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S. 2704 (106th): Missouri River Valley Improvement Act

The text of the bill below is as of Jun 8, 2000 (Introduced).


S 2704 IS

106th CONGRESS

2d Session

S. 2704

To provide additional authority to the Army Corps of Engineers to protect, enhance, and restore fish and wildlife habitat on the Missouri River and to improve the environmental quality and public use and appreciation of the Missouri River.

IN THE SENATE OF THE UNITED STATES

June 8, 2000

Mr. KERREY (for himself, Mr. BOND, Mr. DASCHLE, Mr. JOHNSON, Mr. BROWNBACK, and Mr. ROBERTS) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works


A BILL

To provide additional authority to the Army Corps of Engineers to protect, enhance, and restore fish and wildlife habitat on the Missouri River and to improve the environmental quality and public use and appreciation of the Missouri River.

    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 Valley Improvement Act’.

SEC. 2. FINDINGS AND PURPOSES.

    (a) FINDINGS- Congress finds that--

      (1) Lewis and Clark were pioneering naturalists that recorded dozens of species previously unknown to science while ascending the Missouri River in 1804;

      (2) the Missouri River, which is 2,321 miles long, drains 1/6 of the United States, is home to approximately 10,000,000 people in 10 States and 28 Native American tribes, and is a resource of incalculable value to the United States;

      (3) the construction of dams, levees, and river training structures in the past 150 years has aided navigation, flood control, and water supply along the Missouri River, but has reduced habitat for native river fish and wildlife;

      (4) river organizations, including the Missouri River Basin Association, support habitat restoration, riverfront revitalization, and improved operational flexibility so long as these efforts do not significantly interfere with uses of the Missouri River; and

      (5) restoring a string of natural places by the year 2004 would aid native river fish and wildlife, reduce flood losses, enhance recreation and tourism, and celebrate the bicentennial of Lewis and Clark’s voyage.

    (b) PURPOSES- The purposes of this Act are--

      (1) to protect, restore, and enhance the fish, wildlife, and plants, and the associated habitats on which they depend, of the Missouri River;

      (2) to restore a string of natural places that aid native river fish and wildlife, reduce flood losses, and enhance recreation and tourism;

      (3) to revitalize historic riverfronts to improve quality of life in riverside communities and attract recreation and tourism;

      (4) to monitor the health of the Missouri River and measure biological, chemical, geological, and hydrological responses to changes in Missouri River management;

      (5) to allow the Army Corps of Engineers increased authority to restore and protect fish and wildlife habitat on the Missouri River;

      (6) to protect and replenish cottonwoods, and their associated riparian woodland communities, along the upper Missouri River; and

      (7) to educate the public about the economic, environmental, and cultural importance of the Missouri River and the scientific and cultural discoveries of Lewis and Clark.

SEC. 3. DEFINITIONS.

    In this Act:

      (1) MISSOURI RIVER- The term ‘Missouri River’ means the Missouri River and the adjacent floodplain that extends from the mouth of the Missouri River (RM 0) to the confluence of the Jefferson, Madison, and Gallatin Rivers (RM 2341) in the State of Montana.

      (2) MISSOURI RIVER BASIN STATE- The term ‘Missouri River basin State’ means the State of Iowa, Kansas, Missouri, Montana, Nebraska, North Dakota, or South Dakota.

SEC. 4. AUTHORITY TO PROTECT, ENHANCE, AND RESTORE FISH AND WILDLIFE HABITAT.

    Section 9(b) 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 (commonly known as the ‘Flood Control Act of 1944’) (58 Stat. 891), is amended--

      (1) by striking ‘(b) The general’ and inserting the following:

    ‘(b) COMPREHENSIVE PLAN-

      ‘(1) IN GENERAL- The general’;

      (2) by striking ‘paragraph’ and inserting ‘subsection’; and

      (3) by adding at the end the following:

      ‘(2) FISH AND WILDLIFE HABITAT- In addition to carrying out the duties under the comprehensive plan described in paragraph (1), the Chief of Engineers shall protect, enhance, and restore fish and wildlife habitat on the Missouri River to the extent consistent with other authorized project purposes.’.

SEC. 5. INTEGRATION OF ACTIVITIES.

    (a) IN GENERAL- In carrying out this Act and in accordance with subsection (b), the Secretary of the Army shall provide for such activities as are necessary to protect and enhance fish and wildlife habitat without adversely affecting--

      (1) the water-related needs of the Missouri River basin, including flood control, navigation, hydropower, water supply, and recreation; and

      (2) private property rights.

    (b) NEW AUTHORITY- Nothing in this Act confers any new regulatory authority on any Federal or non-Federal entity that carries out any activity under this Act.

SEC. 6. ACQUISITION OF LAND FOR THE NATIONAL WILDLIFE REFUGE SYSTEM.

    (a) IN GENERAL- Not later than 2 years after the date of enactment of this Act, in each Missouri River basin State for which the Governor consents to the study under

subsection (b), the Secretary of the Interior shall conduct a study of the Missouri River to examine the needs and opportunities for acquisition of land surrounding the Missouri River for inclusion in the National Wildlife Refuge System.

    (b) STATE PARTICIPATION-

      (1) IN GENERAL- Not later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall submit to the Governor of each Missouri River basin State a written request that the State participate in the study under subsection (a).

      (2) RESPONSE OF GOVERNOR- As soon as practicable after the date on which a Governor of a Missouri River basin State receives a request under paragraph (1), the Governor shall submit to the Secretary of the Interior written consent for the State to participate in the study under subsection (a) if the Governor determines that the State should participate in the study.

    (c) NEW REFUGE LAND- Any acquisition of new land for inclusion in the National Wildlife Refuge System resulting from the study under subsection (a) shall be--

      (1) conducted using acquisition authorities and procedures in effect on the date of enactment of this Act;

      (2) from willing sellers only; and

      (3) preceded by an evaluation of any impact of the new land on other authorized project purposes of the Missouri River main stem system as identified in 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 (commonly known as the ‘Flood Control Act of 1944’) (58 Stat. 891).

SEC. 7. MISSOURI RIVER MITIGATION PROJECT.

    The matter under the heading ‘MISSOURI RIVER MITIGATION, MISSOURI, KANSAS, IOWA, AND NEBRASKA’ of section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143) is amended by adding at the end the following: ‘There is authorized to be appropriated to carry out this paragraph $25,000,000 for each of fiscal years 2001 through 2010.’.

SEC. 8. UPPER MISSOURI RIVER AQUATIC AND RIPARIAN HABITAT MITIGATION PROGRAM.

    (a) IN GENERAL-

      (1) STUDY- Not later than 2 years after the date of enactment of this Act, the Secretary of the Army, through an interagency agreement with the Director of the United States Fish and Wildlife Service and in accordance with the Fish and Wildlife Conservation Act of 1980 (16 U.S.C. 2901 et seq.), shall complete a study that--

        (A) analyzes any adverse effects on aquatic and riparian-dependent fish and wildlife resulting from the operation of the Missouri River Mainstem Reservoir Project in the States of Nebraska, South Dakota, North Dakota, and Montana;

        (B) recommends measures appropriate to mitigate the adverse effects described in subparagraph (A); and

        (C) develops baseline geologic and hydrologic data relating to aquatic and riparian habitat.

      (2) REPORT- Not later than 2 years after the date of enactment of this Act, the Secretary of the Army shall submit to Congress a report describing the results of the study under paragraph (1).

    (b) PILOT PROGRAM- The Secretary of the Army, in consultation with the Director of the United States Fish and Wildlife Service and the affected State fish and wildlife agencies, shall develop and administer a pilot mitigation program that--

      (1) involves the experimental releases of warm water from the spillways at Fort Peck Dam during the appropriate spawning periods for native fish;

      (2) involves the monitoring of the response of fish to and the effectiveness of the preservation of native fish and wildlife habitat of the releases described in paragraph (1); and

      (3) shall not adversely impact a use of the reservoir existing on the date the pilot program is implemented.

    (c) RESERVOIR FISH LOSS STUDY-

      (1) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Secretary of the Army, in consultation with the North Dakota Game and Fish Department and the South Dakota Department of Game, Fish and Parks, shall complete a study to analyze and recommend measures to avoid or reduce the loss of fish, including rainbow smelt, through Garrison Dam in North Dakota and Oahe Dam in South Dakota.

      (2) REPORT- Not later than 2 years after the date of enactment of this Act, the Secretary of the Army shall submit to Congress a report describing the results of the study under paragraph (1).

    (d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary of the Army--

      (1) to complete the study required under subsection (c), $200,000; and

      (2) to carry out the other provisions of this section, $1,000,000 for each of fiscal years 2001 through 2010.

SEC. 9. MISSOURI AND MIDDLE MISSISSIPPI RIVERS ENHANCEMENT PROJECT.

    Section 514 of the Water Resources Development Act of 1999 (113 Stat. 342) is amended by striking subsection (g) and inserting the following:

    ‘(g) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to pay the Federal share of the cost of carrying out activities under this section $5,000,000 for each of fiscal years 2002 through 2010.’.

SEC. 10. RIVERFRONT REVITALIZATION.

    Section 11(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1282(b)) is amended--

      (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and

      (2) by inserting after paragraph (2) the following:

      ‘(3) MISSOURI RIVER-

        ‘(A) IN GENERAL- The Secretary of the Interior, acting through the Director of the Rivers and Trails Conservation Assistance Program of the National Park Service, shall, if requested, work with riverside communities to develop projects to revitalize historic riverfronts, including--

          ‘(i) the communities of--

            ‘(I) Saint Charles, Missouri;

            ‘(II) Kansas City, Missouri/Kansas City, Kansas;

            ‘(III) Saint Joseph, Missouri;

            ‘(IV) Omaha, Nebraska;

            ‘(V) Council Bluffs, Iowa;

            ‘(VI) Sioux City, Iowa/South Sioux City, Nebraska;

            ‘(VII) Yankton, South Dakota;

            ‘(VIII) Pierre, South Dakota/Fort Pierre, South Dakota;

            ‘(IX) Bismarck, North Dakota;

            ‘(X) Fort Peck, Montana;

            ‘(XI) Leavenworth, Kansas;

            ‘(XII) Atchison, Kansas; and

            ‘(XIII) Riverside Tribal Communities; and

          ‘(ii) any other community along the Missouri River that requests such a project.

        ‘(B) FUNDING-

          ‘(i) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Secretary of the Interior to carry out this paragraph $15,000,000.

          ‘(ii) LIMITATION ON SHARE OF COSTS- The Federal share of costs associated with any single project described in this paragraph shall not exceed 25 percent of the total cost of that project.

          ‘(iii) NO FUNDS FOR OPERATION OR MAINTENANCE- The Secretary of the Interior shall provide no funds for the operation and maintenance of a project under this paragraph.’.

SEC. 11. COTTONWOOD PROTECTION STUDY.

    (a) IN GENERAL- The Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation and in consultation with the Secretary of the Army, shall complete a study to evaluate opportunities to protect and replenish cottonwoods in the associated riparian woodland communities along the Missouri River between Fort Benton and Fort Peck Reservoir, Montana, in accordance with the Water Resources Research Act of 1984 (42 U.S.C. 10301 et seq.).

    (b) EVALUATION- The study shall include an evaluation of cottonwood reproduction, including the relationship of cottonwood reproduction to--

      (1) native fish and other river wildlife, including competition from nonnative species;

      (2) flood losses;

      (3) water supply needs;

      (4) recreation; and

      (5) main stem and tributary dam operations.

    (c) REPORT- Not later than July 31, 2002, the Secretary of the Interior shall submit to Congress a report describing the results of the study under this section.

    (d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Secretary of the Interior to carry out this section $1,000,000.

SEC. 12. LONG-TERM MONITORING PROGRAM.

    (a) ESTABLISHMENT- The Secretary of the Army and the Secretary of the Interior, in consultation with the Director of the United States Geological Survey, shall establish a program at the River Studies Center of the Biological Resources Division of the United States Geological Survey, located in Columbia, Missouri, to determine and monitor the geological, hydrological, biological, and chemical characteristics of the Missouri River in accordance with title I of the Department of the Interior and Related Agencies Appropriations Act, 1997 (43 U.S.C. 31j).

    (b) PROGRAM- Not later than 2 years after the date of enactment of this Act, the Secretary of the Interior shall develop a program to monitor and assess the biota, including threatened or endangered species, habitats, and water quality of the Missouri River, in consultation with--

      (1) the Governors of affected States, acting through--

        (A) the Missouri River Natural Resources Committee; and

        (B) 1 representative appointed by each Governor;

      (2) the Secretary of Agriculture;

      (3) the Secretary of the Army;

      (4) the Western Area Power Administration;

      (5) the Administrator of the Environmental Protection Agency; and

      (6) the Missouri River Basin Tribes.

    (c) ACTIVITIES- The program under subsection (b) shall provide scientific information to--

      (1) guide operation and management of the Missouri River, including operation of dams by the Corps of Engineers and the Bureau of Reclamation; and

      (2) measure and model the impact of management alternatives through--

        (A) monitoring of biota, including threatened or endangered species, habitats, and water quality;

        (B) focused identification of cause and effect relationships; and

        (C) identification and evaluation of methods to conserve fish and wildlife.

    (d) BASELINE- The program under subsection (b) shall establish a baseline of conditions against which future activities can be measured.

    (e) DATABASE- The Secretary of the Interior shall--

      (1) establish a database on Missouri River biota, including threatened or endangered species, habitats, and water quality; and

      (2) make the database readily available to the public.

    (f) REPORT- Not later than 3 years after the date of establishment of the program under subsection (b), and not less frequently than every 3 years thereafter, the Secretary of the Interior, acting through the Director of the Biological Resources Division of the United States Geological Survey, shall--

      (1) review the program;

      (2) as necessary, establish and revise the objectives of the program; and

      (3) submit to Congress a report on the environmental health of the Missouri River.

    (g) AUTHORIZATION OF APPROPRIATIONS-

      (1) IN GENERAL- There are authorized to be appropriated to the Secretary of the Interior to carry out this section--

        (A) $6,500,000 for fiscal year 2001;

        (B) $8,500,000 for fiscal year 2002; and

        (C) $15,100,000 for each of fiscal years 2003 through 2015.

      (2) NONREIMBURSABLE EXPENDITURE- The costs associated with the development and implementation of the program under subsection (b) shall be allocated to the United States as a nonreimbursable expenditure.

SEC. 13. INTERPRETATION AND RECREATION.

    (a) INTERPRETIVE CENTERS-

      (1) IN GENERAL- The Secretary of the Interior, acting through the Director of the National Park Service, shall establish Lewis and Clark Interpretive Centers to educate the public about the economic and environmental importance of the Missouri River and the scientific and cultural discoveries of Lewis and Clark in the vicinity of Missouri River communities, including the communities of--

        (A) Kansas City, Missouri;

        (B) Nebraska City, Nebraska;

        (C) Sioux City, Iowa;

        (D) Pierre, South Dakota/Fort Pierre, South Dakota;

        (E) Bismarck, North Dakota;

        (F) Great Falls, Montana;

        (G) Leavenworth, Kansas; and

        (H) Atchison, Kansas.

      (2) SPENDING LIMIT- The Secretary of the Interior’s share of costs associated with any single project described in this subsection shall not exceed 25 percent of the total cost of carrying out the project.

      (3) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Secretary of the Interior to carry out this subsection $6,000,000 for each of fiscal years 2001 through 2007.

    (b) RECREATION IMPROVEMENTS-

      (1) IN GENERAL- The Secretary of the Army, acting through the Chief of Engineers, shall provide improvements to recreation facilities and visitor centers at the Missouri River main-stem projects to provide for increased visitor use associated with the Lewis and Clark commemoration.

      (2) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Secretary of the Army to carry out this subsection $500,000 for each of fiscal years 2001 through 2004.