Sec. 5009. Upper Missouri Basin shoreline erosion prevention
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The Secretary may provide planning, design, and construction assistance to not more than 3 federally-recognized Indian tribes in the Upper Missouri River Basin to undertake measures to address shoreline erosion that is jeopardizing existing infrastructure resulting from operation of a reservoir constructed under the Pick-Sloan Missouri River Basin Program (authorized by section 9 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 891, chapter 665)). The projects described in paragraph
(1)shall be economically justified, technically feasible, and environmentally acceptable. Subject to paragraph (2), the Federal share of the costs of carrying out this section shall be not less than 75 percent. The Secretary may adjust the Federal and non-Federal shares of the costs of carrying out this section in accordance with the terms and conditions of section 103(m) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(m)). The Secretary may provide the assistance described in subsection
(a)only after— consultation with the Department of the Interior; and execution by the Indian tribe of a memorandum of agreement with the Secretary that specifies that the tribe shall— be responsible for— all operation and maintenance activities required to ensure the integrity of the measures taken; and providing any required real estate interests in and to the property on which such measures are to be taken; and hold and save the United States free from damages arising from planning, design, or construction assistance provided under this section, except for damages due to the fault or negligence of the United States or its contractors. For each Indian tribe eligible under this section, there is authorized to be appropriated to carry out this section not more than $30,000,000.
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