II 

Calendar No. 131 

113TH CONGRESS 

1ST SESSION S. 684 

[Report No. 113–74] 

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 

JULY 15, 2013 

Reported by Mr. WYDEN, with amendments 

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

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’’. 

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1 SEC. 2. OTHER AGENCY ASSISTANCE. 

2 The Mni Wiconi Project Act of 1988 (Public Law 

3 100–516; 102 Stat. 2566; 108 Stat. 4543) is amended 

4 by inserting after section 3B the following: 

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

6 RURAL WATER SUPPLY SYSTEM, ROSEBUD 

7 SIOUX RURAL WATER SYSTEM, AND LOWER 

8 BRULE SIOUX RURAL WATER SYSTEM. 

9 ‘‘(a) PLANS FOR COMPLETION.— 

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

11 Oglala Sioux Tribe, the Rosebud Sioux Tribe, and 

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

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

14 Secretary shall develop plans to complete the Oglala 

15 Sioux Rural Water Supply System, the Rosebud 

16 Sioux Rural Water System, and the Lower Brule 

17 Sioux Rural Water System. 

18 ‘‘(2) CONTENTS.—The plan for each water sup19 ply system described in paragraph (1) shall re20 quire— 

21 ‘‘(A) the completion of remaining compo22 nents of the applicable system in accordance 

23 with the Final Engineering Report dated May 

24 1993; 

25 ‘‘(B) the improvement, repair, and replace26 ment of existing water systems; and 

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

2 systems to the United States, to be held in 

3 trust for the Oglala Sioux Tribe, the Rosebud 

4 Sioux Tribe, or the Lower Brule Sioux Tribe, 

5 as applicable, and made part of the applicable 

6 rural water system. 

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

8 than 2 years after the date of enactment of this sec9 tion, the Secretary shall submit to the Committee on 

10 Energy and Natural Resources of the Senate and 

11 the Committee on Natural Resources of the House 

12 of Representatives— 

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

14 this subsection, including a schedule for full im15 plementation of the plan that shall not exceed 

16 a period of 15 years after the date of enactment 

17 of this section; 

18 ‘‘(B) a report that includes— 

19 ‘‘(i) a description of the roles and re20 sponsibilities of each of the heads of the 

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

22 (including the Commissioner of the Bureau 

23 of Reclamation) relating to the completion 

24 of the water supply systems, including with 

25 respect to the improvement, repair, and remstockstill on DSK4VPTVN1PROD with BILLS

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1 placement of the existing water systems 

2 before and after transfer; 

3 ‘‘(ii) the program authorities of each 

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

5 and a description of how the heads of the 

6 Federal agencies will work together to 

7 complete and implement the plans; and 

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

9 other need the Secretary determines to be 

10 necessary to complete and implement the 

11 plans; and 

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

13 roles and responsibilities of the heads of other 

14 Federal agencies that have existing authorities 

15 to provide assistance to the Oglala Sioux Tribe, 

16 the Rosebud Sioux Tribe, or the Lower Brule 

17 Sioux Tribe. 

18 ‘‘(b) INTERAGENCY AGREEMENTS.— 

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

20 provision of law, the Secretary shall enter into 

21 agreements with the Administrator of the Environ22 mental Protection Agency, the Secretary of Agri23 culture, the Secretary of Health and Human Serv24 ices, and the Secretary of Housing and Urban De25 velopment— 

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

2 United States; and 

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

4 Water Supply System, the Rosebud Sioux Rural 

5 Water System, and the Lower Brule Sioux 

6 Rural Water System in accordance with the 

7 Final Engineering Report dated May 1993, in8 cluding the transfer of existing water systems, 

9 as set forth in the plans for completion developed 

10 under subsection (a). 

11 ‘‘(2) COOPERATION.— 

12 ‘‘(A) IN GENERAL.—The heads of the Fed13 eral agencies described in paragraph (1) shall 

14 assist the Secretary in completing the Oglala 

15 Sioux Rural Water Supply System, the Rosebud 

16 Sioux Rural Water System, and the Lower 

17 Brule Sioux Rural Water System pursuant to 

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

19 including by— 

20 ‘‘(i) improving, repairing, and replac21 ing existing water systems as set forth in 

22 the plans developed under subsection (a); 

23 and 

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1 ‘‘(ii) constructing new rural water fa2 cilities, service lines, and other necessary 

3 features. 

4 ‘‘(B) ADMINISTRATOR OF THE ENVIRON5 MENTAL PROTECTION AGENCY.—The Adminis6 trator of the Environmental Protection Agency 

7 shall assist the Secretary in meeting the envi8 ronmental and safe drinking water needs of the 

9 Pine Ridge Indian Reservation, the Rosebud In10 dian Reservation, and the Lower Brule Indian 

11 Reservation, including through compliance with 

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

13 et seq.). 

14 ‘‘(C) SECRETARY OF HEALTH AND HUMAN

15 SERVICES.—The Secretary of Health and 

16 Human Services shall assist the Secretary in 

17 meeting the water supply and public health 

18 needs of the Pine Ridge Indian Reservation, the 

19 Rosebud Indian Reservation, and the Lower 

20 Brule Indian Reservation, including through 

21 compliance with the Act of August 5, 1954 

22 (commonly known as the ‘Indian Sanitation Fa23 cilities Act’) (42 U.S.C. 2001 et seq.). 

24 ‘‘(D) SECRETARY OF HOUSING AND URBAN

25 DEVELOPMENT.—The Secretary of Housing and 

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1 Urban Development shall assist the Secretary 

2 by carrying out projects to connect houses that 

3 are eligible for funding from the Department of 

4 Housing and Urban Development on the res5 ervations of the Oglala Sioux Tribe, the Rose6 bud Sioux Tribe, and the Lower Brule Sioux 

7 Tribe, through plumbing, water pipes, appur8 tenances, and interconnections to the Oglala 

9 Sioux Rural Water Supply System, the Rosebud 

10 Sioux Rural Water System, and the Lower 

11 Brule Sioux Rural Water System, respectively, 

12 to meet the water conservation standards of 

13 those water supply systems. 

14 ‘‘(3) LIVESTOCK DISTRIBUTION SYSTEMS.— 

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

16 Secretary of Agriculture shall, through the use 

17 of authorities of the Bureau of Indian Affairs 

18 and the Department of Agriculture, respec19 tively, complete, during a period not to exceed 

20 15 years after the date of enactment of this 

21 section, the livestock distribution system for the 

22 Oglala Sioux Rural Water Supply System and 

23 the Rosebud Sioux Rural Water System, con24 sistent with the Final Engineering Report dated 

25 May 1993. 

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

2 supply system described in subparagraph (A), 

3 the Secretary shall enter into agreements with 

4 the Secretary of Agriculture and the Director of 

5 the Bureau of Indian Affairs that set forth the 

6 specific responsibilities of each agency con7 cerning the construction of the livestock dis8 tribution systems. 

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

10 Interior, acting through the Bureau of Reclamation, 

11 shall act as the lead agency in carrying out this sec12 tion. 

13 ‘‘(5) ADMINISTRATION.— 

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

15 shall carry out the duties of the agency head 

16 under this subsection out of amounts made 

17 available to the agency head under annual ap18 propriations and existing authority authorities. 

19 ‘‘(B) AUTHORIZATION OF USE OF OTHER

20 FEDERAL AGENCY FUNDS.—Amounts made 

21 available to agencies other than the Bureau of 

22 Reclamation may also be used to carry out this 

23 Act. 

24 ‘‘(C) ADDITIONAL FUNDING REQUESTS.— 

25 Nothing in this subsection prohibits the Oglala 

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1 Sioux Tribe, the Rosebud Sioux Tribe, or the 

2 Lower Brule Sioux Tribe from applying for, 

3 seeking, or obtaining amounts from the Federal 

4 agencies referred to in paragraph (1) for any 

5 other purpose. 

6 ‘‘(c) UPGRADING STANDARDS FOR CONNECTING

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

8 shall, through the use of existing programs and annual 

9 appropriations, assist the Secretary in completing the Og10 lala Sioux Rural Water Supply System, the Rosebud Sioux 

11 Rural Water System, and the Lower Brule Sioux Rural 

12 Water System by constructing, repairing, and upgrading 

13 plumbing fixtures, skirting, and other necessary features, 

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

15 within the service areas are able to meet the standards 

16 for connecting to those water systems.’’. 

17 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

18 (a) PLANNING, DESIGN, AND CONSTRUCTION.—Sec19 tion 10(a) of the Mni Wiconi Project Act of 1988 (Public 

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

21 3033; 121 Stat. 1954) is amended— 

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

23 $58,800,000 (based on October 1, 1997 price lev24 els)’’ and inserting ‘‘, $58,800,000 (based on Octomstockstill on DSK4VPTVN1PROD with BILLS

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

2 October 1, 2011 price levels)’’; 

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

4 and inserting ‘‘2016’’; and 

5 (3) in the third sentence, by striking ‘‘and Oc6 tober 1, 1997 (with respect to the $58,800,000)’’ 

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

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

9 to the $14,308,000)’’. 

10 (b) OPERATION AND MAINTENANCE OF OGLALA

11 SIOUX RURAL WATER SUPPLY SYSTEM, ROSEBUD SIOUX

12 RURAL WATER SUPPLY SYSTEM, AND LOWER BRULE

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

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

15 102 Stat. 2571; 108 Stat. 4545) is amended— 

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

17 are’’ and inserting the following: 

18 ‘‘(1) OPERATION AND MAINTENANCE.— 

19 ‘‘(A) IN GENERAL.—There are’’; 

20 (2) in the second sentence, by striking ‘‘The op21 eration’’ and inserting the following: 

22 ‘‘(B) WEST RIVER AND LYMAN-JONES

23 RURAL WATER SYSTEMS.— 

24 ‘‘(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.—Not later than 5 years 

16 after the date of enactment of the Mni Wiconi 

17 Project Act Amendments of 2013, each public 

18 or tribal water system that is in existence on 

19 the date of enactment of this paragraph shall 

20 be transferred to the applicable rural water 

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

22 States for the benefit of the applicable Indian 

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

24 the Rosebud Sioux Tribe, or the Lower Brule 

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

2 water system. 

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

4 public or tribal water systems on the Pine Ridge 

5 Indian Reservation, the Rosebud Indian Res6 ervation, and the Lower Brule Indian Reserva7 tion that are in existence on the date of enact8 ment of this paragraph have been brought up to 

9 the standards for the water systems established 

10 in the plans developed under section 3C(a), but 

11 not later than 15 years after the date of enact12 ment of this paragraph, title to each of the water 

13 systems shall be transferred to the United States, 

14 to be held in trust for the benefit of the applica15 ble Indian tribe, on the request of the Oglala 

16 Sioux Tribe, the Rosebud Sioux Tribe, or the 

17 Lower Brule Sioux Tribe, as applicable, and the 

18 owner of the water system. 

19 ‘‘(B) IMPROVEMENTS AND REPAIRS AND

20 REPLACEMENT.—The Secretary shall use 

21 amounts authorized to be appropriated under 

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

23 replacement of any water system that is trans24 ferred or proposed to be transferred proposed, 

25 by request of the owner of the water system, to 

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1 be transferred and improved under subpara2 graph (A).’’. 

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Calendar No. 131 

113TH CONGRESS 

1ST SESSION S. 684 

[Report No. 113–74] 

A BILL 

To amend the Mni Wiconi Project Act of 1988 to 

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

JULY 15, 2013 

Reported with amendments 

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