[Congressional Record Volume 144, Number 14 (Tuesday, February 24, 1998)]
[Senate]
[Pages S931-S932]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DASCHLE (for himself and Mr. Johnson):
  S. 1672. A bill to expand the authority of the Secretary of the Army 
to improve the control of erosion on the Missouri River; to the 
Committee on Environment and Public Works.


             the missouri river erosion control act of 1998

  Mr. DASCHLE. Mr. President, it is my pleasure today to introduce the 
Missouri River Erosion Control Act of 1998, a bill to provide much-
needed assistance to homeowners who live along the Missouri River. Over 
the past several years, many South Dakotans have seen property values 
drop and homes nearly destroyed by shoreline erosion. This legislation 
will help these families to work with the U.S. Army Corps of Engineers 
to take responsible steps to prevent these problems. My colleague, 
Senator Johnson, is joining me as an original cosponsor of this 
legislation.
  While erosion occurs naturally on any river, shorelines on the 
Missouri are particularly vulnerable to it. Releases from the 
hydroelectric dams that span the river in South Dakota cause its depth 
and speed to fluctuate drastically, sometimes with dangerous 
consequences. Following last year's flooding disaster, the rapid, 
swirling current caused by sustained high releases from the dams swept 
away half an acre of land near Burbank, South Dakota, in just 3 hours. 
A subsequent release destroyed an additional 40 feet of land, bringing 
the river's edge to the foundation of the home of Neil and Eileen 
Helvig. Thanks to last minute work by the Corps of Engineers to 
stabilize the shoreline, the Helvig's home, and several others nearby, 
were saved. However, this is not the only case when bank erosion has 
posed a threat to residential homes and without a comprehensive program 
in place to provide help to others in need, we may not be so lucky in 
the future.
  Over the last several years, Mrs. Lois Hyde of rural Lake Andes has 
watched the river work its way to within a stone's throw of her home--
an original homestead first settled by her family over 100 years ago. 
Without additional help, it is likely that she may be forced to abandon 
her farm. I believe it is our responsibility to give individuals like 
her the help they need to protect their homes.
  The Missouri River Erosion Control Act of 1998 will give homeowners 
the opportunity to take responsible steps to protect their property. 
The bill amends current law to permit homeowners to work in partnership 
with the U.S. Army Corps of Engineers to take steps to stabilize their 
shoreline. Under the my bill, the Corps of Engineers will accept 
applications from private property owners along the Missouri River and 
rank those applications in order of need. The most vulnerable stretches 
of the shoreline would then be targeted for assistance. Like other 
erosion control programs, the bill requires a 35 percent non-federal 
cost share, while the federal government will provide the other 65 
percent of the cost.
  For many years the Corps of Engineers has been reluctant to work with 
private property owners to prevent damage to private property from 
erosion. Nevertheless, new circumstances require new thinking. 
Particularly in the wake of last year's disaster in South Dakota, 
circumstances have made it clear that we must help families take the 
steps they need to protect their homes. Homeowners want to take 
responsible measures to protect their property. We must give them that 
opportunity. I urge my colleagues to join me in support of this bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1672

       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 ``Missouri River Erosion 
     Control Act of 1998''.

     SEC. 2. MISSOURI RIVER EROSION CONTROL.

       Section 9(f) of the Act entitled ``An Act authorizing the 
     construction of certain public works on rivers and harbors 
     for flood control, and for other purposes'', approved 
     December 22, 1944 (102 Stat. 4031)), is amended--
       (1) by striking ``(f) The'' and inserting the following:
       ``(f) Missouri River Between Fort Peck Dam, Montana, and a 
     Point Below Gavins Point Dam, South Dakota and Nebraska.--
       ``(1) In general.--The'';
       (2) in the first sentence of paragraph (1) (as designated 
     by paragraph (1)), by striking ``58'' and inserting ``77'';
       (3) in the second sentence--
       (A) by striking ``The cost'' and inserting the following:
       ``(2) Costs.--
       ``(A) Maximum.--The cost''; and
       (B) by striking ``$3,000,000'' and inserting 
     ``$6,000,000'';
       (4) in the third sentence, by striking ``Notwithstanding'' 
     and inserting the following:
       ``(B) Apportionment among project purposes.--
     Notwithstanding'';
       (5) in the last sentence, by striking ``In lieu'' and 
     inserting the following:
       ``(3) Acquisition of land.--
       ``(A) In general.--In lieu'';
       (6) in paragraph (3) (as designated by paragraph (5)), by 
     adding at the end the following:
       ``(B) Recreational river segments.--Notwithstanding the 
     Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.), in the 
     case of a segment of the Missouri River in the State of South 
     Dakota that is administered as a recreational river under 
     section 3(a) of that Act (16 U.S.C. 1274(a)), the Secretary 
     of the Army may acquire, from willing sellers, such real 
     estate interests as the Secretary determines are necessary to 
     carry out this subsection.''; and
       (7) by adding at the end the following:
       ``(4) Measures on behalf of non-federal entities.--The 
     Secretary of the Army may undertake measures authorized by 
     paragraph (1) at the request of, or on behalf of, a non-
     Federal public or private entity or individual with respect 
     to land owned by the entity or individual as of the date of 
     enactment of this paragraph, if a non-Federal interest 
     described in section 221(b) of the Flood Control Act of 1970 
     (42 U.S.C. 1962d-5b(b)) agrees in writing to provide 35 
     percent of the cost of the measures to be undertaken.''.


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