II

103D CONGRESS

2D SESSION S. 2066

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

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8 amended or repealed, such amendment or repeal shall be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).
2

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1 SEC. 3. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Section 2(a) is amended—

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

4 and inserting ‘‘Reservation, Rosebud Indian Res5 ervation, and Lower Brule Indian Reservation’’;

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

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

8 (3) by inserting after paragraph (2) the follow9 ing new paragraph:

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

11 Reservation and Lower Brule Indian Reservation re12 strict efforts to promote economic development on

13 those reservations;’’;

14 (4) in paragraph (5), as redesignated by para15 graph (2) of this subsection, by striking ‘‘Reserva16 tion;’’ and inserting ‘‘Reservation, Rosebud Indian

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

18 and

19 (5) in paragraph (6), as redesignated by para20 graph (2) of this subsection, by inserting ‘‘Rosebud

21 Indian Reservation, and Lower Brule Indian Res22 ervation,’’ after ‘‘Reservation,’’.

23 (b) PURPOSE.—Section 2(b) is amended by inserting

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

25 Reservation’’ after ‘‘Reservation’’ each place it appears.
3

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

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

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

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

5 specifically described in the Final Engineering Re6 port dated May 1993.’’; and

7 (2) by amending paragraph (3) to read as fol8 lows:

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

10 the West River Rural Water System, Lyman-Jones

11 Rural Water System, Rosebud Sioux Rural Water

12 System, and Lower Brule Sioux Rural Water Sys13 tem;’’.

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

15 is amended—

16 (1) by striking ‘‘West River Rural Water Sys17 tem, and’’ and inserting ‘‘West River Rural Water

18 System, the Rosebud Sioux Rural Water System, the

19 Lower Brule Sioux Rural Water System, and’’; and

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

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

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

23 inserting ‘‘or encumbered’’ after ‘‘transferred’’.
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1 SEC. 5. ROSEBUD SIOUX RURAL WATER SYSTEM AND

2 LOWER BRULE SIOUX RURAL WATER SYSTEM.

3 The Act is amended by inserting after section 3 the

4 following:

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

6 ‘‘(a) AUTHORIZATION.—The Secretary shall plan, de7 sign, construct, operate, maintain, and replace a munici8 pal, rural, and industrial water system, to be known as

9 the Rosebud Sioux Rural Water System, as generally de10 scribed in the Rosebud Sioux Tribe Municipal, Rural and

11 Industrial Water Needs Assessment, dated July 1993, and

12 the Final Engineering Report for the Mni Wiconi Rural

13 Water Supply Project dated May 1993. The Rosebud

14 Sioux Rural Water 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 Rosebud Indian Reservation;

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

21 the Lyman-Jones Rural Water System;

22 ‘‘(4) distribution and treatment facilities to

23 serve the needs of the Rosebud Indian Reservation,

24 and other areas described in the Rosebud Sioux

25 Tribe Municipal, Rural and Industrial Water Needs

26 Assessment, dated July 1993, including the pur-
5

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1 chase, improvement and repair of existing water sys2 tems (including systems owned by individual tribal

3 members and other residents of the Rosebud Indian

4 Reservation);

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 determines to be necessary

12 and appropriate to meet the water supply and the

13 economic, public health, and environmental needs of

14 the reservation, including water storage tanks, water

15 lines, and other facilities for the Rosebud Sioux

16 Tribe and reservation villages, towns, and munici17 palities.

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

19 PLAN, DESIGN, CONSTRUCT, OPERATE, AND MAINTAIN

20 THE ROSEBUD SIOUX RURAL WATER SYSTEM.—

21 ‘‘(1) In carrying out subsection (a), the Sec22 retary, with the concurrence of the Rosebud Sioux

23 Tribal Council, shall enter into cooperative agree24 ments with the appropriate non-Federal entity or en25 tities for planning, designing, constructing, operat-
6

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1 ing, maintaining, and replacing the Rosebud Sioux

2 Rural Water System.

3 ‘‘(2) Each cooperative agreement entered into

4 under this subsection shall set forth, in a manner

5 acceptable to the Secretary—

6 ‘‘(A) the responsibilities of the parties

7 for—

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

9 environmental studies;

10 ‘‘(ii) engineering and design;

11 ‘‘(iii) construction;

12 ‘‘(iv) water conservation measures;

13 and

14 ‘‘(v) administration of any contracts

15 with respect to this subparagraph;

16 ‘‘(B) the procedures and requirements for

17 approval and acceptance of design and con18 struction; and

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

21 ‘‘(3) Each cooperative agreement may include

22 provisions for the purchase, improvement, and repair

23 of existing water systems, including systems owned

24 by individual tribal members and other residents lo25 cated on the Rosebud 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

12 may transfer to the appropriate non-Federal entity,

13 on a nonreimbursable basis, the funds authorized to

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

15 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-
8

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1 tem shall be planned and constructed in 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 Sioux Water System and Lyman-Jones

11 Rural Water System may be interconnected and provided

12 with water service from common facilities. Any joint costs

13 associated 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 shall

21 provide such technical assistance as may be necessary to

22 the Rosebud Sioux Tribe to plan, develop, construct, oper23 ate, maintain, and replace the Rosebud Sioux Rural Water

24 System, including operation and management training.
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1 ‘‘(g) APPLICATION OF THE INDIAN SELF-DETER2 MINATION AND EDUCATION ASSISTANCE ACT.—Planning,

3 design, construction, and operation of the Rosebud Sioux

4 Rural Water System shall be subject to the Indian Self5 Determination and Education Assistance Act (25 U.S.C.

6 450 et seq.).

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

8 ‘‘(a) AUTHORIZATION.—The Secretary shall plan, de9 sign, construct, operate, maintain, and replace a munici10 pal, rural, and industrial water system, to be known as

11 the Lower Brule Sioux Rural Water System, as generally

12 described in the Final Engineering Report for the Mni

13 Wiconi Rural Water Supply Project, dated May 1993. The

14 Lower Brule Sioux Rural Water 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 System;

23 ‘‘(4) distribution and treatment facilities to

24 serve the needs of the Lower Brule Indian Reserva25 tion, including the purchase, improvement, and re-
10

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1 pair of existing water systems (including systems

2 owned by individual tribal members and other resi3 dents of the Lower Brule Indian Reservation);

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

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

6 ‘‘(7) electrical power transmission and distribu7 tion facilities necessary for services to water systems

8 facilities; and

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

10 facilities as the Secretary determines to be necessary

11 and appropriate to meet the water supply and eco12 nomic, public health, and environmental needs of the

13 reservation, including water storage tanks, water

14 lines, and other facilities for the Lower Brule Sioux

15 Tribe and reservation villages, towns, and munici16 palities.

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

18 PLAN, DESIGN, CONSTRUCT, OPERATE, AND MAINTAIN

19 THE LOWER BRULE SIOUX RURAL WATER SYSTEM.—

20 ‘‘(1) In carrying out subsection (a), the Sec21 retary, with the concurrence of the Lower Brule

22 Sioux Tribal Council, shall enter into cooperative

23 agreements with the appropriate non-Federal entity

24 or entities for planning, designing, constructing, op-
11

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1 erating, maintaining, and replacing the Lower Brule

2 Sioux Rural Water System.

3 ‘‘(2) Each cooperative agreement entered into

4 under this subsection shall set forth, in a manner

5 acceptable to the Secretary—

6 ‘‘(A) the responsibilities of the parties

7 for—

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

9 environmental studies;

10 ‘‘(ii) engineering and design;

11 ‘‘(iii) construction;

12 ‘‘(iv) water conservation measures;

13 and

14 ‘‘(v) administration of any contracts

15 with respect to this subparagraph;

16 ‘‘(B) the procedures and requirements for

17 approval and acceptance of design and con18 struction; and

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

21 ‘‘(3) Each cooperative agreement may include

22 provisions for the purchase, improvement, and repair

23 of existing water systems, including systems owned

24 by individual tribal members and other residents lo25 cated on the Lower Brule Indian Reservation.
12

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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 Lower Brule Sioux Tribe.

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

12 may transfer to the appropriate non-Federal entity,

13 on a nonreimbursable basis, the funds authorized to

14 be appropriated by section 10(a) for the Lower

15 Brule Sioux Rural Water System.

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

17 Brule Sioux Rural Water System shall be the boundaries

18 of the Lower Brule Indian Reservation.

19 ‘‘(d) CONSTRUCTION REQUIREMENTS.—The pump20 ing plants, pipelines, treatment facilities, and other appur21 tenant facilities for the Lower Brule Sioux Rural Water

22 System shall be planned and constructed in a size suffi23 cient to meet the municipal, rural, and industrial water

24 supply requirements of the Lower Brule Sioux Tribe and

25 the Lyman-Jones Rural Water System, as generally de-
13

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1 scribed in the Final Engineering Report of the Mni Wiconi

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

3 account the effects of the conservation plans described in

4 section 5. The Lower Brule Sioux Rural Water System

5 and Lyman-Jones Rural Water System may be inter6 connected and provided with water service from common

7 facilities. Any joint costs associated with common facilities

8 shall be allocated to the Lower Brule Sioux Rural Water

9 System.

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

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

12 Lower Brule Sioux Tribe by the United States and shall

13 not be transferred or encumbered without a subsequent

14 Act of Congress.

15 ‘‘(f) TECHNICAL ASSISTANCE.—The Secretary shall

16 provide such technical assistance as may be necessary to

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

18 operate, maintain, and replace the Lower Brule Sioux

19 Rural Water System, including operation and manage20 ment training.

21 ‘‘(g) APPLICATION OF THE INDIAN SELF-DETER22 MINATION AND EDUCATION ASSISTANCE ACT.—Planning,

23 design, construction, and operation of the Lower Brule

24 Sioux Rural Water System shall be subject to the Indian
14

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1 Self-Determination and Education Assistance Act (25

2 U.S.C. 450 et seq.).’’.

3 SEC. 6. WEST RIVER RURAL WATER SYSTEM AND LYMAN4 JONES RURAL WATER SYSTEM.

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

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

7 Final Engineering Report dated May 1993.’’.

8 (b) INTERCONNECTION OF FACILITIES AND WAIVER

9 OF CHARGES.—Section 4 is amended by redesignating

10 subsection (f) as subsection (g) and inserting after sub11 section (e) the following new subsection:

12 ‘‘(f) INTERCONNECTION OF FACILITIES AND WAIVER

13 OF CHARGES.—The Secretary may interconnect the

14 Lyman-Jones Rural Water System and the West River

15 Rural Water System with each of the other systems au16 thorized under this Act, and to provide for the delivery

17 of water to the West River Rural Water System and

18 Lyman-Jones Rural Water System, without charge or

19 cost, from the Missouri River and through common facili20 ties of the Oglala Sioux Rural Water Supply System, the

21 Rosebud Sioux Rural Water System, and the Lower Brule

22 Rural Water System.’’.

23 SEC. 7. WATER CONSERVATION.

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

25 parties (including the Oglala Sioux Tribe)’’ and inserting
15

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

2 Tribe, Rosebud Sioux Tribe, and Lower Brule Sioux

3 Tribe)’’.

4 SEC. 8. MITIGATION OF FISH AND WILDLIFE LOSES.

5 Section 6 is amended—

6 (1) in subsection (a)—

7 (A) in the heading, by inserting ‘‘, ROSE8 BUD SIOUX RURAL WATER SYSTEM, LOWER

9 BRULE SIOUX RURAL WATER SYSTEM,’’ after

10 ‘‘SUPPLY SYSTEM’’; and

11 (B) by inserting ‘‘Rosebud Sioux Rural

12 Water System, Lower Brule Sioux Rural Water

13 System,’’ after ‘‘Supply System,’’; and

14 (2) in subsection (b)—

15 (A) by inserting ‘‘, all Indian tribes resid16 ing on reservations within the State of South

17 Dakota,’’ after ‘‘South Dakota’’;

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

19 ‘‘wildlife’’;

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

21 ‘‘Such recommendations’’; and

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

23 ‘‘The Indian tribes shall be afforded an opportunity to re24 view and concur within any recommendations affecting
16

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1 their reservations before the recommendations are submit2 ted to Congress.’’.

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

4 SIOUX, AND LOWER BRULE SIOUX BIO-DIVER5 SITY TRUSTS.

6 The Act is amended by inserting after section 6 the

7 following new sections:

8 ‘‘SEC. 6A. ESTABLISHMENT OF THE OGLALA SIOUX, ROSE9 BUD SIOUX, AND LOWER BRULE SIOUX BIO10 DIVERSITY TRUSTS.

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

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

13 Lower Brule Sioux Bio-Diversity Trusts. The Federal con14 tribution shall not exceed $16,000,000 and shall be paid

15 in 5 annual installments beginning in fiscal year 1995.

16 The grants shall be expended as provided in the Final En17 gineering Report for the Mni Wiconi Rural Water Supply

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

19 Act.

20 ‘‘(b) ELIGIBILITY REQUIREMENTS FOR FEDERAL

21 CONTRIBUTIONS.—Each Trust shall be eligible to receive

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

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

24 corporation under the laws of the Tribe on whose

25 reservation it will operate;
17

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1 ‘‘(2) is incorporated to select and provide fund2 ing to projects that restore, protect, and enhance

3 wildlife and wildlife habitat;

4 ‘‘(3) is under the direction of a Board of Trust5 ees that—

6 ‘‘(A) has the power to manage all the af7 fairs of the corporation, including administra8 tion, data collection, and implementation of the

9 purposes of the Trust; and

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

11 serve on any Federal, tribal, or State legislative

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

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

14 or more than 5 persons elected to 3-year, staggered

15 terms by the eligible voters of the Tribe on whose

16 reservation the Trust will operate.

17 ‘‘(c) OPERATIONAL REQUIREMENTS OF BIO-DIVER18 SITY TRUSTS.—The Oglala Sioux, Rosebud Sioux, and

19 Lower Brule Sioux Bio-Diversity Trusts shall be deemed

20 to be operating in accordance with this section if the fol21 lowing conditions are met:

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

23 provide funding to projects that protect, restore, and

24 maintain plant and animal communities and large25 scale natural ecosystems in accordance with its cor-
18

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1 porate purposes. Projects eligible for funding include

2 projects that—

3 ‘‘(A) reconstitute natural biological diver4 sity that has been diminished;

5 ‘‘(B) assist the recovery of species popu6 lations, communities, and ecosystems that are

7 unable to survive on-site without intervention;

8 ‘‘(C) allow reintroduction and reoccupation

9 of ecosystems by native flora and fauna;

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

11 fauna that are damaging natural ecosystems;

12 ‘‘(E) restore natural habitat for the re13 cruitment and survival of fish, waterfowl, and

14 other wildlife;

15 ‘‘(F) provide additional conservation values

16 to Indian trust lands;

17 ‘‘(G) add to structural and compositional

18 values of existing preserves or enhance the via19 bility, defensibility, and management of pre20 serves; and

21 ‘‘(H) restore natural hydrological effects

22 including sediment and erosion control, drain23 age, percolation, and other water quality im24 provement capacity.
19

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

2 responsible fashion by investing in private and public

3 financial vehicles approved by the Secretary with the

4 goal of producing income and preserving principal.

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

6 institutions other than those used by the Oglala

7 Sioux Tribe, Rosebud Sioux Tribe, and Lower Brule

8 Sioux Tribe for their general funds where—

9 ‘‘(A) the principal will be inviolate, but in10 come from the principal will be used to accom11 plish the goals of the trust; and

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

13 trust account are based on an annual budget

14 approved 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 TRUST.—Projects eligible for funding

20 under this section must be located within the service areas

21 of the Oglala Sioux Rural Water Supply System, the Rose22 bud Sioux Rural Water System, or the Lower Brule Sioux

23 Rural Water System.

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

25 Secretary shall annually report on the operation and man-
20

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1 agement of each Trust to the Committee Appropriations,

2 the Committee on Energy and Natural Resources, and the

3 Committee on Indian Affairs of the Senate, and the Com4 mittee on Appropriations and the Committee on Natural

5 Resources of the House of Representatives.

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

7 LYMAN-JONES BIO-DIVERSITY TRUSTS.

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

9 Federal contribution in the form of a Federal grant to

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

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

12 shall be paid in 5 annual installments beginning in fiscal

13 year 1995.

14 ‘‘(b) ELIGIBILITY REQUIREMENTS FOR FEDERAL

15 CONTRIBUTIONS.—The West River and Lyman-Jones

16 Bio-Diversity Trusts shall be eligible to receive Federal

17 contributions pursuant to subsection (a) if they comply

18 with the following requirements:

19 ‘‘(1) Each Trust shall be established and oper20 ated as a nonprofit corporation under the laws of

21 the State of South Dakota.

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

23 be to select and provide funding to projects that re24 store, protect, and enhance wildlife and wildlife habi-
21

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1 tat within the West River and Lyman-Jones service

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

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

4 a Board of Trustees having the power to manage all

5 the affairs of the corporation, including administra6 tion, data collection, and implementation of the pur7 poses of the Trust.

8 ‘‘(4) The Board of each Trust shall be com9 prised of not fewer than 3 nor more than 10 persons

10 appointed by the West River Rural Water System

11 and Lyman-Jones Rural Water System recognized in

12 section 4 of this Act.

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

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

15 shall be deemed to be operating in accordance with this

16 section if the following conditions are met:

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

18 provide funding to projects that protect, restore, and

19 maintain plant and animal communities and large20 scale natural ecosystems in accordance with its cor21 porate purposes. Projects eligible for funding by the

22 Trust include those that—

23 ‘‘(A) reconstitute natural biological diver24 sity that has been diminished;
22

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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 that are damaging natural ecosystems;

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

10 other wildlife;

11 ‘‘(F) add to structural and compositional

12 values of existing preserves or enhance the via13 bility, defensibility, and management of pre14 serves; and

15 ‘‘(G) restore natural hydrological effects

16 including sediment and erosion control drain17 age, percolation, and other water quality im18 provement capacity.

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

20 responsible fashion by investing in private and public

21 financial vehicles approved by the Secretary with the

22 goal of producing income and preserving principal;

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

24 income from the principal will be used to accomplish

25 the goals of the trust.
23

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

2 account shall be based on an annual budget ap3 proved by the Secretary.

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

5 earned each year from the principal in each account

6 shall be added to the principal.

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

8 BE FUNDED BY TRUSTS.—Projects eligible for funding

9 under this section must be located within the service areas

10 of the West River Rural Water System and the Lyman11 Jones Rural Water System.

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

13 Secretary shall annually report on the operation and man14 agement of each Trust to the Committee on Energy and

15 Natural Resources and the Committee on Appropriations

16 of the Senate, and the Committee on Natural Resources

17 and the Committee on Appropriations of the House of

18 Representatives.’’.

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

20 PURPOSES.

21 Section 7 is amended by inserting ‘‘the Rosebud

22 Sioux Rural Water System, the Lower Brule Rural Water

23 Supply System,’’ after ‘‘Supply System,’’.

24 SEC. 11. RULE OF CONSTRUCTION.

25 Section 8 is amended—
24

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

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

3 and

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

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

6 SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

7 Section 10 is amended to read as follows:

8 ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

12 Rural Water Supply System, the Rosebud Sioux Rural

13 Water System, the Lower Brule Sioux Rural Water Sys14 tem, the West River Rural Water Supply System, and the

15 Lyman-Jones Rural Water System described in sections

16 3, 3A, 3B, and 4. Such funds are authorized to be appro17 priated only through the end of the year 2003. The funds

18 authorized to be appropriated by the first sentence of this

19 section, less any amounts previously obligated for the Sys20 tems, may be increased or decreased by such amounts as

21 may be justified by reason of ordinary fluctuations in de22 velopment costs incurred after October 1, 1992, as indi23 cated by engineering costs indices applicable for the type

24 of construction involved.
25

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1 ‘‘(b) OPERATION AND MAINTENANCE OF OGLALA

2 SIOUX RURAL WATER SUPPLY SYSTEM, ROSEBUD SIOUX

3 RURAL WATER SYSTEM, AND LOWER BRULE SIOUX

4 RURAL WATER SYSTEM.—There are authorized to be ap5 propriated such sums as may be necessary for the oper6 ation and maintenance of the Oglala Sioux Rural Water

7 Supply System, Rosebud Sioux Rural Water System, and

8 Lower Brule Sioux Rural Water System.

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

10 to be appropriated $26,500,000 for the establishment, op11 eration, and maintenance of the bio-diversity trusts estab12 lished under sections 6A and 6B of this Act. The Sec13 retary shall utilize $1,500,000 of the funds authorized

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

15 funds authorized by this subsection may be increased by

16 such amounts as may be justified by reason of ordinary

17 fluctuations in development costs incurred after January

18 1, 1994.

19 ‘‘(d) WASTEWATER DISPOSAL SYSTEMS FEASIBILITY

20 STUDIES.—There is authorized to be appropriated such

21 sums as may be necessary to complete the feasibility stud22 ies authorized by section 12(c).’’.

23 SEC. 13. WATER RIGHTS.

24 Section 11(5) is amended—
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1 (1) by inserting ‘‘rights, benefits, privileges or

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

3 (2) by inserting ‘‘the Rosebud Sioux Tribe, and

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

5 first place it appears;

6 (3) by striking ‘‘the Pine Ridge Indian Reserva7 tion’’ and inserting ‘‘their respective reservations’’;

8 and

9 (4) by striking ‘‘Tribe,’’ the second place it ap10 pears and inserting ‘‘Tribe, the Rosebud Sioux

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

12 SEC. 14. FEASIBILITY STUDIES.

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

14 273, as amended by section 12(b) of the Mni Wiconi

15 Project Act of 1988, is amended by inserting ‘‘and all In16 dian tribes residing on reservations within the State of

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

18 appears.

19 (b) WASTEWATER DISPOSAL SYSTEMS.—Section 12

20 is amended by adding at the end the following new sub21 section:

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

23 Secretary shall, in consultation with the Oglala Sioux

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

25 Sioux Tribe, conduct feasibility studies on the need to de-
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1 velop wastewater disposal facilities and systems, and reha2 bilitate existing wastewater disposal facilities and systems,

3 on the Pine Ridge Indian Reservation, Rosebud Indian

4 Reservation, and Lower Brule Indian Reservation, and to

5 report to the Congress the findings of such studies with

6 the recommendations of the Secretary.

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

8 subsection shall be completed and presented to the Con9 gress not later than 1 year after the date that funds are

10 first made available by the Secretary to complete the stud11 ies.’’.

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