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108th CONGRESS
1st Session
S. 531
To direct the Secretary of the Interior to establish the Missouri River
Monitoring and Research Program, to authorize the establishment of the
Missouri River Basin Stakeholder Committee, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2003
Mr. Dorgan (for himself and Mr. Johnson) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior to establish the Missouri River
Monitoring and Research Program, to authorize the establishment of the
Missouri River Basin Stakeholder Committee, 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 may be cited as the ``Missouri River Enhancement and
Monitoring Act of 2003''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Center.--The term ``Center'' means the River Studies
Center of the Biological Resources Division of the United
States Geological Survey, located in Columbia, Missouri.
(2) Committee.--The term ``Committee'' means the Missouri
River Basin Stakeholder Committee established under section
4(a).
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(4) Program.--The term ``program'' means the Missouri River
monitoring and research program established under section 3(a).
(5) River.--The term ``River'' means the Missouri River.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Biological Resources
Division of the United States Geological Survey.
(7) State.--The term ``State'' means--
(A) the State of Iowa;
(B) the State of Kansas;
(C) the State of Missouri;
(D) the State of Montana;
(E) the State of Nebraska;
(F) the State of North Dakota;
(G) the State of South Dakota; and
(H) the State of Wyoming.
(8) State agency.--The term ``State agency'' means an
agency of a State that has jurisdiction over fish and wildlife
of the River.
SEC. 3. MISSOURI RIVER MONITORING AND RESEARCH PROGRAM.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish the Missouri River
monitoring and research Program--
(1)(A) to coordinate the collection of information on the
biological and water quality characteristics of the River; and
(B) to evaluate how those characteristics are affected by
hydrology;
(2) to coordinate the monitoring and assessment of biota
(including threatened or endangered species) and habitat of the
River; and
(3) to make recommendations on means to assist in restoring
the ecosystem of the River.
(b) Consultation.--In establishing the program under subsection
(a), the Secretary shall consult with--
(1) the Biological Resources Division of the United States
Geological Survey;
(2) the Director of the United States Fish and Wildlife
Service;
(3) the Chief of Engineers;
(4) the Western Area Power Administration;
(5) the Administrator of the Environmental Protection
Agency;
(6) the Governors of the States, acting through--
(A) the Missouri River Natural Resources Committee;
and
(B) the Missouri River Basin Association; and
(7) the Indian tribes of the Missouri River Basin.
(c) Administration.--The Center shall administer the program.
(d) Activities.--In administering the program, the Center shall--
(1) establish a baseline of conditions for the River
against which future activities may be measured;
(2) monitor biota (including threatened or endangered
species), habitats, and the water quality of the River;
(3) if initial monitoring carried out under paragraph (2)
indicates that there is a need for additional research, carry
out any additional research appropriate to--
(A) advance the understanding of the ecosystem of
the River; and
(B) assist in guiding the operation and management
of the River;
(4) use any scientific information obtained from the
monitoring and research to assist in the recovery of the
threatened species and endangered species of the River; and
(5) establish a scientific database that shall be--
(A) coordinated among the States and Indian tribes
of the Missouri River Basin; and
(B) readily available to members of the public.
(e) Contracts With Indian Tribes.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary shall enter into contracts in accordance
with section 102 of the Indian Self-Determination Act (25
U.S.C. 450f) with Indian tribes that have--
(A) reservations located along the River; and
(B) an interest in monitoring and assessing the
condition of the River.
(2) Requirements.--A contract entered into under paragraph
(1) shall be for activities that--
(A) carry out the purposes of this Act; and
(B) complement any activities relating to the River
that are carried out by--
(i) the Center; or
(ii) the States.
(f) Monitoring and Recovery of Threatened Species and Endangered
Species.--The Center shall provide financial assistance to the United
States Fish and Wildlife Service and State agencies to monitor and
recover threatened species and endangered species, including monitoring
the response of pallid sturgeon to reservoir operations on the mainstem
of the River.
(g) Grant Program.--
(1) In general.--The Center shall carry out a competitive
grant program under which the Center shall provide grants to
States, Indian tribes, research institutions, and other
eligible entities and individuals to conduct research on the
impacts of the operation and maintenance of the mainstem
reservoirs on the River on the health of fish and wildlife of
the River, including an analysis of any adverse social and
economic impacts that result from reoperation measures on the
River.
(2) Requirements.--On an annual basis, the Center, the
Director of the United States Fish and Wildlife Service, the
Director of the United States Geological Survey, and the
Missouri River Natural Resources Committee, shall--
(A) prioritize research needs for the River;
(B) issue a request for grant proposals; and
(C) award grants to the entities and individuals
eligible for assistance under paragraph (1).
(h) Allocation of Funds.--
(1) Center.--Of amounts made available to carry out this
section, the Secretary shall make the following percentages of
funds available to the Center:
(A) 35 percent for fiscal year 2004.
(B) 40 percent for fiscal year 2005.
(C) 50 percent for each of fiscal years 2006
through 2018.
(2) States and indian tribes.--Of amounts made available to
carry out this section, the Secretary shall use the following
percentages of funds to provide assistance to States or Indian
tribes of the Missouri River Basin to carry out activities
under subsection (d):
(A) 65 percent for fiscal year 2004.
(B) 60 percent for fiscal year 2005.
(C) 50 percent for each of fiscal years 2006
through 2018.
(3) Use of allocations.--
(A) In general.--Of the amount made available to
the Center for a fiscal year under paragraph (1)(C),
not less than--
(i) 20 percent of the amount shall be made
available to provide financial assistance under
subsection (f); and
(ii) 33 percent of the amount shall be made
available to provide grants under subsection
(g).
(B) Administrative and other expenses.--Any amount
remaining after application of subparagraph (A) shall
be used to pay the costs of--
(i) administering the program;
(ii) collecting additional information
relating to the River, as appropriate;
(iii) analyzing and presenting the
information collected under clause (ii); and
(iv) preparing any appropriate reports,
including the report required by subsection
(i).
(i) Report.--Not later than 3 years after the date on which the
program is established under subsection (a), and not less often than
every 3 years thereafter, the Secretary, in cooperation with the
individuals and agencies referred to in subsection (b), shall--
(1) review the program;
(2) establish and revise the purposes of the program, as
the Secretary determines to be appropriate; and
(3) submit to the appropriate committees of Congress a
report on the environmental health of the River, including--
(A) recommendations on means to assist in the
comprehensive restoration of the River; and
(B) an analysis of any adverse social and economic
impacts on the River, in accordance with subsection
(g)(1).
SEC. 4. MISSOURI RIVER BASIN STAKEHOLDER COMMITTEE.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Governors of the States and the governing
bodies of the Indian tribes of the Missouri River Basin shall establish
a committee to be known as the ``Missouri River Basin Stakeholder
Committee'' to make recommendations to the Federal agencies with
jurisdiction over the River on means of restoring the ecosystem of the
River.
(b) Membership.--The Governors of the States and governing bodies
of the Indian tribes of the Missouri River Basin shall appoint to the
Committee--
(1) representatives of--
(A) the States; and
(B) Indian tribes of the Missouri River Basin;
(2) individuals in the States with an interest in or
expertise relating to the River; and
(3) such other individuals as the Governors of the States
and governing bodies of the Indian tribes of the Missouri River
Basin determine to be appropriate.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary--
(1) to carry out section 3--
(A) $6,500,000 for fiscal year 2004;
(B) $8,500,000 for fiscal year 2005; and
(C) $15,100,000 for each of fiscal years 2006
through 2018; and
(2) to carry out section 4, $150,000 for fiscal year 2004.
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