[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 684 Reported in Senate (RS)]

                                                       Calendar No. 131
113th CONGRESS
  1st Session
                                 S. 684

                          [Report No. 113-74]

To amend the Mni Wiconi Project Act of 1988 to facilitate completion of 
   the Mni Wiconi Rural Water Supply System, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 9, 2013

 Mr. Johnson of South Dakota introduced the following bill; which was 
    read twice and referred to the Committee on Energy and Natural 
                               Resources

                             July 15, 2013

                 Reported by Mr. Wyden, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
To amend the Mni Wiconi Project Act of 1988 to facilitate completion of 
   the Mni Wiconi Rural Water Supply System, and for other purposes.

    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 Project Act Amendments of 
2013''.

SEC. 2. OTHER AGENCY ASSISTANCE.

    The Mni Wiconi Project Act of 1988 (Public Law 100-516; 102 Stat. 
2566; 108 Stat. 4543) is amended by inserting after section 3B the 
following:

``SEC. 3C. PLANS FOR COMPLETING THE OGLALA SIOUX RURAL WATER SUPPLY 
              SYSTEM, ROSEBUD SIOUX RURAL WATER SYSTEM, AND LOWER BRULE 
              SIOUX RURAL WATER SYSTEM.

    ``(a) Plans for Completion.--
            ``(1) In general.--In consultation with the Oglala Sioux 
        Tribe, the Rosebud Sioux Tribe, and the Lower Brule Sioux 
        Tribe, as applicable, and the Federal agency heads listed in 
        subsection (b)(1), the Secretary shall develop plans to 
        complete the Oglala Sioux Rural Water Supply System, the 
        Rosebud Sioux Rural Water System, and the Lower Brule Sioux 
        Rural Water System.
            ``(2) Contents.--The plan for each water supply system 
        described in paragraph (1) shall require--
                    ``(A) the completion of remaining components of the 
                applicable system in accordance with the Final 
                Engineering Report dated May 1993;
                    ``(B) the improvement, repair, and replacement of 
                existing water systems; and
                    ``(C) the transfer of those existing water systems 
                to the United States, to be held in trust for the 
                Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the 
                Lower Brule Sioux Tribe, as applicable, and made part 
                of the applicable rural water system.
            ``(3) Submission to congress.--Not later than 2 years after 
        the date of enactment of this section, the Secretary shall 
        submit to the Committee on Energy and Natural Resources of the 
        Senate and the Committee on Natural Resources of the House of 
        Representatives--
                    ``(A) a copy of each plan developed under this 
                subsection, including a schedule for full 
                implementation of the plan that shall not exceed a 
                period of 15 years after the date of enactment of this 
                section;
                    ``(B) a report that includes--
                            ``(i) a description of the roles and 
                        responsibilities of each of the heads of the 
                        Federal agencies listed in subsection (b)(1) 
                        (including the Commissioner of the Bureau of 
                        Reclamation) relating to the completion of the 
                        water supply systems, including with respect to 
                        the improvement, repair, and replacement of the 
                        existing water systems before and after 
                        transfer;
                            ``(ii) the program authorities of each 
                        Federal agency listed in subsection (b)(1) and 
                        a description of how the heads of the Federal 
                        agencies will work together to complete and 
                        implement the plans; and
                            ``(iii) the amount of funding and any other 
                        need the Secretary determines to be necessary 
                        to complete and implement the plans; and
                    ``(C) as applicable, a description of the roles and 
                responsibilities of the heads of other Federal agencies 
                that have existing authorities to provide assistance to 
                the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the 
                Lower Brule Sioux Tribe.
    ``(b) Interagency Agreements.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary shall enter into agreements with the 
        Administrator of the Environmental Protection Agency, the 
        Secretary of Agriculture, the Secretary of Health and Human 
        Services, and the Secretary of Housing and Urban Development--
                    ``(A) to fulfill the trust responsibility of the 
                United States; and
                    ``(B) to complete the Oglala Sioux Rural Water 
                Supply System, the Rosebud Sioux Rural Water System, 
                and the Lower Brule Sioux Rural Water System in 
                accordance with the Final Engineering Report dated May 
                1993, including the transfer of existing water systems, 
                as set forth in the plans for completion developed 
                under subsection (a).
            ``(2) Cooperation.--
                    ``(A) In general.--The heads of the Federal 
                agencies described in paragraph (1) shall assist the 
                Secretary in completing the Oglala Sioux Rural Water 
                Supply System, the Rosebud Sioux Rural Water System, 
                and the Lower Brule Sioux Rural Water System pursuant 
                to sections 3(a), 3A(a), and 3B(a), respectively, 
                including by--
                            ``(i) improving, repairing, and replacing 
                        existing water systems as set forth in the 
                        plans developed under subsection (a); and
                            ``(ii) constructing new rural water 
                        facilities, service lines, and other necessary 
                        features.
                    ``(B) Administrator of the environmental protection 
                agency.--The Administrator of the Environmental 
                Protection Agency shall assist the Secretary in meeting 
                the environmental and safe drinking water needs of the 
                Pine Ridge Indian Reservation, the Rosebud Indian 
                Reservation, and the Lower Brule Indian Reservation, 
                including through compliance with the Safe Drinking 
                Water Act (42 U.S.C. 300f et seq.).
                    ``(C) Secretary of health and human services.--The 
                Secretary of Health and Human Services shall assist the 
                Secretary in meeting the water supply and public health 
                needs of the Pine Ridge Indian Reservation, the Rosebud 
                Indian Reservation, and the Lower Brule Indian 
                Reservation, including through compliance with the Act 
                of August 5, 1954 (commonly known as the `Indian 
                Sanitation Facilities Act') (42 U.S.C. 2001 et seq.).
                    ``(D) Secretary of housing and urban development.--
                The Secretary of Housing and Urban Development shall 
                assist the Secretary by carrying out projects to 
                connect houses that are eligible for funding from the 
                Department of Housing and Urban Development on the 
                reservations of the Oglala Sioux Tribe, the Rosebud 
                Sioux Tribe, and the Lower Brule Sioux Tribe, through 
                plumbing, water pipes, appurtenances, and 
                interconnections to the Oglala Sioux Rural Water Supply 
                System, the Rosebud Sioux Rural Water System, and the 
                Lower Brule Sioux Rural Water System, respectively, to 
                meet the water conservation standards of those water 
                supply systems.
            ``(3) Livestock distribution systems.--
                    ``(A) In general.--The Secretary and the Secretary 
                of Agriculture shall, through the use of authorities of 
                the Bureau of Indian Affairs and the Department of 
                Agriculture, respectively, complete, during a period 
                not to exceed 15 years after the date of enactment of 
                this section, the livestock distribution system for the 
                Oglala Sioux Rural Water Supply System and the Rosebud 
                Sioux Rural Water System, consistent with the Final 
                Engineering Report dated May 1993.
                    ``(B) Administration.--For each water supply system 
                described in subparagraph (A), the Secretary shall 
                enter into agreements with the Secretary of Agriculture 
                and the Director of the Bureau of Indian Affairs that 
                set forth the specific responsibilities of each agency 
                concerning the construction of the livestock 
                distribution systems.
            ``(4) Lead agency.--The Department of the Interior, acting 
        through the Bureau of Reclamation, shall act as the lead agency 
        in carrying out this section.
            ``(5) Administration.--
                    ``(A) In general.--Each agency head shall carry out 
                the duties of the agency head under this subsection out 
                of amounts made available to the agency head under 
                annual appropriations and existing <DELETED>authority</DELETED> 
                authorities.
                    ``(B) Authorization of use of other federal agency 
                funds.--Amounts made available to agencies other than 
                the Bureau of Reclamation may also be used to carry out 
                this Act.
                    ``(C) Additional funding requests.--Nothing in this 
                subsection prohibits the Oglala Sioux Tribe, the 
                Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe 
                from applying for, seeking, or obtaining amounts from 
                the Federal agencies referred to in paragraph (1) for 
                any other purpose.
    ``(c) Upgrading Standards for Connecting Homes.--The Director of 
the Bureau of Indian Affairs shall, through the use of existing 
programs and annual appropriations, assist the Secretary in completing 
the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural 
Water System, and the Lower Brule Sioux Rural Water System by 
constructing, repairing, and upgrading plumbing fixtures, skirting, and 
other necessary features, such as septic tanks and drainfields, to 
ensure that houses within the service areas are able to meet the 
standards for connecting to those water systems.''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    (a) Planning, Design, and Construction.--Section 10(a) of the Mni 
Wiconi Project Act of 1988 (Public Law 100-516; 102 Stat. 2571; 108 
Stat. 4545; 116 Stat. 3033; 121 Stat. 1954) is amended--
            (1) in the first sentence, by striking ``and $58,800,000 
        (based on October 1, 1997 price levels)'' and inserting ``, 
        $58,800,000 (based on October 1, 1997 price levels), and 
        $14,308,000 (based on October 1, 2011 price levels)'';
            (2) in the second sentence, by striking ``2013'' and 
        inserting ``2016''; and
            (3) in the third sentence, by striking ``and October 1, 
        1997 (with respect to the $58,800,000)'' and inserting ``, 
        October 1, 1997 (with respect to the $58,800,000), and October 
        1, 2011 (with respect to the $14,308,000)''.
    (b) Operation and Maintenance of Oglala Sioux Rural Water Supply 
System, Rosebud Sioux Rural Water Supply System, and Lower Brule Sioux 
Water Supply System.--Section 10(b) of the Mni Wiconi Project Act of 
1988 (Public Law 100-516; 102 Stat. 2571; 108 Stat. 4545) is amended--
            (1) in the first sentence, by striking ``There are'' and 
        inserting the following:
            ``(1) Operation and maintenance.--
                    ``(A) In general.--There are'';
            (2) in the second sentence, by striking ``The operation'' 
        and inserting the following:
                    ``(B) West river and lyman-jones rural water 
                systems.--
                            ``(i) In general.--The operation'';
            (3) in the third sentence, by striking ``Such fee'' and 
        inserting the following:
                            ``(ii) Fee basis.--The fee described in 
                        clause (i)'';
            (4) in the fourth sentence, by striking ``Such operation 
        and maintenance payments'' and inserting the following:
                            ``(iii) Adjustment of payments.--The 
                        operation and maintenance payments under this 
                        subparagraph''; and
            (5) by adding after paragraph (1) (as so designated) the 
        following:
            ``(2) Community water systems upgrades.--
                <DELETED>    ``(A) In general.--Not later than 5 years 
                after the date of enactment of the Mni Wiconi Project 
                Act Amendments of 2013, each public or tribal water 
                system that is in existence on the date of enactment of 
                this paragraph shall be transferred to the applicable 
                rural water supply system, to be held in trust by the 
                United States for the benefit of the applicable Indian 
                tribe, on the request of the Oglala Sioux Tribe, the 
                Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe, as 
                applicable, and the owner of the water 
                system.</DELETED>
                    ``(A) In general.--After the date on which public 
                or tribal water systems on the Pine Ridge Indian 
                Reservation, the Rosebud Indian Reservation, and the 
                Lower Brule Indian Reservation that are in existence on 
                the date of enactment of this paragraph have been 
                brought up to the standards for the water systems 
                established in the plans developed under section 3C(a), 
                but not later than 15 years after the date of enactment 
                of this paragraph, title to each of the water systems 
                shall be transferred to the United States, to be held 
                in trust for the benefit of the applicable Indian 
                tribe, on the request of the Oglala Sioux Tribe, the 
                Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe, as 
                applicable, and the owner of the water system.
                    ``(B) Improvements and repairs and replacement.--
                The Secretary shall use amounts authorized to be 
                appropriated under paragraph (1) for the improvement, 
                repair, and replacement of any water system that is 
                transferred or <DELETED>proposed to be transferred</DELETED> 
                proposed, by request of the owner of the water system, 
                to be transferred and improved under subparagraph 
                (A).''.
                                                       Calendar No. 131

113th CONGRESS

  1st Session

                                 S. 684

                          [Report No. 113-74]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             July 15, 2013

                        Reported with amendments