Calendar No. 632

103D CONGRESS

2D SESSION S. 2066

[Report No. 103–378]

A BILL

To expand the Mni Wiconi Rural Water Supply

Project, and for other purposes.

SEPTEMBER 26 (legislative day, SEPTEMBER 12), 1994

Reported with amendments
II

Calendar No. 632

103D CONGRESS

2D SESSION S. 2066

[Report No. 103–378]

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

purposes.

IN THE SENATE OF THE UNITED STATES

MAY 3 (legislative day, MAY 2), 1994

Mr. DASCHLE (for himself and Mr. PRESSLER) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

SEPTEMBER 26 (legislative day, SEPTEMBER 12), 1994

Reported by Mr. JOHNSTON, with amendments

[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3 amended or repealed, such amendment or repeal shall be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.—Section 2(a) is amended—

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

9 and inserting ‘‘Reservation, Rosebud Indian Res10 ervation, and Lower Brule Indian Reservation’’;

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

12 (5) as paragraphs (4), (5), and (6), respectively;

13 (3) by inserting after paragraph (2) the follow14 ing new paragraph:

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

16 Reservation and Lower Brule Indian Reservation re17 strict efforts to promote economic development on

18 those reservations;’’;

19 (4) in paragraph (5), as redesignated by para20 graph (2) of this subsection, by striking ‘‘Reserva21 tion;’’ and inserting ‘‘Reservation, Rosebud Indian

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

23 and

24 (5) in paragraph (6), as redesignated by para25 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.—Section 2(b) is amended by inserting

4 ‘‘, Rosebud Indian Reservation, and Lower Brule Indian

5 Reservation’’ after ‘‘Reservation’’ each place it appears.

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

7 (a) AUTHORIZATION.—Section 3(a) is amended—

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

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

10 specifically described in the Final Engineering Re11 port dated May 1993.’’; and

12 (2) by amending paragraph (3) to read as fol13 lows:

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

15 the West River Rural Water System, Lyman-Jones

16 Rural Water System, Rosebud Sioux Rural Water

17 System, and Lower Brule Sioux Rural Water Sys18 tem;’’.

19 (b) CONSTRUCTION REQUIREMENTS.—Section 3(d)

20 is amended—

21 (1) by striking ‘‘West River Rural Water Sys22 tem, and’’ and inserting ‘‘West River Rural Water

23 System, the Rosebud Sioux Rural Water System, the

24 Lower Brule Sioux Rural Water System, and’’; and
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1 (2) by striking ‘‘three systems’’ and inserting

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

3 (c) TITLE TO SYSTEM.—Section 3(e) is amended by

4 inserting ‘‘or encumbered’’ after ‘‘transferred’’.

5 SEC. 5. WEST RIVER RURAL WATER SYSTEM AND LYMAN6 JONES RURAL WATER SYSTEM.

7 Section 4(a) of the Act is amended—

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

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

10 and

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

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

13 SEC. 56. ROSEBUD SIOUX RURAL WATER SYSTEM AND

14 LOWER BRULE SIOUX RURAL WATER SYSTEM.

15 The Act is amended by inserting after section 3 the

16 following:

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

18 ‘‘(a) AUTHORIZATION.—The Secretary shall plan, de19 sign, construct, operate, maintain, and replace a munici20 pal, rural, and industrial water system, to be known as

21 the Rosebud Sioux Rural Water System, as generally de22 scribed in the Rosebud Sioux Tribe Municipal, Rural and

23 Industrial Water Needs Assessment, dated July 1993, and

24 the Final Engineering Report for the Mni Wiconi Rural
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1 Water Supply Project dated May 1993. The Rosebud

2 Sioux Rural Water system shall consist of—

3 ‘‘(1) necessary pumping and treatment facili4 ties;

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

6 interconnections with the Oglala Sioux Rural Water

7 Supply System to the Rosebud Indian Reservation;

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

9 the Lyman-Jones Rural Water System;

10 ‘‘(4) distribution and treatment facilities to

11 serve the needs of the Rosebud Indian Reservation,

12 and other areas described in the Rosebud Sioux

13 Tribe Municipal, Rural and Industrial Water Needs

14 Assessment, dated July 1993, including the pur15 chase, improvement and repair of existing water sys16 tems (including systems owned by individual tribal

17 members and other residents of the Rosebud Indian

18 Reservation);

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 determines to be necessary
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1 and appropriate to meet the water supply and the

2 economic, public health, and environmental needs of

3 the reservation, including water storage tanks, water

4 lines, and other facilities for the Rosebud Sioux

5 Tribe and reservation villages, towns, and munici6 palities.

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

8 PLAN, DESIGN, CONSTRUCT, OPERATE, AND MAINTAIN

9 THE ROSEBUD SIOUX RURAL WATER SYSTEM.—

10 ‘‘(1) In carrying out subsection (a), the Sec11 retary, with the concurrence of the Rosebud Sioux

12 Tribal Council, shall enter into cooperative agree13 ments with the appropriate non-Federal entity or en14 tities for planning, designing, constructing, operat15 ing, maintaining, and replacing the Rosebud Sioux

16 Rural Water System.

17 ‘‘(2) Each cooperative agreement entered into

18 under this subsection shall set forth, in a manner

19 acceptable to the Secretary—

20 ‘‘(A) the responsibilities of the parties

21 for—

22 ‘‘(i) needs assessment, feasibility, and

23 environmental studies;

24 ‘‘(ii) engineering and design;

25 ‘‘(iii) construction;
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1 ‘‘(iv) water conservation measures;

2 and

3 ‘‘(v) administration of any contracts

4 with respect to this subparagraph;

5 ‘‘(B) the procedures and requirements for

6 approval and acceptance of design and con7 struction; and

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

10 ‘‘(3) Each cooperative agreement may include

11 provisions for the purchase, improvement, and repair

12 of existing water systems, including systems owned

13 by individual tribal members and other residents lo14 cated on the Rosebud 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
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1 may transfer to the appropriate non-Federal entity,

2 on a nonreimbursable basis, the funds authorized to

3 be appropriated by section 10(a) for the Rosebud

4 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 in 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 Sioux Water System and Lyman-Jones

25 Rural Water System may be interconnected and provided
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1 with water service from common facilities. Any joint costs

2 associated 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 shall

10 provide such technical assistance as may be necessary to

11 the Rosebud Sioux Tribe to plan, develop, construct, oper12 ate, maintain, and replace the Rosebud Sioux Rural Water

13 System, including operation and management training.

14 ‘‘(g) APPLICATION OF THE INDIAN SELF-DETER15 MINATION AND EDUCATION ASSISTANCE ACT.—Planning,

16 design, construction, and operation of the Rosebud Sioux

17 Rural Water System shall be subject to the Indian Self18 Determination and Education Assistance Act (25 U.S.C.

19 450 et seq.).

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

21 ‘‘(a) AUTHORIZATION.—The Secretary shall plan, de22 sign, construct, operate, maintain, and replace a munici23 pal, rural, and industrial water system, to be known as

24 the Lower Brule Sioux Rural Water System, as generally

25 described in the Final Engineering Report for the Mni
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1 Wiconi Rural Water Supply Project, dated May 1993. The

2 Lower Brule Sioux Rural Water System shall consist of—

3 ‘‘(1) necessary pumping and treatment facili4 ties;

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

6 interconnections with the Oglala Sioux Rural Water

7 Supply System to the Lower Brule Indian Reserva8 tion;

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

10 the Lyman-Jones Rural Water System;

11 ‘‘(4) distribution and treatment facilities to

12 serve the needs of the Lower Brule Indian Reserva13 tion, including the purchase, improvement, and re14 pair of existing water systems (including systems

15 owned by individual tribal members and other resi16 dents of the Lower Brule Indian Reservation);

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

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

19 ‘‘(7) electrical power transmission and distribu20 tion facilities necessary for services to water systems

21 facilities; and

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

23 facilities as the Secretary determines to be necessary

24 and appropriate to meet the water supply and eco25 nomic, public health, and environmental needs of the
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1 reservation, including water storage tanks, water

2 lines, and other facilities for the Lower Brule Sioux

3 Tribe and reservation villages, towns, and munici4 palities.

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

6 PLAN, DESIGN, CONSTRUCT, OPERATE, AND MAINTAIN

7 THE LOWER BRULE SIOUX RURAL WATER SYSTEM.—

8 ‘‘(1) In carrying out subsection (a), the Sec9 retary, with the concurrence of the Lower Brule

10 Sioux Tribal Council, shall enter into cooperative

11 agreements with the appropriate non-Federal entity

12 or entities for planning, designing, constructing, op13 erating, maintaining, and replacing the Lower Brule

14 Sioux Rural Water System.

15 ‘‘(2) Each cooperative agreement entered into

16 under this subsection shall set forth, in a manner

17 acceptable to the Secretary—

18 ‘‘(A) the responsibilities of the parties

19 for—

20 ‘‘(i) needs assessment, feasibility, and

21 environmental studies;

22 ‘‘(ii) engineering and design;

23 ‘‘(iii) construction;

24 ‘‘(iv) water conservation measures;

25 and
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1 ‘‘(v) administration of any contracts

2 with respect to this subparagraph;

3 ‘‘(B) the procedures and requirements for

4 approval and acceptance of design and con5 struction; and

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

8 ‘‘(3) Each cooperative agreement may include

9 provisions for the purchase, improvement, and repair

10 of existing water systems, including systems owned

11 by individual tribal members and other residents lo12 cated on the 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

24 may transfer to the appropriate non-Federal entity,

25 on a nonreimbursable basis, the funds authorized to
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1 be appropriated by section 10(a) for the Lower

2 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 in 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 shall

4 provide such technical assistance as may be necessary to

5 the Lower Brule Sioux Tribe to plan, develop, construct,

6 operate, maintain, and replace the Lower Brule Sioux

7 Rural Water System, including operation and manage8 ment training.

9 ‘‘(g) APPLICATION OF THE INDIAN SELF-DETER10 MINATION AND EDUCATION ASSISTANCE ACT.—Planning,

11 design, construction, and operation of the Lower Brule

12 Sioux Rural Water System shall be subject to the Indian

13 Self-Determination and Education Assistance Act (25

14 U.S.C. 450 et seq.).’’.

15 SEC. 67. WEST RIVER RURAL WATER SYSTEM AND LYMAN16 JONES RURAL WATER SYSTEM.

17 (a) SERVICE AREA.—Section 4(d) is amended by

18 striking the period at the end and inserting ‘‘, and the

19 Final Engineering Report dated May 1993.’’.

20 (b) INTERCONNECTION OF FACILITIES AND WAIVER

21 OF CHARGES.—Section 4 is amended by redesignating

22 subsection (f) as subsection (g) and inserting after sub23 section (e) the following new subsection:

24 ‘‘(f) INTERCONNECTION OF FACILITIES AND WAIVER

25 OF CHARGES.—The Secretary may interconnect the
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1 Lyman-Jones Rural Water System and the West River

2 Rural Water System with each of the other systems au3 thorized under this Act, and to provide for the delivery

4 of water to the West River Rural Water System and

5 Lyman-Jones Rural Water System, without charge or

6 cost, from the Missouri River and through common facili7 ties of the Oglala Sioux Rural Water Supply System, the

8 Rosebud Sioux Rural Water System, and the Lower Brule

9 Rural Water System.’’.

10 SEC. 78. WATER CONSERVATION.

11 Section 5 is amended by striking ‘‘The non-Federal

12 parties (including the Oglala Sioux Tribe)’’ and inserting

13 ‘‘Each non-Federal party (including the Oglala Sioux

14 Tribe, Rosebud Sioux Tribe, and Lower Brule Sioux

15 Tribe)’’.

16 SEC. 89. MITIGATION OF FISH AND WILDLIFE LOSES.

17 Section 6 is amended—

18 (1) in subsection (a)—

19 (A) in the heading, by inserting ‘‘, ROSE20 BUD SIOUX RURAL WATER SYSTEM, LOWER

21 BRULE SIOUX RURAL WATER SYSTEM,’’ after

22 ‘‘SUPPLY SYSTEM’’; and

23 (B) by inserting ‘‘Rosebud Sioux Rural

24 Water System, Lower Brule Sioux Rural Water

25 System,’’ after ‘‘Supply System,’’; and
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1 (2) in subsection (b)—

2 (A) by inserting ‘‘, all Indian tribes resid3 ing on reservations within the State of South

4 Dakota,’’ after ‘‘South Dakota’’;

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

6 ‘‘wildlife’’;

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

8 ‘‘Such recommendations’’; and

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

10 ‘‘The Indian tribes shall be afforded an opportunity to re11 view and concur within any recommendations affecting

12 their reservations before the recommendations are submit13 ted to Congress.’’.

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

15 SIOUX, AND LOWER BRULE SIOUX BIO-DIVER16 SITY TRUSTS.

17 The Act is amended by inserting after section 6 the

18 following new sections:

19 ‘‘SEC. 6A. ESTABLISHMENT OF THE OGLALA SIOUX, ROSE20 BUD SIOUX, AND LOWER BRULE SIOUX BIO21 DIVERSITY TRUSTS.

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

23 Federal grants to the Oglala Sioux, Rosebud Sioux, and

24 Lower Brule Sioux Bio-Diversity Trusts. The Federal con25 tribution shall not exceed $16,000,000 and shall be paid
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1 in 5 annual installments beginning in fiscal year 1995.

2 The grants shall be expended as provided in the Final En3 gineering Report for the Mni Wiconi Rural Water Supply

4 Project, dated May 1993, required by section 3(f) of this

5 Act.

6 ‘‘(b) ELIGIBILITY REQUIREMENTS FOR FEDERAL

7 CONTRIBUTIONS.—Each Trust shall be eligible to receive

8 Federal grants under subsection (a) if the Trust—

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

10 corporation under the laws of the Tribe on whose

11 reservation it will operate;

12 ‘‘(2) is incorporated to select and provide fund13 ing to projects that restore, protect, and enhance

14 wildlife and wildlife habitat;

15 ‘‘(3) is under the direction of a Board of Trust16 ees that—

17 ‘‘(A) has the power to manage all the af18 fairs of the corporation, including administra19 tion, data collection, and implementation of the

20 purposes of the Trust; and

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

22 serve on any Federal, tribal, or State legislative

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

24 ‘‘(4) is comprised of not fewer than 3 persons

25 or more than 5 persons elected to 3-year, staggered
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1 terms by the eligible voters of the Tribe on whose

2 reservation the Trust will operate.

3 ‘‘(c) OPERATIONAL REQUIREMENTS OF BIO-DIVER4 SITY TRUSTS.—The Oglala Sioux, Rosebud Sioux, and

5 Lower Brule Sioux Bio-Diversity Trusts shall be deemed

6 to be operating in accordance with this section if the fol7 lowing conditions are met:

8 ‘‘(1) Each Trust shall be operated to select and

9 provide funding to projects that protect, restore, and

10 maintain plant and animal communities and large11 scale natural ecosystems in accordance with its cor12 porate purposes. Projects eligible for funding include

13 projects that—

14 ‘‘(A) reconstitute natural biological diver15 sity that has been diminished;

16 ‘‘(B) assist the recovery of species popu17 lations, communities, and ecosystems that are

18 unable to survive on-site without intervention;

19 ‘‘(C) allow reintroduction and reoccupation

20 of ecosystems by native flora and fauna;

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

22 fauna that are damaging natural ecosystems;

23 ‘‘(E) restore natural habitat for the re24 cruitment and survival of fish, waterfowl, and

25 other wildlife;
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1 ‘‘(F) provide additional conservation values

2 to Indian trust lands;

3 ‘‘(G) add to structural and compositional

4 values of existing preserves or enhance the via5 bility, defensibility, and management of pre6 serves; and

7 ‘‘(H) restore natural hydrological effects

8 including sediment and erosion control, drain9 age, percolation, and other water quality im10 provement capacity.

11 ‘‘(2) Each Trust shall be managed in a fiscally

12 responsible fashion by investing in private and public

13 financial vehicles approved by the Secretary with the

14 goal of producing income and preserving principal.

15 ‘‘(3) Trust funds shall be deposited in financial

16 institutions other than those used by the Oglala

17 Sioux Tribe, Rosebud Sioux Tribe, and Lower Brule

18 Sioux Tribe for their general funds where—

19 ‘‘(A) the principal will be inviolate, but in20 come from the principal will be used to accom21 plish the goals of the trust; and

22 ‘‘(B) expenditures of all funds from each

23 trust account are based on an annual budget

24 approved by the Secretary.
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1 ‘‘(4) Not less than 10 percent of the interest

2 earned each year from the principal in each account

3 shall be added to the principal.

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

5 BE FUNDED BY TRUST.—Projects eligible for funding

6 under this section must be located within the service areas

7 of the Oglala Sioux Rural Water Supply System, the Rose8 bud Sioux Rural Water System, or the Lower Brule Sioux

9 Rural Water System.

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

11 Secretary shall annually report on the operation and man12 agement of each Trust to the Committee Appropriations,

13 the Committee on Energy and Natural Resources, and the

14 Committee on Indian Affairs of the Senate, and the Com15 mittee on Appropriations and the Committee on Natural

16 Resources of the House of Representatives.

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

18 LYMAN-JONES BIO-DIVERSITY TRUSTS.

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

20 Federal contribution in the form of a Federal grant to

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

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

23 shall be paid in 5 annual installments beginning in fiscal

24 year 1995.
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1 ‘‘(b) ELIGIBILITY REQUIREMENTS FOR FEDERAL

2 CONTRIBUTIONS.—The West River and Lyman-Jones

3 Bio-Diversity Trusts shall be eligible to receive Federal

4 contributions pursuant to subsection (a) if they comply

5 with the following requirements:

6 ‘‘(1) Each Trust shall be established and oper7 ated as a nonprofit corporation under the laws of

8 the State of South Dakota.

9 ‘‘(2) The corporate purposes of each Trust shall

10 be to select and provide funding to projects that re11 store, protect, and enhance wildlife and wildlife habi12 tat within the West River and Lyman-Jones service

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

14 ‘‘(3) Each Trust shall be under the direction of

15 a Board of Trustees having the power to manage all

16 the affairs of the corporation, including administra17 tion, data collection, and implementation of the pur18 poses of the Trust.

19 ‘‘(4) The Board of each Trust shall be com20 prised of not fewer than 3 nor more than 10 persons

21 appointed by the West River Rural Water System

22 and Lyman-Jones Rural Water System recognized in

23 section 4 of this Act.

24 ‘‘(c) OPERATIONAL REQUIREMENTS OF TRUSTS.—

25 The West River and Lyman-Jones Bio-Diversity Trusts
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1 shall be deemed to be operating in accordance with this

2 section if the following conditions are met:

3 ‘‘(1) Each Trust shall be operated to select and

4 provide funding to projects that protect, restore, and

5 maintain plant and animal communities and large6 scale natural ecosystems in accordance with its cor7 porate purposes. Projects eligible for funding by the

8 Trust include those that—

9 ‘‘(A) reconstitute natural biological diver10 sity that has been diminished;

11 ‘‘(B) assist the recovery of species popu12 lations, communities, and ecosystems that are

13 unable to survive on site without intervention;

14 ‘‘(C) allow reintroduction and reoccupation

15 by native flora and fauna;

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

17 fauna that are damaging natural ecosystems;

18 ‘‘(E) restore natural habitat for the re19 cruitment and survival of fish, waterfowl, and

20 other wildlife;

21 ‘‘(F) add to structural and compositional

22 values of existing preserves or enhance the via23 bility, defensibility, and management of pre24 serves; and
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1 ‘‘(G) restore natural hydrological effects

2 including sediment and erosion control drain3 age, percolation, and other water quality im4 provement capacity.

5 ‘‘(2) Each trust shall be managed in a fiscally

6 responsible fashion by investing in private and public

7 financial vehicles approved by the Secretary with the

8 goal of producing income and preserving principal;

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

10 income from the principal will be used to accomplish

11 the goals of the trust.

12 ‘‘(3) Expenditures of all funds from each trust

13 account shall be based on an annual budget ap14 proved by the Secretary.

15 ‘‘(4) Not less than 10 percent of the interest

16 earned each year from the principal in each account

17 shall be added to the principal.

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

19 BE FUNDED BY TRUSTS.—Projects eligible for funding

20 under this section must be located within the service areas

21 of the West River Rural Water System and the Lyman22 Jones Rural Water System.

23 ‘‘(e) REPORTING REQUIREMENTS ON TRUSTS.—The

24 Secretary shall annually report on the operation and man25 agement of each Trust to the Committee on Energy and
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1 Natural Resources and the Committee on Appropriations

2 of the Senate, and the Committee on Natural Resources

3 and the Committee on Appropriations of the House of

4 Representatives.’’.

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

6 PURPOSES.

7 Section 7 is amended by inserting ‘‘the Rosebud

8 Sioux Rural Water System, the Lower Brule Rural Water

9 Supply System,’’ after ‘‘Supply System,’’.

10 SEC. 11. RULE OF CONSTRUCTION.

11 Section 8 is amended—

12 (1) by inserting ‘‘, the Rosebud Sioux Tribe,

13 and the Lower Brule Sioux Tribe’’ after ‘‘Tribe’’;

14 and

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

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

17 SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

18 Section 10 is amended to read as follows:

19 ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

23 Rural Water Supply System, the Rosebud Sioux Rural

24 Water System, the Lower Brule Sioux Rural Water Sys25 tem, the West River Rural Water Supply System, and the
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1 Lyman-Jones Rural Water System described in sections

2 3, 3A, 3B, and 4. Such funds are authorized to be appro3 priated only through the end of the year 2003. The funds

4 authorized to be appropriated by the first sentence of this

5 section, less any amounts previously obligated for the Sys6 tems, may be increased or decreased by such amounts as

7 may be justified by reason of ordinary fluctuations in de8 velopment costs incurred after October 1, 1992, as indi9 cated by engineering costs indices applicable for the type

10 of construction involved.

11 ‘‘(b) OPERATION AND MAINTENANCE OF OGLALA

12 SIOUX RURAL WATER SUPPLY SYSTEM, ROSEBUD SIOUX

13 RURAL WATER SYSTEM, AND LOWER BRULE SIOUX

14 RURAL WATER SYSTEM.—There are authorized to be ap15 propriated such sums as may be necessary for the oper16 ation and maintenance of the Oglala Sioux Rural Water

17 Supply System, Rosebud Sioux Rural Water System, and

18 Lower Brule Sioux Rural Water System. The operation

19 and maintenance expenses associated with water deliveries

20 to the West River and Lyman-Jones Rural Water Systems

21 are a non-Federal responsibility and for such deliveries the

22 Secretary shall enter into a contract with the West River

23 and Lyman-Jones Systems for the payment of an annual

24 operation and maintenance fee. Such fee shall be based on

25 the incremental operation and maintenance costs for water
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1 actually delivered each year to the West River and Lyman2 Jones Rural Water Systems. Such operation and mainte3 nance payments shall be increased or decreased by such

4 amounts as may be justified by reason of ordinary fluctua5 tions as indicated by indices applicable to comparable re6 gional rural water supply systems for the type of operation

7 and maintenance involved.

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

9 to be appropriated $26,500,000 for the establishment, op10 eration, and maintenance of the bio-diversity trusts estab11 lished under sections 6A and 6B of this Act. The Sec12 retary shall utilize $1,500,000 of the funds authorized

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

14 funds authorized by this subsection may be increased by

15 such amounts as may be justified by reason of ordinary

16 fluctuations in development costs incurred after January

17 1, 1994.

18 ‘‘(d)(c). WASTEWATER DISPOSAL SYSTEMS FEA19 SIBILITY STUDIES.—There is authorized to be appro20 priated such sums as may be necessary to complete the

21 feasibility studies authorized by section 12(c).’’.

22 SEC. 13. WATER RIGHTS.

23 Section 11(5) is amended—

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

25 claims, including’’ after ‘‘affect any’’;
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1 (2) by inserting ‘‘the Rosebud Sioux Tribe, and

2 the Lower Brule Sioux Tribe,’’ after ‘‘Tribe,’’ the

3 first place it appears;

4 (3) by striking ‘‘the Pine Ridge Indian Reserva5 tion’’ and inserting ‘‘their respective reservations’’;

6 and

7 (4) by striking ‘‘Tribe,’’ the second place it ap8 pears and inserting ‘‘Tribe, the Rosebud Sioux

9 Tribe, the Lower Brule Sioux Tribe,’’.

10 SEC. 14. FEASIBILITY STUDIES.

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

12 273, as amended by section 12(b) of the Mni Wiconi

13 Project Act of 1988, is amended by inserting ‘‘and all In14 dian tribes residing on reservations within the State of

15 South Dakota,’’ after ‘‘South Dakota,’’ the first place it

16 appears.

17 (b) WASTEWATER DISPOSAL SYSTEMS.—Section 12

18 is amended by adding at the end the following new sub19 section:

20 ‘‘(c) WASTEWATER DISPOSAL SYSTEMS.—(1) The

21 Secretary shall, in consultation with the Oglala Sioux

22 Tribe, the Rosebud Sioux Tribe, and the Lower Brule

23 Sioux Tribe, conduct feasibility studies on the need to de24 velop wastewater disposal facilities and systems, and reha25 bilitate existing wastewater disposal facilities and systems,
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1 on the Pine Ridge Indian Reservation, Rosebud Indian

2 Reservation, and Lower Brule Indian Reservation, and to

3 report to the Congress the findings of such studies with

4 the recommendations of the Secretary.

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

6 subsection shall be completed and presented to the Con7 gress not later than 1 year after the date that funds are

8 first made available by the Secretary to complete the stud9 ies.’’.

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