II

106TH CONGRESS

2D SESSION S. 2291

To provide assistance for efforts to improve conservation of, recreation in,

erosion control of, and maintenance of fish and wildlife habitat of the

Missouri River in the State of South Dakota, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 23, 2000

Mr. DASCHLE introduced the following bill; which was read twice and referred

to the Committee on Environment and Public Works

A BILL

To provide assistance for efforts to improve conservation

of, recreation in, erosion control of, and maintenance

of fish and wildlife habitat of the Missouri River in

the State of South Dakota, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act shall be known as the ‘‘Missouri River Res5 toration Act of 2000’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—

8 (1) the Missouri River is—
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1 (A) an invaluable economic, environmental,

2 recreational, and cultural resource to the people

3 of the United States; and

4 (B) a critical source of water for drinking

5 and irrigation;

6 (2) millions of people fish, hunt, and camp

7 along the Missouri River each year;

8 (3) thousands of sites of spiritual importance to

9 Native Americans line the shores of the Missouri

10 River;

11 (4) the Missouri River provides critical wildlife

12 habitat for threatened and endangered species;

13 (5) in 1944, Congress approved the Pick-Sloan

14 program—

15 (A) to promote the general economic devel16 opment of the United States;

17 (B) to provide for irrigation above Sioux

18 City, Iowa;

19 (C) to protect urban and rural areas from

20 devastating floods of the Missouri River; and

21 (D) for other purposes;

22 (6) the Oahe, Big Bend, Fort Randall, and

23 Gavins Point Dams were constructed on the Mis24 souri River in South Dakota under the Pick-Sloan

25 program;
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1 (7) the dams referred to in paragraph (6)—

2 (A) generate low-cost electricity for mil3 lions of people in the United States;

4 (B) provide revenue to the Treasury; and

5 (C) provide flood control that has pre6 vented billions of dollars of damage;

7 (8) the Oahe, Big Bend, Fort Randall, and

8 Gavins Point Dams have reduced the ability of the

9 Missouri River to carry sediment downstream, re10 sulting in the accumulation of sediment in the res11 ervoirs known as Lake Oahe, Lake Sharpe, Lake

12 Francis Case, and Lewis and Clark Lake;

13 (9) the sediment depositions—

14 (A) cause shoreline flooding;

15 (B) destroy wildlife habitat;

16 (C) limit recreational opportunities;

17 (D) threaten the long-term ability of dams

18 to provide hydropower and flood control under

19 the Pick-Sloan program;

20 (E) reduce water quality; and

21 (F) threaten intakes for drinking water

22 and irrigation; and

23 (10) to meet the objectives established by Con24 gress for the Pick-Sloan program, it is necessary to
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1 establish a Missouri River Restoration Trust Fund

2 to finance efforts—

3 (A) to improve conservation;

4 (B) to reduce the deposition of sediment;

5 and

6 (C) to take other steps necessary for prop7 er management of the Missouri River.

8 (b) PURPOSES.—The purposes of this Act are—

9 (1) to reduce the siltation of the Missouri River

10 in the State of South Dakota;

11 (2) to meet the objectives of the Pick-Sloan pro12 gram by developing and implementing a long-term

13 strategy—

14 (A) to improve conservation in the Mis15 souri River watershed;

16 (B) to improve recreation on the Missouri

17 River;

18 (C) to improve water quality in the Mis19 souri River;

20 (D) to improve erosion control along the

21 Missouri River;

22 (E) to protect Indian and non-Indian his23 torical and cultural sites along the Missouri

24 River; and
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1 (F) to protect and restore fish and wildlife

2 habitat in and along the Missouri River; and

3 (3) to meet the objectives described in para4 graphs (1) and (2) by—

5 (A) developing and financing new pro6 grams in accordance with the plan; and

7 (B) providing a source of funds for the

8 State, Indian tribes, local governments, and pri9 vate entities to use as the non-Federal share re10 quired under Federal programs.

11 SEC. 3. DEFINITIONS.

12 In this Act:

13 (1) COMMITTEE.—The term ‘‘Committee’’

14 means the Executive Committee appointed under

15 section 4(d).

16 (2) FUND.—The term ‘‘Fund’’ means the Mis17 souri River Restoration Trust Fund established by

18 section 5(a).

19 (3) PICK-SLOAN PROGRAM.—The term ‘‘Pick20 Sloan program’’ means the Pick-Sloan Missouri

21 River Basin Program authorized by section 9 of the

22 Act of December 22, 1944 (58 Stat. 891, chapter

23 665).
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1 (4) PLAN.—The term ‘‘plan’’ means the plan

2 for the use of the payments to the Trust required

3 to be prepared under section 5(e).

4 (5) SECRETARY.—The term ‘‘Secretary’’ means

5 the Secretary of the Army.

6 (6) STATE.—The term ‘‘State’’ means the State

7 of South Dakota.

8 (7) TRUST.—The term ‘‘Trust’’ means the Mis9 souri River Trust established by section 4(a).

10 SEC. 4. MISSOURI RIVER TRUST.

11 (a) ESTABLISHMENT.—There is established a com12 mittee to be known as the Missouri River Trust.

13 (b) MEMBERSHIP.—The Trust shall be composed

14 of—

15 (1) 15 members appointed by the Governor of

16 South Dakota that—

17 (A) represent equally the various interests

18 of the public; and

19 (B) include representatives of—

20 (i) the South Dakota Department of

21 Environment and Natural Resources;

22 (ii) the South Dakota Department of

23 Game, Fish, and Parks;

24 (iii) environmental groups;

25 (iv) the hydroelectric power industry;
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1 (v) local governments;

2 (vi) recreation user groups;

3 (vii) agricultural groups; and

4 (viii) other appropriate interests;

5 (2) 9 members representing each of the 9 In6 dian tribes in the State of South Dakota, appointed

7 by each Indian tribe, respectively; and

8 (3) 1 member representing the organization

9 known as the ‘‘Three Affiliated Tribes of North Da10 kota’’ (composed of the Mandan, Hidatsa, and

11 Arikara tribes).

12 (c) DUTIES.—The Trust shall—

13 (1) meet at least twice each year;

14 (2) appoint, from among the members of the

15 Trust, the Committee;

16 (3) vote on approval of the plan, with approval

requiring votes in favor of the plan from at least 1 17 ⁄2

18 of the members;

19 (4) review proposals to meet the goals of the

20 plan;

21 (5) recommend, from among proposals re22 viewed, which proposals should be funded by the

23 Committee; and

24 (6) consult, when appropriate, with—

25 (A) the Secretary of the Army;
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1 (B) the Secretary of Agriculture;

2 (C) the Secretary of Energy; and

3 (D) the Secretary of the Interior.

4 (d) EXECUTIVE COMMITTEE.—

5 (1) IN GENERAL.—The Trust shall appoint an

6 Executive Committee, to be composed of—

7 (A) 4 members of the Trust elected by the

8 Trust in accordance with paragraph (2); and

9 (B) 1 member appointed by the Governor

10 of South Dakota, who shall serve as the Chair11 person of the Committee.

12 (2) REPRESENTATION.—The Committee shall

13 include 1 member that represents each of the fol14 lowing interests:

15 (A) Indian tribes.

16 (B) The environment.

17 (C) The hydroelectric power industry.

18 (D) Agriculture.

19 (3) DUTIES.—The Committee shall—

20 (A) administer the use of the fund in ac21 cordance with the plan; and

22 (B) award funding for projects rec23 ommended by the Trust under subsection (c)(5)

24 that, in the judgment of a majority of the Com25 mittee, will best carry out the plan.
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1 SEC. 5. MISSOURI RIVER RESTORATION TRUST FUND.

2 (a) ESTABLISHMENT.—

3 (1) IN GENERAL.—There is established in the

4 Treasury of the United States a fund to be known

5 as the ‘‘Missouri River Restoration Trust Fund’’.

6 (2) DEPOSITS.—The Fund shall consist of any

7 amounts deposited in the Fund under this Act.

8 (b) FUNDING.—On the first day of the eleventh fiscal

9 year that begins after the date of enactment of this Act,

10 the Secretary of the Treasury shall deposit $200,000,000

11 in the Fund from the general fund of the Treasury.

12 (c) INVESTMENT OF FUND.—

13 (1) IN GENERAL.—The Secretary of the Treas14 ury shall invest such portion of the Fund as is not,

15 in the judgment of the Secretary of the Treasury re16 quired to meet current withdrawals. Investments

17 may be only in—

18 (A) interest-bearing obligations of the

19 United States; or

20 (B) obligations guaranteed as to both prin21 cipal and interest by the United States.

22 (2) ACQUISITION OF OBLIGATIONS.—For the

23 purpose of investments under paragraph (1), obliga24 tions may be acquired—

25 (A) on original issue at the issue price; or
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1 (B) by purchase of outstanding obligations

2 at the market price.

3 (3) SALE OF OBLIGATIONS.—Any obligation ac4 quired by the Fund may be sold by the Secretary of

5 the Treasury at the market price.

6 (4) CREDITS TO FUND.—The interest on, and

7 the proceeds from the sale or redemption of, any ob8 ligations held in the Fund shall be credited to and

9 form a part of the Fund.

10 (d) PAYMENT OF INTEREST TO MISSOURI RIVER

11 TRUST.—

12 (1) DESIGNATION OF INTEREST.—

13 (A) IN GENERAL.—On the first day of the

14 eleventh fiscal year that begins after the date of

15 enactment of this Act, and on the first day of

16 each fiscal year thereafter, the Secretary of the

17 Treasury shall designate the aggregate amount

18 of interest deposited in the Fund for the pre19 ceding fiscal year as available to the Trust in

20 accordance with paragraph (2).

21 (B) AVAILABILITY.—Each amount des22 ignated under subparagraph (A) shall be avail23 able for use without fiscal year limitation.

24 (2) PAYMENTS.—
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1 (A) IN GENERAL.—Subject to subpara2 graph (B), the Secretary of the Treasury shall

3 use the amounts designated under paragraph

4 (1) only for the purpose of making payments as

5 requested by the Trust.

6 (B) LIMITATION.—Payments under sub7 paragraph (A) may be made by the Secretary of

8 the Treasury only after the Trust has adopted

9 a plan under subsection (e).

10 (C) USE OF PAYMENTS BY TRUST.—The

11 Trust shall use the payments made under sub12 paragraph (A) to carry out projects and pro13 grams under the plan.

14 (D) INDIAN PROJECTS.—Not less than 30

15 percent of the payments made under subpara16 graph (A) shall be used exclusively for projects

17 that are—

18 (i) within the boundary of an Indian

19 reservation; or

20 (ii) administered by an Indian tribe.

21 (e) PLAN FOR USE OF PAYMENTS.—

22 (1) IN GENERAL.—Not later than 18 months

23 after the date of enactment of this Act, the Trust

24 shall prepare a plan for the use of the payments to
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1 the Trust under subsection (d) in consultation

2 with—

3 (A) the Secretary of the Army;

4 (B) the Secretary of Energy;

5 (C) the Secretary of the Interior; and

6 (D) the Secretary of Agriculture.

7 (2) CONTENTS OF PLAN.—The plan shall pro8 vide for the manner in which the Trust shall expend

9 payments under subsection (d) to promote—

10 (A) conservation practices in the Missouri

11 River watershed;

12 (B) the control and removal of sediment

13 from the Missouri River;

14 (C) recreation on the Missouri River;

15 (D) the protection of Indian and non-In16 dian historical and cultural sites along the Mis17 souri River;

18 (E) the conservation of fish and wildlife

19 along the Missouri River;

20 (F) erosion control along the Missouri

21 River; or

22 (G) any combination of the activities de23 scribed in subparagraphs (A) through (F).

24 (3) PLAN REVIEW AND REVISION.—
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1 (A) IN GENERAL.—The Trust shall make a

2 copy of the plan available for public review and

3 comment before the plan becomes final, in ac4 cordance with procedures established by the

5 Trust.

6 (B) REVISION OF PLAN.—

7 (i) IN GENERAL.—The Trust may, on

8 an annual basis, revise the plan.

9 (ii) PUBLIC REVIEW AND COMMENT.—

10 In revising the plan, the Trust shall pro11 vide the public the opportunity to review

12 and comment on any proposed revision to

13 the plan.

14 (iii) CONSULTATION.—In preparing

15 any revision to the plan, the Trust shall

16 consult with—

17 (I) the Secretary of the Army;

18 (II) the Secretary of Energy;

19 (III) the Secretary of the Inte20 rior; and

21 (IV) the Secretary of Agriculture.

22 (4) AUDIT.—

23 (A) IN GENERAL.—The activities of the

24 Trust in carrying out the plan shall be audited
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1 under the Office of Management and Budget

2 circular number A–133.

3 (B) DETERMINATION BY AUDITORS.—The

4 auditors that conduct the audit described in

5 subparagraph (A) shall—

6 (i) determine whether funds received

7 by the Trust under this section for the pe8 riod covered by the audit were expended to

9 carry out the plan in a manner consistent

10 with this section; and

11 (ii) include in the written findings of

12 the audit the determination made under

13 clause (i).

14 (C) INCLUSION OF FINDINGS WITH PUBLI15 CATIONS OF PROCEEDINGS OF TRUST.—A copy

16 of the written findings of the audit described in

17 subparagraph (A) shall be inserted in the pub18 lished minutes of the Trust proceedings for the

19 session at which the audit is presented to the

20 Trust.

21 (5) CONTRACTING.—The Trust may contract

22 with Federal, State, tribal, or local agencies to pro23 vide services in accordance with the plan.
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1 SEC. 6. REPORT BY SECRETARY OF THE ARMY.

2 (a) IN GENERAL.—Not later than 1 year after the

3 date on which funding authorized under this Act initially

4 becomes available, the Secretary shall submit to the Trust

5 a report on—

6 (1) the impact of the siltation of the Missouri

7 River in the State, including the impact on—

8 (A) the Federal, State, and regional econo9 mies;

10 (B) recreation;

11 (C) hydropower generation;

12 (D) fish and wildlife; and

13 (E) flood control;

14 (2) the status of Indian and non-Indian histor15 ical and cultural sites along the Missouri River;

16 (3) the extent of erosion along the Missouri

17 River (including tributaries of the Missouri River) in

18 the State; and

19 (4) other issues, as requested by the Trust.

20 (b) CONSULTATION.—In preparing the report under

21 subsection (a), the Secretary shall consult with—

22 (1) the Secretary of Energy;

23 (2) the Secretary of the Interior;

24 (3) the Secretary of Agriculture;

25 (4) the State; and

26 (5) Indian tribes in the State.
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1 SEC. 7. ADMINISTRATION.

2 (a) IN GENERAL.—Nothing in this Act diminishes or

3 affects—

4 (1) any water right of an Indian tribe;

5 (2) any other right of an Indian tribe, except as

6 specifically provided in another provision of this Act;

7 (3) any treaty right that is in effect on the date

8 of enactment of this Act;

9 (4) any external boundary of an Indian reserva10 tion of an Indian tribe;

11 (5) any authority of the State that relates to

12 the protection, regulation, or management of fish,

13 terrestrial wildlife, and cultural and archaeological

14 resources, except as specifically provided in this title;

15 or

16 (6) any authority of the Secretary, the Sec17 retary of the Interior, or the head of any other Fed18 eral agency under a law in effect on the date of en19 actment of this Act, including—

20 (A) the National Historic Preservation Act

21 (16 U.S.C. 470 et seq.);

22 (B) the Archaeological Resources Protec23 tion Act of 1979 (16 U.S.C. 470aa et seq.);

24 (C) the Fish and Wildlife Coordination Act

25 (16 U.S.C. 661 et seq.);
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1 (D) the Act entitled ‘‘An Act for the pro2 tection of the bald eagle’’, approved June 8,

3 1940 (16 U.S.C. 668 et seq.);

4 (E) the Migratory Bird Treaty Act (16

5 U.S.C. 703 et seq.);

6 (F) the Endangered Species Act of 1973

7 (16 U.S.C. 1531 et seq.);

8 (G) the Native American Graves Protec9 tion and Repatriation Act (25 U.S.C. 3001 et

10 seq.);

11 (H) the Federal Water Pollution Control

12 Act (33 U.S.C. 1251 et seq.);

13 (I) the Safe Drinking Water Act (42

14 U.S.C. 300f et seq.); and

15 (J) the National Environmental Policy Act

16 of 1969 (42 U.S.C. 4321 et seq.).

17 (b) FEDERAL LIABILITY FOR DAMAGE.—Nothing in

18 this Act relieves the Federal Government of liability for

19 damage to private property caused by the operation of the

20 Pick-Sloan program.

21 (c) FLOOD CONTROL.—Notwithstanding any other

22 provision of this Act, the Secretary shall retain the author23 ity to operate the Pick-Sloan program for the purposes

24 of meeting the requirements of the Act of December 22,
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1 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701–1 et

2 seq.).

3 (d) USE OF FUNDS.—

4 (1) IN GENERAL.—The Secretary shall enter

5 into a contract with the Trust to use funds author6 ized under section 8(a) to carry out the plan.

7 (2) NON-FEDERAL SHARE.—Funds transferred

8 to the Trust or authorized under this Act may be

9 used to pay the non-Federal share required under

10 Federal programs.

11 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

12 (a) INITIAL FUNDING.—There is authorized to be ap13 propriated to the Secretary to carry out this Act

14 $10,000,000 for each of fiscal years 2001 through 2010,

15 to remain available until expended.

16 (b) SUBSEQUENT FUNDING.—Funding to carry out

17 this Act for fiscal years after fiscal year 2010 shall be

18 provided from deposits to the Fund under section 5(b).

19 (c) EXISTING PROGRAMS.—The Secretary shall fund

20 programs authorized under the Pick-Sloan program in ex21 istence on the date of enactment of this Act at levels that

22 are not less than funding levels for those programs as of

23 that date.

Æ