[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 684 Engrossed in Senate (ES)]
113th CONGRESS
2d Session
S. 684
_______________________________________________________________________
AN ACT
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 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.
Passed the Senate December 16, 2014.
Attest:
Secretary.
113th CONGRESS
2d Session
S. 684
_______________________________________________________________________
AN ACT
To amend the Mni Wiconi Project Act of 1988 to facilitate completion of
the Mni Wiconi Rural Water Supply System, and for other purposes.