PROTECTION AGENCY.—The Adminis8 trator of the Environmental Protection Agency 

9 shall assist the Secretary in meeting the envi10 ronmental and safe drinking water needs of the 

11 Pine Ridge Indian Reservation, the Rosebud In12 dian Reservation, and the Lower Brule Indian 

13 Reservation, including through compliance with 

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

15 et seq.). 

16 ‘‘(C) SECRETARY OF HEALTH AND HUMAN

17 SERVICES.—The Secretary of Health and 

18 Human Services shall assist the Secretary in 

19 meeting the water supply and public health 

20 needs of the Pine Ridge Indian Reservation, the 

21 Rosebud Indian Reservation, and the Lower 

22 Brule Indian Reservation, including through 

23 compliance with the Act of August 5, 1954 

24 (commonly known as the ‘Indian Sanitation Fa25 cilities Act’) (42 U.S.C. 2001 et seq.). 
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1 ‘‘(D) SECRETARY OF HOUSING AND URBAN

2 DEVELOPMENT.—The Secretary of Housing and 

3 Urban Development shall assist the Secretary 

4 by carrying out projects to connect houses that 

5 are eligible for funding from the Department of 

6 Housing and Urban Development on the res7 ervations of the Oglala Sioux Tribe, the Rose8 bud Sioux Tribe, and the Lower Brule Sioux 

9 Tribe, through plumbing, water pipes, appur10 tenances, and interconnections to the Oglala 

11 Sioux Rural Water Supply System, the Rosebud 

12 Sioux Rural Water System, and the Lower 

13 Brule Sioux Rural Water System, respectively, 

14 to meet the water conservation standards of 

15 those water supply systems. 

16 ‘‘(3) LIVESTOCK DISTRIBUTION SYSTEMS.— 

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

18 Secretary of Agriculture shall, through the use 

19 of authorities of the Bureau of Indian Affairs 

20 and the Department of Agriculture, respec21 tively, complete, during a period not to exceed 

22 15 years after the date of enactment of this 

23 section, the livestock distribution system for the 

24 Oglala Sioux Rural Water Supply System and 

25 the Rosebud Sioux Rural Water System, con-
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1 sistent with the Final Engineering Report dated 

2 May 1993. 

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

4 supply system described in subparagraph (A), 

5 the Secretary shall enter into agreements with 

6 the Secretary of Agriculture and the Director of 

7 the Bureau of Indian Affairs that set forth the 

8 specific responsibilities of each agency con9 cerning the construction of the livestock dis10 tribution systems. 

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

12 Interior, acting through the Bureau of Reclamation, 

13 shall act as the lead agency in carrying out this sec14 tion. 

15 ‘‘(5) ADMINISTRATION.— 

16 ‘‘(A) IN GENERAL.—Each agency head 

17 shall carry out the duties of the agency head 

18 under this subsection out of amounts made 

19 available to the agency head under annual ap20 propriations and existing authorities. 

21 ‘‘(B) AUTHORIZATION OF USE OF OTHER

22 FEDERAL AGENCY FUNDS.—Amounts made 

23 available to agencies other than the Bureau of 

24 Reclamation may also be used to carry out this 

25 Act. 
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1 ‘‘(C) ADDITIONAL FUNDING REQUESTS.— 

2 Nothing in this subsection prohibits the Oglala 

3 Sioux Tribe, the Rosebud Sioux Tribe, or the 

4 Lower Brule Sioux Tribe from applying for, 

5 seeking, or obtaining amounts from the Federal 

6 agencies referred to in paragraph (1) for any 

7 other purpose. 

8 ‘‘(c) UPGRADING STANDARDS FOR CONNECTING

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

10 shall, through the use of existing programs and annual 

11 appropriations, assist the Secretary in completing the Og12 lala Sioux Rural Water Supply System, the Rosebud Sioux 

13 Rural Water System, and the Lower Brule Sioux Rural 

14 Water System by constructing, repairing, and upgrading 

15 plumbing fixtures, skirting, and other necessary features, 

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

17 within the service areas are able to meet the standards 

18 for connecting to those water systems.’’. 

19 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) PLANNING, DESIGN, AND CONSTRUCTION.—Sec21 tion 10(a) of the Mni Wiconi Project Act of 1988 (Public 

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

23 3033; 121 Stat. 1954) is amended— 

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

25 $58,800,000 (based on October 1, 1997 price lev-
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1 els)’’ and inserting ‘‘, $58,800,000 (based on Octo2 ber 1, 1997 price levels), and $14,308,000 (based on 

3 October 1, 2011 price levels)’’; 

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

5 and inserting ‘‘2016’’; and 

6 (3) in the third sentence, by striking ‘‘and Oc7 tober 1, 1997 (with respect to the $58,800,000)’’ 

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

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

10 to the $14,308,000)’’. 

11 (b) OPERATION AND MAINTENANCE OF OGLALA

12 SIOUX RURAL WATER SUPPLY SYSTEM, ROSEBUD SIOUX

13 RURAL WATER SUPPLY SYSTEM, AND LOWER BRULE

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

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

16 102 Stat. 2571; 108 Stat. 4545) is amended— 

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

18 are’’ and inserting the following: 

19 ‘‘(1) OPERATION AND MAINTENANCE.— 

20 ‘‘(A) IN GENERAL.—There are’’; 

21 (2) in the second sentence, by striking ‘‘The op22 eration’’ and inserting the following: 

23 ‘‘(B) WEST RIVER AND LYMAN-JONES

24 RURAL WATER SYSTEMS.— 

25 ‘‘(i) IN GENERAL.—The operation’’; 
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1 (3) in the third sentence, by striking ‘‘Such 

2 fee’’ and inserting the following: 

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

4 in clause (i)’’; 

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

6 operation and maintenance payments’’ and inserting 

7 the following: 

8 ‘‘(iii) ADJUSTMENT OF PAYMENTS.— 

9 The operation and maintenance payments 

10 under this subparagraph’’; and 

11 (5) by adding after paragraph (1) (as so des12 ignated) the following: 

13 ‘‘(2) COMMUNITY WATER SYSTEMS UP14 GRADES.— 

15 ‘‘(A) IN GENERAL.—After the date on 

16 which public or tribal water systems on the 

17 Pine Ridge Indian Reservation, the Rosebud In18 dian Reservation, and the Lower Brule Indian 

19 Reservation that are in existence on the date of 

20 enactment of this paragraph have been brought 

21 up to the standards for the water systems es22 tablished in the plans developed under section 

23 3C(a), but not later than 15 years after the 

24 date of enactment of this paragraph, title to 

25 each of the water systems shall be transferred 
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1 to the United States, to be held in trust for the 

2 benefit of the applicable Indian tribe, on the re3 quest of the Oglala Sioux Tribe, the Rosebud 

4 Sioux Tribe, or the Lower Brule Sioux Tribe, 

5 as applicable, and the owner of the water sys6 tem. 

7 ‘‘(B) IMPROVEMENTS AND REPAIRS AND

8 REPLACEMENT.—The Secretary shall use 

9 amounts authorized to be appropriated under 

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

11 replacement of any water system that is trans12 ferred or proposed, by request of the owner of 

13 the water system, to be transferred and im14 proved under subparagraph (A).’’. 

15 SEC. 4. OFFSET. 

16 Notwithstanding any other provision of law, in the 

17 case of the project authorized by section 1617 of the Rec18 lamation Projects Authorization and Adjustment Act of 

19 1992 (43 U.S.C. 390h–12c), the maximum amount of the 

20 Federal share of the cost of the project under section 

21 1631(d)(1) of that Act (43 U.S.C. 390h–13(d)(1)) other-
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1 wise available as of the date of enactment of this Act shall 

2 be reduced by $15,000,000. 

Passed the Senate December 16, 2014. 

Attest: 

Secretary. 
113TH CONGRESS 

2D SESSION S. 684 

AN ACT 

To amend the Mni Wiconi Project Act of 1988 to 

Water Supply System, and for other purposes. facilitate completion of the Mni Wiconi Rural