I
106TH CONGRESS
2D SESSION
H. R. 5527
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 HOUSE OF REPRESENTATIVES
OCTOBER 24, 2000
Mr. THUNE introduced the following bill; which was referred to the Committee
on Transportation and Infrastructure, and in addition to the Committee
on Resources, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act shall be known as the ‘‘Missouri River Res-
toration Act of 2000’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) the Missouri River is—
(A) an invaluable economic, environmental,
recreational, and cultural resource to the people
of the United States; and
(B) a critical source of water for drinking
and irrigation;
(2) millions of people fish, hunt, and camp
along the Missouri River each year;
(3) thousands of sites of spiritual importance to
Native Americans line the shores of the Missouri
River;
(4) the Missouri River provides critical wildlife
habitat for threatened and endangered species;
(5) in 1944, Congress approved the Pick-Sloan
program—
(A) to promote the general economic devel-
opment of the United States;
(B) to provide for irrigation above Sioux
City, Iowa;
(C) to protect urban and rural areas from
devastating floods of the Missouri River; and
(D) for other purposes;
(6) the Oahe, Big Bend, Fort Randall, and
Gavins Point Dams were constructed on the Mis-
souri River in South Dakota under the Pick-Sloan
program;
(7) the dams referred to in paragraph (6)—
(A) generate low-cost electricity for mil-
lions of people in the United States;
(B) provide revenue to the Treasury; and
(C) provide flood control that has pre-
vented billions of dollars of damage;
(8) the Oahe, Big Bend, Fort Randall, and
Gavins Point Dams have reduced the ability of the
Missouri River to carry sediment downstream, re-
sulting in the accumulation of sediment in the res-
ervoirs known as Lake Oahe, Lake Sharpe, Lake
Francis Case, and Lewis and Clark Lake;
(9) the sediment depositions—
(A) cause shoreline flooding;
(B) destroy wildlife habitat;
(C) limit recreational opportunities;
(D) threaten the long-term ability of dams
to provide hydropower and flood control under
the Pick-Sloan program;
(E) reduce water quality; and
(F) threaten intakes for drinking water
and irrigation; and
(10) to meet the objectives established by Con-
gress for the Pick-Sloan program, it is necessary to
establish a Missouri River Restoration Trust Fund
to finance efforts—
(A) to reduce the deposition of sediment;
(B) to improve conservation; and
(C) to take other steps necessary for prop-
er management of the Missouri River.
(b) PURPOSES.—The purposes of this Act are—
(1) to reduce the siltation of the Missouri River
in the State of South Dakota in order to meet the
objectives of the Pick-Sloan program by developing
and implementing a long-term strategy—
(A) to improve conservation in the Mis-
souri River watershed;
(B) to protect recreation on the Missouri
River from sedimentation;
(C) to protect water quality in the Mis-
souri River from sedimentation;
(D) to improve erosion control along the
Missouri River; and
(E) to protect Indian and non-Indian his-
torical and cultural sites along the Missouri
River from sedimentation; and
(2) to meet the objectives described in para-
graph (1) by—
(A) developing and financing new pro-
grams in accordance with the plan; and
(B) providing a source of funds for the
State, Indian tribes, local governments, and pri-
vate entities to use as the non-Federal share re-
quired under Federal programs.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) 
COMMITTEE.—The 
term 
‘‘Committee’’
means the Executive Committee appointed under
section 4(d).
(2) FUND.—The term ‘‘Fund’’ means the Mis-
souri River Restoration Trust Fund established by
section 5(a).
(3) PICK-SLOAN PROGRAM.—The term ‘‘Pick-
Sloan program’’ means the Pick-Sloan Missouri
River Basin Program authorized by section 9 of the
Act of December 22, 1944 (58 Stat. 891, chapter
665).
(4) PLAN.—The term ‘‘plan’’ means the plan
for the use of the payments to the Trust required
to be prepared under section 5(e).
(viii) other appropriate interests; and
(2) 9 members representing each of the 9 In-
dian tribes in the State of South Dakota, appointed
by each Indian tribe, respectively.
(c) DUTIES.—The Trust shall—
(1) meet at least twice each year;
(2) appoint, from among the members of the
Trust, the Committee;
(3) vote on approval of the plan, with approval
requiring votes in favor of the plan from at least 1⁄2
of the members;
(4) review proposals to meet the goals of the
plan;
(5) recommend, from among proposals re-
viewed, which proposals should be funded by the
Committee; and
(6) consult, when appropriate, with—
(A) the Secretary of the Army;
(B) the Secretary of Agriculture;
(C) the Secretary of Energy; and
(D) the Secretary of the Interior.
(d) EXECUTIVE COMMITTEE.—
(1) IN GENERAL.—The Trust shall appoint an
Executive Committee, to be composed of—
(A) 4 members of the Trust elected by the
Trust in accordance with paragraph (2); and
(B) 1 member appointed by the Governor
of South Dakota, who shall serve as the Chair-
person of the Committee.
(2) DUTIES.—The Committee shall—
(A) administer the use of the fund in ac-
cordance with the plan; and
(B) award funding for projects rec-
ommended by the Trust under subsection (c)(5)
that, in the judgment of a majority of the Com-
mittee, will best carry out the plan.
SEC. 5. MISSOURI RIVER RESTORATION TRUST FUND.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is established in the
Treasury of the United States a fund to be known
as the ‘‘Missouri River Restoration Trust Fund’’.
(2) DEPOSITS.—The Fund shall consist of any
amounts deposited in the Fund under this Act.
(b) FUNDING.—On the first day of the eleventh fiscal
year that begins after the date of enactment of this Act,
the Secretary of the Treasury shall deposit $300,000,000
in the Fund from the general fund of the Treasury.
(c) INVESTMENT OF FUND.—
(1) IN GENERAL.—The Secretary of the Treas-
ury shall invest such portion of the Fund as is not,
in the judgment of the Secretary of the Treasury,
required to meet current withdrawals. Investments
may be only in—
(A) interest-bearing obligations of the
United States; or
(B) obligations guaranteed as to both prin-
cipal and interest by the United States.
(2) ACQUISITION
OF
OBLIGATIONS.—For the
purpose of investments under paragraph (1), obliga-
tions may be acquired—
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations
at the market price.
(3) SALE OF OBLIGATIONS.—Any obligation ac-
quired by the Fund may be sold by the Secretary of
the Treasury at the market price.
(4) CREDITS TO FUND.—The interest on, and
the proceeds from the sale or redemption of, any ob-
ligations held in the Fund shall be credited to and
form a part of the Fund.
(d) PAYMENT OF INTEREST TO MISSOURI RIVER
TRUST.—
(1) DESIGNATION OF INTEREST.—
(A) IN GENERAL.—On the first day of the
eleventh fiscal year that begins after the date of
enactment of this Act, and on the first day of
each fiscal year thereafter, the Secretary of the
Treasury shall designate the aggregate amount
of interest deposited in the Fund for the pre-
ceding fiscal year as available to the Trust in
accordance with paragraph (2).
(B) AVAILABILITY.—Each amount des-
ignated under subparagraph (A) shall be avail-
able for use without fiscal year limitation.
(2) PAYMENTS.—
(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary of the Treasury shall
use the amounts designated under paragraph
(1) only for the purpose of making payments as
requested by the Trust.
(B) LIMITATION.—Payments under sub-
paragraph (A) may be made by the Secretary of
the Treasury only after the Trust has adopted
a plan under subsection (e).
(C) USE OF PAYMENTS BY TRUST.—The
Trust shall use the payments made under sub-
paragraph (A) to carry out projects and pro-
grams under the plan.
(D) FEDERAL SHARE.—The Federal share
of the cost of any project carried out with a
payment under this paragraph shall be 80 per-
cent of the total cost of the project.
(e) PLAN FOR USE OF PAYMENTS.—
(1) IN GENERAL.—Not later than 18 months
after the date of enactment of this Act, the Trust
shall prepare a plan for the use of the payments to
the Trust under subsection (d) in consultation
with—
(A) the Secretary of the Army;
(B) the Secretary of Energy;
(C) the Secretary of the Interior; and
(D) the Secretary of Agriculture.
(2) CONTENTS OF PLAN.—The plan shall pro-
vide for the manner in which the Trust shall expend
payments under subsection (d) to promote—
(A) the general control and removal of
sediment from the Missouri River;
(B) conservation practices in the Missouri
River watershed;
(C) the protection of recreation on the
Missouri River from sedimentation;
(D) the protection of Indian and non-In-
dian historical and cultural sites along the Mis-
souri River from sedimentation;
(E) the conservation of fish and wildlife
along the Missouri River;
(F) erosion control along the Missouri
River; or
(G) any combination of the activities de-
scribed in subparagraphs (A) through (F).
(3) PLAN REVIEW AND REVISION.—
(A) IN GENERAL.—The Trust shall make a
copy of the plan available for public review and
comment before the plan becomes final, in ac-
cordance with procedures established by the
Trust.
(B) REVISION OF PLAN.—
(i) IN GENERAL.—The Trust may, on
an annual basis, revise the plan.
(ii) PUBLIC REVIEW AND COMMENT.—
In revising the plan, the Trust shall pro-
vide the public the opportunity to review
and comment on any proposed revision to
the plan.
(iii) CONSULTATION.—In preparing
any revision to the plan, the Trust shall
consult with—
(I) the Secretary of the Army;
(II) the Secretary of Energy;
(III) the Secretary of the Inte-
rior; and
(IV) the Secretary of Agriculture.
(iv) REPORT
TO
CONGRESS.—Upon
completion of the plan, the Trust shall
submit a copy of the report to the Com-
mittee on Transportation and Infrastruc-
ture of the House of Representatives and
the Committee on Environment and Public
Works of the Senate.
(4) AUDIT.—
(A) IN
GENERAL.—The activities of the
Trust in carrying out the plan shall be audited
under the Office of Management and Budget
circular number A–133.
(B) DETERMINATION BY AUDITORS.—The
auditors that conduct the audit described in
subparagraph (A) shall—
(i) determine whether funds received
by the Trust under this section for the pe-
riod covered by the audit were expended to
carry out the plan in a manner consistent
with this section; and
(ii) include in the written findings of
the audit the determination made under
clause (i).
(C) INCLUSION OF FINDINGS WITH PUBLI-
CATIONS OF PROCEEDINGS OF TRUST.—A copy
of the written findings of the audit described in
subparagraph (A) shall be inserted in the pub-
lished minutes of the Trust proceedings for the
session at which the audit is presented to the
Trust.
(5) CONTRACTING.—The Trust may contract
with Federal, State, tribal, or local agencies to pro-
vide services in accordance with the plan.
SEC. 6. ASSESSMENT OF SEDIMENTATION IMPACTS.
(a) IN GENERAL.—Not later than 1 year after the
date on which funding authorized under this Act initially
becomes available, the Secretary shall submit to the Trust
a report on—
(1) the impact of the siltation of the Missouri
River in the State, including the impact on—
(A) the Federal, State, and regional econo-
mies;
(B) recreation;
(C) hydropower generation;
(D) fish and wildlife; and
(E) flood control;
(2) the status of Indian and non-Indian histor-
ical and cultural sites along the Missouri River;
(3) the extent of erosion along the Missouri
River (including tributaries of the Missouri River) in
the State; and
(4) other issues, as requested by the Trust.
(b) CONSULTATION.—In preparing the report under
subsection (a), the Secretary shall consult with—
(1) the Secretary of Energy;
(2) the Secretary of the Interior;
(3) the Secretary of Agriculture;
(4) the State; and
(5) Indian tribes in the State.
SEC. 7. ADMINISTRATION.
(a) IN GENERAL.—Nothing in this Act diminishes or
affects—
(1) any water right of an Indian tribe;
(2) any other right of an Indian tribe, except as
specifically provided in another provision of this Act;
(3) any treaty right that is in effect on the date
of enactment of this Act;
(4) any external boundary of an Indian reserva-
tion of an Indian tribe;
(5) any authority of the State that relates to
the protection, regulation, or management of fish,
terrestrial wildlife, and cultural and archaeological
resources, except as specifically provided in this title;
or
(6) any authority of the Secretary, the Sec-
retary of the Interior, or the head of any other Fed-
eral agency under a law in effect on the date of en-
actment of this Act, including—
(A) the National Historic Preservation Act
(16 U.S.C. 470 et seq.);
(B) the Archaeological Resources Protec-
tion Act of 1979 (16 U.S.C. 470aa et seq.);
(C) the Fish and Wildlife Coordination Act
(16 U.S.C. 661 et seq.);
(D) the Act entitled ‘‘An Act for the pro-
tection of the bald eagle’’, approved June 8,
1940 (16 U.S.C. 668 et seq.);
(E) the Migratory Bird Treaty Act (16
U.S.C. 703 et seq.);
(F) the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
(G) the Native American Graves Protec-
tion and Repatriation Act (25 U.S.C. 3001 et
seq.);
(H) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.);
(I) the Safe Drinking Water Act (42
U.S.C. 300f et seq.); and
(J) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(b) FEDERAL LIABILITY FOR DAMAGE.—Nothing in
this Act relieves the Federal Government of liability for
damage to private property caused by the operation of the
Pick-Sloan program.
(c) FLOOD CONTROL.—Notwithstanding any other
provision of this Act, the Secretary shall retain the author-
ity to operate the Pick-Sloan program for the purposes
of meeting the requirements of the Act of December 22,
1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701–1 et
seq.).
(d) USE OF FUNDS.—
(1) IN
GENERAL.—The Secretary shall enter
into a contract with the Trust to use funds author-
ized under section 8(a) to carry out the plan.
(2) NON-FEDERAL SHARE.—Funds transferred
to the Trust or authorized under this Act may be
used to pay the non-Federal share required under
Federal programs.
SEC. 8. FUNDING FLEXIBILITY.
The Secretary may use funds appropriated after the
date of enactment of this Act to the operations and main-
tenance account of the Corps of Engineers and available
for use with respect to a water resources development
project along the Missouri River for 1 or more of the fol-
lowing purposes with respect to such project:
(1) To reduce the siltation of the Missouri
River in the State of South Dakota.
(2) To protect recreation on the Missouri River
from sedimentation.
(3) To protect water quality in the Missouri
River from sedimentation.
(4) To improve erosion control along the Mis-
souri River.
(5) To protect Indian and non-Indian historical
and cultural sites along the Missouri River from
sedimentation.
SEC. 9. CONDITIONS ON ACQUISITION OF PROPERTY.
No funds appropriated to carry out this Act may be
used to purchase or otherwise acquire property unless the
acquisition is from willing sellers.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) INITIAL FUNDING.—There is authorized to be ap-
propriated to the Secretary to carry out this Act
$10,000,000 for each of fiscal years 2001 through 2010,
to remain available until expended.
(b) SUBSEQUENT FUNDING.—Funding to carry out
this Act for fiscal years after fiscal year 2010 shall be
provided from deposits to the Fund under section 5(b).
(c) EXISTING PROGRAMS.—The Secretary shall fund
programs authorized under the Pick-Sloan program in ex-
istence on the date of enactment of this Act at levels that
are not less than funding levels for those programs as of
that date.
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