congressional_record: CREC-2014-12-16-pt1-PgS6924-11
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| CREC-2014-12-16-pt1-PgS6924-11 | 2014-12-16 | 113 | 2 | MNI WICONI PROJECT ACT AMENDMENTS OF 2013 | SENATE | SENATE | ALLOTHER | S6924 | S6929 | [{"name": "Mark L. Pryor", "role": "speaking"}] | [{"congress": "113", "type": "S", "number": "684"}, {"congress": "113", "type": "S", "number": "684"}, {"congress": "113", "type": "S", "number": "1800"}, {"congress": "113", "type": "S", "number": "1800"}] | 160 Cong. Rec. S6924 | Congressional Record, Volume 160 Issue 155 (Tuesday, December 16, 2014) [Congressional Record Volume 160, Number 155 (Tuesday, December 16, 2014)] [Senate] [Pages S6924-S6929] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] MNI WICONI PROJECT ACT AMENDMENTS OF 2013 ______ BUREAU OF RECLAMATION TRANSPARENCY ACT Mr. PRYOR. Mr. President, I ask unanimous consent that the Senate proceed to the consideration of the following bills en bloc: Calendar No. 131, S. 684; and Calendar No. 513, S. 1800. The PRESIDING OFFICER. The clerk will report the bills by title en bloc. The assistant legislative clerk read as follows: A bill (S. 684) to amend the Mni Wiconi Project Act of 1988 to facilitate completion of the Mni Wiconi Rural Water Supply System, and for other purposes. There being no objection, the Senate proceeded to consider the bill, which had been reported from the Committee on Energy and Natural Resources, with amendments, as follows: (The parts of the bill intended to be stricken are shown in boldface brackets and the parts of the bill intended to be inserted are shown in italic.) S. 684 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [[Page S6925]] SECTION 1. SHORT TITLE. This Act may be cited as the ``Mni Wiconi Project Act Amendments of 2013''. SEC. 2. OTHER AGENCY ASSISTANCE. The Mni Wiconi Project Act of 1988 (Public Law 100-516; 102 Stat. 2566; 108 Stat. 4543) is amended by inserting after section 3B the following: ``SEC. 3C. PLANS FOR COMPLETING THE OGLALA SIOUX RURAL WATER SUPPLY SYSTEM, ROSEBUD SIOUX RURAL WATER SYSTEM, AND LOWER BRULE SIOUX RURAL WATER SYSTEM. ``(a) Plans for Completion.-- ``(1) In general.--In consultation with the Oglala Sioux Tribe, the Rosebud Sioux Tribe, and the Lower Brule Sioux Tribe, as applicable, and the Federal agency heads listed in subsection (b)(1), the Secretary shall develop plans to complete the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System. ``(2) Contents.--The plan for each water supply system described in paragraph (1) shall require-- ``(A) the completion of remaining components of the applicable system in accordance with the Final Engineering Report dated May 1993; ``(B) the improvement, repair, and replacement of existing water systems; and ``(C) the transfer of those existing water systems to the United States, to be held in trust for the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe, as applicable, and made part of the applicable rural water system. ``(3) Submission to congress.--Not later than 2 years after the date of enactment of this section, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives-- ``(A) a copy of each plan developed under this subsection, including a schedule for full implementation of the plan that shall not exceed a period of 15 years after the date of enactment of this section; ``(B) a report that includes-- ``(i) a description of the roles and responsibilities of each of the heads of the Federal agencies listed in subsection (b)(1) (including the Commissioner of the Bureau of Reclamation) relating to the completion of the water supply systems, including with respect to the improvement, repair, and replacement of the existing water systems before and after transfer; ``(ii) the program authorities of each Federal agency listed in subsection (b)(1) and a description of how the heads of the Federal agencies will work together to complete and implement the plans; and ``(iii) the amount of funding and any other need the Secretary determines to be necessary to complete and implement the plans; and ``(C) as applicable, a description of the roles and responsibilities of the heads of other Federal agencies that have existing authorities to provide assistance to the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe. ``(b) Interagency Agreements.-- ``(1) In general.--Notwithstanding any other provision of law, the Secretary shall enter into agreements with the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, the Secretary of Health and Human Services, and the Secretary of Housing and Urban Development-- ``(A) to fulfill the trust responsibility of the United States; and ``(B) to complete the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System in accordance with the Final Engineering Report dated May 1993, including the transfer of existing water systems, as set forth in the plans for completion developed under subsection (a). ``(2) Cooperation.-- ``(A) In general.--The heads of the Federal agencies described in paragraph (1) shall assist the Secretary in completing the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System pursuant to sections 3(a), 3A(a), and 3B(a), respectively, including by-- ``(i) improving, repairing, and replacing existing water systems as set forth in the plans developed under subsection (a); and ``(ii) constructing new rural water facilities, service lines, and other necessary features. ``(B) Administrator of the environmental protection agency.--The Administrator of the Environmental Protection Agency shall assist the Secretary in meeting the environmental and safe drinking water needs of the Pine Ridge Indian Reservation, the Rosebud Indian Reservation, and the Lower Brule Indian Reservation, including through compliance with the Safe Drinking Water Act (42 U.S.C. 300f et seq.). ``(C) Secretary of health and human services.--The Secretary of Health and Human Services shall assist the Secretary in meeting the water supply and public health needs of the Pine Ridge Indian Reservation, the Rosebud Indian Reservation, and the Lower Brule Indian Reservation, including through compliance with the Act of August 5, 1954 (commonly known as the `Indian Sanitation Facilities Act') (42 U.S.C. 2001 et seq.). ``(D) Secretary of housing and urban development.--The Secretary of Housing and Urban Development shall assist the Secretary by carrying out projects to connect houses that are eligible for funding from the Department of Housing and Urban Development on the reservations of the Oglala Sioux Tribe, the Rosebud Sioux Tribe, and the Lower Brule Sioux Tribe, through plumbing, water pipes, appurtenances, and interconnections to the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System, respectively, to meet the water conservation standards of those water supply systems. ``(3) Livestock distribution systems.-- ``(A) In general.--The Secretary and the Secretary of Agriculture shall, through the use of authorities of the Bureau of Indian Affairs and the Department of Agriculture, respectively, complete, during a period not to exceed 15 years after the date of enactment of this section, the livestock distribution system for the Oglala Sioux Rural Water Supply System and the Rosebud Sioux Rural Water System, consistent with the Final Engineering Report dated May 1993. ``(B) Administration.--For each water supply system described in subparagraph (A), the Secretary shall enter into agreements with the Secretary of Agriculture and the Director of the Bureau of Indian Affairs that set forth the specific responsibilities of each agency concerning the construction of the livestock distribution systems. ``(4) Lead agency.--The Department of the Interior, acting through the Bureau of Reclamation, shall act as the lead agency in carrying out this section. ``(5) Administration.-- ``(A) In general.--Each agency head shall carry out the duties of the agency head under this subsection out of amounts made available to the agency head under annual appropriations and existing [authority] authorities. ``(B) Authorization of use of other federal agency funds.-- Amounts made available to agencies other than the Bureau of Reclamation may also be used to carry out this Act. ``(C) Additional funding requests.--Nothing in this subsection prohibits the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe from applying for, seeking, or obtaining amounts from the Federal agencies referred to in paragraph (1) for any other purpose. ``(c) Upgrading Standards for Connecting Homes.--The Director of the Bureau of Indian Affairs shall, through the use of existing programs and annual appropriations, assist the Secretary in completing the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System by constructing, repairing, and upgrading plumbing fixtures, skirting, and other necessary features, such as septic tanks and drainfields, to ensure that houses within the service areas are able to meet the standards for connecting to those water systems.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. (a) Planning, Design, and Construction.--Section 10(a) of the Mni Wiconi Project Act of 1988 (Public Law 100-516; 102 Stat. 2571; 108 Stat. 4545; 116 Stat. 3033; 121 Stat. 1954) is amended-- (1) in the first sentence, by striking ``and $58,800,000 (based on October 1, 1997 price levels)'' and inserting ``, $58,800,000 (based on October 1, 1997 price levels), and $14,308,000 (based on October 1, 2011 price levels)''; (2) in the second sentence, by striking ``2013'' and inserting ``2016''; and (3) in the third sentence, by striking ``and October 1, 1997 (with respect to the $58,800,000)'' and inserting ``, October 1, 1997 (with respect to the $58,800,000), and October 1, 2011 (with respect to the $14,308,000)''. (b) Operation and Maintenance of Oglala Sioux Rural Water Supply System, Rosebud Sioux Rural Water Supply System, and Lower Brule Sioux Water Supply System.--Section 10(b) of the Mni Wiconi Project Act of 1988 (Public Law 100-516; 102 Stat. 2571; 108 Stat. 4545) is amended-- (1) in the first sentence, by striking ``There are'' and inserting the following: ``(1) Operation and maintenance.-- ``(A) In general.--There are''; (2) in the second sentence, by striking ``The operation'' and inserting the following: ``(B) West river and lyman-jones rural water systems.-- ``(i) In general.--The operation''; (3) in the third sentence, by striking ``Such fee'' and inserting the following: ``(ii) Fee basis.--The fee described in clause (i)''; (4) in the fourth sentence, by striking ``Such operation and maintenance payments'' and inserting the following: ``(iii) Adjustment of payments.--The operation and maintenance payments under this subparagraph''; and (5) by adding after paragraph (1) (as so designated) the following: ``(2) Community water systems upgrades.-- [``(A) In general.--Not later than 5 years after the date of enactment of the Mni Wiconi Project Act Amendments of 2013, each public or tribal water system that is in existence on the date of enactment of this paragraph shall be transferred to the applicable rural water supply system, to be held in trust by the United States for the benefit of the applicable Indian tribe, on the request of the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe, as applicable, and the owner of the water system.] ``(A) In general.--After the date on which public or tribal water systems on the Pine Ridge [[Page S6926]] Indian Reservation, the Rosebud Indian Reservation, and the Lower Brule Indian Reservation that are in existence on the date of enactment of this paragraph have been brought up to the standards for the water systems established in the plans developed under section 3C(a), but not later than 15 years after the date of enactment of this paragraph, title to each of the water systems shall be transferred to the United States, to be held in trust for the benefit of the applicable Indian tribe, on the request of the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe, as applicable, and the owner of the water system. ``(B) Improvements and repairs and replacement.--The Secretary shall use amounts authorized to be appropriated under paragraph (1) for the improvement, repair, and replacement of any water system that is transferred or [proposed to be transferred] proposed, by request of the owner of the water system, to be transferred and improved under subparagraph (A).''. A bill (S. 1800) to require the Secretary of the Interior to submit to Congress a report on the efforts of the Bureau of Reclamation to manage its infrastructure assets. There being no objection, the Senate proceeded to consider the bill, which had been reported from the Committee on Energy and Natural Resources, with an amendment to strike all after the enacting clause and insert in lieu thereof the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``Bureau of Reclamation Transparency Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the water resources infrastructure of the Bureau of Reclamation provides important benefits related to irrigated agriculture, municipal and industrial water, hydropower, flood control, fish and wildlife, and recreation in the 17 Reclamation States; (2) as of 2013, the combined replacement value of the infrastructure assets of the Bureau of Reclamation was $94,500,000,000; (3) the majority of the water resources infrastructure facilities of the Bureau of Reclamation are at least 60 years old; (4) the Bureau of Reclamation has previously undertaken efforts to better manage the assets of the Bureau of Reclamation, including an annual review of asset maintenance activities of the Bureau of Reclamation known as the ``Asset Management Plan''; and (5) actionable information on infrastructure conditions at the asset level, including information on maintenance needs at individual assets due to aging infrastructure, is needed for Congress to conduct oversight of Reclamation facilities and meet the needs of the public. SEC. 3. DEFINITIONS. In this Act: (1) Asset.-- (A) In general.--The term ``asset'' means any of the following assets that are used to achieve the mission of the Bureau of Reclamation to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the people of the United States: (i) Capitalized facilities, buildings, structures, project features, power production equipment, recreation facilities, or quarters. (ii) Capitalized and noncapitalized heavy equipment and other installed equipment. (B) Inclusions.--The term ``asset'' includes assets described in subparagraph (A) that are considered to be mission critical. (2) Asset management report.--The term ``Asset Management Report'' means-- (A) the annual plan prepared by the Bureau of Reclamation known as the ``Asset Management Plan''; and (B) any publicly available information relating to the plan described in subparagraph (A) that summarizes the efforts of the Bureau of Reclamation to evaluate and manage infrastructure assets of the Bureau of Reclamation. (3) Major repair and rehabilitation need.--The term ``major repair and rehabilitation need'' means major nonrecurring maintenance at a Reclamation facility, including maintenance related to the safety of dams, extraordinary maintenance of dams, deferred major maintenance activities, and all other significant repairs and extraordinary maintenance. (4) Reclamation facility.--The term ``Reclamation facility'' means each of the infrastructure assets that are owned by the Bureau of Reclamation at a Reclamation project. (5) Reclamation project.--The term ``Reclamation project'' means a project that is owned by the Bureau of Reclamation, including all reserved works and transferred works owned by the Bureau of Reclamation. (6) Reserved works.--The term ``reserved works'' means buildings, structures, facilities, or equipment that are owned by the Bureau of Reclamation for which operations and maintenance are performed by employees of the Bureau of Reclamation or through a contract entered into by the Bureau of Reclamation, regardless of the source of funding for the operations and maintenance. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (8) Transferred works.--The term ``transferred works'' means a Reclamation facility at which operations and maintenance of the facility is carried out by a non-Federal entity under the provisions of a formal operations and maintenance transfer contract or other legal agreement with the Bureau of Reclamation. SEC. 4. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR RESERVED WORKS. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress an Asset Management Report that-- (1) describes the efforts of the Bureau of Reclamation-- (A) to maintain in a reliable manner all reserved works at Reclamation facilities; and (B) to standardize and streamline data reporting and processes across regions and areas for the purpose of maintaining reserved works at Reclamation facilities; and (2) expands on the information otherwise provided in an Asset Management Report, in accordance with subsection (b). (b) Infrastructure Maintenance Needs Assessment.-- (1) In general.--The Asset Management Report submitted under subsection (a) shall include-- (A) a detailed assessment of major repair and rehabilitation needs for all reserved works at all Reclamation projects; and (B) to the extent practicable, an itemized list of major repair and rehabilitation needs of individual Reclamation facilities at each Reclamation project. (2) Inclusions.--To the extent practicable, the itemized list of major repair and rehabilitation needs under paragraph (1)(B) shall include-- (A) a budget level cost estimate of the appropriations needed to complete each item; and (B) an assignment of a categorical rating for each item, consistent with paragraph (3). (3) Rating requirements.-- (A) In general.--The system for assigning ratings under paragraph (2)(B) shall be-- (i) consistent with existing uniform categorization systems to inform the annual budget process and agency requirements; and (ii) subject to the guidance and instructions issued under subparagraph (B). (B) Guidance.--As soon as practicable after the date of enactment of this Act, the Secretary shall issue guidance that describes the applicability of the rating system applicable under paragraph (2)(B) to Reclamation facilities. (4) Public availability.--Except as provided in paragraph (5), the Secretary shall make publically available, including on the Internet, the Asset Management Report required under subsection (a). (5) Confidentiality.--Subject to the discretion of the Secretary, the Secretary may exclude from the public version of the Asset Management Report made available under paragraph (4) any information that the Secretary identifies as sensitive or classified, but shall make available to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a version of the report containing the sensitive or classified information. (c) Updates.--Not later than 2 years after the date on which the Asset Management Report is submitted under subsection (a) and biennially thereafter, the Secretary shall update the Asset Management Report, subject to the requirements of section 5(b)(2). (d) Consultation.--The Secretary shall consult with the Secretary of the Army (acting through the Chief of Engineers) to the extent that the consultation would assist the Secretary in preparing the Asset Management Report under subsection (a) and updates to the Asset Management Report under subsection (c). SEC. 5. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR TRANSFERRED WORKS. (a) In General.--The Secretary shall coordinate with the non-Federal entities responsible for the operation and maintenance of transferred works in developing reporting requirements for Asset Management Reports with respect to the condition of, and planned maintenance for, transferred works that are similar to the reporting requirements described in section 4(b) (b) Guidance.-- (1) In general.--After considering input from water and power contractors of the Bureau of Reclamation, the Secretary shall develop and implement a rating system for transferred works that incorporates, to the maximum extent practicable, the rating system for reserved works developed under section 4(b)(3). (2) Updates.--The ratings system developed under paragraph (1) shall be included in the updated Asset Management Reports under section 4(c). Mr. PRYOR. I ask unanimous consent that the committee-reported amendments be considered; that the Johnson amendment relative to S. 684 and the Barrasso amendment relative to S. 1800, which are at the desk, be agreed to; that the committee-reported amendments, as amended, be agreed to, and the bills, as amended, be read a third time and passed en bloc. The PRESIDING OFFICER. Without objection, it is so ordered. The amendment (No. 4122) was agreed to, as follows: (Purpose: To provide an offset) At the end of the bill, add the following: SEC. __. OFFSET. Notwithstanding any other provision of law, in the case of the project authorized by section 1617 of the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 390h-12c), the maximum amount of the Federal share of the cost of the project under section 1631(d)(1) of that Act (43 U.S.C. 390h-13(d)(1)) otherwise available as of the date of enactment of this Act shall be reduced by $15,000,000. The committee-reported amendments, as amended, were agreed to. The bill (S. 684), as amended, was ordered to be engrossed for a third reading, was read the third time, and passed, as follows: [[Page S6927]] S. 684 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Mni Wiconi Project Act Amendments of 2013''. SEC. 2. OTHER AGENCY ASSISTANCE. The Mni Wiconi Project Act of 1988 (Public Law 100-516; 102 Stat. 2566; 108 Stat. 4543) is amended by inserting after section 3B the following: ``SEC. 3C. PLANS FOR COMPLETING THE OGLALA SIOUX RURAL WATER SUPPLY SYSTEM, ROSEBUD SIOUX RURAL WATER SYSTEM, AND LOWER BRULE SIOUX RURAL WATER SYSTEM. ``(a) Plans for Completion.-- ``(1) In general.--In consultation with the Oglala Sioux Tribe, the Rosebud Sioux Tribe, and the Lower Brule Sioux Tribe, as applicable, and the Federal agency heads listed in subsection (b)(1), the Secretary shall develop plans to complete the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System. ``(2) Contents.--The plan for each water supply system described in paragraph (1) shall require-- ``(A) the completion of remaining components of the applicable system in accordance with the Final Engineering Report dated May 1993; ``(B) the improvement, repair, and replacement of existing water systems; and ``(C) the transfer of those existing water systems to the United States, to be held in trust for the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe, as applicable, and made part of the applicable rural water system. ``(3) Submission to congress.--Not later than 2 years after the date of enactment of this section, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives-- ``(A) a copy of each plan developed under this subsection, including a schedule for full implementation of the plan that shall not exceed a period of 15 years after the date of enactment of this section; ``(B) a report that includes-- ``(i) a description of the roles and responsibilities of each of the heads of the Federal agencies listed in subsection (b)(1) (including the Commissioner of the Bureau of Reclamation) relating to the completion of the water supply systems, including with respect to the improvement, repair, and replacement of the existing water systems before and after transfer; ``(ii) the program authorities of each Federal agency listed in subsection (b)(1) and a description of how the heads of the Federal agencies will work together to complete and implement the plans; and ``(iii) the amount of funding and any other need the Secretary determines to be necessary to complete and implement the plans; and ``(C) as applicable, a description of the roles and responsibilities of the heads of other Federal agencies that have existing authorities to provide assistance to the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe. ``(b) Interagency Agreements.-- ``(1) In general.--Notwithstanding any other provision of law, the Secretary shall enter into agreements with the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, the Secretary of Health and Human Services, and the Secretary of Housing and Urban Development-- ``(A) to fulfill the trust responsibility of the United States; and ``(B) to complete the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System in accordance with the Final Engineering Report dated May 1993, including the transfer of existing water systems, as set forth in the plans for completion developed under subsection (a). ``(2) Cooperation.-- ``(A) In general.--The heads of the Federal agencies described in paragraph (1) shall assist the Secretary in completing the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System pursuant to sections 3(a), 3A(a), and 3B(a), respectively, including by-- ``(i) improving, repairing, and replacing existing water systems as set forth in the plans developed under subsection (a); and ``(ii) constructing new rural water facilities, service lines, and other necessary features. ``(B) Administrator of the environmental protection agency.--The Administrator of the Environmental Protection Agency shall assist the Secretary in meeting the environmental and safe drinking water needs of the Pine Ridge Indian Reservation, the Rosebud Indian Reservation, and the Lower Brule Indian Reservation, including through compliance with the Safe Drinking Water Act (42 U.S.C. 300f et seq.). ``(C) Secretary of health and human services.--The Secretary of Health and Human Services shall assist the Secretary in meeting the water supply and public health needs of the Pine Ridge Indian Reservation, the Rosebud Indian Reservation, and the Lower Brule Indian Reservation, including through compliance with the Act of August 5, 1954 (commonly known as the `Indian Sanitation Facilities Act') (42 U.S.C. 2001 et seq.). ``(D) Secretary of housing and urban development.--The Secretary of Housing and Urban Development shall assist the Secretary by carrying out projects to connect houses that are eligible for funding from the Department of Housing and Urban Development on the reservations of the Oglala Sioux Tribe, the Rosebud Sioux Tribe, and the Lower Brule Sioux Tribe, through plumbing, water pipes, appurtenances, and interconnections to the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System, respectively, to meet the water conservation standards of those water supply systems. ``(3) Livestock distribution systems.-- ``(A) In general.--The Secretary and the Secretary of Agriculture shall, through the use of authorities of the Bureau of Indian Affairs and the Department of Agriculture, respectively, complete, during a period not to exceed 15 years after the date of enactment of this section, the livestock distribution system for the Oglala Sioux Rural Water Supply System and the Rosebud Sioux Rural Water System, consistent with the Final Engineering Report dated May 1993. ``(B) Administration.--For each water supply system described in subparagraph (A), the Secretary shall enter into agreements with the Secretary of Agriculture and the Director of the Bureau of Indian Affairs that set forth the specific responsibilities of each agency concerning the construction of the livestock distribution systems. ``(4) Lead agency.--The Department of the Interior, acting through the Bureau of Reclamation, shall act as the lead agency in carrying out this section. ``(5) Administration.-- ``(A) In general.--Each agency head shall carry out the duties of the agency head under this subsection out of amounts made available to the agency head under annual appropriations and existing authorities. ``(B) Authorization of use of other federal agency funds.-- Amounts made available to agencies other than the Bureau of Reclamation may also be used to carry out this Act. ``(C) Additional funding requests.--Nothing in this subsection prohibits the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe from applying for, seeking, or obtaining amounts from the Federal agencies referred to in paragraph (1) for any other purpose. ``(c) Upgrading Standards for Connecting Homes.--The Director of the Bureau of Indian Affairs shall, through the use of existing programs and annual appropriations, assist the Secretary in completing the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System by constructing, repairing, and upgrading plumbing fixtures, skirting, and other necessary features, such as septic tanks and drainfields, to ensure that houses within the service areas are able to meet the standards for connecting to those water systems.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. (a) Planning, Design, and Construction.--Section 10(a) of the Mni Wiconi Project Act of 1988 (Public Law 100-516; 102 Stat. 2571; 108 Stat. 4545; 116 Stat. 3033; 121 Stat. 1954) is amended-- (1) in the first sentence, by striking ``and $58,800,000 (based on October 1, 1997 price levels)'' and inserting ``, $58,800,000 (based on October 1, 1997 price levels), and $14,308,000 (based on October 1, 2011 price levels)''; (2) in the second sentence, by striking ``2013'' and inserting ``2016''; and (3) in the third sentence, by striking ``and October 1, 1997 (with respect to the $58,800,000)'' and inserting ``, October 1, 1997 (with respect to the $58,800,000), and October 1, 2011 (with respect to the $14,308,000)''. (b) Operation and Maintenance of Oglala Sioux Rural Water Supply System, Rosebud Sioux Rural Water Supply System, and Lower Brule Sioux Water Supply System.--Section 10(b) of the Mni Wiconi Project Act of 1988 (Public Law 100-516; 102 Stat. 2571; 108 Stat. 4545) is amended-- (1) in the first sentence, by striking ``There are'' and inserting the following: ``(1) Operation and maintenance.-- ``(A) In general.--There are''; (2) in the second sentence, by striking ``The operation'' and inserting the following: ``(B) West river and lyman-jones rural water systems.-- ``(i) In general.--The operation''; (3) in the third sentence, by striking ``Such fee'' and inserting the following: ``(ii) Fee basis.--The fee described in clause (i)''; (4) in the fourth sentence, by striking ``Such operation and maintenance payments'' and inserting the following: ``(iii) Adjustment of payments.--The operation and maintenance payments under this subparagraph''; and (5) by adding after paragraph (1) (as so designated) the following: ``(2) Community water systems upgrades.-- ``(A) In general.--After the date on which public or tribal water systems on the Pine Ridge Indian Reservation, the Rosebud Indian Reservation, and the Lower Brule Indian Reservation that are in existence on the date of enactment of this paragraph have been brought up to the standards for the water systems established in the plans developed under section 3C(a), but not later than 15 years after the date of enactment of this [[Page S6928]] paragraph, title to each of the water systems shall be transferred to the United States, to be held in trust for the benefit of the applicable Indian tribe, on the request of the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe, as applicable, and the owner of the water system. ``(B) Improvements and repairs and replacement.--The Secretary shall use amounts authorized to be appropriated under paragraph (1) for the improvement, repair, and replacement of any water system that is transferred or proposed, by request of the owner of the water system, to be transferred and improved under subparagraph (A).''. SEC. 4. OFFSET. Notwithstanding any other provision of law, in the case of the project authorized by section 1617 of the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 390h-12c), the maximum amount of the Federal share of the cost of the project under section 1631(d)(1) of that Act (43 U.S.C. 390h-13(d)(1)) otherwise available as of the date of enactment of this Act shall be reduced by $15,000,000. The amendment (No. 4123) was agreed to, as follows: (Purpose: To provide an offset) At the end of the bill, add the following: SEC. __. OFFSET. Notwithstanding any other provision of law, in the case of the project authorized by section 1617 of the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 390h-12c), the maximum amount of the Federal share of the cost of the project under section 1631(d)(1) of that Act (43 U.S.C. 390h-13(d)(1)) otherwise available as of the date of enactment of this Act shall be reduced by $2,000,000. The committee-reported amendment in the nature of a substitute, as amended, was agreed to. The bill (S. 1800), as amended, was ordered to be engrossed for a third reading, was read the third time, and passed, as follows: S. 1800 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Bureau of Reclamation Transparency Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the water resources infrastructure of the Bureau of Reclamation provides important benefits related to irrigated agriculture, municipal and industrial water, hydropower, flood control, fish and wildlife, and recreation in the 17 Reclamation States; (2) as of 2013, the combined replacement value of the infrastructure assets of the Bureau of Reclamation was $94,500,000,000; (3) the majority of the water resources infrastructure facilities of the Bureau of Reclamation are at least 60 years old; (4) the Bureau of Reclamation has previously undertaken efforts to better manage the assets of the Bureau of Reclamation, including an annual review of asset maintenance activities of the Bureau of Reclamation known as the ``Asset Management Plan''; and (5) actionable information on infrastructure conditions at the asset level, including information on maintenance needs at individual assets due to aging infrastructure, is needed for Congress to conduct oversight of Reclamation facilities and meet the needs of the public. SEC. 3. DEFINITIONS. In this Act: (1) Asset.-- (A) In general.--The term ``asset'' means any of the following assets that are used to achieve the mission of the Bureau of Reclamation to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the people of the United States: (i) Capitalized facilities, buildings, structures, project features, power production equipment, recreation facilities, or quarters. (ii) Capitalized and noncapitalized heavy equipment and other installed equipment. (B) Inclusions.--The term ``asset'' includes assets described in subparagraph (A) that are considered to be mission critical. (2) Asset management report.--The term ``Asset Management Report'' means-- (A) the annual plan prepared by the Bureau of Reclamation known as the ``Asset Management Plan''; and (B) any publicly available information relating to the plan described in subparagraph (A) that summarizes the efforts of the Bureau of Reclamation to evaluate and manage infrastructure assets of the Bureau of Reclamation. (3) Major repair and rehabilitation need.--The term ``major repair and rehabilitation need'' means major nonrecurring maintenance at a Reclamation facility, including maintenance related to the safety of dams, extraordinary maintenance of dams, deferred major maintenance activities, and all other significant repairs and extraordinary maintenance. (4) Reclamation facility.--The term ``Reclamation facility'' means each of the infrastructure assets that are owned by the Bureau of Reclamation at a Reclamation project. (5) Reclamation project.--The term ``Reclamation project'' means a project that is owned by the Bureau of Reclamation, including all reserved works and transferred works owned by the Bureau of Reclamation. (6) Reserved works.--The term ``reserved works'' means buildings, structures, facilities, or equipment that are owned by the Bureau of Reclamation for which operations and maintenance are performed by employees of the Bureau of Reclamation or through a contract entered into by the Bureau of Reclamation, regardless of the source of funding for the operations and maintenance. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (8) Transferred works.--The term ``transferred works'' means a Reclamation facility at which operations and maintenance of the facility is carried out by a non-Federal entity under the provisions of a formal operations and maintenance transfer contract or other legal agreement with the Bureau of Reclamation. SEC. 4. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR RESERVED WORKS. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress an Asset Management Report that-- (1) describes the efforts of the Bureau of Reclamation-- (A) to maintain in a reliable manner all reserved works at Reclamation facilities; and (B) to standardize and streamline data reporting and processes across regions and areas for the purpose of maintaining reserved works at Reclamation facilities; and (2) expands on the information otherwise provided in an Asset Management Report, in accordance with subsection (b). (b) Infrastructure Maintenance Needs Assessment.-- (1) In general.--The Asset Management Report submitted under subsection (a) shall include-- (A) a detailed assessment of major repair and rehabilitation needs for all reserved works at all Reclamation projects; and (B) to the extent practicable, an itemized list of major repair and rehabilitation needs of individual Reclamation facilities at each Reclamation project. (2) Inclusions.--To the extent practicable, the itemized list of major repair and rehabilitation needs under paragraph (1)(B) shall include-- (A) a budget level cost estimate of the appropriations needed to complete each item; and (B) an assignment of a categorical rating for each item, consistent with paragraph (3). (3) Rating requirements.-- (A) In general.--The system for assigning ratings under paragraph (2)(B) shall be-- (i) consistent with existing uniform categorization systems to inform the annual budget process and agency requirements; and (ii) subject to the guidance and instructions issued under subparagraph (B). (B) Guidance.--As soon as practicable after the date of enactment of this Act, the Secretary shall issue guidance that describes the applicability of the rating system applicable under paragraph (2)(B) to Reclamation facilities. (4) Public availability.--Except as provided in paragraph (5), the Secretary shall make publically available, including on the Internet, the Asset Management Report required under subsection (a). (5) Confidentiality.--Subject to the discretion of the Secretary, the Secretary may exclude from the public version of the Asset Management Report made available under paragraph (4) any information that the Secretary identifies as sensitive or classified, but shall make available to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a version of the report containing the sensitive or classified information. (c) Updates.--Not later than 2 years after the date on which the Asset Management Report is submitted under subsection (a) and biennially thereafter, the Secretary shall update the Asset Management Report, subject to the requirements of section 5(b)(2). (d) Consultation.--The Secretary shall consult with the Secretary of the Army (acting through the Chief of Engineers) to the extent that the consultation would assist the Secretary in preparing the Asset Management Report under subsection (a) and updates to the Asset Management Report under subsection (c). SEC. 5. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR TRANSFERRED WORKS. (a) In General.--The Secretary shall coordinate with the non-Federal entities responsible for the operation and maintenance of transferred works in developing reporting requirements for Asset Management Reports with respect to the condition of, and planned maintenance for, transferred works that are similar to the reporting requirements described in section 4(b). (b) Guidance.-- (1) In general.--After considering input from water and power contractors of the Bureau of Reclamation, the Secretary shall develop and implement a rating system for transferred works that incorporates, to the maximum extent practicable, the rating system for reserved works developed under section 4(b)(3). (2) Updates.--The ratings system developed under paragraph (1) shall be included in the updated Asset Management Reports under section 4(c). SEC. 6. OFFSET. Notwithstanding any other provision of law, in the case of the project authorized by [[Page S6929]] section 1617 of the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 390h-12c), the maximum amount of the Federal share of the cost of the project under section 1631(d)(1) of that Act (43 U.S.C. 390h-13(d)(1)) otherwise available as of the date of enactment of this Act shall be reduced by $2,000,000. ____________________ |