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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3464 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mni Wiconi Project Act Amendments of 
2012''.

SEC. 2. CLARIFICATION.

    Section 2(b)(1) of the Mni Wiconi Project Act of 1988 (Public Law 
100-516; 102 Stat. 2566; 108 Stat. 4539) is amended by striking ``in 
South Dakota''.

SEC. 3. OGLALA SIOUX RURAL WATER SUPPLY SYSTEM.

    (a) Service Area.--Section 3(c) of the Mni Wiconi Project Act of 
1988 (Public Law 100-516; 102 Stat. 2568) is amended by inserting ``, 
including the tract of land in the State of Nebraska set aside as part 
of the Pine Ridge Indian Reservation by the Executive order dated 
February 20, 1904'' before the period at the end.
    (b) Other Agency Assistance.--Section 3 of the Mni Wiconi Project 
Act of 1988 (Public Law 100-516; 102 Stat. 2568; 106 Stat. 4661; 108 
Stat. 4539) is amended by adding at the end the following:
    ``(i) Plan for Completing the Oglala Sioux Rural Water Supply 
System.--
            ``(1) In general.--In carrying out paragraphs (4) and (8) 
        of subsection (a) and subsection (b)(3), the Secretary shall 
        develop, in consultation with the Oglala Sioux Tribe and the 
        Federal agencies listed in subsection (j), a plan for 
        completing the Oglala Sioux Rural Water Supply System, 
        including the improvement, repair, and replacement of existing 
        water systems on the Pine Ridge Indian Reservation and the 
        transfer of those systems to the United States to be held in 
        trust for the Oglala Sioux Tribe and made part of the Oglala 
        Sioux Rural Water Supply System.
            ``(2) Contents.--Not later than 2 years after the date of 
        enactment of this subsection, the Secretary shall submit to the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Natural Resources of the House of Representatives 
        the plan described in paragraph (1), which shall include--
                    ``(A) a schedule for full implementation of the 
                plan;
                    ``(B) a report that includes--
                            ``(i) a description of the roles and 
                        responsibilities of the Federal agencies 
                        referred to in subsection (j) (including the 
                        Bureau of Reclamation) for completing the 
                        improvement, repair, and replacement of the 
                        existing water systems;
                            ``(ii) the program authorities of each 
                        Federal agency and a description of how those 
                        agencies will work together to complete and 
                        implement the plan; and
                            ``(iii) the funding requirements and other 
                        needs necessary to complete and implement the 
                        plan; and
                    ``(C) as applicable, a description of the roles and 
                responsibilities of other Federal agencies that have 
                existing authorities to provide assistance to the 
                Oglala Sioux Tribe.
    ``(j) Interagency Agreements.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, after the date on which the Secretary submits the plan 
        under subsection (i) to Congress, the Secretary shall enter 
        into agreements with the agency heads described in paragraph 
        (4) to fulfill the trust responsibility of the United States 
        and complete the Oglala Sioux Rural Water Supply System in 
        accordance with the Final Engineering Report dated May 1993, 
        including the transfer of existing systems.
            ``(2) Lead agency.--The Department of the Interior, acting 
        through the Bureau of Reclamation, shall act as the lead agency 
        in carrying out this section.
            ``(3) Administration.--
                    ``(A) In general.--Each agency head described in 
                paragraph (4) shall carry out the duties of the agency 
                head under this subsection out of amounts made 
                available to the agency head under annual 
                appropriations and existing programmatic authority.
                    ``(B) Additional funding requests.--Nothing in this 
                subsection prohibits the Oglala Sioux Tribe from 
                applying for, seeking, or obtaining amounts from the 
                agency heads described in paragraph (4) for any other 
                purpose.
            ``(4) Agency responsibilities.--The agency heads referred 
        to in this subsection are--
                    ``(A) the Administrator of the Environmental 
                Protection Agency, who shall assist the Secretary in--
                            ``(i) meeting the environmental and safe 
                        drinking water needs of the Pine Ridge Indian 
                        Reservation, including complying with the Safe 
                        Drinking Water Act (42 U.S.C. 300f et seq.); 
                        and
                            ``(ii) completing the Oglala Sioux Rural 
                        Water Supply System, including by--
                                    ``(I) improving and repairing 
                                existing water systems as set forth in 
                                the plan under subsection (i); and
                                    ``(II) constructing new rural water 
                                facilities, service lines, and other 
                                necessary features;
                    ``(B) the Secretary of Agriculture, who, through 
                the rural development program and other applicable 
                programs of the Department, shall assist the Secretary 
                in completing the Oglala Sioux Rural Water Supply 
                System, including by--
                            ``(i) improving and repairing existing 
                        water systems as set forth in the plan under 
                        subsection (i); and
                            ``(ii) constructing new rural water 
                        facilities, service lines, and other necessary 
                        features;
                    ``(C) the Secretary of Health and Human Services, 
                who, acting through the Director of the Indian Health 
                Service, shall assist the Secretary in meeting the 
                water supply and public health needs of the Pine Ridge 
                Indian Reservation under subsection (a)(8), including 
                by--
                            ``(i) improving and repairing existing 
                        water systems as set forth in the plan under 
                        subsection (i);
                            ``(ii) constructing new rural water 
                        facilities, service lines, and other necessary 
                        features; and
                            ``(iii) complying with the Act of August 5, 
                        1954 (commonly known as the `Indian Sanitation 
                        Facilities Act') (68 Stat. 674); and
                    ``(D) the Secretary of Housing and Urban 
                Development, who shall assist the Secretary in 
                completing the Oglala Sioux Rural Water Supply System 
                pursuant to subsection (a)(8), including by--
                            ``(i) improving and repairing existing 
                        water systems as set forth in the plan under 
                        subsection (i); and
                            ``(ii) completing the plumbing, water 
                        pipes, appurtenances, and interconnections of 
                        houses to the Oglala Sioux Rural Water Supply 
                        System to meet the water conservation standards 
                        of the system.
    ``(k) Upgrading Standards for Connecting Homes.--The Director of 
the Bureau of Indian Affairs shall, through the use of existing 
programs and annual appropriations, assist the Secretary in completing 
the Oglala Sioux Rural Water Supply System by constructing, repairing, 
and upgrading plumbing fixtures, skirting, and other necessary 
features, such as septic tanks and drainfields, to ensure that houses 
within the service area are able to meet the standards for connecting 
to the Oglala Sioux Rural Water Supply System.
    ``(l) Livestock Distribution System.--
            ``(1) In general.--The Secretary and the Secretary of 
        Agriculture shall, through the use of the water resources 
        development authorities of the Bureau of Indian Affairs and the 
        environmental quality incentives program established under 
        chapter 4 of subtitle D of title XII of the Food Security Act 
        of 1985 (16 U.S.C. 3839aa et seq.), respectively, complete, 
        during a period not to exceed 15 years, the livestock 
        distribution system for the Oglala Sioux Rural Water Supply 
        System consistent with the Final Engineering Report dated May 
        1993.
            ``(2) Requirements.--In carrying out this subsection--
                    ``(A) the Department of the Interior shall serve as 
                the lead agency;
                    ``(B) the Secretary and the Secretary of 
                Agriculture shall enter into an interagency agreement 
                that sets forth the specific responsibilities of each 
                agency concerning the construction of the livestock 
                distribution system; and
                    ``(C) the Natural Resources Conservation Service 
                and the Bureau of Indian Affairs shall carry out the 
                respective duties of the agencies under this subsection 
                out of amounts made available to the respective 
                agencies under annual appropriations and existing 
                programmatic authority.''.

SEC. 4. ROSEBUD SIOUX RURAL WATER SYSTEM.

    Section 3A of the Mni Wiconi Project Act of 1988 (Public Law 100-
516; 108 Stat. 4540) is amended by adding at the end the following:
    ``(h) Plan for Completing the Rosebud Sioux Rural Water Supply 
System.--
            ``(1) In general.--In carrying out paragraphs (4) and (8) 
        of subsection (a) and subsection (b)(3), the Secretary shall 
        develop, in consultation with the Rosebud Sioux Tribe and the 
        Federal agencies listed in subsection (i), a plan for 
        completing the Rosebud Sioux Rural Water Supply System, 
        including the improvement, repair, and replacement of existing 
        water systems on the Rosebud Indian Reservation and the 
        transfer of those systems to the United States to be held in 
        trust for the Rosebud Sioux Tribe and made part of the Rosebud 
        Sioux Rural Water Supply System.
            ``(2) Contents.--Not later than 2 years after the date of 
        enactment of this subsection, the Secretary shall submit to the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Natural Resources of the House of Representatives 
        the plan described in paragraph (1), which shall include--
                    ``(A) a schedule for full implementation of the 
                plan;
                    ``(B) a report that includes--
                            ``(i) a description of the roles and 
                        responsibilities of the Federal agencies 
                        referred to in subsection (i) (including the 
                        Bureau of Reclamation) for completing the 
                        improvement, repair, and replacement of the 
                        existing water systems;
                            ``(ii) the program authorities of each 
                        Federal agency and a description of how those 
                        agencies will work together to complete and 
                        implement the plan; and
                            ``(iii) the funding requirements and other 
                        needs necessary to complete and implement the 
                        plan; and
                    ``(C) as applicable, a description of the roles and 
                responsibilities of other Federal agencies that have 
                existing authorities to provide assistance to the 
                Rosebud Sioux Tribe.
    ``(i) Interagency Agreements.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, after the date on which the Secretary submits the plan 
        under subsection (h) to Congress, the Secretary shall enter 
        into agreements with the agency heads described in paragraph 
        (4) to fulfill the trust responsibility of the United States 
        and complete the Rosebud Sioux Rural Water Supply System in 
        accordance with the Final Engineering Report dated May 1993, 
        including the transfer of existing systems.
            ``(2) Lead agency.--The Department of the Interior, acting 
        through the Bureau of Reclamation, shall act as the lead agency 
        in carrying out this section.
            ``(3) Administration.--
                    ``(A) In general.--Each agency head described in 
                paragraph (4) shall carry out the duties of the agency 
                head under this subsection out of amounts made 
                available to the agency head under annual 
                appropriations and existing programmatic authority.
                    ``(B) Additional funding requests.--Nothing in this 
                subsection prohibits the Rosebud Sioux Tribe from 
                applying for, seeking, or obtaining amounts from the 
                agency heads described in paragraph (4) for any other 
                purpose.
            ``(4) Agency responsibilities.--The agency heads referred 
        to in this subsection are--
                    ``(A) the Administrator of the Environmental 
                Protection Agency, who shall assist the Secretary in--
                            ``(i) meeting the environmental and safe 
                        drinking water needs of the Rosebud Indian 
                        Reservation, including complying with the Safe 
                        Drinking Water Act (42 U.S.C. 300f et seq.); 
                        and
                            ``(ii) completing the Rosebud Sioux Rural 
                        Water Supply System, including by--
                                    ``(I) improving and repairing 
                                existing water systems as set forth in 
                                the plan under subsection (h); and
                                    ``(II) constructing new rural water 
                                facilities, service lines, and other 
                                necessary features;
                    ``(B) the Secretary of Agriculture, who, through 
                the rural development program and other applicable 
                programs of the Department, shall assist the Secretary 
                in completing the Rosebud Sioux Rural Water Supply 
                System, including by--
                            ``(i) improving and repairing existing 
                        water systems as set forth in the plan under 
                        subsection (h); and
                            ``(ii) constructing new rural water 
                        facilities, service lines, and other necessary 
                        features;
                    ``(C) the Secretary of Health and Human Services, 
                who, acting through the Director of the Indian Health 
                Service, shall assist the Secretary in meeting the 
                water supply and public health needs of the Rosebud 
                Indian Reservation under subsection (a)(8), including 
                by--
                            ``(i) improving and repairing existing 
                        water systems as set forth in the plan under 
                        subsection (h);
                            ``(ii) constructing new rural water 
                        facilities, service lines, and other necessary 
                        features; and
                            ``(iii) complying with the Act of August 5, 
                        1954 (commonly known as the `Indian Sanitation 
                        Facilities Act') (68 Stat. 674); and
                    ``(D) the Secretary of Housing and Urban 
                Development, who shall assist the Secretary in 
                completing the Rosebud Sioux Rural Water Supply System 
                pursuant to subsection (a)(8), including by--
                            ``(i) improving and repairing existing 
                        water systems as set forth in the plan under 
                        subsection (h); and
                            ``(ii) completing the plumbing, water 
                        pipes, appurtenances, and interconnections of 
                        houses to the Rosebud Sioux Rural Water Supply 
                        System to meet the water conservation standards 
                        of the system.
    ``(j) Upgrading Standards for Connecting Homes.--The Director of 
the Bureau of Indian Affairs shall, through the use of existing 
programs and annual appropriations, assist the Secretary in completing 
the Rosebud Sioux Rural Water Supply System by constructing, repairing, 
and upgrading plumbing fixtures, skirting, and other necessary 
features, such as septic tanks and drainfields, to ensure that houses 
within the service area are able to meet the standards for connecting 
to the Rosebud Sioux Rural Water Supply System.
    ``(k) Livestock Distribution System.--
            ``(1) In general.--The Secretary and the Secretary of 
        Agriculture shall, through the use of the water resources 
        development authorities of the Bureau of Indian Affairs and the 
        environmental quality incentives program established under 
        chapter 4 of subtitle D of title XII of the Food Security Act 
        of 1985 (16 U.S.C. 3839aa et seq.), respectively, complete, 
        during a period not to exceed 15 years, the livestock 
        distribution system for the Rosebud Sioux Rural Water Supply 
        System consistent with the Final Engineering Report dated May 
        1993.
            ``(2) Requirements.--In carrying out this subsection--
                    ``(A) the Department of the Interior shall serve as 
                the lead agency;
                    ``(B) the Secretary and the Secretary of 
                Agriculture shall enter into an interagency agreement 
                that sets forth the specific responsibilities of each 
                agency concerning the construction of the livestock 
                distribution system; and
                    ``(C) the Natural Resources Conservation Service 
                and the Bureau of Indian Affairs shall carry out the 
                respective duties of the agencies under this subsection 
                out of amounts made available to the respective 
                agencies under annual appropriations and existing 
                programmatic authority.''.

SEC. 5. LOWER BRULE SIOUX RURAL WATER SYSTEM.

    Section 3B of the Mni Wiconi Project Act of 1988 (Public Law 100-
516; 108 Stat. 4542) is amended by adding at the end the following:
    ``(h)  Plan for Completing the Lower Brule Sioux Rural Water Supply 
System.--
            ``(1) In general.--In carrying out paragraphs (4) and (8) 
        of subsection (a) and subsection (b)(3), the Secretary shall 
        develop, in consultation with the Lower Brule Sioux Tribe and 
        the Federal agencies listed in subsection (i), a plan for 
        completing the Lower Brule Sioux Rural Water Supply System, 
        including the improvement, repair, and replacement of existing 
        water systems on the Lower Brule Indian Reservation and the 
        transfer of those systems to the United States to be held in 
        trust for the Lower Brule Sioux Tribe and made part of the 
        Lower Brule Sioux Rural Water Supply System.
            ``(2) Contents.--Not later than 2 years after the date of 
        enactment of this subsection, the Secretary shall submit to the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Natural Resources of the House of Representatives 
        the plan described in paragraph (1), which shall include--
                    ``(A) a schedule for full implementation of the 
                plan;
                    ``(B) a report that includes--
                            ``(i) a description of the roles and 
                        responsibilities of the Federal agencies 
                        referred to in subsection (i) (including the 
                        Bureau of Reclamation) for completing the 
                        improvement, repair, and replacement of the 
                        existing water systems;
                            ``(ii) the program authorities of each 
                        Federal agency and a description of how those 
                        agencies will work together to complete and 
                        implement the plan; and
                            ``(iii) the funding requirements and other 
                        needs necessary to complete and implement the 
                        plan; and
                    ``(C) as applicable, a description of the roles and 
                responsibilities of other Federal agencies that have 
                existing authorities to provide assistance to the Lower 
                Brule Sioux Tribe.
    ``(i) Interagency Agreements.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, after the date on which the Secretary submits the plan 
        under subsection (h) to Congress, the Secretary shall enter 
        into agreements with the agency heads described in paragraph 
        (4) to fulfill the trust responsibility of the United States 
        and complete the Lower Brule Sioux Rural Water Supply System in 
        accordance with the Final Engineering Report dated May 1993, 
        including the transfer of existing systems.
            ``(2) Lead agency.--The Department of the Interior, acting 
        through the Bureau of Reclamation, shall act as the lead agency 
        in carrying out this section.
            ``(3) Administration.--
                    ``(A) In general.--Each agency head described in 
                paragraph (4) shall carry out the duties of the agency 
                head under this subsection out of amounts made 
                available to the agency head under annual 
                appropriations and existing programmatic authority.
                    ``(B) Additional funding requests.--Nothing in this 
                subsection prohibits the Lower Brule Sioux Tribe from 
                applying for, seeking, or obtaining amounts from the 
                agency heads described in paragraph (4) for any other 
                purpose.
            ``(4) Agency responsibilities.--The agency heads referred 
        to in this subsection are--
                    ``(A) the Administrator of the Environmental 
                Protection Agency, who shall assist the Secretary in--
                            ``(i) meeting the environmental and safe 
                        drinking water needs of the Lower Brule Indian 
                        Reservation, including complying with the Safe 
                        Drinking Water Act (42 U.S.C. 300f et seq.); 
                        and
                            ``(ii) completing the Lower Brule Sioux 
                        Rural Water Supply System, including by--
                                    ``(I) improving and repairing 
                                existing water systems as set forth in 
                                the plan under subsection (h); and
                                    ``(II) constructing new rural water 
                                facilities, service lines, and other 
                                necessary features;
                    ``(B) the Secretary of Agriculture, who, through 
                the rural development program and other applicable 
                programs of the Department, assist the Secretary in 
                completing the Lower Brule Sioux Rural Water Supply 
                System, including by--
                            ``(i) improving and repairing existing 
                        water systems as set forth in the plan under 
                        subsection (h); and
                            ``(ii) constructing new rural water 
                        facilities, service lines, and other necessary 
                        features;
                    ``(C) the Secretary of Health and Human Services, 
                who, acting through the Director of the Indian Health 
                Service, shall assist the Secretary in meeting the 
                water supply and public health needs of the Lower Brule 
                Indian Reservation under subsection (a)(8), including 
                by--
                            ``(i) improving and repairing existing 
                        water systems as set forth in the plan under 
                        subsection (h);
                            ``(ii) constructing new rural water 
                        facilities, service lines, and other necessary 
                        features; and
                            ``(iii) complying with the Act of August 5, 
                        1954 (commonly known as the `Indian Sanitation 
                        Facilities Act') (68 Stat. 674); and
                    ``(D) the Secretary of Housing and Urban 
                Development, who shall assist the Secretary in 
                completing the Lower Brule Sioux Rural Water Supply 
                System pursuant to subsection (a)(8), including by--
                            ``(i) improving and repairing existing 
                        water systems as set forth in the plan under 
                        subsection (h); and
                            ``(ii) completing the plumbing, water 
                        pipes, appurtenances, and interconnections of 
                        houses to the Lower Brule Sioux Rural Water 
                        Supply System to meet the water conservation 
                        standards of the system.
    ``(j) Upgrading Standards for Connecting Homes.--The Director of 
the Bureau of Indian Affairs shall, through the use of existing 
programs and annual appropriations, assist the Secretary in completing 
the Lower Brule Sioux Rural Water Supply System by constructing, 
repairing, and upgrading plumbing fixtures, skirting, and other 
necessary features, such as septic tanks and drainfields, to ensure 
that houses within the service area are able to meet the standards for 
connecting to the Lower Brule Sioux Rural Water Supply System.''.

SEC. 6. MITIGATION OF FISH AND WILDLIFE LOSSES.

    Section 6 of the Mni Wiconi Project Act of 1988 (Public Law 100-
516; 102 Stat. 2570; 108 Stat. 4544) is amended by striking subsection 
(b) and inserting the following:
    ``(b) Oahe, Big Bend, and Fort Randall Dams and Reservoirs.--
            ``(1) In general.--The Secretary, in cooperation with the 
        State of South Dakota, all Indian tribes residing on 
        reservations within the State of South Dakota, and other 
        Federal agencies, shall develop and submit to Congress not 
        later than January 2014, recommendations for financing and 
        implementing mitigation plans for--
                    ``(A) fish and wildlife and terrestrial losses, 
                including the loss of Native American cultural 
                resources, human remains, ceremonial plants and herbs, 
                gathering rights, access to sacred sites, and other 
                usufructuary rights, resulting from the construction 
                and operation of the Oahe Dam and Reservoir, Big Bend 
                Dam and Reservoir, and Fort Randall Dam and Reservoir; 
                and
                    ``(B) fish and wildlife and terrestrial losses and 
                any impacts to groundwater resulting from the 
                construction and operation of the dams and reservoirs 
                on the Missouri River tributaries within the State of 
                South Dakota.
            ``(2) Administration.--In carrying out this section--
                    ``(A) the Secretary shall--
                            ``(i) issue regulations that set forth 
                        procedures for meaningful consultation with the 
                        Indian tribes concerning the preservation and 
                        protection of Native American cultural 
                        resources, human remains, ceremonial plants and 
                        herbs, gathering rights, and access to sacred 
                        sites; and
                            ``(ii) provide the Indian tribes with the 
                        opportunity to participate and concur in the 
                        development of the recommendations described in 
                        paragraph (1) before the Secretary submits the 
                        recommendations to Congress; and
                    ``(B) the Chief of Engineers, the Director of the 
                National Park Service, and the Director of the United 
                States Fish and Wildlife Service shall, at the request 
                of the Secretary, provide any assistance the Secretary 
                requires in preparing and completing the 
                recommendations described in paragraph (1).''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) Planning, Design, and Construction.--Section 10(a) of the Mni 
Wiconi Project Act of 1988 (Public Law 100-516; 102 Stat. 2571; 108 
Stat. 4545; 116 Stat. 3033; 121 Stat. 1954) is amended--
            (1) in the first sentence, by striking ``and $58,800,000 
        (based on October 1, 1997, price levels)'' and inserting ``, 
        $58,800,000 (based on October 1, 1997, price levels), and 
        $14,308,000 (based on October 1, 2011, price levels)'';
            (2) in the second sentence, by striking ``2013'' and 
        inserting ``2015''; and
            (3) in the third sentence, by striking ``and October 1, 
        1997 (with respect to the $58,800,000)'' and inserting ``, 
        October 1, 1997 (with respect to the $58,800,000), and October 
        1, 2011 (with respect to the $14,308,000)''.
    (b) Operation and Maintenance of Oglala Sioux Rural Water Supply 
System, Rosebud Sioux Rural Water Supply System and Lower Brule Sioux 
Water Supply System.--Section 10(b) of the Mni Wiconi Project Act of 
1988 (Public Law 100-516; 102 Stat. 2571; 108 Stat. 4545) is amended--
            (1) in the first sentence, by striking ``There are'' and 
        all that follows through the end of the sentence and inserting 
        the following:
            ``(1) Operation and maintenance.--
                    ``(A) In general.--There are authorized to be 
                appropriated such sums as are necessary for the 
                operation and maintenance of the Oglala Sioux Rural 
                Water Supply System, Rosebud Sioux Rural Water Supply 
                System, and Lower Brule Sioux Rural Water Supply System 
                and for reimbursement to the city of White River, South 
                Dakota for operation and maintenance costs for the 
                provision of water to service connections in that city 
                that are located on trust land of the Rosebud Sioux 
                Tribe or members of the Rosebud Sioux Tribe.'';
            (2) in the second sentence, by striking ``The operation'' 
        and inserting the following:
                    ``(B) West river and lyman-jones rural water 
                systems.--
                            ``(i) In general.--The operation'';
            (3) in the third sentence, by striking ``Such fee'' and 
        inserting the following:
                            ``(ii) Fee basis.--The fee described in 
                        clause (i)'';
            (4) in the fourth sentence, by striking ``Such operation 
        and maintenance payments'' and inserting the following:
                            ``(iii) Adjustment of payments.--The 
                        operation and maintenance payments under this 
                        subparagraph''; and
            (5) by adding after paragraph (1) (as so designated) the 
        following:
            ``(2) Community upgrades.--
                    ``(A) In general.--Public or tribal water systems 
                that are in existence on the date of enactment of this 
                paragraph shall be transferred to the respective rural 
                water supply system at the request of the applicable 
                Indian tribe and the owner of the water system.
                    ``(B) Operation and maintenance.--The operation and 
                maintenance amounts authorized for the water systems 
                described in subparagraph (A) shall be supplemented and 
                used for the improvement, repair, and replacement of 
                those systems, as determined by the Secretary pursuant 
                to sections 3(i)(2)(B)(iii), 3A(h)(2)(B)(iii), and 
                3B(h)(2)(B)(iii), after the date on which those systems 
                are interconnected and transferred to the respective 
                rural water supply system pursuant to sections 3(a)(4), 
                3A(a)(4), and 3B(a)(4).
                    ``(C) Initial improvements and repairs.--Initial 
                improvement and repairs of the transferred systems 
                described in subparagraph (A) shall be completed in 
                accordance with the plans under sections 3(i), 3A(h) 
                and 3B(h).''.

SEC. 8. WASTE WATER DISPOSAL SYSTEMS.

    Section 12(c) of the Mni Wiconi Project Act of 1988 (Public Law 
100-516; 102 Stat. 2572; 108 Stat. 4546) is amended--
            (1) by striking ``(1) The Secretary'' and inserting the 
        following:
            ``(1) In general.--The Secretary'';
            (2) by striking ``(2) The feasibility'' and inserting the 
        following:
            ``(2) Feasibility studies.--The feasibility''; and
            (3) by adding at the end the following:
            ``(3) Updates to feasibility studies.--
                    ``(A) In general.--Beginning for fiscal year 2012, 
                the feasibility studies under this subsection shall be 
                updated and completed by the Oglala Sioux Tribe, the 
                Rosebud Sioux Tribe, and the Lower Brule Sioux Tribe, 
                in consultation with the Secretary, the Administrator 
                of the Environmental Protection Agency, the Chief of 
                Engineers, the Director of the Indian Health Service, 
                the Administrator of the Rural Housing Service, and the 
                Administrator of the Economic Development 
                Administration.
                    ``(B) Submission.--For each feasibility study 
                updated under subparagraph (A), the Secretary shall, 
                not later than 1 year after the date of enactment of 
                this paragraph, submit to the Committee on Energy and 
                Natural Resources of the Senate and the Committee on 
                Natural Resources of the House of Representatives, a 
                copy of the updated feasibility study, which shall 
                address--
                            ``(i) the rural, municipal, and industrial 
                        waste water disposal facilities and systems 
                        needs of the applicable reservation;
                            ``(ii) any deficiency assessments of the 
                        existing waste water disposal facilities and 
                        systems;
                            ``(iii) cost estimates for construction of 
                        new facilities and systems and rehabilitating 
                        existing systems; and
                            ``(iv) cost estimates for the operation, 
                        maintenance, and replacement of the waste water 
                        disposal facilities and systems.''.

SEC. 9. MNI WICONI PROJECT EMERGENCY ASSISTANCE PLANNING ACT.

    (a) Amendments.--The Mni Wiconi Project Act of 1988 (Public Law 
100-516; 102 Stat. 2566) is amended by adding at the end the following:

    ``TITLE II--MNI WICONI PROJECT EMERGENCY ASSISTANCE PLANNING ACT

``SEC. 201. SHORT TITLE.

    ``This title may be cited as the `Mni Wiconi Project Emergency 
Assistance Planning Act of 2012'.

``SEC. 202. FINDINGS; PURPOSE.

    ``(a) Findings.--Congress finds that--
            ``(1) substantial amounts of Federal funds have been 
        expended and will be expended on the planning, design, 
        construction, operation, maintenance, and replacement of the 
        Mni Wiconi Project Rural Water Systems for Indian tribes in 
        fulfillment of tribal treaties and agreements and Federal law 
        recognizing the trust responsibility and obligation of the 
        United States to protect Indian tribes;
            ``(2) the Mni Wiconi Project Rural Water Systems have been 
        constructed, or will be constructed, pursuant to this Act;
            ``(3) the Mni Wiconi Project Rural Water Systems, or 
        portions of the Mni Wiconi Project Rural Water Systems, have 
        been paid for by the Secretary out of amounts authorized and 
        appropriated by Congress;
            ``(4) no plan exists for providing emergency funding to the 
        Mni Wiconi Project Rural Water Systems in the event of a major 
        breakdown of 1 or more of the Systems; and
            ``(5) the Secretaries shall develop a congressionally 
        approved plan to meet the needs of the Mni Wiconi Project Rural 
        Water Systems in emergency situations involving a major 
        breakdown of a rural water system.
    ``(b) Purpose.--The purpose of this title is to direct the 
Secretaries to develop a comprehensive plan to fund and rehabilitate 
each rural water system authorized and funded by Congress under this 
Act.

``SEC. 203. DEFINITIONS.

    ``In this title:
            ``(1) Mni wiconi project rural water systems.--The term 
        `Mni Wiconi Project Rural Water Systems' means--
                    ``(A) the Oglala Sioux Rural Water Supply System;
                    ``(B) the Rosebud Sioux Rural Water Supply System;
                    ``(C) the Lower Brule Sioux Rural Water Supply 
                System; and
                    ``(D) the West River and Lyman-Jones Rural Water 
                Systems.
            ``(2) Secretaries.--The term `Secretaries' means--
                    ``(A) the Secretary of the Interior;
                    ``(B) the Secretary of Defense; and
                    ``(C) the Secretary of Homeland Security.

``SEC. 204. MNI WICONI PROJECT RURAL WATER SYSTEMS EMERGENCY PLAN.

    ``(a) In General.--The Secretaries shall develop and implement a 5-
year plan to meet the needs of the Mni Wiconi Project Rural Water 
Systems in emergency situations that include--
            ``(1) an event that threatens the security of the Mni 
        Wiconi Project Rural Water Systems;
            ``(2) a natural or manmade disaster; and
            ``(3) an act of terrorism.
    ``(b) Contents.--Not later than January 1, 2014, the Secretaries, 
in consultation with the Indian tribes who own or have an interest in 
the Mni Wiconi Project Rural Water Systems, shall develop the plan 
described in subsection (a), which, at a minimum, shall include--
            ``(1) an assessment of the emergency management needs of 
        each rural water system in the Mni Wiconi Project Rural Water 
        Systems;
            ``(2) a description of the procedures for responding to 
        emergency needs;
            ``(3) the classification of emergencies in the plan; and
            ``(4) a description of the manner in which the emergency 
        fund established by section 205 will be assessed to pay for the 
        costs of emergencies.
    ``(c) Updates.--The Secretaries shall update the plan annually.

``SEC. 205. MNI WICONI PROJECT EMERGENCY ASSISTANCE FUND.

    ``(a) Establishment of Fund.--There is established in the Treasury 
of the United States a fund to be known as the `Mni Wiconi Emergency 
Assistance Fund' (referred to in this section as the `Fund'), to be 
administered by the Secretary of the Interior, to be available without 
fiscal year limitation and subject to appropriation, to carry out this 
title.
    ``(b) Transfers to Fund.--The Fund shall consist of such amounts as 
are appropriated to the Fund.
    ``(c) Prohibition.--Amounts in the Fund may not be made available 
for any purpose other than a purpose described in subsection (a).
    ``(d) Annual Reports.--
            ``(1) In general.--Not later than 60 days after the end of 
        each fiscal year beginning with fiscal year 2013, the Secretary 
        of the Interior shall submit to the Committee on Appropriations 
        of the House of Representatives, the Committee on 
        Appropriations of the Senate, and authorizing committees a 
        report on the operation of the Fund during the fiscal year.
            ``(2) Contents.--Each report shall include, for the fiscal 
        year covered by the report, the following:
                    ``(A) A statement of the amounts deposited into the 
                Fund.
                    ``(B) A description of the expenditures made from 
                the Fund for the fiscal year, including the purpose of 
                the expenditures.
                    ``(C) Recommendations for additional authorities to 
                fulfill the purpose of the Fund.
                    ``(D) A statement of the balance remaining in the 
                Fund at the end of the fiscal year.''.
    (b) Separate Appropriations Account.--Section 1105(a) of title 31, 
United States Code is amended--
            (1) by redesignating the second paragraph (37) (relating to 
        a list of plans and reports) as paragraph (39); and
            (2) by adding at the end the following:
            ``(40) a separate statement for the Mni Wiconi Emergency 
        Assistance Fund established under section 205 of the Mni Wiconi 
        Project Emergency Assistance Planning Act of 2012, which shall 
        include the estimated amount of deposits into the Fund, 
        obligations, and outlays from the Fund.''.
    (c) Conforming Amendment.--The Mni Wiconi Project Act of 1988 
(Public Law 100-516; 102 Stat. 2566) is amended by inserting before the 
first section the following:

                  ``TITLE I--MNI WICONI PROJECT ACT''.

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