[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2704 Introduced in Senate (IS)]







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.''.

SEC. 11. 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 
cottonwood reproduction, including the relationship of cottonwood 
reproduction to--
            (1) native fish and other river wildlife, including 
        competition from nonnative species;
            (2) flood losses;
            (3) water supply needs;
            (4) recreation; and
            (5) main stem and tributary dam operations.
    (c) Report.--Not later than July 31, 2002, the Secretary of the 
Interior shall submit to Congress a report describing the results of 
the study under this section.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of the Interior to carry out this section 
$1,000,000.

SEC. 12. LONG-TERM MONITORING PROGRAM.

    (a) Establishment.--The Secretary of the Army and 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 Resources Division of the United States 
Geological Survey, located in Columbia, Missouri, to determine and 
monitor the geological, hydrological, 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 of the Interior shall develop a program to 
monitor and assess the biota, including threatened or endangered 
species, habitats, and water quality of the Missouri River, in 
consultation with--
            (1) the Governors of affected States, acting through--
                    (A) the Missouri River Natural Resources Committee; 
                and
                    (B) 1 representative appointed by each Governor;
            (2) the Secretary of Agriculture;
            (3) the Secretary of the Army;
            (4) the Western Area Power Administration;
            (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, including threatened or 
                endangered species, habitats, and water quality;
                    (B) focused identification of cause and effect 
                relationships; and
                    (C) identification and evaluation 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 of the Interior shall--
            (1) establish a database on Missouri River biota, including 
        threatened or endangered species, 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 of the Interior, 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) $6,500,000 for fiscal year 2001;
                    (B) $8,500,000 for fiscal year 2002; and
                    (C) $15,100,000 for each of fiscal years 2003 
                through 2015.
            (2) Nonreimbursable expenditure.--The costs associated with 
        the development and implementation of the program under 
        subsection (b) shall be allocated to the United States as a 
        nonreimbursable expenditure.

SEC. 13. INTERPRETATION AND RECREATION.

    (a) Interpretive 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/Fort Pierre, South Dakota;
                    (E) Bismarck, North Dakota;
                    (F) Great Falls, Montana;
                    (G) Leavenworth, Kansas; and
                    (H) Atchison, Kansas.
            (2) Spending limit.--The Secretary of the Interior'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.
            (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 2001 
        through 2007.
    (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 2001 through 
        2004.
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