[Senate Report 113-74]
[From the U.S. Government Publishing Office]
Calendar No. 131
113th Congress Report
SENATE
1st Session 113-74
======================================================================
MNI WICONI PROJECT ACT AMENDMENTS
_______
July 15, 2013.--and ordered to be printed
_______
Mr. Wyden, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 684]
The Committee on Energy and Natural Resources, to which was
referred the 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, having considered the
same, reports favorably thereon with amendments and recommends
that the bill, as amended, do pass.
The amendments are as follows:
1. On page 5, line 4, insert ``, as set forth in the plans
for completion developed under subsection (a)'' after
``transfer of existing water systems''.
2. On page 8, line 10, strike ``authority'' and insert
``authorities''.
3. On page 8, line 14, insert ``also'' before ``be used''.
4. 7 On page 11, strike lines 5 through 16 and insert the
following:
``(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 Tribes, the Rosebud Sioux Tribe,
or the Lower Brule Sioux Tribe, as applicable,
and the owner of the water system.
5. On page 11, line 22, strike ``proposed to be
transferred'' and insert ``proposed, by request of the owner of
the water system, to be transferred and improved''.
Purpose
The purpose of S. 684 is to amend the Mni Wiconi Project
Act of 1988 to facilitate completion of the Mni Wiconi Rural
Water Supply System.
Background and Need
The Mni Wiconi Project Act of 1988 (Public Law 100-516)
authorized the construction of the Mni Wiconi Rural Water
Supply Project (Project) which provides drinking water for
residents of three tribal water systems and one non-tribal
system where previous water supplies were insufficient or of
poor quality. For instance, Shannon County, South Dakota, one
of the counties where part of the Project is located, is the
poorest county in the United States, and the lack of water
supplies restricts efforts to promote economic development on
the reservation. The United States has a trust responsibility
to ensure that adequate and safe water supplies are available.
The original project included the Oglala Sioux Rural Water
Supply System, the West River Rural Water System, and the
Lyman-Jones Rural Water System. In 1994, the West River and the
Lyman-Jones Rural Water System merged. Amendments to the
Project were adopted in 1994 that added the Rosebud Sioux and
the Lower Brule Sioux Rural Water Systems and raised the
authorized appropriation ceiling for the Project to $263.2
million. The Project was reauthorized in 2002 (Public Law 110-
367) and amended again by the Consolidated Appropriations Act,
2008 (Public Law 110-161), to extend the sunset date to 2013.
Once completed, the Project is estimated to serve 52,000
people, including more than 40,000 people on the three Indian
reservations.
Similar to other large Federal rural water projects,
appropriations have failed to keep pace with projected
timelines, and additional costs have cut into construction
funding. Accordingly, project beneficiaries are asking the
Congress for an increase in the cost ceiling and extension of
its authorization in order to be completed and serve the
designated population. Without an adjustment to the cost
ceiling, project beneficiaries argue that some portions of the
Oglala Sioux Rural Water Supply System and Rosebud Sioux Rural
Water System will remain incomplete. S. 684 would raise the
Project ceiling by $14.3 million and push back the completion
date to 2016 in order to complete the Project.
Legislative History
S. 684 was introduced by Senator Johnson of South Dakota on
April 9, 2013. The Subcommittee on Water and Power held a
hearing on S. 684 on April 16, 2013. At its business meeting on
May 16, 2013, the Committee ordered S. 684 favorably reported.
In the 112th Congress, Senator Johnson introduced similar
legislation, S. 3464. The Subcommittee on Water and Power held
a hearing on September 19, 2012 (S.Hrg. 112-624).
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on May 16, 2013, by a voice vote of a
quorum present, recommends that the Senate pass S. 684, if
amended as described herein. Senators Risch, Lee, and Scott
requested to be recorded as voting no.
Committee Amendments
During its consideration of S. 684, the Committee adopted
five amendments. The principal amendment clarifies that once
the tribal water systems have been brought up to the standards
as established in the plans for completion of the systems, but
not later than 15 years after the date of enactment of S. 684,
title to each system shall be transferred to the United States,
to be held in trust for the benefit of the applicable Indian
tribe.
Section-by-Section Analysis
Section 1 provides for the short title, the ``Mni Wiconi
Project Act Amendments of 2013.''
Section 2 amends section 3 of the Mni Wiconi Project Act of
1988 (Public Law 100-516) to plan for the completion of the
Rural Water Supply System in Oglala Sioux, Rosebud Sioux, and
Lower Brule Sioux. The Secretary of the Interior is directed to
consult with Federal agencies and assist the Bureau of
Reclamation in improving and repairing existing community water
systems that are to be included within the project.
Section 3(a) amends section 10(a) of the Mni Wiconi Project
Act of 1988 (Public Law 100-516) to extend the authorization
date to 2016 and raises the authorized appropriation ceiling
for the Project by $14.3 million in construction funding.
Section 3(b) amends section 10(b) of the Mni Wiconi Project
Act of 1988 (Public Law 100-516) to provide for the operation
and maintenance of the Rural Water Supply System in Oglala
Sioux, Rosebud Sioux, and Lower Brule Sioux. After the systems
have been brought up to code as established by the plans set
forth in the legislation by the owning entity, each public or
tribal water system shall be transferred to the United States,
to be held in trust for the benefit of the applicable Indian
tribe.
Cost and Budgetary Considerations
The following estimate of costs of S. 684 has been provided
by the Congressional Budget Office:
S. 684--Mni Wiconi Project Act Amendments of 2013
Summary: S. 684 would authorize the Secretary of the
Interior, acting through the Bureau of Reclamation, to develop
plans to complete the Oglala Sioux Rural Water Supply System,
the Rosebud Sioux Rural Water Supply System, and the Lower
Brule Sioux Rural Water Supply System in southwestern South
Dakota. The bill also would authorize the bureau to enter into
agreements with other federal agencies to complete those
projects. Based on information from the Bureau of Reclamation,
and assuming appropriation of the necessary amounts, CBO
estimates that implementing S. 684 would cost $29 million over
the 2014-2018 period and an additional $62 million after 2018.
Pay-as-you-go procedures do not apply to this legislation
because it would not affect direct spending or revenues.
S. 684 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 684 is shown in the following table. The
costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2014 2015 2016 2017 2018 2014-2018
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level........................... 0 8 12 6 6 32
Estimated Outlays....................................... 0 5 9 8 7 29
----------------------------------------------------------------------------------------------------------------
Basis of Estimate: For this estimate, CBO assumes that S.
684 will be enacted late in 2013 and that the necessary amounts
will be appropriated over the next several years.
S. 684 would require the Bureau of Reclamation to develop
plans to complete the three water supply systems in
southwestern South Dakota within 15 years. Those plans would
require the bureau to enter into agreements with other federal
agencies, including the Environmental Protection Agency, the
Department of Agriculture, the Department of Housing and Urban
Development, and the Bureau of Indian Affairs, to upgrade those
systems, connect certain rural water users to those systems,
and construct a water distribution system for livestock. The
bureau also would be required to complete drinking water
distribution systems on two Indian reservations that are part
of the affected water supply systems.
S. 684 would specifically authorize the appropriation of
$14 million for the bureau to complete the necessary activities
and would authorize the appropriation of whatever sums are
necessary for other agencies to assist in completion of that
work. Under the bill, the bureau would be tasked with
coordinating work by all federal agencies. Based on information
from the Bureau of Reclamation, CBO estimates that enacting the
legislation would cost $29 million over the 2014-2018 period
and an additional $62 million after 2018.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: S. 684
contains no intergovernmental or private-sector mandates as
defined in UMRA. Enacting this bill would benefit tribes in
South Dakota.
Estimate prepared by: Federal Costs: Aurora Swanson; Impact
on State, Local, and Tribal Governments: Melissa Merrell;
Impact on the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 684.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 684, as ordered reported.
Congressionally Directed Spending
S. 684, as introduced by Senator Johnson and reported by
the Committee authorizes appropriation of an additional
$14,308,000 to complete the planning, design, and construction
of the Oglala Sioux Rural Water Supply System, the Rosebud
Sioux Rural Water Supply System, the Lower Brule Sioux Rural
Water Supply System, the West River Rural Water Supply System,
and the Lyman-Jones Rural Water Supply System.
Executive Communications
The testimony provided by the U.S. Department of the
Interior, Bureau of Reclamation at the April 16, 2013,
Subcommittee on Water and Power hearing on S. 684 follows:
Statement of Robert Quint, Senior Advisor, Bureau of Reclamation,
Department of the Interior
Chairman Schatz and members of the Subcommittee, I am Bob
Quint, Senior Advisor at the Bureau of Reclamation
(Reclamation). I am pleased to provide the views of the
Department of the Interior (Department) on S. 684, the Mni
Wiconi Project Act Amendments of 2013. The Department
recognizes that meaningful changes to this bill have been made
since prior related legislation was heard during the 112th
Congress. However, if enacted, this updated version of the bill
would still expand the scope and authorization ceiling of the
Mni Wiconi Rural Water Supply Project, and have significant
impacts on the budgets of both Reclamation and the Bureau of
Indian Affairs. For the reasons described below, the Department
cannot support S. 684.
The Mni Wiconi Rural Water Supply Project is a municipal,
rural and industrial project that serves both tribal and non-
tribal populations of the Pine Ridge, Rosebud, and Lower Brule
Indian Reservations and the West River Lyman-Jones Rural Water
System in seven counties of southwestern South Dakota.
Responsibilities of the Secretary under the Mni Wiconi Rural
Project Act (Public Law 100-516) include the operation and
maintenance of existing water systems, including the core
treatment plant and pipelines, and appurtenant facilities on
the Pine Ridge, Rosebud and Lower Brule Indian Reservations.
With the funding requested in the President's FY 2013 budget,
the majority of the population of the project will be served.
The Lower Brule and West River Lyman-Jones portions of the
project will be completed. Generally those not connected to the
project (approximately 2.5% of the population on Rosebud and
Pine Ridge Reservation) are served by community water systems
or individual wells. Reclamation would be happy to facilitate
or coordinate action with other federal agencies to address the
needs identified by the bill's sponsor. Reclamation has a
backlog of authorized but not constructed projects. Therefore,
we have concerns about adding to the scope of an existing
project that is nearly complete.
Section 2 of S. 684 directs the Secretary of the Interior
to develop a plan for completion of the Oglala Sioux Rural
Water Supply System, the Rosebud Sioux Rural Water Supply
System, and the Lower Brule Sioux Rural Water System. Planning
the completion of the systems is dependent on future
appropriations as well as Reclamation's need for flexibility in
decision-making relative to all authorized rural water
projects. Reclamation must constantly assess and prioritize
these kinds of projects to maximize the agency's ability to
meet its programmatic goals, to maximize water deliveries to
rural communities as efficiently as possible, and to reflect
the diverse needs and circumstances facing each individual
project. The Department would like to work with project
sponsors of the bill to discuss plans for completion, and
clarifying the roles, responsibilities, and authorities of
Federal agencies involved in the project. An interagency
agreement, as proposed by Reclamation during the August 8, 2012
Joint Consultation Meeting with Federal Agencies, has the
potential to achieve many of these objectives. Further,
Reclamation is continuing to evaluate the facility improvements
needed to transfer and incorporate existing community water
systems.
Section 2 also directs the Director of the Bureau of Indian
Affairs, through the use of existing programs and annual
appropriations, to 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 systems.
The Bureau of Indian Affairs has no existing programs or annual
appropriations for the construction, repair, or upgrading of
plumbing fixtures or septic systems on private residences. Such
function has usually been the responsibility of Health and
Human Services or Indian Health Service.
Section 3(a) of S. 684 would increase the authorized Mni
Wiconi cost ceiling by an additional $14,308,000, based on
October 1, 2011, price levels. Reclamation has worked closely
with the project sponsors to ensure completed features will be
functional and provide intended benefits within the currently
authorized cost ceiling. The Department continues to believe
that the FY 2013 President's request of $23 million for
construction provides sufficient funding to meet the objectives
of the Project as authorized. Recently enacted final
appropriations for FY 2013 will determine final allocations to
the project. In FY 2014, the Department is continuing to meet
its longer-term obligation to fund operations and maintenance
for the Mni Wiconi project's Indian sponsors features through
Reclamation's request for $12 million in new FY 2014
appropriations.
Section 3(b)(5) would transfer existing public or tribal
water systems ``in trust to the applicable rural water system''
upon requests from the Tribes or owner of such system. This
language leaves some uncertainty in ownership as it doesn't
identify the nature of the ``trust''. Language in sections
3A(e) and 3B(e) of the current Act identifies that ownership is
to be held in trust for the tribe by the United States. Section
3(b) also authorizes appropriations for operation and
maintenance to be used for the improvement, repair, and
replacement of existing public or tribal water systems prior to
and after their transfer into the respective project system.
Reclamation had previously determined that the costs of
upgrading existing community facilities should be properly
allocated to the construction component of the project. Since
these existing systems were originally constructed using funds
and authorities of other agencies, Reclamation believes any
funding for improvements needed to correct deficiencies in
existing systems should be discussed among the various
responsible agencies before those systems are accepted into the
project.
This concludes my written statement. I would be pleased to
answer questions at the appropriate time.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 684 as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
MNI WICONI PROJECT ACT OF 1988
(Public Law 100-516; as amended)
AN ACT To authorize construction of the Mni Wiconi Rural Water Supply
Project, and for other purposes.
* * * * * * *
SEC. 3. OGLALA SIOUX RURAL WATER SUPPLY SYSTEM.
* * * * * * *
SEC. 3A. ROSEBUD SIOUX RURAL WATER SYSTEM.
* * * * * * *
SEC. 3B. LOWER BRULE SIOUX RURAL WATER SYSTEM.
* * * * * * *
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. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) Planning, Design, and Construction.--There are
authorized to be appropriated $263,241,000 [and $58,800,000
(based on October 1, 1997, price levels)] $58,800,000 (based on
October 1, 1997 price levels), and $14,308,000 (based on
October 1, 2011 price levels) for the planning, design, and
construction of the Oglala Sioux Rural Water Supply System, the
Rosebud Sioux Rural Water Supply System, the Lower Brule Sioux
Rural Water Supply System, the West River Rural Water Supply
System, and the Lyman-Jones Rural Water Supply System described
in section 3, 3A, 3B, and 4. Such funds are authorized to be
appropriated only through the end of the year [2013] 2016. The
funds authorized to be appropriated by the first sentence of
this section, less any amounts previously obligated for the
Systems, may be increased or decreased by such amounts as may
be justified by reason of ordinary fluctuations in development
costs incurred after October 1, 1992 (with respect to the
$263,241,000), [and October 1, 1997 (with respect to the
$58,800,000)] $58,800,000 (based on October 1, 1997 price
levels), and $14,308,000 (based on October 1, 2011 price
levels), as indicated by engineering costs indices applicable
for the type of construction involved.
* * * * * * *
(b) Operation and Maintenance of Oglala Sioux Rural Water
Supply System, Rosebud Sioux Rural Water Supply System and
Lower Brule Sioux Rural Water Supply System.--[There are]
(1) Operation and maintenance.--
(A) In general.--There are authorized to be
appropriated such sums as may be necessary for
the operation and maintenance of the Oglala
Sioux Rural Water Supply System, Rosebud Sioux
Rural Water Supply System and Lower Brule Sioux
Rural Water Supply System. [The operation]
(B) West river and lyman-jones rural water
systems.--
(i) In general.--The operation and
maintenance expenses associated with
water deliveries to the West River and
Lyman-Jones Rural Water Systems are a
non-Federal responsibility and for such
deliveries the Secretary shall enter
into a contract with the West River and
Lyman-Jones Systems for the payment of
an annual operation and maintenance
fee. [Such fee]
(ii) Fee basis.--The fee described in
clause (i) shall be based on the
incremental operation and maintenance
costs for water actually delivered each
year to the West River and Lyman-Jones
Rural Water Systems. [Such operation
and maintenance payments]
(iii) Adjustment of payments.--The
operation and maintenance payments
under this subparagraph shall be
increased or decreased by such amounts
as may be justified by reason of
ordinary fluctuations as indicated by
indices applicable to comparable
regional rural water supply systems for
the type of operation and maintenance
involved.
(2) Community water systems upgrades.--
(A) In general.--After the date on which the
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).
* * * * * * *