Home > 106th Congressional Bills > H.R. 5528 (eh) To authorize the construction of a Wakpa Sica Reconciliation Place in Fort Pierre, South Dakota, and for other purposes. [Engrossed in House] ...H.R. 5528 (eh) To authorize the construction of a Wakpa Sica Reconciliation Place in Fort Pierre, South Dakota, and for other purposes. [Engrossed in House] ...
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 jurisdiction of the committee concerned
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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 reduce the deposition of sediment;
(B) to improve conservation; 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 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 Missouri River
watershed;
(B) to protect recreation on the Missouri River
from sedimentation;
(C) to protect water quality in the Missouri River
from sedimentation;
(D) to improve erosion control along the Missouri
River; and
(E) to protect Indian and non-Indian historical and
cultural sites along the Missouri River from
sedimentation; and
(2) to meet the objectives described in paragraph (1) 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, 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 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) 14 members appointed by the Governor of South Dakota--
(A) that represent the various interests of the
public; and
(B) which may 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; and
(2) 9 members representing each of the 9 Indian 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 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) 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 $300,000,000 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) Federal share.--The Federal share of the cost
of any project carried out with a payment under this
paragraph shall be 80 percent 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 provide 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-Indian
historical and cultural sites along the Missouri 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 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--
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