[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 525 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 525

  To ensure equity in, and increased recreation and maximum economic 
 benefits from, the control of the water in the Missouri River system, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                March 9 (legislative day, March 6), 1995

  Mr. Baucus (for himself, Mr. Daschle, Mr. Dorgan, and Mr. Pressler) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To ensure equity in, and increased recreation and maximum economic 
 benefits from, the control of the water in the Missouri River system, 
                        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 Water Control Equity 
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) gross revenues from recreation on the Missouri River 
        system are estimated by the Army Corps of Engineers to be 
        $77,000,000 annually;
            (2) gross revenues from navigation on the Missouri River 
        system are estimated by the Army Corps of Engineers to be 
        $15,000,000 annually;
            (3) barge traffic produces only 1 percent of the annual net 
        revenue that derives from the operation of the Missouri River 
        system;
            (4) the Army Corps of Engineers requires 18,000,000 acre-
        feet of water to remain in the reservoirs of the Missouri River 
        system;
            (5) maximum economic benefits for the Missouri River system 
        are estimated by the Army Corps of Engineers to be achieved if 
        44,000,000 acre-feet of water are maintained in the reservoirs 
        of the Missouri River system;
            (6) the recreation industry along the Missouri River has 
        been stifled by drawdowns of the reservoirs of the Missouri 
        River system during drought periods;
            (7) barge traffic on the Missouri River has steadily 
        decreased since 1977 so that currently the quantity of cargo 
        shipped on the Missouri River is only 1,400,000 tons annually;
            (8) the States of Missouri, Iowa, Kansas, and Nebraska 
        receive 68 percent of the total economic benefits of the 
        Missouri River system; and
            (9) the States of Montana, North Dakota, South Dakota, and 
        Wyoming receive only 32 percent of the total economic benefits 
        of the Missouri River system.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to ensure that the States of Montana, North Dakota, 
        South Dakota, and Wyoming receive an equitable portion of the 
        economic benefits from the operation of the Missouri River 
        system;
            (2) to encourage the development of the recreation industry 
        along the Missouri River;
            (3) to maximize the economic benefits to the United States 
        of the operation of the Missouri River system; and
            (4) to phase out navigation, which is the least productive 
        use of the Missouri River system, in order to increase the 
        productivity of other competing uses of the system such as 
        hydropower and flood protection.

SEC. 4. MINIMUM POOL LEVELS.

    (a) Missouri River System.--The Secretary of the Army, acting 
through the Assistant Secretary of the Army having responsibility for 
civil works (referred to in this Act as the ``Secretary''), shall not 
permit the permanent pool levels in the Missouri River system to fall 
below 44,000,000 acre-feet at any time unless the Secretary makes a 
finding that a lower level is required to provide necessary--
            (1) emergency flood control to protect human life and 
        property;
            (2) hydropower; or
            (3) water supply.
    (b) Fort Peck Lake.--The Secretary shall not permit the permanent 
pool level in Fort Peck Lake to fall below 12,000,000 acre-feet (which 
is equivalent to an elevation of 2,220 feet) at any time unless the 
Secretary makes a finding that a lower level is required to provide 
necessary--
            (1) emergency flood control to protect human life and 
        property;
            (2) hydropower; or
            (3) water supply.

SEC. 5. NAVIGATION DEAUTHORIZED.

    (a) Transition Provision.--The Secretary shall decrease the length 
of the first navigation season that begins after the date of enactment 
of this Act, and each navigation season thereafter, by 30 days from the 
length of the previous navigation season, until such time as the 
navigation season for the Missouri River is eliminated.
    (b) Prohibition.--Beginning on the day after the end of the last 
navigation season under subsection (a), the Secretary may not authorize 
a program, project, or activity that involves navigation on the 
Missouri River.

SEC. 6. MITIGATION OF EROSION.

    (a) In General.--Not later than January 1, 1997, the Secretary 
shall develop and implement a plan to mitigate streambank and reservoir 
erosion caused by the operation of the Missouri River system.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the plan developed under subsection (a) 
$20,000,000 for each fiscal year.
                                 <all>