[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2066 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2066

  To expand the Mni Wiconi Rural Water Supply Project, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                  May 3 (legislative day, May 2), 1994

  Mr. Daschle (for himself and Mr. Pressler) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           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repealed, such amendment or repeal shall be considered to be made to 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.--Section 2(a) 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;
            (3) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) the lack of water supplies on the Rosebud Reservation 
        and Lower Brule Indian Reservation restrict efforts to promote 
        economic development on those reservations;'';
            (4) 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
            (5) 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.--Section 2(b) 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.--Section 3(a) 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.--Section 3(d) is amended--
            (1) by striking ``West River Rural Water System, and'' and 
        inserting ``West River Rural Water System, the Rosebud Sioux 
        Rural Water System, the Lower Brule Sioux Rural Water System, 
        and''; and
            (2) by striking ``three systems'' and inserting ``five 
        systems authorized under this Act''.
    (c) Title to System.--Section 3(e) 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 shall 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 Supply 
        System to the Rosebud Indian Reservation;
            ``(3) facilities to allow for interconnections with the 
        Lyman-Jones Rural Water 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 
        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 determines to be necessary and appropriate to 
        meet the water supply and the economic, public health, and 
        environmental needs of the reservation, including 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 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) Each cooperative agreement entered into under this 
        subsection shall set forth, in a manner acceptable to the 
        Secretary--
                    ``(A) the responsibilities of the parties for--
                            ``(i) needs assessment, feasibility, and 
                        environmental studies;
                            ``(ii) engineering and design;
                            ``(iii) construction;
                            ``(iv) water conservation measures; and
                            ``(v) administration of any contracts with 
                        respect to this subparagraph;
                    ``(B) the procedures and requirements for approval 
                and acceptance of design and construction; and
                    ``(C) the rights, responsibilities, and liabilities 
                of each party to the agreement.
            ``(3) Each cooperative agreement may include provisions for 
        the 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 may 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 in 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 Sioux 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 shall 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 operation and management training.
    ``(g) Application of the Indian Self-Determination and Education 
Assistance Act.--Planning, design, construction, and operation of the 
Rosebud Sioux Rural Water System shall be subject to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.).

``SEC. 3B. LOWER BRULE SIOUX RURAL WATER SYSTEM.

    ``(a) Authorization.--The Secretary shall 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 System;
            ``(4) distribution and treatment facilities to serve the 
        needs of the Lower Brule Indian Reservation, including 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 determines to be necessary and appropriate to 
        meet the water supply and economic, public health, and 
        environmental needs of the reservation, including 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 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) Each cooperative agreement entered into under this 
        subsection shall set forth, in a manner acceptable to the 
        Secretary--
                    ``(A) the responsibilities of the parties for--
                            ``(i) needs assessment, feasibility, and 
                        environmental studies;
                            ``(ii) engineering and design;
                            ``(iii) construction;
                            ``(iv) water conservation measures; and
                            ``(v) administration of any contracts with 
                        respect to this subparagraph;
                    ``(B) the procedures and requirements for approval 
                and acceptance of design and construction; and
                    ``(C) the rights, responsibilities, and liabilities 
                of each party to the agreement.
            ``(3) Each cooperative agreement may include provisions for 
        the 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 may 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 in 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 shall 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 operation and management 
training.
    ``(g) Application of the Indian Self-Determination and Education 
Assistance Act.--Planning, design, construction, and operation of the 
Lower Brule Sioux Rural Water System shall be subject to the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 450 et 
seq.).''.

SEC. 6. WEST RIVER RURAL WATER SYSTEM AND LYMAN-JONES RURAL WATER 
              SYSTEM.

    (a) Service Area.--Section 4(d) is amended by striking the period 
at the end and inserting ``, and the Final Engineering Report dated May 
1993.''.
    (b) Interconnection of Facilities and Waiver of Charges.--Section 4 
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 may 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, the Rosebud Sioux Rural 
Water System, and the Lower Brule Rural Water System.''.

SEC. 7. WATER CONSERVATION.

    Section 5 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 LOSES.

    Section 6 is amended--
            (1) in subsection (a)--
                    (A) in the heading, by inserting ``, Rosebud Sioux 
                Rural Water System, Lower Brule Sioux Rural Water 
                System,'' after ``Supply System''; and
                    (B) by inserting ``Rosebud Sioux Rural Water 
                System, Lower Brule Sioux Rural Water 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 
the recommendations 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. The 
grants shall be expended as provided in the Final Engineering Report 
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 the Trust--
            ``(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 fewer 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 the 
following conditions are met:
            ``(1) Each Trust shall be 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 projects 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 of 
                ecosystems by native flora and fauna;
                    ``(D) control or eliminate exotic flora and fauna 
                that 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 shall be 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.
            ``(3) Trust funds shall be 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 where--
                    ``(A) the principal will be inviolate, but income 
                from the principal will be used to accomplish the goals 
                of the trust; and
                    ``(B) expenditures of all funds from each trust 
                account are based on an annual budget approved by the 
                Secretary.
            ``(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 the 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 Appropriations, the Committee on Energy and Natural 
Resources, and the Committee on Indian Affairs of the Senate, and the 
Committee on Appropriations and the Committee on Natural Resources of 
the House of Representatives.

``SEC. 6B. ESTABLISHMENT OF THE WEST RIVER AND LYMAN-JONES BIO-
              DIVERSITY TRUSTS.

    ``(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 5 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 shall be established and operated as a 
        nonprofit corporation under the laws of the State of South 
        Dakota.
            ``(2) The corporate purposes of each Trust shall be 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 shall be under the direction of a Board of 
        Trustees having 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 shall be comprised of not 
        fewer 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 Trusts.--The West River and 
Lyman-Jones Bio-Diversity Trusts shall be deemed to be operating in 
accordance with this section if the following conditions are met:
            ``(1) Each Trust shall be 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 
                that 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 shall be 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.
            ``(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 Trusts.--
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 Trusts.--The Secretary shall 
annually report on the operation and management of each Trust to the 
Committee on Energy and Natural Resources and the Committee on 
Appropriations of the Senate, and the Committee on Natural Resources 
and the Committee on Appropriations of the House of Representatives.''.

SEC. 10. PROHIBITION OF USE OF FUNDS FOR IRRIGATION PURPOSES.

    Section 7 is amended by inserting ``the Rosebud Sioux Rural Water 
System, the Lower Brule Rural Water Supply System,'' after ``Supply 
System,''.

SEC. 11. RULE OF CONSTRUCTION.

    Section 8 is amended--
            (1) by inserting ``, the Rosebud Sioux Tribe, and the Lower 
        Brule Sioux Tribe'' after ``Tribe''; and
            (2) by striking ``or construct'' and inserting ``construct, 
        maintain, or replace''.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    Section 10 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 System, the Lower Brule Sioux Rural Water System, the West River 
Rural Water Supply System, and the Lyman-Jones Rural Water 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 System, and Lower Brule Sioux Rural 
Water 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 System, and Lower 
Brule Sioux Rural Water 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) Wastewater Disposal Systems Feasibility Studies.--There is 
authorized to be appropriated such sums as may be necessary to complete 
the feasibility studies authorized by section 12(c).''.

SEC. 13. WATER RIGHTS.

    Section 11(5) is amended--
            (1) by inserting ``rights, benefits, privileges or claims, 
        including'' after ``affect any'';
            (2) by inserting ``the Rosebud Sioux Tribe, and the 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, the Rosebud Sioux Tribe, the Lower Brule 
        Sioux Tribe,''.

SEC. 14. FEASIBILITY STUDIES.

    (a) Alternate Uses.--Section 3 of Public Law 97-273, as amended by 
section 12(b) of the Mni Wiconi Project Act of 1988, is amended by 
inserting ``and all Indian tribes residing on reservations within the 
State of South Dakota,'' after ``South Dakota,'' the first place it 
appears.
    (b) Wastewater Disposal Systems.--Section 12 is amended by adding 
at the end the following new subsection:
    ``(c) Wastewater Disposal Systems.--(1) The Secretary shall, in 
consultation with the Oglala Sioux Tribe, the Rosebud Sioux Tribe, and 
the Lower Brule Sioux Tribe, conduct feasibility studies on the need to 
develop wastewater disposal facilities and systems, and rehabilitate 
existing wastewater 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 
with the recommendations of the Secretary.
    ``(2) The feasibility studies authorized under this subsection 
shall be completed and presented to the Congress not later than 1 year 
after the date that funds are first made available by the Secretary to 
complete the studies.''.

                                 <all>

S 2066 IS----2