II 112th CONGRESS 2d Session S. 3464 IN THE SENATE OF THE UNITED STATES July 31, 2012 Mr. Johnson of South Dakota introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 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 2012.
2.
Clarification
Section 2(b)(1) of the Mni Wiconi Project Act of 1988 (Public Law 100–516; 102 Stat. 2566; 108 Stat. 4539) is amended by striking in South Dakota.
3.
Oglala Sioux Rural Water Supply System
(a)
Service area
Section 3(c) of the Mni Wiconi Project Act of 1988 (Public Law 100–516; 102 Stat. 2568) is amended by inserting , including the tract of land in the State of Nebraska set aside as part of the Pine Ridge Indian Reservation by the Executive order dated February 20, 1904 before the period at the end. (b)
Other agency assistance
Section 3 of the Mni Wiconi Project Act of 1988 (Public Law 100–516; 102 Stat. 2568; 106 Stat. 4661; 108 Stat. 4539) is amended by adding at the end the following: (i)
Plan for completing the Oglala Sioux Rural Water Supply System
(1)
In general
In carrying out paragraphs (4) and (8) of subsection (a) and subsection (b)(3), the Secretary shall develop, in consultation with the Oglala Sioux Tribe and the Federal agencies listed in subsection (j), a plan for completing the Oglala Sioux Rural Water Supply System, including the improvement, repair, and replacement of existing water systems on the Pine Ridge Indian Reservation and the transfer of those systems to the United States to be held in trust for the Oglala Sioux Tribe and made part of the Oglala Sioux Rural Water Supply System. (2)
Contents
Not later than 2 years after the date of enactment of this subsection, 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 the plan described in paragraph (1), which shall include— (A)a schedule for full implementation of the plan; (B)a report that includes— (i)a description of the roles and responsibilities of the Federal agencies referred to in subsection (j) (including the Bureau of Reclamation) for completing the improvement, repair, and replacement of the existing water systems; (ii)the program authorities of each Federal agency and a description of how those agencies will work together to complete and implement the plan; and (iii)the funding requirements and other needs necessary to complete and implement the plan; and (C)as applicable, a description of the roles and responsibilities of other Federal agencies that have existing authorities to provide assistance to the Oglala Sioux Tribe. (j)
Interagency agreements
(1)
In general
Notwithstanding any other provision of law, after the date on which the Secretary submits the plan under subsection (i) to Congress, the Secretary shall enter into agreements with the agency heads described in paragraph (4) to fulfill the trust responsibility of the United States and complete the Oglala Sioux Rural Water Supply System in accordance with the Final Engineering Report dated May 1993, including the transfer of existing systems. (2)
Lead agency
The Department of the Interior, acting through the Bureau of Reclamation, shall act as the lead agency in carrying out this section. (3)
Administration
(A)
In general
Each agency head described in paragraph (4) 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 programmatic authority. (B)
Additional funding requests
Nothing in this subsection prohibits the Oglala Sioux Tribe from applying for, seeking, or obtaining amounts from the agency heads described in paragraph (4) for any other purpose. (4)
Agency responsibilities
The agency heads referred to in this subsection are— (A)the Administrator of the Environmental Protection Agency, who shall assist the Secretary in— (i)meeting the environmental and safe drinking water needs of the Pine Ridge Indian Reservation, including complying with the Safe Drinking Water Act (42 U.S.C. 300f et seq.); and (ii)completing the Oglala Sioux Rural Water Supply System, including by— (I)improving and repairing existing water systems as set forth in the plan under subsection (i); and (II)constructing new rural water facilities, service lines, and other necessary features; (B)the Secretary of Agriculture, who, through the rural development program and other applicable programs of the Department, shall assist the Secretary in completing the Oglala Sioux Rural Water Supply System, including by— (i)improving and repairing existing water systems as set forth in the plan under subsection (i); and (ii)constructing new rural water facilities, service lines, and other necessary features; (C)the Secretary of Health and Human Services, who, acting through the Director of the Indian Health Service, shall assist the Secretary in meeting the water supply and public health needs of the Pine Ridge Indian Reservation under subsection (a)(8), including by— (i)improving and repairing existing water systems as set forth in the plan under subsection (i); (ii)constructing new rural water facilities, service lines, and other necessary features; and (iii)complying with the Act of August 5, 1954 (commonly known as the Indian Sanitation Facilities Act) (68 Stat. 674); and (D)the Secretary of Housing and Urban Development, who shall assist the Secretary in completing the Oglala Sioux Rural Water Supply System pursuant to subsection (a)(8), including by— (i)improving and repairing existing water systems as set forth in the plan under subsection (i); and (ii)completing the plumbing, water pipes, appurtenances, and interconnections of houses to the Oglala Sioux Rural Water Supply System to meet the water conservation standards of the system. (k)
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 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 area are able to meet the standards for connecting to the Oglala Sioux Rural Water Supply System. (l)
Livestock distribution system
(1)
In general
The Secretary and the Secretary of Agriculture shall, through the use of the water resources development authorities of the Bureau of Indian Affairs and the environmental quality incentives program established under chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.), respectively, complete, during a period not to exceed 15 years, the livestock distribution system for the Oglala Sioux Rural Water Supply System consistent with the Final Engineering Report dated May 1993. (2)
Requirements
In carrying out this subsection— (A)the Department of the Interior shall serve as the lead agency; (B)the Secretary and the Secretary of Agriculture shall enter into an interagency agreement that sets forth the specific responsibilities of each agency concerning the construction of the livestock distribution system; and (C)the Natural Resources Conservation Service and the Bureau of Indian Affairs shall carry out the respective duties of the agencies under this subsection out of amounts made available to the respective agencies under annual appropriations and existing programmatic authority. .
4.
Rosebud Sioux Rural Water System
Section 3A of the Mni Wiconi Project Act of 1988 (Public Law 100–516; 108 Stat. 4540) is amended by adding at the end the following: (h)
Plan for completing the Rosebud Sioux Rural Water Supply System
(1)
In general
In carrying out paragraphs (4) and (8) of subsection (a) and subsection (b)(3), the Secretary shall develop, in consultation with the Rosebud Sioux Tribe and the Federal agencies listed in subsection (i), a plan for completing the Rosebud Sioux Rural Water Supply System, including the improvement, repair, and replacement of existing water systems on the Rosebud Indian Reservation and the transfer of those systems to the United States to be held in trust for the Rosebud Sioux Tribe and made part of the Rosebud Sioux Rural Water Supply System. (2)
Contents
Not later than 2 years after the date of enactment of this subsection, 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 the plan described in paragraph (1), which shall include— (A)a schedule for full implementation of the plan; (B)a report that includes— (i)a description of the roles and responsibilities of the Federal agencies referred to in subsection (i) (including the Bureau of Reclamation) for completing the improvement, repair, and replacement of the existing water systems; (ii)the program authorities of each Federal agency and a description of how those agencies will work together to complete and implement the plan; and (iii)the funding requirements and other needs necessary to complete and implement the plan; and (C)as applicable, a description of the roles and responsibilities of other Federal agencies that have existing authorities to provide assistance to the Rosebud Sioux Tribe. (i)
Interagency agreements
(1)
In general
Notwithstanding any other provision of law, after the date on which the Secretary submits the plan under subsection (h) to Congress, the Secretary shall enter into agreements with the agency heads described in paragraph (4) to fulfill the trust responsibility of the United States and complete the Rosebud Sioux Rural Water Supply System in accordance with the Final Engineering Report dated May 1993, including the transfer of existing systems. (2)
Lead agency
The Department of the Interior, acting through the Bureau of Reclamation, shall act as the lead agency in carrying out this section. (3)
Administration
(A)
In general
Each agency head described in paragraph (4) 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 programmatic authority. (B)
Additional funding requests
Nothing in this subsection prohibits the Rosebud Sioux Tribe from applying for, seeking, or obtaining amounts from the agency heads described in paragraph (4) for any other purpose. (4)
Agency responsibilities
The agency heads referred to in this subsection are— (A)the Administrator of the Environmental Protection Agency, who shall assist the Secretary in— (i)meeting the environmental and safe drinking water needs of the Rosebud Indian Reservation, including complying with the Safe Drinking Water Act (42 U.S.C. 300f et seq.); and (ii)completing the Rosebud Sioux Rural Water Supply System, including by— (I)improving and repairing existing water systems as set forth in the plan under subsection (h); and (II)constructing new rural water facilities, service lines, and other necessary features; (B)the Secretary of Agriculture, who, through the rural development program and other applicable programs of the Department, shall assist the Secretary in completing the Rosebud Sioux Rural Water Supply System, including by— (i)improving and repairing existing water systems as set forth in the plan under subsection (h); and (ii)constructing new rural water facilities, service lines, and other necessary features; (C)the Secretary of Health and Human Services, who, acting through the Director of the Indian Health Service, shall assist the Secretary in meeting the water supply and public health needs of the Rosebud Indian Reservation under subsection (a)(8), including by— (i)improving and repairing existing water systems as set forth in the plan under subsection (h); (ii)constructing new rural water facilities, service lines, and other necessary features; and (iii)complying with the Act of August 5, 1954 (commonly known as the Indian Sanitation Facilities Act) (68 Stat. 674); and (D)the Secretary of Housing and Urban Development, who shall assist the Secretary in completing the Rosebud Sioux Rural Water Supply System pursuant to subsection (a)(8), including by— (i)improving and repairing existing water systems as set forth in the plan under subsection (h); and (ii)completing the plumbing, water pipes, appurtenances, and interconnections of houses to the Rosebud Sioux Rural Water Supply System to meet the water conservation standards of the system. (j)
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 Rosebud Sioux Rural Water Supply 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 area are able to meet the standards for connecting to the Rosebud Sioux Rural Water Supply System. (k)
Livestock distribution system
(1)
In general
The Secretary and the Secretary of Agriculture shall, through the use of the water resources development authorities of the Bureau of Indian Affairs and the environmental quality incentives program established under chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.), respectively, complete, during a period not to exceed 15 years, the livestock distribution system for the Rosebud Sioux Rural Water Supply System consistent with the Final Engineering Report dated May 1993. (2)
Requirements
In carrying out this subsection— (A)the Department of the Interior shall serve as the lead agency; (B)the Secretary and the Secretary of Agriculture shall enter into an interagency agreement that sets forth the specific responsibilities of each agency concerning the construction of the livestock distribution system; and (C)the Natural Resources Conservation Service and the Bureau of Indian Affairs shall carry out the respective duties of the agencies under this subsection out of amounts made available to the respective agencies under annual appropriations and existing programmatic authority. .
5.
Lower Brule Sioux Rural Water System
Section 3B of the Mni Wiconi Project Act of 1988 (Public Law 100–516; 108 Stat. 4542) is amended by adding at the end the following: (h)
Plan for Completing the Lower Brule Sioux Rural Water Supply System
(1)
In general
In carrying out paragraphs (4) and (8) of subsection (a) and subsection (b)(3), the Secretary shall develop, in consultation with the Lower Brule Sioux Tribe and the Federal agencies listed in subsection (i), a plan for completing the Lower Brule Sioux Rural Water Supply System, including the improvement, repair, and replacement of existing water systems on the Lower Brule Indian Reservation and the transfer of those systems to the United States to be held in trust for the Lower Brule Sioux Tribe and made part of the Lower Brule Sioux Rural Water Supply System. (2)
Contents
Not later than 2 years after the date of enactment of this subsection, 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 the plan described in paragraph (1), which shall include— (A)a schedule for full implementation of the plan; (B)a report that includes— (i)a description of the roles and responsibilities of the Federal agencies referred to in subsection (i) (including the Bureau of Reclamation) for completing the improvement, repair, and replacement of the existing water systems; (ii)the program authorities of each Federal agency and a description of how those agencies will work together to complete and implement the plan; and (iii)the funding requirements and other needs necessary to complete and implement the plan; and (C)as applicable, a description of the roles and responsibilities of other Federal agencies that have existing authorities to provide assistance to the Lower Brule Sioux Tribe. (i)
Interagency agreements
(1)
In general
Notwithstanding any other provision of law, after the date on which the Secretary submits the plan under subsection (h) to Congress, the Secretary shall enter into agreements with the agency heads described in paragraph (4) to fulfill the trust responsibility of the United States and complete the Lower Brule Sioux Rural Water Supply System in accordance with the Final Engineering Report dated May 1993, including the transfer of existing systems. (2)
Lead agency
The Department of the Interior, acting through the Bureau of Reclamation, shall act as the lead agency in carrying out this section. (3)
Administration
(A)
In general
Each agency head described in paragraph (4) 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 programmatic authority. (B)
Additional funding requests
Nothing in this subsection prohibits the Lower Brule Sioux Tribe from applying for, seeking, or obtaining amounts from the agency heads described in paragraph (4) for any other purpose. (4)
Agency responsibilities
The agency heads referred to in this subsection are— (A)the Administrator of the Environmental Protection Agency, who shall assist the Secretary in— (i)meeting the environmental and safe drinking water needs of the Lower Brule Indian Reservation, including complying with the Safe Drinking Water Act (42 U.S.C. 300f et seq.); and (ii)completing the Lower Brule Sioux Rural Water Supply System, including by— (I)improving and repairing existing water systems as set forth in the plan under subsection (h); and (II)constructing new rural water facilities, service lines, and other necessary features; (B)the Secretary of Agriculture, who, through the rural development program and other applicable programs of the Department, assist the Secretary in completing the Lower Brule Sioux Rural Water Supply System, including by— (i)improving and repairing existing water systems as set forth in the plan under subsection (h); and (ii)constructing new rural water facilities, service lines, and other necessary features; (C)the Secretary of Health and Human Services, who, acting through the Director of the Indian Health Service, shall assist the Secretary in meeting the water supply and public health needs of the Lower Brule Indian Reservation under subsection (a)(8), including by— (i)improving and repairing existing water systems as set forth in the plan under subsection (h); (ii)constructing new rural water facilities, service lines, and other necessary features; and (iii)complying with the Act of August 5, 1954 (commonly known as the Indian Sanitation Facilities Act) (68 Stat. 674); and (D)the Secretary of Housing and Urban Development, who shall assist the Secretary in completing the Lower Brule Sioux Rural Water Supply System pursuant to subsection (a)(8), including by— (i)improving and repairing existing water systems as set forth in the plan under subsection (h); and (ii)completing the plumbing, water pipes, appurtenances, and interconnections of houses to the Lower Brule Sioux Rural Water Supply System to meet the water conservation standards of the system. (j)
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 Lower Brule Sioux Rural Water Supply 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 area are able to meet the standards for connecting to the Lower Brule Sioux Rural Water Supply System. .
6.
Mitigation of fish and wildlife losses
Section 6 of the Mni Wiconi Project Act of 1988 (Public Law 100–516; 102 Stat. 2570; 108 Stat. 4544) is amended by striking subsection (b) and inserting the following: (b)
Oahe, big bend, and fort randall dams and reservoirs
(1)
In general
The Secretary, in cooperation with the State of South Dakota, all Indian tribes residing on reservations within the State of South Dakota, and other Federal agencies, shall develop and submit to Congress not later than January 2014, recommendations for financing and implementing mitigation plans for— (A)fish and wildlife and terrestrial losses, including the loss of Native American cultural resources, human remains, ceremonial plants and herbs, gathering rights, access to sacred sites, and other usufructuary rights, resulting from the construction and operation of the Oahe Dam and Reservoir, Big Bend Dam and Reservoir, and Fort Randall Dam and Reservoir; and (B)fish and wildlife and terrestrial losses and any impacts to groundwater resulting from the construction and operation of the dams and reservoirs on the Missouri River tributaries within the State of South Dakota. (2)
Administration
In carrying out this section— (A)the Secretary shall— (i)issue regulations that set forth procedures for meaningful consultation with the Indian tribes concerning the preservation and protection of Native American cultural resources, human remains, ceremonial plants and herbs, gathering rights, and access to sacred sites; and (ii)provide the Indian tribes with the opportunity to participate and concur in the development of the recommendations described in paragraph (1) before the Secretary submits the recommendations to Congress; and (B)the Chief of Engineers, the Director of the National Park Service, and the Director of the United States Fish and Wildlife Service shall, at the request of the Secretary, provide any assistance the Secretary requires in preparing and completing the recommendations described in paragraph (1). .
7.
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 2015; 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 all that follows through the end of the sentence and inserting the following: (1)
Operation and maintenance
(A)
In general
There are authorized to be appropriated such sums as are 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 and for reimbursement to the city of White River, South Dakota for operation and maintenance costs for the provision of water to service connections in that city that are located on trust land of the Rosebud Sioux Tribe or members of the Rosebud Sioux Tribe. ; (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 upgrades
(A)
In general
Public or tribal water systems that are in existence on the date of enactment of this paragraph shall be transferred to the respective rural water supply system at the request of the applicable Indian tribe and the owner of the water system. (B)
Operation and maintenance
The operation and maintenance amounts authorized for the water systems described in subparagraph (A) shall be supplemented and used for the improvement, repair, and replacement of those systems, as determined by the Secretary pursuant to sections 3(i)(2)(B)(iii), 3A(h)(2)(B)(iii), and 3B(h)(2)(B)(iii), after the date on which those systems are interconnected and transferred to the respective rural water supply system pursuant to sections 3(a)(4), 3A(a)(4), and 3B(a)(4). (C)
Initial improvements and repairs
Initial improvement and repairs of the transferred systems described in subparagraph (A) shall be completed in accordance with the plans under sections 3(i), 3A(h) and 3B(h). .
8.
Waste water disposal systems
Section 12(c) of the Mni Wiconi Project Act of 1988 (Public Law 100–516; 102 Stat. 2572; 108 Stat. 4546) is amended— (1)by striking (1) The Secretary and inserting the following: (1)
In general
The Secretary ; (2)by striking (2) The feasibility and inserting the following: (2)
Feasibility studies
The feasibility ; and (3)by adding at the end the following: (3)
Updates to feasibility studies
(A)
In general
Beginning for fiscal year 2012, the feasibility studies under this subsection shall be updated and completed by the Oglala Sioux Tribe, the Rosebud Sioux Tribe, and the Lower Brule Sioux Tribe, in consultation with the Secretary, the Administrator of the Environmental Protection Agency, the Chief of Engineers, the Director of the Indian Health Service, the Administrator of the Rural Housing Service, and the Administrator of the Economic Development Administration. (B)
Submission
For each feasibility study updated under subparagraph (A), the Secretary shall, not later than 1 year after the date of enactment of this paragraph, submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, a copy of the updated feasibility study, which shall address— (i)the rural, municipal, and industrial waste water disposal facilities and systems needs of the applicable reservation; (ii)any deficiency assessments of the existing waste water disposal facilities and systems; (iii)cost estimates for construction of new facilities and systems and rehabilitating existing systems; and (iv)cost estimates for the operation, maintenance, and replacement of the waste water disposal facilities and systems. .
9.
Mni Wiconi Project emergency assistance planning act
(a)
Amendments
The Mni Wiconi Project Act of 1988 (Public Law 100–516; 102 Stat. 2566) is amended by adding at the end the following: <enum>II</enum><header>Mni Wiconi Project Emergency Assistance Planning Act</header> <section id="id0A5A36F8E78F41DCB6CCEF5040AD1BD0"><enum>201.</enum><header>Short title</header><text display-inline="no-display-inline">This title may be cited as the <quote><short-title>Mni Wiconi Project Emergency Assistance Planning Act of 2012</short-title></quote>.</text> </section><section id="id739088bfc94c43f289d4cc041dfd967f"><enum>202.</enum><header>Findings; purpose</header> <subsection id="id59ECB6535CF04CB7B8A6786AEE4E05AD"><enum>(a)</enum><header>Findings</header><text>Congress finds that—</text> <paragraph id="id905b2e1d44dd4ee894f5a04925448d92"><enum>(1)</enum><text>substantial amounts of Federal funds have been expended and will be expended on the planning, design, construction, operation, maintenance, and replacement of the Mni Wiconi Project Rural Water Systems for Indian tribes in fulfillment of tribal treaties and agreements and Federal law recognizing the trust responsibility and obligation of the United States to protect Indian tribes;</text> </paragraph><paragraph id="id8653152d3ab845d8a1d458ab65b6f53a"><enum>(2)</enum><text>the Mni Wiconi Project Rural Water Systems have been constructed, or will be constructed, pursuant to this Act;</text> </paragraph><paragraph id="id1f262509b3db4deea2d3efd2e68e6ab7"><enum>(3)</enum><text>the Mni Wiconi Project Rural Water Systems, or portions of the Mni Wiconi Project Rural Water Systems, have been paid for by the Secretary out of amounts authorized and appropriated by Congress;</text> </paragraph><paragraph id="id8b3f01723eca42059a90ae6179bcfd94"><enum>(4)</enum><text>no plan exists for providing emergency funding to the Mni Wiconi Project Rural Water Systems in the event of a major breakdown of 1 or more of the Systems; and</text> </paragraph><paragraph id="id9fafcbf9d9a44f539710fb2bda3c68ce"><enum>(5)</enum><text>the Secretaries shall develop a congressionally approved plan to meet the needs of the Mni Wiconi Project Rural Water Systems in emergency situations involving a major breakdown of a rural water system.</text> </paragraph></subsection><subsection id="id0a978e70144343ba8800dc2e472171ec"><enum>(b)</enum><header>Purpose</header><text display-inline="yes-display-inline">The purpose of this title is to direct the Secretaries to develop a comprehensive plan to fund and rehabilitate each rural water system authorized and funded by Congress under this Act.</text> </subsection></section><section id="id21fa3b357f6842af9cee78ce0afb074f"><enum>203.</enum><header>Definitions</header><text display-inline="no-display-inline">In this title:</text> <paragraph id="id42bdce823b274f3f973720de7f0ea28c"><enum>(1)</enum><header>Mni Wiconi Project Rural Water Systems</header><text>The term <term>Mni Wiconi Project Rural Water Systems</term> means—</text> <subparagraph id="id69BC404185514D079486FEFFC96913E0"><enum>(A)</enum><text>the Oglala Sioux Rural Water Supply System;</text> </subparagraph><subparagraph id="id032A3868392A40D6B406590E79A0CF15"><enum>(B)</enum><text>the Rosebud Sioux Rural Water Supply System;</text> </subparagraph><subparagraph id="id47B8B32B048048949757625A3347DD38"><enum>(C)</enum><text>the Lower Brule Sioux Rural Water Supply System; and</text> </subparagraph><subparagraph id="id0E94BD7188F84FA9A61EAD0C4CABD640"><enum>(D)</enum><text>the West River and Lyman-Jones Rural Water Systems.</text> </subparagraph></paragraph><paragraph id="idDCCCF5AB518C462D994C6A9C7FBE3660"><enum>(2)</enum><header>Secretaries</header><text>The term <term>Secretaries</term> means—</text> <subparagraph id="id22FFB3385EDA4813BB8661F8309EB7A1"><enum>(A)</enum><text>the Secretary of the Interior;</text> </subparagraph><subparagraph id="id4B627A332F5D4E149B19258D82CDC880"><enum>(B)</enum><text>the Secretary of Defense; and</text> </subparagraph><subparagraph id="idCF3A58A9BE8A44F6B4F1810CE74CA637"><enum>(C)</enum><text>the Secretary of Homeland Security.</text> </subparagraph></paragraph></section><section id="id67af5dec6ce84cc984addae724d41131"><enum>204.</enum><header>Mni Wiconi Project Rural Water Systems Emergency Plan</header> <subsection id="idd81b1e2f4def40a793932bc146060214"><enum>(a)</enum><header>In general</header><text>The Secretaries shall develop and implement a 5-year plan to meet the needs of the Mni Wiconi Project Rural Water Systems in emergency situations that include—</text> <paragraph id="id001e6c4977bc40b787ab17f5d0590c29"><enum>(1)</enum><text>an event that threatens the security of the Mni Wiconi Project Rural Water Systems;</text> </paragraph><paragraph id="idae1bbfca69424d1793d976b3ed733481"><enum>(2)</enum><text>a natural or manmade disaster; and</text> </paragraph><paragraph id="id619656004f7d46c19ec17e57cac1269c"><enum>(3)</enum><text>an act of terrorism.</text> </paragraph></subsection><subsection id="ide4f8dca0174847f3bff35a345daf2291"><enum>(b)</enum><header>Contents</header><text>Not later than January 1, 2014, the Secretaries, in consultation with the Indian tribes who own or have an interest in the Mni Wiconi Project Rural Water Systems, shall develop the plan described in subsection (a), which, at a minimum, shall include—</text> <paragraph id="id592E61F718FB44EFBAC5DE092CA008B8"><enum>(1)</enum><text>an assessment of the emergency management needs of each rural water system in the Mni Wiconi Project Rural Water Systems;</text> </paragraph><paragraph id="id5fd76e1d78a04ee6a05c089f22023ec7"><enum>(2)</enum><text>a description of the procedures for responding to emergency needs;</text> </paragraph><paragraph id="id8d3f7958e4e24e338cedfc0c7ccb13cd"><enum>(3)</enum><text>the classification of emergencies in the plan; and</text> </paragraph><paragraph id="idb25094d04aa44675ac65fad6fca0a3cd"><enum>(4)</enum><text>a description of the manner in which the emergency fund established by section 205 will be assessed to pay for the costs of emergencies.</text> </paragraph></subsection><subsection id="idc5f09fb52bb146348d79a113ec9c85da"><enum>(c)</enum><header>Updates</header><text>The Secretaries shall update the plan annually.</text> </subsection></section><section id="id2cdb473f36574ccd8b48926f1e2664c3"><enum>205.</enum><header>Mni Wiconi Project Emergency Assistance Fund</header> <subsection id="ID44ebc5c84ee04e7d993decdc4f53cfa4"><enum>(a)</enum><header>Establishment of Fund</header><text>There is established in the Treasury of the United States a fund to be known as the <quote>Mni Wiconi Emergency Assistance Fund</quote> (referred to in this section as the <quote>Fund</quote>), to be administered by the Secretary of the Interior, to be available without fiscal year limitation and subject to appropriation, to carry out this title.</text> </subsection><subsection id="ID9ead6bf495b5447f8b8d6ddc26cab559"><enum>(b)</enum><header>Transfers to Fund</header><text>The Fund shall consist of such amounts as are appropriated to the Fund.</text> </subsection><subsection id="IDe28214dbd69b4183b86261ba8eaa5e20"><enum>(c)</enum><header>Prohibition</header><text>Amounts in the Fund may not be made available for any purpose other than a purpose described in subsection (a).</text> </subsection><subsection id="ID07da58b629734be4945f49dadf73323a"><enum>(d)</enum><header>Annual reports</header> <paragraph id="id6888A87F785B4826BE72B08EB7FCB7EA"><enum>(1)</enum><header>In general</header><text>Not later than 60 days after the end of each fiscal year beginning with fiscal year 2013, the Secretary of the Interior shall submit to the Committee on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, and authorizing committees a report on the operation of the Fund during the fiscal year.</text> </paragraph><paragraph id="id282CC27FC11648EDA4ACAFB5B7C746E5"><enum>(2)</enum><header>Contents</header><text>Each report shall include, for the fiscal year covered by the report, the following:</text> <subparagraph id="ID885d3878ca8c42bba3c906ed4daf03ab"><enum>(A)</enum><text>A statement of the amounts deposited into the Fund.</text> </subparagraph><subparagraph id="ID0496eab1575648ada51a8420957ec2ba"><enum>(B)</enum><text>A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures.</text> </subparagraph><subparagraph id="IDff6136e44a714883835cca0b49673ade"><enum>(C)</enum><text>Recommendations for additional authorities to fulfill the purpose of the Fund.</text> </subparagraph><subparagraph id="IDd893a10175174d29ab0a83f45cb33bab"><enum>(D)</enum><text>A statement of the balance remaining in the Fund at the end of the fiscal year.</text> </subparagraph></paragraph></subsection></section>. (b)
Separate appropriations account
Section 1105(a) of title 31, United States Code is amended— (1)by redesignating the second paragraph (37) (relating to a list of plans and reports) as paragraph (39); and (2)by adding at the end the following: (40)a separate statement for the Mni Wiconi Emergency Assistance Fund established under section 205 of the Mni Wiconi Project Emergency Assistance Planning Act of 2012, which shall include the estimated amount of deposits into the Fund, obligations, and outlays from the Fund. . (c)
Conforming amendment
The Mni Wiconi Project Act of 1988 (Public Law 100–516; 102 Stat. 2566) is amended by inserting before the first section the following: <enum>I</enum><header>Mni Wiconi Project Act</header> .