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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.''.
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