[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1399 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1399

   To authorize the Secretary of the Army to carry out a project to 
protect and enhance fish and wildlife habitat of the Missouri River and 
                     the middle Mississippi River.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 7, 1997

   Mr. Bond introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   To authorize the Secretary of the Army to carry out a project to 
protect and enhance fish and wildlife habitat of the Missouri River and 
                     the middle Mississippi River.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MISSOURI AND MIDDLE MISSISSIPPI RIVERS ENHANCEMENT PROJECT.

    (a) Definitions.--In this section:
            (1) Middle mississippi river.--The term ``middle 
        Mississippi River'' means the reach of the Mississippi River 
        from the mouth of the Ohio River (river mile 0, Upper 
        Mississippi River) to the mouth of the Missouri River (river 
        mile 195).
            (2) Missouri river.--The term ``Missouri River'' means the 
        reach of the Missouri River from the mouth of the Missouri 
        River (river mile 0, Missouri River) to river mile 742.
            (3) Project.--The term ``project'' means the project 
        authorized by this section.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army.
    (b) Protection and Enhancement Activities.--
            (1) Plan.--
                    (A) Development.--Not later than 180 days after the 
                date of enactment of this Act, the Secretary shall 
                develop a plan for a project to protect and enhance 
                fish and wildlife habitat of the Missouri River and the 
                middle Mississippi River.
                    (B) Activities.--
                            (i) In general.--The plan shall provide for 
                        such activities as are necessary to protect and 
                        enhance fish and wildlife habitat without 
                        adversely affecting--
                                    (I) the water-related needs of the 
                                region surrounding the Missouri River 
                                and the middle Mississippi River, 
                                including flood control, navigation, 
                                and enhancement of water supply; and
                                    (II) private property rights.
                            (ii) Required activities.--The plan shall 
                        include--
                                    (I) modification and improvement of 
                                navigation training structures to 
                                protect and enhance fish and wildlife 
                                habitat;
                                    (II) modification and creation of 
                                side channels to protect and enhance 
                                fish and wildlife habitat;
                                    (III) restoration and creation of 
                                island fish and wildlife habitat;
                                    (IV) creation of riverine fish and 
                                wildlife habitat;
                                    (V) establishment of criteria for 
                                prioritizing the type and sequencing of 
                                activities based on cost-effectiveness 
                                and likelihood of success; and
                                    (VI) physical and biological 
                                monitoring for evaluating the success 
                                of the project.
            (2) Implementation of activities.--
                    (A) In general.--Using funds made available to 
                carry out this section, the Secretary shall carry out 
                the activities described in the plan.
                    (B) Use of existing authority for unconstructed 
                features of the project.--Using funds made available to 
                the Secretary under other law, the Secretary shall 
                design and construct any feature of the project that 
                may be carried out using the authority of the Secretary 
                to modify an authorized project, if the Secretary 
                determines that the design and construction will--
                            (i) accelerate the completion of activities 
                        to protect and enhance fish and wildlife 
                        habitat of the Missouri River or the middle 
                        Mississippi River; and
                            (ii) be compatible with the project 
                        purposes described in this section.
    (c) Integration of Other Activities.--
            (1) In general.--In carrying out the activities described 
        in subsection (b), the Secretary shall integrate the activities 
        with other Federal and State activities.
            (2) Effect on authority.--
                    (A) Existing authority.--Except as otherwise 
                expressly provided in this section, nothing in this 
                section affects--
                            (i) the authority to carry out the project 
                        for mitigation of fish and wildlife losses, 
                        Missouri River Bank Stabilization and 
                        Navigation Project, Missouri, Kansas, Iowa, and 
                        Nebraska, authorized by section 601(a) of the 
                        Water Resources Development Act of 1986 (100 
                        Stat. 4143);
                            (ii) the authority provided by section 1103 
                        of the Water Resources Development Act of 1986 
                        (33 U.S.C. 652); or
                            (iii) any other authority in effect on the 
                        date of enactment of this Act or any 
                        requirement of the authority.
                    (B) New authority.--Nothing in this section confers 
                any new regulatory authority on any Federal or non-
                Federal entity that carries out any activity authorized 
                by this section.
    (d) Public Participation.--In developing and carrying out the plan 
under subsection (b) and the activities described in subsection (c), 
the Secretary shall provide for public review and comment in accordance 
with applicable Federal law, including--
            (1) providing advance notice of meetings;
            (2) providing adequate opportunity for public input and 
        comment;
            (3) maintaining appropriate records; and
            (4) compiling a record of the proceedings of meetings.
    (e) Compliance With Applicable Law.--In carrying out the activities 
described in subsections (b) and (c), the Secretary shall comply with 
any applicable Federal law, including the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.).
    (f) Cost Sharing.--
            (1) Non-federal share.--The non-Federal share of the cost 
        of the project (including design and construction described in 
        subsection (b)(2)(B)) shall not exceed 25 percent.
            (2) Federal share.--The Federal share of the cost of any 1 
        activity described in subsection (b) shall not exceed 
        $5,000,000.
            (3) Operation and maintenance.--The operation and 
        maintenance of the project shall be a Federal responsibility.
    (g) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        pay the Federal share of the cost of carrying out activities 
        under this section $50,000,000 for the period of fiscal years 
        1999 through 2004.
            (2) Management of funds.--Funds made available under this 
        subsection shall be managed by the Mississippi Valley Division 
        of the Army Corps of Engineers and distributed to the 
        appropriate Districts of the Army Corps of Engineers.
                                 <all>