II Calendar No. 131 113th CONGRESS 1st Session S. 684 [Report No. 113–74] IN THE SENATE OF THE UNITED STATES April 9, 2013 Mr. Johnson of South Dakota introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources July 15, 2013 Reported by Mr. Wyden , with amendments Omit the part struck through and insert the part printed in italic 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. Short title This Act may be cited as the Mni Wiconi Project Act Amendments of 2013 . 2. Other agency assistance The Mni Wiconi Project Act of 1988 ( Public Law 100–516 ; 102 Stat. 2566; 108 Stat. 4543) is amended by inserting after section 3B the following: 3C. Plans for Completing the Oglala Sioux Rural Water Supply System, Rosebud Sioux Rural Water System, and Lower Brule Sioux Rural Water System (a) Plans for completion (1) In general In consultation with the Oglala Sioux Tribe, the Rosebud Sioux Tribe, and the Lower Brule Sioux Tribe, as applicable, and the Federal agency heads listed in subsection (b)(1), the Secretary shall develop plans to complete the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System. (2) Contents The plan for each water supply system described in paragraph (1) shall require— (A) the completion of remaining components of the applicable system in accordance with the Final Engineering Report dated May 1993; (B) the improvement, repair, and replacement of existing water systems; and (C) the transfer of those existing water systems to the United States, to be held in trust for the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe, as applicable, and made part of the applicable rural water system. (3) Submission to Congress Not later than 2 years after the date of enactment of this section, 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— (A) a copy of each plan developed under this subsection, including a schedule for full implementation of the plan that shall not exceed a period of 15 years after the date of enactment of this section; (B) a report that includes— (i) a description of the roles and responsibilities of each of the heads of the Federal agencies listed in subsection (b)(1) (including the Commissioner of the Bureau of Reclamation) relating to the completion of the water supply systems, including with respect to the improvement, repair, and replacement of the existing water systems before and after transfer; (ii) the program authorities of each Federal agency listed in subsection (b)(1) and a description of how the heads of the Federal agencies will work together to complete and implement the plans; and (iii) the amount of funding and any other need the Secretary determines to be necessary to complete and implement the plans; and (C) as applicable, a description of the roles and responsibilities of the heads of other Federal agencies that have existing authorities to provide assistance to the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe. (b) Interagency agreements (1) In general Notwithstanding any other provision of law, the Secretary shall enter into agreements with the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, the Secretary of Health and Human Services, and the Secretary of Housing and Urban Development— (A) to fulfill the trust responsibility of the United States; and (B) to complete the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System in accordance with the Final Engineering Report dated May 1993, including the transfer of existing water systems , as set forth in the plans for completion developed under subsection (a) . (2) Cooperation (A) In general The heads of the Federal agencies described in paragraph (1) shall assist the Secretary in completing the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System pursuant to sections 3(a), 3A(a), and 3B(a), respectively, including by— (i) improving, repairing, and replacing existing water systems as set forth in the plans developed under subsection (a); and (ii) constructing new rural water facilities, service lines, and other necessary features. (B) Administrator of the Environmental Protection Agency The Administrator of the Environmental Protection Agency shall assist the Secretary in meeting the environmental and safe drinking water needs of the Pine Ridge Indian Reservation, the Rosebud Indian Reservation, and the Lower Brule Indian Reservation, including through compliance with the Safe Drinking Water Act (42 U.S.C. 300f et seq.). (C) Secretary of Health and Human Services The Secretary of Health and Human Services shall assist the Secretary in meeting the water supply and public health needs of the Pine Ridge Indian Reservation, the Rosebud Indian Reservation, and the Lower Brule Indian Reservation, including through compliance with the Act of August 5, 1954 (commonly known as the Indian Sanitation Facilities Act ) ( 42 U.S.C. 2001 et seq. ). (D) Secretary of Housing and Urban Development The Secretary of Housing and Urban Development shall assist the Secretary by carrying out projects to connect houses that are eligible for funding from the Department of Housing and Urban Development on the reservations of the Oglala Sioux Tribe, the Rosebud Sioux Tribe, and the Lower Brule Sioux Tribe, through plumbing, water pipes, appurtenances, and interconnections to the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System, respectively, to meet the water conservation standards of those water supply systems. (3) Livestock distribution systems (A) In general The Secretary and the Secretary of Agriculture shall, through the use of authorities of the Bureau of Indian Affairs and the Department of Agriculture, respectively, complete, during a period not to exceed 15 years after the date of enactment of this section, the livestock distribution system for the Oglala Sioux Rural Water Supply System and the Rosebud Sioux Rural Water System, consistent with the Final Engineering Report dated May 1993. (B) Administration For each water supply system described in subparagraph (A), the Secretary shall enter into agreements with the Secretary of Agriculture and the Director of the Bureau of Indian Affairs that set forth the specific responsibilities of each agency concerning the construction of the livestock distribution systems. (4) Lead agency The Department of the Interior, acting through the Bureau of Reclamation, shall act as the lead agency in carrying out this section. (5) Administration (A) In general Each agency head 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 authority authorities . (B) Authorization of use of other Federal agency funds Amounts made available to agencies other than the Bureau of Reclamation may also be used to carry out this Act. (C) Additional funding requests Nothing in this subsection prohibits the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe from applying for, seeking, or obtaining amounts from the Federal agencies referred to in paragraph (1) for any other purpose. (c) 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, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water 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 areas are able to meet the standards for connecting to those water systems. . 3. 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 2016 ; 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 inserting the following: (1) Operation and maintenance (A) In general There are ; (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 water systems upgrades (A) In general Not later than 5 years after the date of enactment of the Mni Wiconi Project Act Amendments of 2013 , each public or tribal water system that is in existence on the date of enactment of this paragraph shall be transferred to the applicable rural water supply system, to be held in trust by the United States for the benefit of the applicable Indian tribe, on the request of the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe, as applicable, and the owner of the water system. (A) In general After the date on which public or tribal water systems on the Pine Ridge Indian Reservation, the Rosebud Indian Reservation, and the Lower Brule Indian Reservation that are in existence on the date of enactment of this paragraph have been brought up to the standards for the water systems established in the plans developed under section 3C(a), but not later than 15 years after the date of enactment of this paragraph, title to each of the water systems shall be transferred to the United States, to be held in trust for the benefit of the applicable Indian tribe, on the request of the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe, as applicable, and the owner of the water system. (B) Improvements and repairs and replacement The Secretary shall use amounts authorized to be appropriated under paragraph (1) for the improvement, repair, and replacement of any water system that is transferred or proposed to be transferred proposed, by request of the owner of the water system, to be transferred and improved under subparagraph (A). .

July 15, 2013 Reported with amendments