[Congressional Record (Bound Edition), Volume 160 (2014), Part 13]
[Senate]
[Pages 19020-19024]
[From the U.S. 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,

     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.).

[[Page 19021]]

       ``(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 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.

[[Page 19022]]

       (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:

                                 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

[[Page 19023]]

     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 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.

[[Page 19024]]



     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 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.

                          ____________________