authorized to be appropriated by section 10(a) for
the Lower Brule Sioux Rural Water System.
‘‘(c) SERVICE AREA.—The service area of the Lower
Brule Sioux Rural Water System shall be the boundaries
of the Lower Brule Indian Reservation.
‘‘(d) CONSTRUCTION REQUIREMENTS.—The pump-
ing plants, pipelines, treatment facilities, and other appur-
tenant facilities for the Lower Brule Sioux Rural Water
System shall be planned and constructed to a size suffi-
cient to meet the municipal, rural, and industrial water
supply requirements of the Lower Brule Sioux Tribe and
the Lyman-Jones Rural Water System, as generally de-
scribed in the Final Engineering Report of the Mni Wiconi
Rural Water Supply Project, dated May 1993, taking into
account the effects of the conservation plans described in
section 5. The Lower Brule Sioux Rural Water System
and Lyman-Jones Rural Water System may be inter-
connected and provided with water service from common
facilities. Any joint costs associated with common facilities
shall be allocated to the Lower Brule Sioux Rural Water
System.
‘‘(e) TITLE TO SYSTEM.—Title to the Lower Brule
Sioux Rural Water System shall be held in trust for the
Lower Brule Sioux Tribe by the United States and shall
not be transferred or encumbered without a subsequent
Act of Congress.
‘‘(f) TECHNICAL ASSISTANCE.—The Secretary is au-
thorized and directed to provide such technical assistance
as may be necessary to the Lower Brule Sioux Tribe to
plan, develop, construct, operate, maintain, and replace
the Lower Brule Sioux Rural Water System, including
(but not limited to) operation and management training.
‘‘(g) APPLICATION
OF
THE INDIAN SELF-DETER-
MINATION ACT.—Planning, design, construction, and op-
eration of the Lower Brule Sioux Rural Water System
shall be subject to the provisions of the Indian Self-Deter-
mination Act (Public Law 93–638, 25 U.S.C. 450).’’.
SEC. 6. 7. WEST RIVER RURAL WATER SYSTEM AND LYMAN-
JONES RURAL WATER SYSTEM.
(a) SERVICE AREA.—Subsection (d) of section 4 (102
Stat. 2569) is amended by striking the period at the end
thereof and inserting ‘‘, and Final Engineering Report
dated May 1993.’’.
(b) INTERCONNECTION OF FACILITIES AND WAIVER
OF CHARGES.—Section 4 of the Act (102 Stat. 2568) is
amended by redesignating subsection (f) as subsection (g)
and inserting after subsection (e) the following new sub-
section:
‘‘(f) INTERCONNECTION OF FACILITIES AND WAIVER
OF CHARGES.—The Secretary is authorized to inter-
connect the Lyman-Jones Rural Water System, and the
West River Rural Water System, with each of the other
systems authorized under this Act, and to provide for the
delivery of water to the West River Rural Water System,
and Lyman-Jones Rural Water System, without charge or
cost, from the Missouri River and through common facili-
ties of the Oglala Sioux Rural Water Supply System,
Rosebud Rural Water System and Lower Brule Rural
Water System.’’.
SEC. 7. 8. WATER CONSERVATION.
Section 5 of the Act (102 Stat. 2570) is amended
by striking ‘‘The non-Federal parties (including the Oglala
Sioux Tribe)’’ and inserting ‘‘Each non-Federal party (in-
cluding the Oglala Sioux Tribe, Rosebud Sioux Tribe, and
Lower Brule Sioux Tribe)’’.
SEC. 8. 9. MITIGATION OF FISH AND WILDLIFE LOSSES.
Section 6 of the Act (102 Stat. 2570) is amended—
(1) in subsection (a)—
(A) by inserting ‘‘, ROSEBUD
SIOUX
RURAL
WATER
SUPPLY
SYSTEM, LOWER
BRULE SIOUX RURAL WATER SUPPLY SYS-
TEM,’’ after ‘‘SUPPLY SYSTEM’’; and
(B) by inserting ‘‘Rosebud Sioux Rural
Water Supply System, Lower Brule Sioux
Rural Water Supply System,’’ after ‘‘Supply
System,’’; and
(2) in subsection (b)—
(A) by inserting ‘‘, all Indian tribes resid-
ing on reservations within the State of South
Dakota,’’ after ‘‘South Dakota’’;
(B) by inserting ‘‘and terrestrial’’ after
‘‘wildlife’’;
(C) by striking ‘‘Such plans’’ and inserting
‘‘Such recommendations’’; and
(D) by adding at the end the following:
‘‘The Indian tribes shall be afforded an opportunity to re-
view and concur within any recommendations affecting
their reservations before they are submitted to Congress.’’.
SEC. 9. ESTABLISHMENT OF THE OGLALA SIOUX, ROSEBUD
SIOUX AND LOWER BRULE SIOUX BIO-DIVER-
SITY TRUSTS.
The Act is amended by inserting after section 6 the
following new sections:
‘‘SEC. 6A. ESTABLISHMENT OF THE OGLALA SIOUX, ROSE-
BUD SIOUX AND LOWER BRULE SIOUX BIO-DI-
VERSITY TRUSTS.
‘‘(a) AUTHORIZATION.—The Secretary shall make
Federal grants to the Oglala Sioux, Rosebud Sioux and
Lower Brule Sioux Bio-Diversity Trusts. The Federal con-
tribution shall not exceed $16,000,000 and shall be paid
in 5 annual installments beginning in fiscal year 1995 and
expended as provided in the Final Engineering Report and
Environmental Assessment for the Mni Wiconi Rural
Water Supply Project, dated May 1993, required by sec-
tion 3(f) of this Act.
‘‘(b) ELIGIBILITY REQUIREMENTS
FOR FEDERAL
CONTRIBUTIONS.—Each Trust shall be eligible to receive
Federal grants under subsection (a) if it—
‘‘(1) is established and operated as a nonprofit
corporation under the laws of the Tribe on whose
reservation it will operate;
‘‘(2) is incorporated to select and provide fund-
ing to projects that restore, protect and enhance
wildlife and wildlife habitat;
‘‘(3) is under the direction of a Board of Trust-
ees that—
‘‘(A) has the power to manage all the af-
fairs of the corporation, including administra-
tion, data collection, and implementation of the
purposes of the Trust; and
‘‘(B) is composed of members that do not
serve on any Federal, tribal, or State legislative
body, court, agency, commission or board; and
‘‘(4) is comprised of not less than 3 persons or
more than 5 persons elected to 3-year, staggered
terms by the eligible voters of the Tribe on whose
reservation the Trust will operate.
‘‘(c) OPERATIONAL REQUIREMENTS OF BIO-DIVER-
SITY TRUSTS.—The Oglala Sioux, Rosebud Sioux and
Lower Brule Sioux Bio-Diversity Trusts shall be deemed
to be operating in accordance with this section if—
‘‘(1) each Trust is operated to select and pro-
vide funding to projects that protect, restore and
maintain plant and animal communities and large-
scale natural ecosystems in accordance with its cor-
porate purposes. Projects eligible for funding include
those that—
‘‘(A) reconstitute natural biological diver-
sity that has been diminished;
‘‘(B) assist the recovery of species popu-
lations, communities and ecosystems that are
unable to survive on-site without intervention;
‘‘(C) allow reintroduction and reoccupation
by native flora and fauna;
‘‘(D) control or eliminate exotic flora and
fauna which are damaging natural ecosystems;
‘‘(E) restore natural habitat for the re-
cruitment and survival of fish, waterfowl and
other wildlife;
‘‘(F) provide additional conservation values
to Indian trust lands;
‘‘(G) add to structural and compositional
values of existing preserves or enhance the via-
bility, defensibility and management of pre-
serves; and
‘‘(H) restore natural hydrological effects
including sediment and erosion control drain-
age, percolation and other water quality im-
provement capacity;
‘‘(2) each Trust is managed in a fiscally respon-
sible fashion by investing in private and public fi-
nancial vehicles approved by the Secretary with the
goal of producing income and preserving principle;
‘‘(3) trust funds are deposited in financial insti-
tutions other than those used by the Oglala Sioux
Tribe, Rosebud Sioux Tribe and Lower Brule Sioux
Tribe for their General Funds; the principal will be
inviolate, but income from the principal will be used
to accomplish the goals of the trust; and expendi-
tures of all funds from each trust account shall be
based on an annual budget approved by the Sec-
retary; and
‘‘(4) not less than 10 percent of the interest
earned each year from the principal in each account
shall be added to the principal.
‘‘(d) RESTRICTION ON LOCATION OF PROJECTS TO
BE FUNDED BY TRUST.—Projects eligible for funding
under this section must be located within the service areas
of the Oglala Sioux Rural Water Supply System, the Rose-
bud Sioux Rural Water System or Lower Brule Sioux
Rural Water System.
‘‘(e) REPORTING REQUIREMENTS ON TRUST.—The
Secretary shall annually report on the operation and man-
agement of each Trust to the Committee on Natural Re-
sources and the Committee on Appropriations of the
House of Representatives and the Committee on Energy
and Natural Resources, the Committee on Appropriations,
and the Select Committee on Indian Affairs of the Senate.
‘‘SEC.
6B.
ESTABLISHMENT
OF
THE
WEST
RIVER
AND
LYMAN-JONES BIO-DIVERSITY TRUST.
‘‘(a) AUTHORIZATION.—The Secretary shall make a
Federal contribution in the form of a Federal grant to
the West River and Lyman-Jones Bio-Diversity Trusts.
The Federal contribution shall not exceed $9,000,000 and
shall be paid in five annual installments beginning in fiscal
year 1995.
‘‘(b) ELIGIBILITY REQUIREMENTS
FOR FEDERAL
CONTRIBUTIONS.—The West River and Lyman-Jones
Bio-Diversity Trusts shall be eligible to receive Federal
contributions pursuant to subsection (a) if they comply
with the following requirements:
‘‘(1) Each Trust is established and operated as
a nonprofit corporation under the laws of the State
of South Dakota.
‘‘(2) The corporate purposes of each Trust are
to select and provide funding to projects that re-
store, protect and enhance wildlife and wildlife habi-
tat within the West River and Lyman-Jones service
areas described in section 4(d) of this Act.
‘‘(3) Each Trust is under the direction of a
Board of Trustees that has the power to manage all
the affairs of the corporation, including administra-
tion, data collection, and implementation of the pur-
poses of the Trust.
‘‘(4) The Board of each Trust is comprised of
not less than 3 nor more than 10 persons appointed
by the West River Rural Water System and Lyman-
Jones Rural Water System recognized in section 4
of this Act.
‘‘(c) OPERATIONAL REQUIREMENTS
OF TRUST.—
The West River and Lyman-Jones Bio-Diversity Trusts
shall be deemed to be operating in accordance with this
section if—
‘‘(1) each Trust is operated to select and pro-
vide funding to projects that protect, restore and
maintain plant and animal communities and large-
scale natural ecosystems in accordance with its cor-
porate purposes. Projects eligible for funding by the
Trust include those that—
‘‘(A) reconstitute natural biological diver-
sity that has been diminished;
‘‘(B) assist the recovery of species popu-
lations, communities, and ecosystems that are
unable to survive on site without intervention;
‘‘(C) allow reintroduction and reoccupation
by native flora and fauna;
‘‘(D) control or eliminate exotic flora and
fauna which are damaging natural ecosystems;
‘‘(E) restore natural habitat for the re-
cruitment and survival of fish, waterfowl and
other wildlife;
‘‘(F) add to structural and compositional
values of existing preserves or enhance the via-
bility, defensibility and management of pre-
serves; and
‘‘(G) restore natural hydrological effects
including sediment and erosion control drain-
age, percolation and other water quality im-
provement capacity;
‘‘(2) each trust is managed in a fiscally respon-
sible fashion by investing in private and public fi-
nancial vehicles approved by the Secretary with the
goal of producing income and preserving principal;
and the principal of each trust will be inviolate, but
income from the principal will be used to accomplish
the goals of the trust;
‘‘(3) expenditures of all funds from each trust
account shall be based on an annual budget ap-
proved by the Secretary; and
‘‘(4) not less than 10 percent of the interest
earned each year from the principal in each account
shall be added to the principal.
‘‘(d) RESTRICTION ON LOCATION OF PROJECTS TO
BE FUNDED BY TRUST.—Projects eligible for funding
under this section must be located within the service areas
of the West River Rural Water System and the Lyman-
Jones Rural Water System.
‘‘(e) REPORTING REQUIREMENTS ON TRUST.—The
Secretary shall annually report on the operation and man-
agement of each Trust to the Committee on Natural Re-
sources and the Committee on Appropriations of the
House of Representatives and the Committee on Energy
and Natural Resources and the Committee on Appropria-
tions of the Senate.’’.
SEC. 10. PROHIBITION OF USE OF FUNDS FOR IRRIGATION
PURPOSES.
Section 7 of the Act (102 Stat. 2570) is amended
by striking ‘‘Supply System,’’ and inserting ‘‘Supply Sys-
tem, the Rosebud Sioux Rural Water Supply System, the
Lower Brule Rural Water Supply System,’’.
SEC. 11. RULE OF CONSTRUCTION.
Section 8 of the Act (102 Stat. 2570) is amended—
(1) by inserting ‘‘, Rosebud Sioux Tribe, and
Lower Brule Sioux Tribe’’ after ‘‘Tribe’’; and
(2) by striking ‘‘or construct’’ and inserting
‘‘construct, maintain, or replace’’.
SEC. 12. USE OF PICK-SLOAN POWER.
(a) IN GENERAL.—Subsection (a) of section 9 (102
Stat. 2570) is amended by striking ‘‘sections 3’’ and in-
serting ‘‘sections 3, 3A, 3B,’’.
(b) POWER TO BE USED.—Subsection (b) of section
9 (102 Stat. 2570) is amended by striking the period at
the end thereof and inserting the following: ‘‘on an annual
basis. For the purposes of this subsection, the term ‘an-
nual basis’ means 12 months out of each calendar year.’’.
(c) ADDITIONAL POWER.—Subsection (d) of section
9 is amended by striking ‘‘is authorized to’’ and all that
follows and inserting the following:
‘‘shall—
‘‘(1) in fulfillment of the Federal Government’s
obligations and responsibilities to provide preference
power to Indian tribes under Pick-Sloan, provide the
Oglala Sioux Rural Water Supply System, Rosebud
Sioux Rural Water Supply System and Lower Brule
Rural Water Supply System with all additional
power necessary at the wholesale firm power rate for
Pick-Sloan (Eastern Division) in effect at the time
power is sold; and
‘‘(2) purchase additional power needed for the
West River Rural Water System and Lyman-Jones
Rural Water System if necessary under such terms
and conditions as the Administrator deems appro-
priate.
Expenses associated with power purchases under para-
graph (2) shall be recovered through a separate power
charge, sufficient to recover these expenses, applied to the
West River Rural Water System and Lyman-Jones Rural
Water System.’’.
(d) (b) DEFINITIONS.—Subsection (e)(1) of section 9
(102 Stat. 2571) is amended by striking ‘‘Supply Sys-
tem,’’ and inserting ‘‘Supply System, the Rosebud Sioux
Rural Water Supply System, the Lower Brule Sioux Rural
Water Supply System,’’.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of the Act (102 Stat. 2571) is amended
to read as follows:
‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) PLANNING, DESIGN, AND CONSTRUCTION.—
There are authorized to be appropriated $263,241,000 for
the planning, design, and construction of the Oglala Sioux
Rural Water Supply System, the Rosebud Sioux Rural
Water Supply System, the Lower Brule Sioux Rural
Water Supply System, the West River Rural Water Supply
System, and the Lyman-Jones Rural Water Supply Sys-
tem described in sections 3, 3A, 3B, and 4. Such funds
are authorized to be appropriated only through the end
of the year 2003. The funds authorized to be appropriated
by the first sentence of this section, less any amounts pre-
viously obligated for the Systems, may be increased or de-
creased by such amounts as may be justified by reason
of ordinary fluctuations in development costs incurred
after October 1, 1992, as indicated by engineering costs
indices applicable for the type of construction involved.
‘‘(b) OPERATION
AND MAINTENANCE
OF OGLALA
SIOUX RURAL WATER SUPPLY SYSTEM, ROSEBUD SIOUX
RURAL WATER SUPPLY SYSTEM
AND LOWER BRULE
SIOUX RURAL WATER SUPPLY SYSTEM.—There are au-
thorized to be appropriated such sums as may be nec-
essary 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. The operation and maintenance ex-
penses associated with water deliveries to the West River
and Lyman-Jones Rural Water Systems are a non-Federal
responsibility and for such deliveries the Secretary shall
enter into a contract with the West River and Lyman-Jones
Systems for the payment of an annual operation and main-
tenance fee. Such fee shall be based on the incremental oper-
ation and maintenance costs for water actually delivered
each year to the West River and Lyman-Jones Rural Water
Systems. Such operation and maintenance payments shall
be increased or decreased by such amounts as may be justi-
fied by reason of ordinary fluctuations as indicated by indi-
ces applicable to comparable regional rural water supply
systems for the type of operation and maintenance involved.
‘‘(c) BIO-DIVERSITY TRUSTS.—There is authorized
to be appropriated $26,500,000 for the establishment, op-
eration, and maintenance of the bio-diversity trusts estab-
lished under sections 6A and 6B of this Act. The Sec-
retary shall utilize $1,500,000 of the funds authorized
under this subsection as start-up funds for the trusts. The
funds authorized by this subsection may be increased by
such amounts as may be justified by reason of ordinary
fluctuations in development costs incurred after January
1, 1994.
‘‘(d) (c) WASTE WATER DISPOSAL SYSTEMS FEA-
SIBILITY STUDIES.—There is authorized to be appro-
priated such sums as may be necessary to complete the
feasibility studies authorized by section 15(c).’’.
SEC. 14. WATER RIGHTS.
Paragraph (5) of section 11 (102 Stat. 2571) is
amended—
(1) by inserting ‘‘rights, benefits, privileges or
claims, including’’ after ‘‘affect any’’;
(2) by inserting ‘‘Rosebud Sioux Tribe and
Lower Brule Sioux Tribe,’’ after ‘‘Tribe,’’ the first
place it appears;
(3) by striking ‘‘the Pine Ridge Indian Reserva-
tion’’ and inserting ‘‘their respective reservations’’;
and
(4) by striking ‘‘Tribe,’’ the second place it ap-
pears and inserting ‘‘Tribe, Rosebud Sioux Tribe,
Lower Brule Sioux Tribe,’’.
SEC. 15. FEASIBILITY STUDIES.
(a) ALTERNATE USES.—Section 3 of Public Law 97–
273, as amended by section 12(b) of Public Law 100–516
(102 Stat. 2572), is amended by striking ‘‘Dakota,’’ and
inserting ‘‘Dakota and all Indian tribes residing on res-
ervations within the State of South Dakota,’’.
(b) WASTE WATER DISPOSAL SYSTEMS.—Section 12
of the Act (102 Stat. 2572) is amended by adding at the
end the following:
‘‘(c) WASTE WATER DISPOSAL SYSTEMS.—(1) The
Secretary is authorized and directed, in consultation with
the Oglala Sioux Tribe, Rosebud Sioux Tribe and Lower
Brule Sioux Tribe, to conduct feasibility studies on the
need to develop waste water disposal facilities and sys-
tems, and rehabilitate existing waste water disposal facili-
ties and systems, on the Pine Ridge Indian Reservation,
Rosebud Indian Reservation and Lower Brule Indian Res-
ervation, and to report to the Congress the findings of
such studies along with his recommendations.
‘‘(2) The feasibility studies authorized under this
subsection shall be completed and presented to Congress
within one year after the date that funds are first made
available by the Secretary to complete the studies.’’.
HR 3954 RH——2
HR 3954 RH——3