Page:United States Statutes at Large Volume 102 Part 3.djvu/616

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 2568

PUBLIC LAW 100-516—OCT. 24, 1988

systems owned by individual tribal members and other residents located on the Pine Ridge Indian Reservation. (4) The Secretary may unilaterally terminate any cooperative agreement entered into pursuant to this section if the Secretary determines that the quality of construction does not meet all standards established for similar facilities constructed by the Secretary or that the operation and maintenance of the system does not meet conditions acceptable to the Secretary for fulfilling the obligations of the United States to the Oglala Sioux Tribe. (5) Upon execution of any cooperative agreement authorized under this section, the Secretary is authorized to transfer to the appropriate non-Federal entity, on a nonreimbursable basis, the funds authorized to be appropriated by section 10 for the Oglala Sioux Rural Water Supply System. (c) SERVICE AREA.—The service area of the Oglala Sioux Rural Water Supply System shall be the boundaries of the Pine Ridge Indian Reservation. (d) CONSTRUCTION REQUIREMENTS.—The pumping plants, pipelines, treatment facilities, and other appurtenant facilities for the Oglala Sioux Rural Water Supply System shall be planned and constructed to a size sufficient to meet the municipal, rural, and industrial water supply requirements of the Pine Ridge Indian Reservation, the West River Rural Water System, and the LymanJones Rural Water System, taking into account the effects of the conservation plans described in section 5. All three systems may be interconnected and provided with water service from common facilities. Any joint costs associated with common facilities shall be allocated to the Oglala Sioux Rural Water Supply System. (e) TITLE TO SYSTEM.—Title to the Oglala Sioux Rural Water Supply System shall be held in trust for the Oglala Sioux Tribe by the United States and shall not be transferred without a subsequent Act of Congress. (f) LIMITATION ON AVAILABILITY OF CONSTRUCTION FUNDS.—The

Reports.

Secretary shall not obligate funds for the construction of the Oglala Sioux Rural Water Supply System until— (1) the requirements of the National Environmental Policy Act of 1969 have been met; and (2) a final engineering report has been prepared and submitted to the Congress for a period of not less than ninety days. (g) TECHNICAL ASSISTANCE.—The Secretary is authorized and directed to provide such technical assistance as may be necessary to the Oglala Sioux Tribe to plan, develop, construct, operate, maintain, and replace the Oglala Sioux Rural Water Supply System, including (but not limited to) operation and management training. (h) APPLICATION OF INDIAN SELF-DETERMINATION ACT.—Planning,

design, construction and operation of the Oglala Sioux Rural Water Supply System within the Pine Ridge Reservation shall be subject to the provisions of the Indian Self-Determination Act (Public Law 93638; 25 U.S.C. 450). SEC. 4. WEST RIVER RURAL WATER SYSTEM AND LYMAN-JONES RURAL WATER SYSTEM. (a) PLANNING AND CONSTRUCTION.— Contracts.

(1) The Secretary is authorized and directed to enter into cooperative agreements with appropriate non-Federal entities to provide Federal funds for the planning and construction of