[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2853 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2853

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

                             August 1, 2002

Mr. Johnson (for himself and Mr. Dorgan) 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 2002''.

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 2003.
                    (B) 40 percent for fiscal year 2004.
                    (C) 50 percent for each of fiscal years 2005 
                through 2017.
            (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 2003.
                    (B) 60 percent for fiscal year 2004.
                    (C) 50 percent for each of fiscal years 2005 
                through 2017.
            (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
                            (i) 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 2003;
                    (B) $8,500,000 for fiscal year 2004; and
                    (C) $15,100,000 for each of fiscal years 2005 
                through 2017; and
            (2) to carry out section 4, $150,000 for fiscal year 2003.
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