[Congressional Record Volume 160, Number 155 (Tuesday, December 16, 2014)]
[Senate]
[Pages S6924-S6929]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MNI WICONI PROJECT ACT AMENDMENTS OF 2013
______
BUREAU OF RECLAMATION TRANSPARENCY ACT
Mr. PRYOR. Mr. President, I ask unanimous consent that the Senate
proceed to the consideration of the following bills en bloc: Calendar
No. 131, S. 684; and Calendar No. 513, S. 1800.
The PRESIDING OFFICER. The clerk will report the bills by title en
bloc.
The assistant legislative clerk read as follows:
A bill (S. 684) to amend the Mni Wiconi Project Act of 1988
to facilitate completion of the Mni Wiconi Rural Water Supply
System, and for other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Energy and Natural
Resources, with amendments, as follows:
(The parts of the bill intended to be stricken are shown in boldface
brackets and the parts of the bill intended to be inserted are shown in
italic.)
S. 684
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[[Page S6925]]
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 [authority] authorities.
``(B) Authorization of use of other federal agency funds.--
Amounts made available to agencies other than the Bureau of
Reclamation may also be used to carry out this Act.
``(C) Additional funding requests.--Nothing in this
subsection prohibits the Oglala Sioux Tribe, the Rosebud
Sioux Tribe, or the Lower Brule Sioux Tribe from applying
for, seeking, or obtaining amounts from the Federal agencies
referred to in paragraph (1) for any other purpose.
``(c) Upgrading Standards for Connecting Homes.--The
Director of the Bureau of Indian Affairs shall, through the
use of existing programs and annual appropriations, assist
the Secretary in completing the Oglala Sioux Rural Water
Supply System, the Rosebud Sioux Rural Water System, and the
Lower Brule Sioux Rural Water System by constructing,
repairing, and upgrading plumbing fixtures, skirting, and
other necessary features, such as septic tanks and
drainfields, to ensure that houses within the service areas
are able to meet the standards for connecting to those water
systems.''.
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.--
[``(A) In general.--Not later than 5 years after the date
of enactment of the Mni Wiconi Project Act Amendments of
2013, each public or tribal water system that is in existence
on the date of enactment of this paragraph shall be
transferred to the applicable rural water supply system, to
be held in trust by the United States for the benefit of the
applicable Indian tribe, on the request of the Oglala Sioux
Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux
Tribe, as applicable, and the owner of the water system.]
``(A) In general.--After the date on which public or tribal
water systems on the Pine Ridge
[[Page S6926]]
Indian Reservation, the Rosebud Indian Reservation, and the
Lower Brule Indian Reservation that are in existence on the
date of enactment of this paragraph have been brought up to
the standards for the water systems established in the plans
developed under section 3C(a), but not later than 15 years
after the date of enactment of this paragraph, title to each
of the water systems shall be transferred to the United
States, to be held in trust for the benefit of the applicable
Indian tribe, on the request of the Oglala Sioux Tribe, the
Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe, as
applicable, and the owner of the water system.
``(B) Improvements and repairs and replacement.--The
Secretary shall use amounts authorized to be appropriated
under paragraph (1) for the improvement, repair, and
replacement of any water system that is transferred or
[proposed to be transferred] proposed, by request of the
owner of the water system, to be transferred and improved
under subparagraph (A).''.
A bill (S. 1800) to require the Secretary of the Interior
to submit to Congress a report on the efforts of the Bureau
of Reclamation to manage its infrastructure assets.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Energy and Natural
Resources, with an amendment to strike all after the enacting clause
and insert in lieu thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bureau of Reclamation
Transparency Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the water resources infrastructure of the Bureau of
Reclamation provides important benefits related to irrigated
agriculture, municipal and industrial water, hydropower,
flood control, fish and wildlife, and recreation in the 17
Reclamation States;
(2) as of 2013, the combined replacement value of the
infrastructure assets of the Bureau of Reclamation was
$94,500,000,000;
(3) the majority of the water resources infrastructure
facilities of the Bureau of Reclamation are at least 60 years
old;
(4) the Bureau of Reclamation has previously undertaken
efforts to better manage the assets of the Bureau of
Reclamation, including an annual review of asset maintenance
activities of the Bureau of Reclamation known as the ``Asset
Management Plan''; and
(5) actionable information on infrastructure conditions at
the asset level, including information on maintenance needs
at individual assets due to aging infrastructure, is needed
for Congress to conduct oversight of Reclamation facilities
and meet the needs of the public.
SEC. 3. DEFINITIONS.
In this Act:
(1) Asset.--
(A) In general.--The term ``asset'' means any of the
following assets that are used to achieve the mission of the
Bureau of Reclamation to manage, develop, and protect water
and related resources in an environmentally and economically
sound manner in the interest of the people of the United
States:
(i) Capitalized facilities, buildings, structures, project
features, power production equipment, recreation facilities,
or quarters.
(ii) Capitalized and noncapitalized heavy equipment and
other installed equipment.
(B) Inclusions.--The term ``asset'' includes assets
described in subparagraph (A) that are considered to be
mission critical.
(2) Asset management report.--The term ``Asset Management
Report'' means--
(A) the annual plan prepared by the Bureau of Reclamation
known as the ``Asset Management Plan''; and
(B) any publicly available information relating to the plan
described in subparagraph (A) that summarizes the efforts of
the Bureau of Reclamation to evaluate and manage
infrastructure assets of the Bureau of Reclamation.
(3) Major repair and rehabilitation need.--The term ``major
repair and rehabilitation need'' means major nonrecurring
maintenance at a Reclamation facility, including maintenance
related to the safety of dams, extraordinary maintenance of
dams, deferred major maintenance activities, and all other
significant repairs and extraordinary maintenance.
(4) Reclamation facility.--The term ``Reclamation
facility'' means each of the infrastructure assets that are
owned by the Bureau of Reclamation at a Reclamation project.
(5) Reclamation project.--The term ``Reclamation project''
means a project that is owned by the Bureau of Reclamation,
including all reserved works and transferred works owned by
the Bureau of Reclamation.
(6) Reserved works.--The term ``reserved works'' means
buildings, structures, facilities, or equipment that are
owned by the Bureau of Reclamation for which operations and
maintenance are performed by employees of the Bureau of
Reclamation or through a contract entered into by the Bureau
of Reclamation, regardless of the source of funding for the
operations and maintenance.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Transferred works.--The term ``transferred works''
means a Reclamation facility at which operations and
maintenance of the facility is carried out by a non-Federal
entity under the provisions of a formal operations and
maintenance transfer contract or other legal agreement with
the Bureau of Reclamation.
SEC. 4. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR RESERVED
WORKS.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress
an Asset Management Report that--
(1) describes the efforts of the Bureau of Reclamation--
(A) to maintain in a reliable manner all reserved works at
Reclamation facilities; and
(B) to standardize and streamline data reporting and
processes across regions and areas for the purpose of
maintaining reserved works at Reclamation facilities; and
(2) expands on the information otherwise provided in an
Asset Management Report, in accordance with subsection (b).
(b) Infrastructure Maintenance Needs Assessment.--
(1) In general.--The Asset Management Report submitted
under subsection (a) shall include--
(A) a detailed assessment of major repair and
rehabilitation needs for all reserved works at all
Reclamation projects; and
(B) to the extent practicable, an itemized list of major
repair and rehabilitation needs of individual Reclamation
facilities at each Reclamation project.
(2) Inclusions.--To the extent practicable, the itemized
list of major repair and rehabilitation needs under paragraph
(1)(B) shall include--
(A) a budget level cost estimate of the appropriations
needed to complete each item; and
(B) an assignment of a categorical rating for each item,
consistent with paragraph (3).
(3) Rating requirements.--
(A) In general.--The system for assigning ratings under
paragraph (2)(B) shall be--
(i) consistent with existing uniform categorization systems
to inform the annual budget process and agency requirements;
and
(ii) subject to the guidance and instructions issued under
subparagraph (B).
(B) Guidance.--As soon as practicable after the date of
enactment of this Act, the Secretary shall issue guidance
that describes the applicability of the rating system
applicable under paragraph (2)(B) to Reclamation facilities.
(4) Public availability.--Except as provided in paragraph
(5), the Secretary shall make publically available, including
on the Internet, the Asset Management Report required under
subsection (a).
(5) Confidentiality.--Subject to the discretion of the
Secretary, the Secretary may exclude from the public version
of the Asset Management Report made available under paragraph
(4) any information that the Secretary identifies as
sensitive or classified, but shall make available to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives a version of the report containing the
sensitive or classified information.
(c) Updates.--Not later than 2 years after the date on
which the Asset Management Report is submitted under
subsection (a) and biennially thereafter, the Secretary shall
update the Asset Management Report, subject to the
requirements of section 5(b)(2).
(d) Consultation.--The Secretary shall consult with the
Secretary of the Army (acting through the Chief of Engineers)
to the extent that the consultation would assist the
Secretary in preparing the Asset Management Report under
subsection (a) and updates to the Asset Management Report
under subsection (c).
SEC. 5. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR TRANSFERRED
WORKS.
(a) In General.--The Secretary shall coordinate with the
non-Federal entities responsible for the operation and
maintenance of transferred works in developing reporting
requirements for Asset Management Reports with respect to the
condition of, and planned maintenance for, transferred works
that are similar to the reporting requirements described in
section 4(b)
(b) Guidance.--
(1) In general.--After considering input from water and
power contractors of the Bureau of Reclamation, the Secretary
shall develop and implement a rating system for transferred
works that incorporates, to the maximum extent practicable,
the rating system for reserved works developed under section
4(b)(3).
(2) Updates.--The ratings system developed under paragraph
(1) shall be included in the updated Asset Management Reports
under section 4(c).
Mr. PRYOR. I ask unanimous consent that the committee-reported
amendments be considered; that the Johnson amendment relative to S. 684
and the Barrasso amendment relative to S. 1800, which are at the desk,
be agreed to; that the committee-reported amendments, as amended, be
agreed to, and the bills, as amended, be read a third time and passed
en bloc.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 4122) was agreed to, as follows:
(Purpose: To provide an offset)
At the end of the bill, add the following:
SEC. __. OFFSET.
Notwithstanding any other provision of law, in the case of
the project authorized by section 1617 of the Reclamation
Projects Authorization and Adjustment Act of 1992 (43 U.S.C.
390h-12c), the maximum amount of the Federal share of the
cost of the project under section 1631(d)(1) of that Act (43
U.S.C. 390h-13(d)(1)) otherwise available as of the date of
enactment of this Act shall be reduced by $15,000,000.
The committee-reported amendments, as amended, were agreed to.
The bill (S. 684), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed, as follows:
[[Page S6927]]
S. 684
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 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.--
``(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
[[Page S6928]]
paragraph, title to each of the water systems shall be
transferred to the United States, to be held in trust for the
benefit of the applicable Indian tribe, on the request of the
Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower
Brule Sioux Tribe, as applicable, and the owner of the water
system.
``(B) Improvements and repairs and replacement.--The
Secretary shall use amounts authorized to be appropriated
under paragraph (1) for the improvement, repair, and
replacement of any water system that is transferred or
proposed, by request of the owner of the water system, to be
transferred and improved under subparagraph (A).''.
SEC. 4. OFFSET.
Notwithstanding any other provision of law, in the case of
the project authorized by section 1617 of the Reclamation
Projects Authorization and Adjustment Act of 1992 (43 U.S.C.
390h-12c), the maximum amount of the Federal share of the
cost of the project under section 1631(d)(1) of that Act (43
U.S.C. 390h-13(d)(1)) otherwise available as of the date of
enactment of this Act shall be reduced by $15,000,000.
The amendment (No. 4123) was agreed to, as follows:
(Purpose: To provide an offset)
At the end of the bill, add the following:
SEC. __. OFFSET.
Notwithstanding any other provision of law, in the case of
the project authorized by section 1617 of the Reclamation
Projects Authorization and Adjustment Act of 1992 (43 U.S.C.
390h-12c), the maximum amount of the Federal share of the
cost of the project under section 1631(d)(1) of that Act (43
U.S.C. 390h-13(d)(1)) otherwise available as of the date of
enactment of this Act shall be reduced by $2,000,000.
The committee-reported amendment in the nature of a substitute, as
amended, was agreed to.
The bill (S. 1800), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed, as follows:
S. 1800
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 ``Bureau of Reclamation
Transparency Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the water resources infrastructure of the Bureau of
Reclamation provides important benefits related to irrigated
agriculture, municipal and industrial water, hydropower,
flood control, fish and wildlife, and recreation in the 17
Reclamation States;
(2) as of 2013, the combined replacement value of the
infrastructure assets of the Bureau of Reclamation was
$94,500,000,000;
(3) the majority of the water resources infrastructure
facilities of the Bureau of Reclamation are at least 60 years
old;
(4) the Bureau of Reclamation has previously undertaken
efforts to better manage the assets of the Bureau of
Reclamation, including an annual review of asset maintenance
activities of the Bureau of Reclamation known as the ``Asset
Management Plan''; and
(5) actionable information on infrastructure conditions at
the asset level, including information on maintenance needs
at individual assets due to aging infrastructure, is needed
for Congress to conduct oversight of Reclamation facilities
and meet the needs of the public.
SEC. 3. DEFINITIONS.
In this Act:
(1) Asset.--
(A) In general.--The term ``asset'' means any of the
following assets that are used to achieve the mission of the
Bureau of Reclamation to manage, develop, and protect water
and related resources in an environmentally and economically
sound manner in the interest of the people of the United
States:
(i) Capitalized facilities, buildings, structures, project
features, power production equipment, recreation facilities,
or quarters.
(ii) Capitalized and noncapitalized heavy equipment and
other installed equipment.
(B) Inclusions.--The term ``asset'' includes assets
described in subparagraph (A) that are considered to be
mission critical.
(2) Asset management report.--The term ``Asset Management
Report'' means--
(A) the annual plan prepared by the Bureau of Reclamation
known as the ``Asset Management Plan''; and
(B) any publicly available information relating to the plan
described in subparagraph (A) that summarizes the efforts of
the Bureau of Reclamation to evaluate and manage
infrastructure assets of the Bureau of Reclamation.
(3) Major repair and rehabilitation need.--The term ``major
repair and rehabilitation need'' means major nonrecurring
maintenance at a Reclamation facility, including maintenance
related to the safety of dams, extraordinary maintenance of
dams, deferred major maintenance activities, and all other
significant repairs and extraordinary maintenance.
(4) Reclamation facility.--The term ``Reclamation
facility'' means each of the infrastructure assets that are
owned by the Bureau of Reclamation at a Reclamation project.
(5) Reclamation project.--The term ``Reclamation project''
means a project that is owned by the Bureau of Reclamation,
including all reserved works and transferred works owned by
the Bureau of Reclamation.
(6) Reserved works.--The term ``reserved works'' means
buildings, structures, facilities, or equipment that are
owned by the Bureau of Reclamation for which operations and
maintenance are performed by employees of the Bureau of
Reclamation or through a contract entered into by the Bureau
of Reclamation, regardless of the source of funding for the
operations and maintenance.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Transferred works.--The term ``transferred works''
means a Reclamation facility at which operations and
maintenance of the facility is carried out by a non-Federal
entity under the provisions of a formal operations and
maintenance transfer contract or other legal agreement with
the Bureau of Reclamation.
SEC. 4. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR RESERVED
WORKS.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress
an Asset Management Report that--
(1) describes the efforts of the Bureau of Reclamation--
(A) to maintain in a reliable manner all reserved works at
Reclamation facilities; and
(B) to standardize and streamline data reporting and
processes across regions and areas for the purpose of
maintaining reserved works at Reclamation facilities; and
(2) expands on the information otherwise provided in an
Asset Management Report, in accordance with subsection (b).
(b) Infrastructure Maintenance Needs Assessment.--
(1) In general.--The Asset Management Report submitted
under subsection (a) shall include--
(A) a detailed assessment of major repair and
rehabilitation needs for all reserved works at all
Reclamation projects; and
(B) to the extent practicable, an itemized list of major
repair and rehabilitation needs of individual Reclamation
facilities at each Reclamation project.
(2) Inclusions.--To the extent practicable, the itemized
list of major repair and rehabilitation needs under paragraph
(1)(B) shall include--
(A) a budget level cost estimate of the appropriations
needed to complete each item; and
(B) an assignment of a categorical rating for each item,
consistent with paragraph (3).
(3) Rating requirements.--
(A) In general.--The system for assigning ratings under
paragraph (2)(B) shall be--
(i) consistent with existing uniform categorization systems
to inform the annual budget process and agency requirements;
and
(ii) subject to the guidance and instructions issued under
subparagraph (B).
(B) Guidance.--As soon as practicable after the date of
enactment of this Act, the Secretary shall issue guidance
that describes the applicability of the rating system
applicable under paragraph (2)(B) to Reclamation facilities.
(4) Public availability.--Except as provided in paragraph
(5), the Secretary shall make publically available, including
on the Internet, the Asset Management Report required under
subsection (a).
(5) Confidentiality.--Subject to the discretion of the
Secretary, the Secretary may exclude from the public version
of the Asset Management Report made available under paragraph
(4) any information that the Secretary identifies as
sensitive or classified, but shall make available to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives a version of the report containing the
sensitive or classified information.
(c) Updates.--Not later than 2 years after the date on
which the Asset Management Report is submitted under
subsection (a) and biennially thereafter, the Secretary shall
update the Asset Management Report, subject to the
requirements of section 5(b)(2).
(d) Consultation.--The Secretary shall consult with the
Secretary of the Army (acting through the Chief of Engineers)
to the extent that the consultation would assist the
Secretary in preparing the Asset Management Report under
subsection (a) and updates to the Asset Management Report
under subsection (c).
SEC. 5. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR TRANSFERRED
WORKS.
(a) In General.--The Secretary shall coordinate with the
non-Federal entities responsible for the operation and
maintenance of transferred works in developing reporting
requirements for Asset Management Reports with respect to the
condition of, and planned maintenance for, transferred works
that are similar to the reporting requirements described in
section 4(b).
(b) Guidance.--
(1) In general.--After considering input from water and
power contractors of the Bureau of Reclamation, the Secretary
shall develop and implement a rating system for transferred
works that incorporates, to the maximum extent practicable,
the rating system for reserved works developed under section
4(b)(3).
(2) Updates.--The ratings system developed under paragraph
(1) shall be included in the updated Asset Management Reports
under section 4(c).
SEC. 6. OFFSET.
Notwithstanding any other provision of law, in the case of
the project authorized by
[[Page S6929]]
section 1617 of the Reclamation Projects Authorization and
Adjustment Act of 1992 (43 U.S.C. 390h-12c), the maximum
amount of the Federal share of the cost of the project under
section 1631(d)(1) of that Act (43 U.S.C. 390h-13(d)(1))
otherwise available as of the date of enactment of this Act
shall be reduced by $2,000,000.
____________________