IB
Union Calendar No. 435
103D CONGRESS
2D SESSION
H. R. 3954
[Report No. 103–789]
To expand the Mni Wiconi Rural Water Supply Project, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 3, 1994
Mr. JOHNSON of South Dakota introduced the following bill; which was
referred to the Committee on Natural Resources
OCTOBER 3, 1994
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Omit the part struck through and insert the part printed in italic]
A BILL
To expand the Mni Wiconi Rural Water Supply Project,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Mni Wiconi Act
Amendments of 1994’’.
SEC. 2. REFERENCE.
Whenever in this Act a section or other provision is
amended or repealed, such amendment or repeal shall be
considered to be made to that section or other provision
of the Mni Wiconi Project Act of 1988 (102 Stat. 2566).
SEC. 3. FINDINGS AND PURPOSES.
(a) FINDINGS.—Subsection (a) of section 2 (102
Stat. 2566) is amended—
(1) in paragraph (1), by striking ‘‘Reservation’’
and inserting ‘‘Reservation, Rosebud Indian Res-
ervation, and Lower Brule Indian Reservation’’;
(2) by redesignating paragraphs (3), (4), and
(5) as paragraphs (4), (5), and (6), respectively, and
by inserting after paragraph (2) the following new
paragraph:
‘‘(3) the lack of water supplies on the Rosebud
Reservation and Lower Brule Reservation restrict
efforts to promote economic development on those
reservations;’’;
(3) in paragraph (5), as redesignated by para-
graph (2) of this subsection, by striking ‘‘Reserva-
tion;’’ and inserting ‘‘Reservation, Rosebud Indian
Reservation, and Lower Brule Indian Reservation;’’;
and
(4) in paragraph (6), as redesignated by para-
graph (2) of this subsection, by inserting ‘‘Rosebud
Indian Reservation and Lower Brule Indian Res-
ervation,’’ after ‘‘Reservation,’’.
(b) PURPOSE.—Subsection (b) of section 2 (102 Stat.
2566) is amended by inserting ‘‘, Rosebud Indian Reserva-
tion, and Lower Brule Indian Reservation’’ after ‘‘Res-
ervation’’ each place it appears.
SEC. 4. OGLALA SIOUX RURAL WATER SUPPLY SYSTEM.
(a) AUTHORIZATION.—Subsection (a) of section 3
(102 Stat. 2567) is amended—
(1) in the matter preceding paragraph (1), by
striking ‘‘1988.’’ and inserting ‘‘1988, and as more
specifically described in the Final Engineering Re-
port dated May, 1993.’’; and
(2) by amending paragraph (3) to read as fol-
lows:
‘‘(3) facilities to allow for interconnections with
the West River Rural Water System, Lyman-Jones
Rural Water System, Rosebud Sioux Rural Water
System, and Lower Brule Sioux Rural Water Sys-
tem;’’.
(b) CONSTRUCTION REQUIREMENTS.—Subsection (d)
of such section (102 Stat. 2568) is amended—
(1) by striking ‘‘West River Rural Water Sys-
tem, and the Lyman-Jones Rural Water System,’’;
and by inserting ‘‘West River Rural Water System,
the Lyman-Jones Rural Water System, the Rosebud
Sioux Rural Water System, and the Lower Brule
Sioux Rural Water System,’’; and
(2) by striking ‘‘three systems’’ and inserting
‘‘five systems authorized under this Act’’.
(c) TITLE TO SYSTEM.—Subsection (e) of such sec-
tion (102 Stat. 2568) is amended by inserting ‘‘or encum-
bered’’ after ‘‘transferred’’.
SEC. 5. WEST RIVER RURAL WATER SYSTEM AND LYMAN-
JONES RURAL WATER SYSTEM.
Section 4(a) of the Act is amended—
(1) in paragraph (2), by striking out ‘‘65 per
centum’’ and inserting in lieu thereof ‘‘80 percent’’;
and
(2) in paragraph (3), by striking out ‘‘35 per
centum’’ and inserting in lieu thereof ‘‘20 percent’’.
SEC. 5. 6. ROSEBUD SIOUX RURAL WATER SYSTEM AND
LOWER BRULE SIOUX RURAL WATER SYSTEM.
The Act is amended by inserting after section 3 the
following:
‘‘SEC. 3A. ROSEBUD SIOUX RURAL WATER SYSTEM.
‘‘(a) AUTHORIZATION.—The Secretary is authorized
and directed to plan, design, construct, operate, maintain,
and replace a municipal, rural, and industrial water sys-
tem, to be known as the Rosebud Sioux Rural Water Sys-
tem, as generally described in the Rosebud Sioux Tribe
Municipal, Rural and Industrial Water Needs Assessment,
dated July 1993, and the Final Engineering Report for
the Mni Wiconi Rural Water Supply Project dated May,
1993. The Rosebud Sioux Rural Water system shall con-
sist of—
‘‘(1) necessary pumping and treatment facili-
ties;
‘‘(2) pipelines extending from the points of
interconnections with the Oglala Sioux Rural Water
System to the Rosebud Indian Reservation;
‘‘(3) facilities to allow for interconnections with
the Lyman-Jones Rural Water Supply System;
‘‘(4) distribution and treatment facilities to
serve the needs of the Rosebud Indian Reservation,
and other areas described in the Rosebud Sioux
Tribe Municipal, Rural and Industrial Water Needs
Assessment, dated July 1993, including (but not
limited to) the purchase, improvement and repair of
existing water systems, including systems owned by
individual tribal members and other residents of the
Rosebud Indian Reservation;
‘‘(5) appurtenant buildings and property rights;
‘‘(6) necessary property and property rights;
‘‘(7) electrical power transmission and distribu-
tion facilities necessary for services to water systems
facilities; and
‘‘(8) such other pipelines, pumping plants, and
facilities as the Secretary deems necessary and ap-
propriate to meet the water supply, economic, public
health, and environmental needs of the reservation,
including (but not limited to) water storage tanks,
water lines, and other facilities for the Rosebud
Sioux Tribe and reservation villages, towns, and mu-
nicipalities.
‘‘(b) AGREEMENT WITH NON-FEDERAL ENTITY TO
PLAN, DESIGN, CONSTRUCT, OPERATE AND MAINTAIN
THE ROSEBUD SIOUX RURAL WATER SUPPLY SYSTEM.—
‘‘(1) In carrying out subsection (a), the Sec-
retary, with the concurrence of the Rosebud Sioux
Tribal Council, shall enter into cooperative agree-
ments with the appropriate non-Federal entity or en-
tities for planning, designing, constructing, operat-
ing, maintaining, and replacing the Rosebud Sioux
Rural Water System.
‘‘(2) Such cooperative agreements shall set
forth, in a manner acceptable to the Secretary—
‘‘(A) the responsibilities of the parties for
needs assessment, feasibility, and environmental
studies; engineering and design; construction;
water conservation measures; and administra-
tion of any contracts with respect to this sub-
paragraph;
‘‘(B) the procedures and requirements for
approval and acceptance of such design and
construction; and
‘‘(C) the rights, responsibilities, and liabil-
ities of each party to the agreement.
‘‘(3) Such cooperative agreements may include
purchase, improvement, and repair of existing water
systems, including systems owned by individual trib-
al members and other residents located on the Rose-
bud Indian Reservation.
‘‘(4) The Secretary may unilaterally terminate
any cooperative agreement entered into pursuant to
this section if the Secretary determines that the
quality of construction does not meet all standards
established for similar facilities constructed by the
Secretary or that the operation and maintenance of
the system does not meet conditions acceptable to
the Secretary for fulfilling the obligations of the
United States to the Rosebud Sioux Tribe.
‘‘(5) Upon execution of any cooperative agree-
ment authorized under this section, the Secretary is
authorized to transfer to the appropriate non-Fed-
eral entity, on a nonreimbursable basis, the funds
authorized to be appropriated by section 10(a) for
the Rosebud Sioux Rural Water System.
‘‘(c) SERVICE AREA.—The service area of the Rose-
bud Sioux Rural Water System shall extend to all of Todd
County, South Dakota, and to all other territory and lands
generally described in the Rosebud Sioux Tribe Municipal,
Rural and Industrial Water Needs Assessment, dated July
1993 and the Final Engineering Report for the Mni
Wiconi Rural Water Supply Project dated May 1993.
‘‘(d) CONSTRUCTION REQUIREMENTS.—The pump-
ing plants, pipelines, treatment facilities, and other appur-
tenant facilities for the Rosebud Sioux Rural Water Sys-
tem shall be planned and constructed to a size sufficient
to meet the municipal, rural and industrial water supply
requirements of the Rosebud Sioux Tribe and the Lyman-
Jones Rural Water System, as generally described in the
Rosebud Sioux Tribe Municipal, Rural and Industrial
Water Needs Assessment, dated July 1993, and the Final
Engineering Report for the Mni Wiconi Rural Water Sup-
ply Project dated May, 1993, taking into account the ef-
fects of the conservation plans described in section 5. The
Rosebud Rural Water System and Lyman-Jones Rural
Water System may be interconnected and provided with
water service from common facilities. Any joint costs asso-
ciated with common facilities shall be allocated to the
Rosebud Sioux Rural Water System.
‘‘(e) TITLE TO SYSTEM.—Title to the Rosebud Sioux
Rural Water System shall be held in trust for the Rosebud
Sioux Tribe by the United States and shall not be trans-
ferred or encumbered without a subsequent Act of Con-
gress.
‘‘(f) TECHNICAL ASSISTANCE.—The Secretary is au-
thorized and directed to provide such technical assistance
as may be necessary to the Rosebud Sioux Tribe to plan,
develop, construct, operate, maintain, and replace the
Rosebud 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 Rosebud Sioux Rural Water System shall
be subject to the provisions of the Indian Self-Determina-
tion Act (Public Law 93–638, 25 U.S.C. 450).
‘‘SEC. 3B. LOWER BRULE SIOUX RURAL WATER SYSTEM.
‘‘(a) AUTHORIZATION.—The Secretary is authorized
and directed to plan, design, construct, operate, maintain,
and replace a municipal, rural, and industrial water sys-
tem, to be known as the Lower Brule Sioux Rural Water
System, as generally described in the Final Engineering
Report for the Mni Wiconi Rural Water Supply Project,
dated May 1993. The Lower Brule Sioux Rural Water
System shall consist of—
‘‘(1) necessary pumping and treatment facili-
ties;
‘‘(2) pipelines extending from the points of
interconnections with the Oglala Sioux Rural Water
Supply System to the Lower Brule Indian Reserva-
tion;
‘‘(3) facilities to allow for interconnections with
the Lyman-Jones Rural Water Supply System;
‘‘(4) distribution and treatment facilities to
serve the needs of the Lower Brule Indian Reserva-
tion, including (but not limited to) the purchase, im-
provement and repair of existing water systems, in-
cluding systems owned by individual tribal members
and other residents of the Lower Brule Indian Res-
ervation;
‘‘(5) appurtenant buildings and property rights;
‘‘(6) necessary property and property rights;
‘‘(7) electrical power transmission and distribu-
tion facilities necessary for services to water systems
facilities; and
‘‘(8) such other pipelines, pumping plants, and
facilities as the Secretary deems necessary and ap-
propriate to meet the water supply, economic, public
health, and environmental needs of the reservation,
including (but not limited to) water storage tanks,
water lines, and other facilities for the Lower Brule
Sioux Tribe and reservation villages, towns and mu-
nicipalities.
‘‘(b) AGREEMENT WITH NON-FEDERAL ENTITY TO
PLAN, DESIGN, CONSTRUCT, OPERATE AND MAINTAIN
THE LOWER BRULE SIOUX RURAL WATER SUPPLY SYS-
TEM.—
‘‘(1) In carrying out subsection (a), the Sec-
retary, with the concurrence of the Lower Brule
Sioux Tribal Council, shall enter into cooperative
agreements with the appropriate non-Federal entity
or entities for planning, designing, constructing, op-
erating, maintaining, and replacing the Lower Brule
Sioux Rural Water System.
‘‘(2) Such cooperate cooperative agreements
shall set forth, in a manner acceptable to the Sec-
retary—
‘‘(A) the responsibilities of the parties for
needs assessment, feasibility, and environmental
studies; engineering and design, construction;
water conservation measures; and administra-
tion of any contracts with respect to this sub-
paragraph;
‘‘(B) the procedures and requirements for
approval and acceptance of such design and
construction; and
‘‘(C) the rights, responsibilities, and liabil-
ities of each party to the agreement.
‘‘(3) Such cooperative agreements may include
purchase, improvement, and repair of existing water
systems, including systems owned by individual trib-
al members and other residents located on the
Lower Brule Indian Reservation.
‘‘(4) The Secretary may unilaterally terminate
any cooperative agreement entered into pursuant to
this section if the Secretary determines that the
quality of construction does not meet all standards
established for similar facilities constructed by the
Secretary or that the operation and maintenance of
the system does not meet conditions acceptable to
the Secretary for fulfilling the obligations of the
United States to the Lower Brule Sioux Tribe.
‘‘(5) Upon execution of any cooperative agree-
ment authorized under this section, the Secretary is
authorized to transfer to the appropriate non-Fed-
eral entity, on a nonreimbursable basis, the funds