STATUS:

• April 9, 2013.--  Introduced.
• April 16, 2013.--Subcommittee on Water and Power hearing held.
• May 16, 2013.--Full committee markup; Ordered to be reported with amendments favorably.
• July 15, 2013.--Reported to Senate with amendments. S. Rept. 113-74.
• July 15, 2013.--Placed on Senate Legislative Calendar. [Calendar No. 131].

Mni Wiconi Project Act Amendments of 2013 (Introduced in Senate - IS)

S 684 IS

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

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

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.

`(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.

`(B) AUTHORIZATION OF USE OF OTHER FEDERAL AGENCY FUNDS- Amounts made available to agencies other than the Bureau of Reclamation may 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.

`(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 under subparagraph (A).'.