[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1279 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1279

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 24, 1999

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

_______________________________________________________________________

                                 A BILL


 
To improve the environmental quality and public use and appreciation of 
  the Missouri River and to provide additional authority to the Army 
 Corps of Engineers to protect, enhance, and restore fish and wildlife 
                     habitat on 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 of 1999''.

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 and 
        opportunities for river-based recreation;
            (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 to--
            (1) protect, restore, and enhance the fish, wildlife, and 
        plants, and the associated habitats on which they depend, of 
        the Missouri River;
            (2) restore a string of natural places that aid native 
        river fish and wildlife, reduce flood losses, and enhance 
        recreation and tourism;
            (3) revitalize historic riverfronts to improve quality of 
        life in riverside communities and attract recreation and 
        tourism;
            (4) monitor the health of the Missouri River and measure 
        biological, chemical, and physical responses to changes in 
        River management;
            (5) allow the Army Corps of Engineers increased authority 
        to restore and protect fish and wildlife habitat on the 
        Missouri River;
            (6) protect and replenish cottonwoods, and their associated 
        riparian woodland communities, along the upper Missouri River; 
        and
            (7) 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. DEFINITION OF MISSOURI RIVER.

    In this Act, 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 Montana.

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, to the maximum 
        extent practicable, protect, enhance, and restore fish and 
        wildlife habitat on the Missouri River.''.

SEC. 5. ACQUISITION OF LAND FOR THE NATIONAL WILDLIFE REFUGE SYSTEM.

    (a) In General.--The Secretary of the Interior shall conduct a 
study of the Missouri River to examine needs and opportunities for 
acquisition of land and water surrounding the Missouri River as part of 
the National Wildlife Refuge System.
    (b) New Refuge Land.--Any planning or acquisition of new refuge 
land resulting from the study under subsection (a) shall be--
            (1) conducted using existing acquisition authorities and 
        procedures; and
            (2) purchased from willing sellers only.

SEC. 6. 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:
    ``Not later than 180 days after the date of enactment of this 
paragraph, the Secretary of the Army, in consultation with the United 
States Fish and Wildlife Service and State fish and wildlife agencies, 
shall submit a report to Congress outlining the feasibility and costs 
of acquiring and restoring up to 25 percent of lost habitat, comprising 
approximately 118,650 acres, in the Missouri River floodplain in the 
States of Nebraska, Iowa, Kansas, and Missouri.''.

SEC. 7. 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; and
                    (B) recommends measures appropriate to mitigate the 
                adverse effects described in subparagraph (A).
            (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 is 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 2000 through 2010.

SEC. 8. MISSOURI RIVER CHANNEL ENHANCEMENT PROGRAM.

    (a) In General.--The Secretary of the Army, acting through the 
Chief of Engineers and in consultation with the Director of the United 
States Fish and Wildlife Service, shall, in the course of ongoing 
operations and maintenance of the Missouri River bank stabilization and 
navigation project, modify and improve navigation training and bank 
stabilization structures to protect, enhance, and restore native river 
fish and wildlife habitat and support ecosystem restoration.
    (b) Navigation, Flood Control, and Water Supply.--As part of the 
project, the Secretary of the Army shall modify navigation training and 
bank stabilization structures on publicly owned property where the 
modifications would benefit native fish and wildlife and ecosystem 
restoration.
    (c) Operation and Maintenance.--The operation and maintenance of 
each activity under the project shall be a Federal responsibility.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of the Army to carry out this section 
$5,000,000 for each of fiscal years 2000 through 2010.

SEC. 9. RIVERFRONT REVITALIZATION.

    Section 11(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1282) 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 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;
                            ``(vii) Yankton, South Dakota;
                            ``(viii) Pierre, South Dakota/Ft. Pierre, 
                        South Dakota;
                            ``(ix) Bismarck, North Dakota; and
                            ``(x) Fort Peck, Montana.
                    ``(B) Funding.--
                            ``(i) Authorization of appropriations.--
                        There is authorized to be appropriated to the 
                        Secretary 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 shall provide no 
                        funds for the operation and maintenance of a 
                        project under this paragraph.''.

SEC. 10. 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--
            (1) cottonwood reproduction;
            (2) native fish and other river wildlife, including 
        competition from non-native species;
            (3) flood losses;
            (4) water supply needs;
            (5) recreation; and
            (6) main stem and tributary dam operations.
    (c) Report.--Not later than July 31, 2001, the Secretary shall 
submit to Congress a report describing the results of the study 
required under this section.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $5,000,000.

SEC. 11. LONG-TERM MONITORING PROGRAM.

    (a) Establishment.--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 
Services Division of the United States Geological Study, located in 
Columbia, Missouri, to monitor the physical, 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 shall develop a program to monitor and assess 
the biota, habitats, and water quality of the Missouri River, in 
consultation with--
            (1) the Governors of affected States, acting through the 
        Missouri River Natural Resources Committee and another 
        representative of each Governor's designation;
            (2) the Secretary of Agriculture;
            (3) the Secretary of the Army;
            (4) the Secretary of Energy;
            (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, habitats, and water 
                quality;
                    (B) focused identification of cause and effect 
                relationships; and
                    (C) valuation 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 shall--
            (1) establish a database on Missouri River biota, 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, 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) $5,000,000 for fiscal year 2000;
                    (B) $7,000,000 for fiscal year 2001; and
                    (C) $13,600,000 for each of fiscal years 2002 
                through 2014.
            (2) Nonreimbursable expenditure.--Of the costs associated 
        with the development and implementation of this program--
                    (A) 90 percent shall be allocated to the United 
                States as a nonreimbursable expenditure; and
                    (B) 10 percent shall be allocated equally among the 
                States of Iowa, Kansas, Missouri, Nebraska, Montana, 
                North Dakota, and South Dakota.
            (3) Non-federal share.--The Secretary may accept as part of 
        the non-Federal cost share the contribution of such in-kind 
        services by participating States as the Secretary determines 
        will contribute substantially toward the development and 
        administration of the program.

SEC. 12. INTERPRETATION AND RECREATION.

    (a) Interpretative 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/Ft. Pierre, South Dakota;
                    (E) Bismarck, North Dakota; and
                    (F) Great Falls, Montana.
            (2) Spending limit.--
                    (A) In general.--The Secretary'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.
                    (B) No funds for operation and maintenance.--The 
                Secretary shall not provide funds for the operation and 
                maintenance of 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 2000 
        through 2006.
    (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 2000 through 
        2003.
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