II 

112TH CONGRESS 

2D SESSION S. 3464 

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 

JULY 31, 2012 

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

twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the Mni Wiconi Project Act of 1988 to facilitate 

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

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

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

5 Act Amendments of 2012’’. 

6 SEC. 2. CLARIFICATION. 

7 Section 2(b)(1) of the Mni Wiconi Project Act of 

8 1988 (Public Law 100–516; 102 Stat. 2566; 108 Stat. 

9 4539) is amended by striking ‘‘in South Dakota’’. 


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1 SEC. 3. OGLALA SIOUX RURAL WATER SUPPLY SYSTEM. 

2 (a) SERVICE AREA.—Section 3(c) of the Mni Wiconi 

3 Project Act of 1988 (Public Law 100–516; 102 Stat. 

4 2568) is amended by inserting ‘‘, including the tract of 

5 land in the State of Nebraska set aside as part of the 

6 Pine Ridge Indian Reservation by the Executive order 

7 dated February 20, 1904’’ before the period at the end. 

8 (b) OTHER AGENCY ASSISTANCE.—Section 3 of the 

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

10 102 Stat. 2568; 106 Stat. 4661; 108 Stat. 4539) is 

11 amended by adding at the end the following: 

12 ‘‘(i) PLAN FOR COMPLETING THE OGLALA SIOUX

13 RURAL WATER SUPPLY SYSTEM.— 

14 ‘‘(1) IN GENERAL.—In carrying out paragraphs 

15 (4) and (8) of subsection (a) and subsection (b)(3), 

16 the Secretary shall develop, in consultation with the 

17 Oglala Sioux Tribe and the Federal agencies listed 

18 in subsection (j), a plan for completing the Oglala 

19 Sioux Rural Water Supply System, including the im20 provement, repair, and replacement of existing water 

21 systems on the Pine Ridge Indian Reservation and 

22 the transfer of those systems to the United States 

23 to be held in trust for the Oglala Sioux Tribe and 

24 made part of the Oglala Sioux Rural Water Supply 

25 System. 


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1 ‘‘(2) CONTENTS.—Not later than 2 years after 

2 the date of enactment of this subsection, the Sec3 retary shall submit to the Committee on Energy and 

4 Natural Resources of the Senate and the Committee 

5 on Natural Resources of the House of Representa6 tives the plan described in paragraph (1), which 

7 shall include— 

8 ‘‘(A) a schedule for full implementation of 

9 the plan; 

10 ‘‘(B) a report that includes— 

11 ‘‘(i) a description of the roles and re12 sponsibilities of the Federal agencies re13 ferred to in subsection (j) (including the 

14 Bureau of Reclamation) for completing the 

15 improvement, repair, and replacement of 

16 the existing water systems; 

17 ‘‘(ii) the program authorities of each 

18 Federal agency and a description of how 

19 those agencies will work together to com20 plete and implement the plan; and 

21 ‘‘(iii) the funding requirements and 

22 other needs necessary to complete and im23 plement the plan; and 

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

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1 cies that have existing authorities to provide as2 sistance to the Oglala Sioux Tribe. 

3 ‘‘(j) INTERAGENCY AGREEMENTS.— 

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

5 provision of law, after the date on which the Sec6 retary submits the plan under subsection (i) to Con7 gress, the Secretary shall enter into agreements with 

8 the agency heads described in paragraph (4) to ful9 fill the trust responsibility of the United States and 

10 complete the Oglala Sioux Rural Water Supply Sys11 tem in accordance with the Final Engineering Re12 port dated May 1993, including the transfer of exist13 ing systems. 

14 ‘‘(2) LEAD AGENCY.—The Department of the 

15 Interior, acting through the Bureau of Reclamation, 

16 shall act as the lead agency in carrying out this sec17 tion. 

18 ‘‘(3) ADMINISTRATION.— 

19 ‘‘(A) IN GENERAL.—Each agency head de20 scribed in paragraph (4) shall carry out the du21 ties of the agency head under this subsection 

22 out of amounts made available to the agency 

23 head under annual appropriations and existing 

24 programmatic authority. 


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1 ‘‘(B) ADDITIONAL FUNDING REQUESTS.— 

2 Nothing in this subsection prohibits the Oglala 

3 Sioux Tribe from applying for, seeking, or ob4 taining amounts from the agency heads de5 scribed in paragraph (4) for any other purpose. 

6 ‘‘(4) AGENCY RESPONSIBILITIES.—The agency 

7 heads referred to in this subsection are— 

8 ‘‘(A) the Administrator of the Environ9 mental Protection Agency, who shall assist the 

10 Secretary in— 

11 ‘‘(i) meeting the environmental and 

12 safe drinking water needs of the Pine 

13 Ridge Indian Reservation, including com14 plying with the Safe Drinking Water Act 

15 (42 U.S.C. 300f et seq.); and 

16 ‘‘(ii) completing the Oglala Sioux 

17 Rural Water Supply System, including 

18 by— 

19 ‘‘(I) improving and repairing ex20 isting water systems as set forth in 

21 the plan under subsection (i); and 

22 ‘‘(II) constructing new rural 

23 water facilities, service lines, and 

24 other necessary features; 


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1 ‘‘(B) the Secretary of Agriculture, who, 

2 through the rural development program and 

3 other applicable programs of the Department, 

4 shall assist the Secretary in completing the Og5 lala Sioux Rural Water Supply System, includ6 ing by— 

7 ‘‘(i) improving and repairing existing 

8 water systems as set forth in the plan 

9 under subsection (i); and 

10 ‘‘(ii) constructing new rural water fa11 cilities, service lines, and other necessary 

12 features; 

13 ‘‘(C) the Secretary of Health and Human 

14 Services, who, acting through the Director of 

15 the Indian Health Service, shall assist the Sec16 retary in meeting the water supply and public 

17 health needs of the Pine Ridge Indian Reserva18 tion under subsection (a)(8), including by— 

19 ‘‘(i) improving and repairing existing 

20 water systems as set forth in the plan 

21 under subsection (i); 

22 ‘‘(ii) constructing new rural water fa23 cilities, service lines, and other necessary 

24 features; and 


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1 ‘‘(iii) complying with the Act of Au2 gust 5, 1954 (commonly known as the ‘In3 dian Sanitation Facilities Act’) (68 Stat. 

4 674); and 

5 ‘‘(D) the Secretary of Housing and Urban 

6 Development, who shall assist the Secretary in 

7 completing the Oglala Sioux Rural Water Sup8 ply System pursuant to subsection (a)(8), in9 cluding by— 

10 ‘‘(i) improving and repairing existing 

11 water systems as set forth in the plan 

12 under subsection (i); and 

13 ‘‘(ii) completing the plumbing, water 

14 pipes, appurtenances, and interconnections 

15 of houses to the Oglala Sioux Rural Water 

16 Supply System to meet the water conserva17 tion standards of the system. 

18 ‘‘(k) UPGRADING STANDARDS FOR CONNECTING

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

20 shall, through the use of existing programs and annual 

21 appropriations, assist the Secretary in completing the Og22 lala Sioux Rural Water Supply System by constructing, 

23 repairing, and upgrading plumbing fixtures, skirting, and 

24 other necessary features, such as septic tanks and 

25 drainfields, to ensure that houses within the service area 


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1 are able to meet the standards for connecting to the Oglala 

2 Sioux Rural Water Supply System. 

3 ‘‘(l) LIVESTOCK DISTRIBUTION SYSTEM.— 

4 ‘‘(1) IN GENERAL.—The Secretary and the Sec5 retary of Agriculture shall, through the use of the 

6 water resources development authorities of the Bu7 reau of Indian Affairs and the environmental quality 

8 incentives program established under chapter 4 of 

9 subtitle D of title XII of the Food Security Act of 

10 1985 (16 U.S.C. 3839aa et seq.), respectively, com11 plete, during a period not to exceed 15 years, the 

12 livestock distribution system for the Oglala Sioux 

13 Rural Water Supply System consistent with the 

14 Final Engineering Report dated May 1993. 

15 ‘‘(2) REQUIREMENTS.—In carrying out this 

16 subsection— 

17 ‘‘(A) the Department of the Interior shall 

18 serve as the lead agency; 

19 ‘‘(B) the Secretary and the Secretary of 

20 Agriculture shall enter into an interagency 

21 agreement that sets forth the specific respon22 sibilities of each agency concerning the con23 struction of the livestock distribution system; 

24 and 


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1 ‘‘(C) the Natural Resources Conservation 

2 Service and the Bureau of Indian Affairs shall 

3 carry out the respective duties of the agencies 

4 under this subsection out of amounts made 

5 available to the respective agencies under an6 nual appropriations and existing programmatic 

7 authority.’’. 

8 SEC. 4. ROSEBUD SIOUX RURAL WATER SYSTEM. 

9 Section 3A of the Mni Wiconi Project Act of 1988 

10 (Public Law 100–516; 108 Stat. 4540) is amended by 

11 adding at the end the following: 

12 ‘‘(h) PLAN FOR COMPLETING THE ROSEBUD SIOUX

13 RURAL WATER SUPPLY SYSTEM.— 

14 ‘‘(1) IN GENERAL.—In carrying out paragraphs 

15 (4) and (8) of subsection (a) and subsection (b)(3), 

16 the Secretary shall develop, in consultation with the 

17 Rosebud Sioux Tribe and the Federal agencies listed 

18 in subsection (i), a plan for completing the Rosebud 

19 Sioux Rural Water Supply System, including the im20 provement, repair, and replacement of existing water 

21 systems on the Rosebud Indian Reservation and the 

22 transfer of those systems to the United States to be 

23 held in trust for the Rosebud Sioux Tribe and made 

24 part of the Rosebud Sioux Rural Water Supply Sys25 tem. 


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1 ‘‘(2) CONTENTS.—Not later than 2 years after 

2 the date of enactment of this subsection, the Sec3 retary shall submit to the Committee on Energy and 

4 Natural Resources of the Senate and the Committee 

5 on Natural Resources of the House of Representa6 tives the plan described in paragraph (1), which 

7 shall include— 

8 ‘‘(A) a schedule for full implementation of 

9 the plan; 

10 ‘‘(B) a report that includes— 

11 ‘‘(i) a description of the roles and re12 sponsibilities of the Federal agencies re13 ferred to in subsection (i) (including the 

14 Bureau of Reclamation) for completing the 

15 improvement, repair, and replacement of 

16 the existing water systems; 

17 ‘‘(ii) the program authorities of each 

18 Federal agency and a description of how 

19 those agencies will work together to com20 plete and implement the plan; and 

21 ‘‘(iii) the funding requirements and 

22 other needs necessary to complete and im23 plement the plan; and 

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

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1 cies that have existing authorities to provide as2 sistance to the Rosebud Sioux Tribe. 

3 ‘‘(i) INTERAGENCY AGREEMENTS.— 

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

5 provision of law, after the date on which the Sec6 retary submits the plan under subsection (h) to Con7 gress, the Secretary shall enter into agreements with 

8 the agency heads described in paragraph (4) to ful9 fill the trust responsibility of the United States and 

10 complete the Rosebud Sioux Rural Water Supply 

11 System in accordance with the Final Engineering 

12 Report dated May 1993, including the transfer of 

13 existing systems. 

14 ‘‘(2) LEAD AGENCY.—The Department of the 

15 Interior, acting through the Bureau of Reclamation, 

16 shall act as the lead agency in carrying out this sec17 tion. 

18 ‘‘(3) ADMINISTRATION.— 

19 ‘‘(A) IN GENERAL.—Each agency head de20 scribed in paragraph (4) shall carry out the du21 ties of the agency head under this subsection 

22 out of amounts made available to the agency 

23 head under annual appropriations and existing 

24 programmatic authority. 


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1 ‘‘(B) ADDITIONAL FUNDING REQUESTS.— 

2 Nothing in this subsection prohibits the Rose3 bud Sioux Tribe from applying for, seeking, or 

4 obtaining amounts from the agency heads de5 scribed in paragraph (4) for any other purpose. 

6 ‘‘(4) AGENCY RESPONSIBILITIES.—The agency 

7 heads referred to in this subsection are— 

8 ‘‘(A) the Administrator of the Environ9 mental Protection Agency, who shall assist the 

10 Secretary in— 

11 ‘‘(i) meeting the environmental and 

12 safe drinking water needs of the Rosebud 

13 Indian Reservation, including complying 

14 with the Safe Drinking Water Act (42 

15 U.S.C. 300f et seq.); and 

16 ‘‘(ii) completing the Rosebud Sioux 

17 Rural Water Supply System, including 

18 by— 

19 ‘‘(I) improving and repairing ex20 isting water systems as set forth in 

21 the plan under subsection (h); and 

22 ‘‘(II) constructing new rural 

23 water facilities, service lines, and 

24 other necessary features; 


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1 ‘‘(B) the Secretary of Agriculture, who, 

2 through the rural development program and 

3 other applicable programs of the Department, 

4 shall assist the Secretary in completing the 

5 Rosebud Sioux Rural Water Supply System, in6 cluding by— 

7 ‘‘(i) improving and repairing existing 

8 water systems as set forth in the plan 

9 under subsection (h); and 

10 ‘‘(ii) constructing new rural water fa11 cilities, service lines, and other necessary 

12 features; 

13 ‘‘(C) the Secretary of Health and Human 

14 Services, who, acting through the Director of 

15 the Indian Health Service, shall assist the Sec16 retary in meeting the water supply and public 

17 health needs of the Rosebud Indian Reservation 

18 under subsection (a)(8), including by— 

19 ‘‘(i) improving and repairing existing 

20 water systems as set forth in the plan 

21 under subsection (h); 

22 ‘‘(ii) constructing new rural water fa23 cilities, service lines, and other necessary 

24 features; and 


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1 ‘‘(iii) complying with the Act of Au2 gust 5, 1954 (commonly known as the ‘In3 dian Sanitation Facilities Act’) (68 Stat. 

4 674); and 

5 ‘‘(D) the Secretary of Housing and Urban 

6 Development, who shall assist the Secretary in 

7 completing the Rosebud Sioux Rural Water 

8 Supply System pursuant to subsection (a)(8), 

9 including by— 

10 ‘‘(i) improving and repairing existing 

11 water systems as set forth in the plan 

12 under subsection (h); and 

13 ‘‘(ii) completing the plumbing, water 

14 pipes, appurtenances, and interconnections 

15 of houses to the Rosebud Sioux Rural 

16 Water Supply System to meet the water 

17 conservation standards of the system. 

18 ‘‘(j) UPGRADING STANDARDS FOR CONNECTING

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

20 shall, through the use of existing programs and annual 

21 appropriations, assist the Secretary in completing the 

22 Rosebud Sioux Rural Water Supply System by con23 structing, repairing, and upgrading plumbing fixtures, 

24 skirting, and other necessary features, such as septic 

25 tanks and drainfields, to ensure that houses within the 


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1 service area are able to meet the standards for connecting 

2 to the Rosebud Sioux Rural Water Supply System. 

3 ‘‘(k) LIVESTOCK DISTRIBUTION SYSTEM.— 

4 ‘‘(1) IN GENERAL.—The Secretary and the Sec5 retary of Agriculture shall, through the use of the 

6 water resources development authorities of the Bu7 reau of Indian Affairs and the environmental quality 

8 incentives program established under chapter 4 of 

9 subtitle D of title XII of the Food Security Act of 

10 1985 (16 U.S.C. 3839aa et seq.), respectively, com11 plete, during a period not to exceed 15 years, the 

12 livestock distribution system for the Rosebud Sioux 

13 Rural Water Supply System consistent with the 

14 Final Engineering Report dated May 1993. 

15 ‘‘(2) REQUIREMENTS.—In carrying out this 

16 subsection— 

17 ‘‘(A) the Department of the Interior shall 

18 serve as the lead agency; 

19 ‘‘(B) the Secretary and the Secretary of 

20 Agriculture shall enter into an interagency 

21 agreement that sets forth the specific respon22 sibilities of each agency concerning the con23 struction of the livestock distribution system; 

24 and 


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1 ‘‘(C) the Natural Resources Conservation 

2 Service and the Bureau of Indian Affairs shall 

3 carry out the respective duties of the agencies 

4 under this subsection out of amounts made 

5 available to the respective agencies under an6 nual appropriations and existing programmatic 

7 authority.’’. 

8 SEC. 5. LOWER BRULE SIOUX RURAL WATER SYSTEM. 

9 Section 3B of the Mni Wiconi Project Act of 1988 

10 (Public Law 100–516; 108 Stat. 4542) is amended by 

11 adding at the end the following: 

12 ‘‘(h) PLAN FOR COMPLETING THE LOWER BRULE

13 SIOUX RURAL WATER SUPPLY SYSTEM.— 

14 ‘‘(1) IN GENERAL.—In carrying out paragraphs 

15 (4) and (8) of subsection (a) and subsection (b)(3), 

16 the Secretary shall develop, in consultation with the 

17 Lower Brule Sioux Tribe and the Federal agencies 

18 listed in subsection (i), a plan for completing the 

19 Lower Brule Sioux Rural Water Supply System, in20 cluding the improvement, repair, and replacement of 

21 existing water systems on the Lower Brule Indian 

22 Reservation and the transfer of those systems to the 

23 United States to be held in trust for the Lower 

24 Brule Sioux Tribe and made part of the Lower 

25 Brule Sioux Rural Water Supply System. 


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1 ‘‘(2) CONTENTS.—Not later than 2 years after 

2 the date of enactment of this subsection, the Sec3 retary shall submit to the Committee on Energy and 

4 Natural Resources of the Senate and the Committee 

5 on Natural Resources of the House of Representa6 tives the plan described in paragraph (1), which 

7 shall include— 

8 ‘‘(A) a schedule for full implementation of 

9 the plan; 

10 ‘‘(B) a report that includes— 

11 ‘‘(i) a description of the roles and re12 sponsibilities of the Federal agencies re13 ferred to in subsection (i) (including the 

14 Bureau of Reclamation) for completing the 

15 improvement, repair, and replacement of 

16 the existing water systems; 

17 ‘‘(ii) the program authorities of each 

18 Federal agency and a description of how 

19 those agencies will work together to com20 plete and implement the plan; and 

21 ‘‘(iii) the funding requirements and 

22 other needs necessary to complete and im23 plement the plan; and 

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

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1 cies that have existing authorities to provide as2 sistance to the Lower Brule Sioux Tribe. 

3 ‘‘(i) INTERAGENCY AGREEMENTS.— 

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

5 provision of law, after the date on which the Sec6 retary submits the plan under subsection (h) to Con7 gress, the Secretary shall enter into agreements with 

8 the agency heads described in paragraph (4) to ful9 fill the trust responsibility of the United States and 

10 complete the Lower Brule Sioux Rural Water Supply 

11 System in accordance with the Final Engineering 

12 Report dated May 1993, including the transfer of 

13 existing systems. 

14 ‘‘(2) LEAD AGENCY.—The Department of the 

15 Interior, acting through the Bureau of Reclamation, 

16 shall act as the lead agency in carrying out this sec17 tion. 

18 ‘‘(3) ADMINISTRATION.— 

19 ‘‘(A) IN GENERAL.—Each agency head de20 scribed in paragraph (4) shall carry out the du21 ties of the agency head under this subsection 

22 out of amounts made available to the agency 

23 head under annual appropriations and existing 

24 programmatic authority. 


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1 ‘‘(B) ADDITIONAL FUNDING REQUESTS.— 

2 Nothing in this subsection prohibits the Lower 

3 Brule Sioux Tribe from applying for, seeking, 

4 or obtaining amounts from the agency heads 

5 described in paragraph (4) for any other pur6 pose. 

7 ‘‘(4) AGENCY RESPONSIBILITIES.—The agency 

8 heads referred to in this subsection are— 

9 ‘‘(A) the Administrator of the Environ10 mental Protection Agency, who shall assist the 

11 Secretary in— 

12 ‘‘(i) meeting the environmental and 

13 safe drinking water needs of the Lower 

14 Brule Indian Reservation, including com15 plying with the Safe Drinking Water Act 

16 (42 U.S.C. 300f et seq.); and 

17 ‘‘(ii) completing the Lower Brule 

18 Sioux Rural Water Supply System, includ19 ing by— 

20 ‘‘(I) improving and repairing ex21 isting water systems as set forth in 

22 the plan under subsection (h); and 

23 ‘‘(II) constructing new rural 

24 water facilities, service lines, and 

25 other necessary features; 


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1 ‘‘(B) the Secretary of Agriculture, who, 

2 through the rural development program and 

3 other applicable programs of the Department, 

4 assist the Secretary in completing the Lower 

5 Brule Sioux Rural Water Supply System, in6 cluding by— 

7 ‘‘(i) improving and repairing existing 

8 water systems as set forth in the plan 

9 under subsection (h); and 

10 ‘‘(ii) constructing new rural water fa11 cilities, service lines, and other necessary 

12 features; 

13 ‘‘(C) the Secretary of Health and Human 

14 Services, who, acting through the Director of 

15 the Indian Health Service, shall assist the Sec16 retary in meeting the water supply and public 

17 health needs of the Lower Brule Indian Res18 ervation under subsection (a)(8), including by— 

19 ‘‘(i) improving and repairing existing 

20 water systems as set forth in the plan 

21 under subsection (h); 

22 ‘‘(ii) constructing new rural water fa23 cilities, service lines, and other necessary 

24 features; and 


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1 ‘‘(iii) complying with the Act of Au2 gust 5, 1954 (commonly known as the ‘In3 dian Sanitation Facilities Act’) (68 Stat. 

4 674); and 

5 ‘‘(D) the Secretary of Housing and Urban 

6 Development, who shall assist the Secretary in 

7 completing the Lower Brule Sioux Rural Water 

8 Supply System pursuant to subsection (a)(8), 

9 including by— 

10 ‘‘(i) improving and repairing existing 

11 water systems as set forth in the plan 

12 under subsection (h); and 

13 ‘‘(ii) completing the plumbing, water 

14 pipes, appurtenances, and interconnections 

15 of houses to the Lower Brule Sioux Rural 

16 Water Supply System to meet the water 

17 conservation standards of the system. 

18 ‘‘(j) UPGRADING STANDARDS FOR CONNECTING

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

20 shall, through the use of existing programs and annual 

21 appropriations, assist the Secretary in completing the 

22 Lower Brule Sioux Rural Water Supply System by con23 structing, repairing, and upgrading plumbing fixtures, 

24 skirting, and other necessary features, such as septic 

25 tanks and drainfields, to ensure that houses within the 


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1 service area are able to meet the standards for connecting 

2 to the Lower Brule Sioux Rural Water Supply System.’’. 

3 SEC. 6. MITIGATION OF FISH AND WILDLIFE LOSSES. 

4 Section 6 of the Mni Wiconi Project Act of 1988 

5 (Public Law 100–516; 102 Stat. 2570; 108 Stat. 4544) 

6 is amended by striking subsection (b) and inserting the 

7 following: 

8 ‘‘(b) OAHE, BIG BEND, AND FORT RANDALL DAMS

9 AND RESERVOIRS.— 

10 ‘‘(1) IN GENERAL.—The Secretary, in coopera11 tion with the State of South Dakota, all Indian 

12 tribes residing on reservations within the State of 

13 South Dakota, and other Federal agencies, shall de14 velop and submit to Congress not later than Janu15 ary 2014, recommendations for financing and imple16 menting mitigation plans for— 

17 ‘‘(A) fish and wildlife and terrestrial losses, 

18 including the loss of Native American cultural 

19 resources, human remains, ceremonial plants 

20 and herbs, gathering rights, access to sacred 

21 sites, and other usufructuary rights, resulting 

22 from the construction and operation of the 

23 Oahe Dam and Reservoir, Big Bend Dam and 

24 Reservoir, and Fort Randall Dam and Res25 ervoir; and 


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1 ‘‘(B) fish and wildlife and terrestrial losses 

2 and any impacts to groundwater resulting from 

3 the construction and operation of the dams and 

4 reservoirs on the Missouri River tributaries 

5 within the State of South Dakota. 

6 ‘‘(2) ADMINISTRATION.—In carrying out this 

7 section— 

8 ‘‘(A) the Secretary shall— 

9 ‘‘(i) issue regulations that set forth 

10 procedures for meaningful consultation 

11 with the Indian tribes concerning the pres12 ervation and protection of Native American 

13 cultural resources, human remains, cere14 monial plants and herbs, gathering rights, 

15 and access to sacred sites; and 

16 ‘‘(ii) provide the Indian tribes with 

17 the opportunity to participate and concur 

18 in the development of the recommendations 

19 described in paragraph (1) before the Sec20 retary submits the recommendations to 

21 Congress; and 

22 ‘‘(B) the Chief of Engineers, the Director 

23 of the National Park Service, and the Director 

24 of the United States Fish and Wildlife Service 

25 shall, at the request of the Secretary, provide 


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1 any assistance the Secretary requires in pre2 paring and completing the recommendations de3 scribed in paragraph (1).’’. 

4 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) PLANNING, DESIGN, AND CONSTRUCTION.—Sec6 tion 10(a) of the Mni Wiconi Project Act of 1988 (Public 

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

8 3033; 121 Stat. 1954) is amended— 

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

10 $58,800,000 (based on October 1, 1997, price lev11 els)’’ and inserting ‘‘, $58,800,000 (based on Octo12 ber 1, 1997, price levels), and $14,308,000 (based 

13 on October 1, 2011, price levels)’’; 

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

15 and inserting ‘‘2015’’; and 

16 (3) in the third sentence, by striking ‘‘and Oc17 tober 1, 1997 (with respect to the $58,800,000)’’ 

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

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

20 to the $14,308,000)’’. 

21 (b) OPERATION AND MAINTENANCE OF OGLALA

22 SIOUX RURAL WATER SUPPLY SYSTEM, ROSEBUD SIOUX

23 RURAL WATER SUPPLY SYSTEM AND LOWER BRULE

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


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

2 102 Stat. 2571; 108 Stat. 4545) is amended— 

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

4 are’’ and all that follows through the end of the sen5 tence and inserting the following: 

6 ‘‘(1) OPERATION AND MAINTENANCE.— 

7 ‘‘(A) IN GENERAL.—There are authorized 

8 to be appropriated such sums as are necessary 

9 for the operation and maintenance of the Oglala 

10 Sioux Rural Water Supply System, Rosebud 

11 Sioux Rural Water Supply System, and Lower 

12 Brule Sioux Rural Water Supply System and 

13 for reimbursement to the city of White River, 

14 South Dakota for operation and maintenance 

15 costs for the provision of water to service con16 nections in that city that are located on trust 

17 land of the Rosebud Sioux Tribe or members of 

18 the Rosebud Sioux Tribe.’’; 

19 (2) in the second sentence, by striking ‘‘The op20 eration’’ and inserting the following: 

21 ‘‘(B) WEST RIVER AND LYMAN-JONES

22 RURAL WATER SYSTEMS.— 

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

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

25 fee’’ and inserting the following: 


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

2 in clause (i)’’; 

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

4 operation and maintenance payments’’ and inserting 

5 the following: 

6 ‘‘(iii) ADJUSTMENT OF PAYMENTS.— 

7 The operation and maintenance payments 

8 under this subparagraph’’; and 

9 (5) by adding after paragraph (1) (as so des10 ignated) the following: 

11 ‘‘(2) COMMUNITY UPGRADES.— 

12 ‘‘(A) IN GENERAL.—Public or tribal water 

13 systems that are in existence on the date of en14 actment of this paragraph shall be transferred 

15 to the respective rural water supply system at 

16 the request of the applicable Indian tribe and 

17 the owner of the water system. 

18 ‘‘(B) OPERATION AND MAINTENANCE.— 

19 The operation and maintenance amounts au20 thorized for the water systems described in sub21 paragraph (A) shall be supplemented and used 

22 for the improvement, repair, and replacement of 

23 those systems, as determined by the Secretary 

24 pursuant to sections 3(i)(2)(B)(iii), 

25 3A(h)(2)(B)(iii), and 3B(h)(2)(B)(iii), after the 


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1 date on which those systems are interconnected 

2 and transferred to the respective rural water 

3 supply system pursuant to sections 3(a)(4), 

4 3A(a)(4), and 3B(a)(4). 

5 ‘‘(C) INITIAL IMPROVEMENTS AND RE6 PAIRS.—Initial improvement and repairs of the 

7 transferred systems described in subparagraph 

8 (A) shall be completed in accordance with the 

9 plans under sections 3(i), 3A(h) and 3B(h).’’. 

10 SEC. 8. WASTE WATER DISPOSAL SYSTEMS. 

11 Section 12(c) of the Mni Wiconi Project Act of 1988 

12 (Public Law 100–516; 102 Stat. 2572; 108 Stat. 4546) 

13 is amended— 

14 (1) by striking ‘‘(1) The Secretary’’ and insert15 ing the following: 

16 ‘‘(1) IN GENERAL.—The Secretary’’; 

17 (2) by striking ‘‘(2) The feasibility’’ and insert18 ing the following: 

19 ‘‘(2) FEASIBILITY STUDIES.—The feasibility’’; 

20 and 

21 (3) by adding at the end the following: 

22 ‘‘(3) UPDATES TO FEASIBILITY STUDIES.— 

23 ‘‘(A) IN GENERAL.—Beginning for fiscal 

24 year 2012, the feasibility studies under this 

25 subsection shall be updated and completed by 


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1 the Oglala Sioux Tribe, the Rosebud Sioux 

2 Tribe, and the Lower Brule Sioux Tribe, in 

3 consultation with the Secretary, the Adminis4 trator of the Environmental Protection Agency, 

5 the Chief of Engineers, the Director of the In6 dian Health Service, the Administrator of the 

7 Rural Housing Service, and the Administrator 

8 of the Economic Development Administration. 

9 ‘‘(B) SUBMISSION.—For each feasibility 

10 study updated under subparagraph (A), the 

11 Secretary shall, not later than 1 year after the 

12 date of enactment of this paragraph, submit to 

13 the Committee on Energy and Natural Re14 sources of the Senate and the Committee on 

15 Natural Resources of the House of Representa16 tives, a copy of the updated feasibility study, 

17 which shall address— 

18 ‘‘(i) the rural, municipal, and indus19 trial waste water disposal facilities and 

20 systems needs of the applicable reserva21 tion; 

22 ‘‘(ii) any deficiency assessments of the 

23 existing waste water disposal facilities and 

24 systems; 


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1 ‘‘(iii) cost estimates for construction 

2 of new facilities and systems and rehabili3 tating existing systems; and 

4 ‘‘(iv) cost estimates for the operation, 

5 maintenance, and replacement of the waste 

6 water disposal facilities and systems.’’. 

7 SEC. 9. MNI WICONI PROJECT EMERGENCY ASSISTANCE 

8 PLANNING ACT. 

9 (a) AMENDMENTS.—The Mni Wiconi Project Act of 

10 1988 (Public Law 100–516; 102 Stat. 2566) is amended 

11 by adding at the end the following: 

12 ‘‘TITLE II—MNI WICONI PROJECT 

13 EMERGENCY ASSISTANCE 

14 PLANNING ACT 

15 ‘‘SEC. 201. SHORT TITLE. 

16 ‘‘This title may be cited as the ‘Mni Wiconi Project 

17 Emergency Assistance Planning Act of 2012’. 

18 ‘‘SEC. 202. FINDINGS; PURPOSE. 

19 ‘‘(a) FINDINGS.—Congress finds that— 

20 ‘‘(1) substantial amounts of Federal funds have 

21 been expended and will be expended on the planning, 

22 design, construction, operation, maintenance, and re23 placement of the Mni Wiconi Project Rural Water 

24 Systems for Indian tribes in fulfillment of tribal 

25 treaties and agreements and Federal law recognizing 


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1 the trust responsibility and obligation of the United 

2 States to protect Indian tribes; 

3 ‘‘(2) the Mni Wiconi Project Rural Water Sys4 tems have been constructed, or will be constructed, 

5 pursuant to this Act; 

6 ‘‘(3) the Mni Wiconi Project Rural Water Sys7 tems, or portions of the Mni Wiconi Project Rural 

8 Water Systems, have been paid for by the Secretary 

9 out of amounts authorized and appropriated by Con10 gress; 

11 ‘‘(4) no plan exists for providing emergency 

12 funding to the Mni Wiconi Project Rural Water Sys13 tems in the event of a major breakdown of 1 or 

14 more of the Systems; and 

15 ‘‘(5) the Secretaries shall develop a congression16 ally approved plan to meet the needs of the Mni 

17 Wiconi Project Rural Water Systems in emergency 

18 situations involving a major breakdown of a rural 

19 water system. 

20 ‘‘(b) PURPOSE.—The purpose of this title is to direct 

21 the Secretaries to develop a comprehensive plan to fund 

22 and rehabilitate each rural water system authorized and 

23 funded by Congress under this Act. 

24 ‘‘SEC. 203. DEFINITIONS. 

25 ‘‘In this title: 


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1 ‘‘(1) MNI WICONI PROJECT RURAL WATER SYS2 TEMS.—The term ‘Mni Wiconi Project Rural Water 

3 Systems’ means— 

4 ‘‘(A) the Oglala Sioux Rural Water Supply 

5 System; 

6 ‘‘(B) the Rosebud Sioux Rural Water Sup7 ply System; 

8 ‘‘(C) the Lower Brule Sioux Rural Water 

9 Supply System; and 

10 ‘‘(D) the West River and Lyman-Jones 

11 Rural Water Systems. 

12 ‘‘(2) SECRETARIES.—The term ‘Secretaries’ 

13 means— 

14 ‘‘(A) the Secretary of the Interior; 

15 ‘‘(B) the Secretary of Defense; and 

16 ‘‘(C) the Secretary of Homeland Security. 

17 ‘‘SEC. 204. MNI WICONI PROJECT RURAL WATER SYSTEMS 

18 EMERGENCY PLAN. 

19 ‘‘(a) IN GENERAL.—The Secretaries shall develop 

20 and implement a 5-year plan to meet the needs of the Mni 

21 Wiconi Project Rural Water Systems in emergency situa22 tions that include— 

23 ‘‘(1) an event that threatens the security of the 

24 Mni Wiconi Project Rural Water Systems; 

25 ‘‘(2) a natural or manmade disaster; and 


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1 ‘‘(3) an act of terrorism. 

2 ‘‘(b) CONTENTS.—Not later than January 1, 2014, 

3 the Secretaries, in consultation with the Indian tribes who 

4 own or have an interest in the Mni Wiconi Project Rural 

5 Water Systems, shall develop the plan described in sub6 section (a), which, at a minimum, shall include— 

7 ‘‘(1) an assessment of the emergency manage8 ment needs of each rural water system in the Mni 

9 Wiconi Project Rural Water Systems; 

10 ‘‘(2) a description of the procedures for re11 sponding to emergency needs; 

12 ‘‘(3) the classification of emergencies in the 

13 plan; and 

14 ‘‘(4) a description of the manner in which the 

15 emergency fund established by section 205 will be 

16 assessed to pay for the costs of emergencies. 

17 ‘‘(c) UPDATES.—The Secretaries shall update the 

18 plan annually. 

19 ‘‘SEC. 205. MNI WICONI PROJECT EMERGENCY ASSISTANCE 

20 FUND. 

21 ‘‘(a) ESTABLISHMENT OF FUND.—There is estab22 lished in the Treasury of the United States a fund to be 

23 known as the ‘Mni Wiconi Emergency Assistance Fund’ 

24 (referred to in this section as the ‘Fund’), to be adminis25 tered by the Secretary of the Interior, to be available withVerDate Mar 15 2010 04:58 Aug 02, 2012 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S3464.IS S3464

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1 out fiscal year limitation and subject to appropriation, to 

2 carry out this title. 

3 ‘‘(b) TRANSFERS TO FUND.—The Fund shall consist 

4 of such amounts as are appropriated to the Fund. 

5 ‘‘(c) PROHIBITION.—Amounts in the Fund may not 

6 be made available for any purpose other than a purpose 

7 described in subsection (a). 

8 ‘‘(d) ANNUAL REPORTS.— 

9 ‘‘(1) IN GENERAL.—Not later than 60 days 

10 after the end of each fiscal year beginning with fis11 cal year 2013, the Secretary of the Interior shall 

12 submit to the Committee on Appropriations of the 

13 House of Representatives, the Committee on Appro14 priations of the Senate, and authorizing committees 

15 a report on the operation of the Fund during the fis16 cal year. 

17 ‘‘(2) CONTENTS.—Each report shall include, for 

18 the fiscal year covered by the report, the following: 

19 ‘‘(A) A statement of the amounts deposited 

20 into the Fund. 

21 ‘‘(B) A description of the expenditures 

22 made from the Fund for the fiscal year, includ23 ing the purpose of the expenditures. 

24 ‘‘(C) Recommendations for additional au25 thorities to fulfill the purpose of the Fund. 


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1 ‘‘(D) A statement of the balance remaining 

2 in the Fund at the end of the fiscal year.’’. 

3 (b) SEPARATE APPROPRIATIONS ACCOUNT.—Section 

4 1105(a) of title 31, United States Code is amended— 

5 (1) by redesignating the second paragraph (37) 

6 (relating to a list of plans and reports) as paragraph 

7 (39); and 

8 (2) by adding at the end the following: 

9 ‘‘(40) a separate statement for the Mni Wiconi 

10 Emergency Assistance Fund established under sec11 tion 205 of the Mni Wiconi Project Emergency As12 sistance Planning Act of 2012, which shall include 

13 the estimated amount of deposits into the Fund, ob14 ligations, and outlays from the Fund.’’. 

15 (c) CONFORMING AMENDMENT.—The Mni Wiconi 

16 Project Act of 1988 (Public Law 100–516; 102 Stat. 

17 2566) is amended by inserting before the first section the 

18 following: 

19 ‘‘TITLE I—MNI WICONI PROJECT 

20 ACT’’. 

Æ 


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