[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2741 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2741

To clarify that, with respect to each Missouri River mainstem reservoir 
   of the Corps of Engineers located in a State, the State maintains 
  authority to allocate and appropriate the quantity of water in the 
  reservoir that is attributable to the natural flows of the Missouri 
   River within the boundaries of the State, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                             July 18, 2013

 Mrs. Noem (for herself and Mr. Cramer) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

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                                 A BILL


 
To clarify that, with respect to each Missouri River mainstem reservoir 
   of the Corps of Engineers located in a State, the State maintains 
  authority to allocate and appropriate the quantity of water in the 
  reservoir that is attributable to the natural flows of the Missouri 
   River within the boundaries of the State, 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. STATE AUTHORITY TO ALLOCATE AND APPROPRIATE WATERS IN 
              MISSOURI RIVER MAINSTEM RESERVOIRS.

    (a) Declaration of Policy.--It is declared to be the policy of 
Congress that--
            (1) a State has authority to manage the waters of rivers 
        located within the boundaries of the State; and
            (2) accordingly, with respect to each Missouri River 
        mainstem reservoir of the Corps of Engineers, the State in 
        which the reservoir is located maintains authority to allocate 
        and appropriate the quantity of water in the reservoir that is 
        attributable to the natural flows of the Missouri River within 
        the boundaries of the State.
    (b) Natural Flows.--For purposes of this section--
            (1) the term ``natural flows'' means waters of the Missouri 
        River that would be flowing in a State in the absence of a dam 
        that forms a Missouri River mainstem reservoir of the Corps of 
        Engineers; and
            (2) the quantity of natural flows shall be determined based 
        on average monthly flows (excluding depletions) and shall be 
        calculated for the entire period of record, including the 
        periods before, during, and after construction of any dams or 
        reservoirs.
    (c) Missouri River System Reservoirs.--
            (1) Policies and procedures.--All policies and procedures 
        for the operations of Missouri River mainstem reservoirs of the 
        Corps of Engineers shall be consistent with the declared policy 
        under subsection (a).
            (2) Determination of natural flows.--With respect to each 
        Missouri River mainstem reservoir of the Corps of Engineers, 
        the Secretary shall determine, in consultation with the State 
        in which the reservoir is located, the quantity of water in the 
        reservoir that is attributable to the natural flows of the 
        Missouri River within the boundaries of the State.
            (3) Judicial review.--A State may seek judicial review of a 
        determination under paragraph (2) under chapter 7 of title 5, 
        United States Code.
            (4) Prohibition on fees.--
                    (A) In general.--The Secretary may not charge a fee 
                in connection with water attributable to the natural 
                flows of the Missouri River.
                    (B) Interim rule.--Until the quantity of the 
                natural flows of the Missouri River within the 
                boundaries of a State is determined under subsection 
                (c)(2) through final agency action, the Secretary may 
                not charge any fee in connection with water of the 
                Missouri River in the State, without the consent of the 
                State.
            (5) Report to congress.--Not later than 180 days after the 
        date of enactment of this Act, the Secretary shall submit to 
        Congress a report on determinations made under paragraph (2).
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