II 109th CONGRESS 2d Session S. 2371 IN THE SENATE OF THE UNITED STATES March 6, 2006 Mr. Thune (for himself and Mr. Johnson) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To permit the use of certain funds for recovery and mitigation activities in the upper basin of the Missouri River, and for other purposes.

1.

Upper basin of Missouri River

(a)

Use of funds

Notwithstanding the Energy and Water Development Appropriations Act, 2006 (Public Law 109–103; 119 Stat. 2247), funds made available for recovery or mitigation activities in the lower basin of the Missouri River may be used for recovery or mitigation activities in the upper basin of the Missouri River, including the States of Montana, Nebraska, North Dakota, and South Dakota. (b)

Conforming amendment

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), as modified by section 334 of the Water Resources Development Act of 1999 (113 Stat. 306), is amended by adding at the end the following: The Secretary may carry out any recovery or mitigation activities in the upper basin of the Missouri River, including the States of Montana, Nebraska, North Dakota, and South Dakota, using funds made available under this heading in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and consistent with the project purposes of the Missouri River Mainstem System as authorized by section 10 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944) (58 Stat. 897)..