[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3954 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 3954

  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

_______________________________________________________________________

                                 A BILL


 
  To expand the Mni Wiconi Rural Water Supply Project, 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 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repealed, such amendment or repeal shall be considered to be made to 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 Reservation, 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 paragraph (2) of 
        this subsection, by striking ``Reservation;'' and inserting 
        ``Reservation, Rosebud Indian Reservation, and Lower Brule 
        Indian Reservation;''; and
            (4) in paragraph (6), as redesignated by paragraph (2) of 
        this subsection, by inserting ``Rosebud Indian Reservation and 
        Lower Brule Indian Reservation,'' after ``Reservation,''.
    (b) Purpose.--Subsection (b) of section 2 (102 Stat. 2566) is 
amended by inserting ``, Rosebud Indian Reservation, and Lower Brule 
Indian Reservation'' after ``Reservation'' 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 Report dated May, 1993.''; 
        and
            (2) by amending paragraph (3) to read as follows:
            ``(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 System;''.
    (b) Construction Requirements.--Subsection (d) of such section (102 
Stat. 2568) is amended--
            (1) by striking ``West River Rural Water System, and''; 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 section (102 Stat. 
2568) is amended by inserting ``or encumbered'' after ``transferred''.

SEC. 5. 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 system, to be known as the Rosebud Sioux 
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 
Supply Project dated May, 1993. The Rosebud Sioux Rural Water system 
shall consist of--
            ``(1) necessary pumping and treatment facilities;
            ``(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 distribution 
        facilities necessary for services to water systems facilities; 
        and
            ``(8) such other pipelines, pumping plants, and facilities 
        as the Secretary deems necessary and appropriate 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 
        municipalities.
    ``(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 Secretary, with 
        the concurrence of the Rosebud Sioux Tribal Council, shall 
        enter into cooperative agreements with the appropriate non-
        Federal entity or entities for planning, designing, 
        constructing, operating, 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 administration of any 
                contracts with respect to this subparagraph;
                    ``(B) the procedures and requirements for approval 
                and acceptance of such design and construction; and
                    ``(C) the rights, responsibilities, and liabilities 
                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 tribal members and other residents 
        located on the Rosebud 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 agreement 
        authorized under this section, the Secretary is authorized to 
        transfer to the appropriate non-Federal 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 Rosebud 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 pumping plants, pipelines, 
treatment facilities, and other appurtenant facilities for the Rosebud 
Sioux Rural Water System 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 Supply Project 
dated May, 1993, taking into account the effects 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 associated 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 transferred or encumbered without a subsequent 
Act of Congress.
    ``(f) Technical Assistance.--The Secretary is authorized 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-Determination Act.--Planning, 
design, construction, and operation of the Rosebud Sioux Rural Water 
System shall be subject to the provisions of the Indian Self-
Determination 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 system, 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 facilities;
            ``(2) pipelines extending from the points of 
        interconnections with the Oglala Sioux Rural Water Supply 
        System to the Lower Brule 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 Lower Brule Indian Reservation, 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 Lower Brule Indian 
        Reservation;
            ``(5) appurtenant buildings and property rights;
            ``(6) necessary property and property rights;
            ``(7) electrical power transmission and distribution 
        facilities necessary for services to water systems facilities; 
        and
            ``(8) such other pipelines, pumping plants, and facilities 
        as the Secretary deems necessary and appropriate 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 
        municipalities.
    ``(b) Agreement With Non-Federal Entity To Plan, Design, Construct, 
Operate and Maintain the Lower Brule Sioux Rural Water Supply System.--
            ``(1) In carrying out subsection (a), the Secretary, 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, operating, maintaining, and replacing the Lower 
        Brule Sioux Rural Water System.
            ``(2) Such cooperate 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 administration of any 
                contracts with respect to this subparagraph;
                    ``(B) the procedures and requirements for approval 
                and acceptance of such design and construction; and
                    ``(C) the rights, responsibilities, and liabilities 
                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 tribal 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 agreement 
        authorized under this section, the Secretary is authorized to 
        transfer to the appropriate non-Federal entity, on a 
        nonreimbursable basis, the funds 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 pumping plants, pipelines, 
treatment facilities, and other appurtenant facilities for the Lower 
Brule Sioux Rural Water System shall be planned and constructed to a 
size sufficient 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 described 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 interconnected 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 authorized 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-Determination Act.--Planning, 
design, construction, and operation of the Lower Brule Sioux Rural 
Water System shall be subject to the provisions of the Indian Self-
Determination Act (Public Law 93-638, 25 U.S.C. 450).''.

SEC. 6. 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 
subsection:
    ``(f) Interconnection of Facilities and Waiver of Charges.--The 
Secretary is authorized to interconnect 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 facilities of the Oglala Sioux Rural Water Supply System, 
Rosebud Rural Water System and Lower Brule Rural Water System.''.

SEC. 7. 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 (including the Oglala Sioux Tribe, Rosebud 
Sioux Tribe, and Lower Brule Sioux Tribe)''.

SEC. 8. 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 
                System,'' 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 residing 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 review 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-DIVERSITY TRUSTS.

    The Act is amended by inserting after section 6 the following new 
sections:

``SEC. 6A. ESTABLISHMENT OF THE OGLALA SIOUX, ROSEBUD SIOUX AND LOWER 
              BRULE SIOUX BIO-DIVERSITY TRUSTS.

    ``(a) Authorization.--The Secretary shall make Federal grants to 
the Oglala Sioux, Rosebud Sioux and Lower Brule Sioux Bio-Diversity 
Trusts. The Federal contribution 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 section 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 funding to 
        projects that restore, protect and enhance wildlife and 
        wildlife habitat;
            ``(3) is under the direction of a Board of Trustees that--
                    ``(A) has the power to manage all the affairs of 
                the corporation, including administration, 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-Diversity 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 provide funding 
        to projects that protect, restore and maintain plant and animal 
        communities and large-scale natural ecosystems in accordance 
        with its corporate purposes. Projects eligible for funding 
        include those that--
                    ``(A) reconstitute natural biological diversity 
                that has been diminished;
                    ``(B) assist the recovery of species populations, 
                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 recruitment 
                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 viability, 
                defensibility and management of preserves; and
                    ``(H) restore natural hydrological effects 
                including sediment and erosion control drainage, 
                percolation and other water quality improvement 
                capacity;
            ``(2) each Trust is managed in a fiscally responsible 
        fashion by investing in private and public financial vehicles 
        approved by the Secretary with the goal of producing income and 
        preserving principle;
            ``(3) trust funds are deposited in financial institutions 
        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 expenditures 
        of all funds from each trust account shall be based on an 
        annual budget approved 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 Oglala Sioux Rural Water Supply System, the 
Rosebud 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 management of each Trust to the 
Committee on Natural Resources 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 restore, protect and 
        enhance wildlife and wildlife habitat 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 administration, data collection, and 
        implementation of the purposes 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 provide funding 
        to projects that protect, restore and maintain plant and animal 
        communities and large-scale natural ecosystems in accordance 
        with its corporate purposes. Projects eligible for funding by 
        the Trust include those that--
                    ``(A) reconstitute natural biological diversity 
                that has been diminished;
                    ``(B) assist the recovery of species populations, 
                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 recruitment 
                and survival of fish, waterfowl and other wildlife;
                    ``(F) add to structural and compositional values of 
                existing preserves or enhance the viability, 
                defensibility and management of preserves; and
                    ``(G) restore natural hydrological effects 
                including sediment and erosion control drainage, 
                percolation and other water quality improvement 
                capacity;
            ``(2) each trust is managed in a fiscally responsible 
        fashion by investing in private and public financial 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 approved 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 management of each Trust to the 
Committee on Natural Resources and the Committee on Appropriations of 
the House of Representatives and the Committee on Energy and Natural 
Resources and the Committee on Appropriations 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 System, 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, 
        operate, 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 inserting ``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 `annual 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 appropriate.
Expenses associated with power purchases under paragraph (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) Definitions.--Subsection (e)(1) of section 9 (102 Stat. 2571) 
is amended by striking ``Supply System,'' 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 System 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 previously obligated for the Systems, 
may be increased or decreased 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 authorized to be appropriated 
such sums as may be 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.
    ``(c) Bio-Diversity Trusts.--There is authorized to be appropriated 
$26,500,000 for the establishment, operation, and maintenance of the 
bio-diversity trusts established under sections 6A and 6B of this Act. 
The Secretary 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) Waste Water Disposal Systems Feasibility Studies.--There is 
authorized to be appropriated 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 Reservation'' and 
        inserting ``their respective reservations''; and
            (4) by striking ``Tribe,'' the second place it appears 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 reservations 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 
systems, and rehabilitate existing waste water disposal facilities and 
systems, on the Pine Ridge Indian Reservation, Rosebud Indian 
Reservation and Lower Brule Indian Reservation, 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.''.

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