[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2291 Introduced in Senate (IS)]







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.

    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 shall be known as the ``Missouri River Restoration 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 development 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 Missouri River in South Dakota under 
        the Pick-Sloan program;
            (7) the dams referred to in paragraph (6)--
                    (A) generate low-cost electricity for millions of 
                people in the United States;
                    (B) provide revenue to the Treasury; and
                    (C) provide flood control that has prevented 
                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, resulting in the accumulation of sediment 
        in the reservoirs 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 Congress for the 
        Pick-Sloan program, it is necessary to establish a Missouri 
        River Restoration Trust Fund to finance efforts--
                    (A) to improve conservation;
                    (B) to reduce the deposition of sediment; and
                    (C) to take other steps necessary for proper 
                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;
            (2) to meet the objectives of the Pick-Sloan program by 
        developing and implementing a long-term strategy--
                    (A) to improve conservation in the Missouri River 
                watershed;
                    (B) to improve recreation on the Missouri River;
                    (C) to improve water quality in the Missouri River;
                    (D) to improve erosion control along the Missouri 
                River;
                    (E) to protect Indian and non-Indian historical and 
                cultural sites along the Missouri River; and
                    (F) to protect and restore fish and wildlife 
                habitat in and along the Missouri River; and
            (3) to meet the objectives described in paragraphs (1) and 
        (2) by--
                    (A) developing and financing new programs in 
                accordance with the plan; and
                    (B) providing a source of funds for the State, 
                Indian tribes, local governments, and private entities 
                to use as the non-Federal share required under Federal 
                programs.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Committee.--The term ``Committee'' means the Executive 
        Committee appointed under section 4(d).
            (2) Fund.--The term ``Fund'' means the Missouri 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).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army.
            (6) State.--The term ``State'' means the State of South 
        Dakota.
            (7) Trust.--The term ``Trust'' means the Missouri River 
        Trust established by section 4(a).

SEC. 4. MISSOURI RIVER TRUST.

    (a) Establishment.--There is established a committee to be known as 
the Missouri River Trust.
    (b) Membership.--The Trust shall be composed of--
            (1) 15 members appointed by the Governor of South Dakota 
        that--
                    (A) represent equally the various interests of the 
                public; and
                    (B) include representatives of--
                            (i) the South Dakota Department of 
                        Environment and Natural Resources;
                            (ii) the South Dakota Department of Game, 
                        Fish, and Parks;
                            (iii) environmental groups;
                            (iv) the hydroelectric power industry;
                            (v) local governments;
                            (vi) recreation user groups;
                            (vii) agricultural groups; and
                            (viii) other appropriate interests;
            (2) 9 members representing each of the 9 Indian tribes in 
        the State of South Dakota, appointed by each Indian tribe, 
        respectively; and
            (3) 1 member representing the organization known as the 
        ``Three Affiliated Tribes of North Dakota'' (composed of the 
        Mandan, Hidatsa, and Arikara tribes).
    (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 reviewed, 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 Chairperson of the 
                Committee.
            (2) Representation.--The Committee shall include 1 member 
        that represents each of the following interests:
                    (A) Indian tribes.
                    (B) The environment.
                    (C) The hydroelectric power industry.
                    (D) Agriculture.
            (3) Duties.--The Committee shall--
                    (A) administer the use of the fund in accordance 
                with the plan; and
                    (B) award funding for projects recommended by the 
                Trust under subsection (c)(5) that, in the judgment of 
                a majority of the Committee, 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 $200,000,000 in the Fund from the general fund 
of the Treasury.
    (c) Investment of Fund.--
            (1) In general.--The Secretary of the Treasury 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 principal and 
                interest by the United States.
            (2) Acquisition of obligations.--For the purpose of 
        investments under paragraph (1), obligations 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 acquired 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 obligations 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 preceding fiscal year as available to 
                the Trust in accordance with paragraph (2).
                    (B) Availability.--Each amount designated under 
                subparagraph (A) shall be available for use without 
                fiscal year limitation.
            (2) Payments.--
                    (A) In general.--Subject to subparagraph (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 subparagraph (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 subparagraph (A) to carry out 
                projects and programs under the plan.
                    (D) Indian projects.--Not less than 30 percent of 
                the payments made under subparagraph (A) shall be used 
                exclusively for projects that are--
                            (i) within the boundary of an Indian 
                        reservation; or
                            (ii) administered by an Indian tribe.
    (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 provide for the 
        manner in which the Trust shall expend payments under 
        subsection (d) to promote--
                    (A) conservation practices in the Missouri River 
                watershed;
                    (B) the control and removal of sediment from the 
                Missouri River;
                    (C) recreation on the Missouri River;
                    (D) the protection of Indian and non-Indian 
                historical and cultural sites along the Missouri River;
                    (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 described 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 accordance 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 provide 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 
                                Interior; and
                                    (IV) the Secretary of Agriculture.
            (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 period 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 publications of 
                proceedings of trust.--A copy of the written findings 
                of the audit described in subparagraph (A) shall be 
                inserted in the published 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 provide services in 
        accordance with the plan.

SEC. 6. REPORT BY SECRETARY OF THE ARMY.

    (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 economies;
                    (B) recreation;
                    (C) hydropower generation;
                    (D) fish and wildlife; and
                    (E) flood control;
            (2) the status of Indian and non-Indian historical 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 reservation 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 Secretary of the 
        Interior, or the head of any other Federal agency under a law 
        in effect on the date of enactment of this Act, including--
                    (A) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.);
                    (B) the Archaeological Resources Protection 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 protection 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 Protection 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 authority 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 authorized 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. AUTHORIZATION OF APPROPRIATIONS.

    (a) Initial Funding.--There is authorized to be appropriated 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 existence 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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