[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 565 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 565

  To provide for the safe and reliable navigation of the Mississippi 
                     River, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 14, 2013

  Mr. Durbin introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To provide for the safe and reliable navigation of the Mississippi 
                     River, 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 ``Mississippi River Navigation 
Sustainment Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Mississippi River is the largest, most famous river 
        in the United States and a vital natural resource;
            (2) the Mississippi River Basin is the third largest 
        watershed in the world, covering more than 1,000,000 square 
        miles and approximately 40 percent of the continental United 
        States;
            (3) the rivers, tributaries, and reservoirs that make up 
        the Mississippi River Basin operate naturally as a system and 
        any attempt to operate projects within the Mississippi River 
        Basin by mankind should take this fact into consideration;
            (4) the Mississippi River is the backbone of the inland 
        waterway system of the United States and a crucial artery for 
        the movement of goods;
            (5) each year millions of tons of commodities, including 
        grain, coal, petroleum, and chemicals, representing billions of 
        dollars are transported on the Mississippi River by barge;
            (6) the Mississippi River is home to some of the busiest 
        commercial ports in the United States, including the Port of 
        New Orleans and the Port of St. Louis;
            (7) safe and reliable navigation of the Mississippi River 
        is vital to the national economy;
            (8) extreme weather events pose challenges to navigation 
        and life along the Mississippi River and are likely to become 
        more severe and more frequent in the coming years, as evidenced 
        by the devastating floods along the Mississippi River in 2011 
        and the near historic low water levels seen on the same stretch 
        of the Mississippi River in the winter of 2012-2013;
            (9) the American Waterways Operators and the Waterways 
        Council, Incorporated have estimated that a disruption of 
        navigation on the Mississippi River due to low water levels 
        between December 2012 and January 2013 would have negatively 
        impacted 20,000 jobs and $7,000,000,000 in cargo;
            (10) the Regulating Works Program of the St. Louis District 
        of the Corps of Engineers is critical to maintaining navigation 
        on the middle Mississippi River during extreme weather events 
        and should receive continued Federal financial assistance and 
        support; and
            (11) the Federal Government, commercial users, and others 
        have a shared responsibility to take steps to maintain the 
        critical flow of goods on the Mississippi River during extreme 
        weather events.

SEC. 3. DEFINITIONS.

    (a) Extreme Weather.--The term ``extreme weather'' means--
            (1) severe flooding and drought conditions that lead to 
        above or below average water levels; or
            (2) other severe weather events that threaten personal 
        safety, property, and navigation on the inland waterways of the 
        United States.
    (b) Greater Mississippi River Basin.--The term ``greater 
Mississippi River Basin'' means the area covered by hydrologic units 5, 
6, 7, 8, 10, and 11, as identified by the United States Geological 
Survey as of the date of enactment of this Act.
    (c) Lower Mississippi River.--The term ``lower Mississippi River'' 
means the portion of the Mississippi River that begins at the 
confluence of the Ohio River and flows to the Gulf of Mexico.
    (d) Middle Mississippi River.--The term ``middle Mississippi 
River'' means the portion of the Mississippi River that begins at the 
confluence of the Missouri River and flows to the lower Mississippi 
River.
    (e) Secretary.--The term ``Secretary'' means the Secretary of the 
Army, acting through the Chief of Engineers.

SEC. 4. GREATER MISSISSIPPI RIVER BASIN EXTREME WEATHER MANAGEMENT 
              STUDY.

    (a) In General.--The Secretary shall carry out a study of the 
Mississippi River Basin--
            (1) to improve the coordinated and comprehensive management 
        of water resource projects in the greater Mississippi River 
        Basin relating to extreme weather conditions; and
            (2) to evaluate the feasibility of any modifications to 
        those water resource projects and develop new water resource 
        projects to improve the reliability of navigation and more 
        effectively reduce flood risk.
    (b) Contents.--The study shall--
            (1) identify any Federal actions necessary to prevent and 
        mitigate the impacts of extreme weather, including changes to 
        authorized channel dimensions, operational procedures of locks 
        and dams, and reservoir management within the Mississippi River 
        Basin;
            (2) evaluate the effect on navigation and flood risk 
        management to the Mississippi River of all upstream rivers and 
        tributaries, especially the confluence of the Illinois River, 
        Missouri River, and Ohio River;
            (3) identify and make recommendations to remedy challenges 
        to the Corps of Engineers presented by extreme weather, 
        including river access, in carrying out its mission to maintain 
        safe, reliable navigation; and
            (4) identify and locate natural or other potential 
        impediments to maintaining navigation on the middle and lower 
        Mississippi River during periods of low water, including 
        existing industrial pipeline crossings.
    (c) Consultation and Use of Existing Data.--In carrying out the 
study, the Secretary shall--
            (1) consult with appropriate committees of Congress, 
        Federal, State, tribal, and local agencies, environmental 
        interests, river navigation industry representatives, other 
        shipping and business interests, organized labor, and 
        nongovernmental organizations;
            (2) to the maximum extent practicable, use data in 
        existence on the date of enactment of this Act; and
            (3) incorporate lessons learned and best practices 
        developed as a result of past extreme weather events, including 
        major floods and the successful effort to maintain navigation 
        during the near historic low water levels on the Mississippi 
        River during the winter of 2012-2013.
    (d) Cost-Sharing.--The Federal share of the cost of carrying out 
the study under this section shall be 100 percent.
    (e) Report.--Not later than 3 years after the date of enactment of 
this Act, the Secretary shall submit to Congress a report on the study 
carried out under this section.

SEC. 5. MISSISSIPPI RIVER FORECASTING IMPROVEMENTS.

    (a) In General.--The Secretary, in consultation with the Secretary 
of the department in which the Coast Guard is operating, the Director 
of the United States Geological Survey, the Administrator of the 
National Oceanic and Atmospheric Administration, and the Director of 
the National Weather Service, as applicable, shall improve forecasting 
on the Mississippi River by--
            (1) updating forecasting technology deployed on the 
        Mississippi River and its tributaries through--
                    (A) the construction of additional automated river 
                gages;
                    (B) the rehabilitation of existing automated and 
                manual river gages; and
                    (C) the replacement of manual river gages with 
                automated gages, as the Secretary determines to be 
                necessary;
            (2) constructing additional sedimentation ranges on the 
        Mississippi River and its tributaries; and
            (3) deploying additional automatic identification system 
        base stations at river gage sites.
    (b) Prioritization.--In carrying out this section, the Secretary 
shall prioritize the sections of the Mississippi River on which 
additional and more reliable information would have the greatest impact 
on maintaining navigation on the Mississippi River.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to Congress a report on the 
activities carried out by the Secretary under this section.

SEC. 6. CORPS OF ENGINEERS FLEXIBILITY IN MAINTAINING NAVIGATION.

    (a) In General.--If the Secretary determines it to be critical to 
maintaining safe and reliable navigation, the Secretary--
            (1) in consultation with the department in which the Coast 
        Guard is operating, may construct ingress and egress paths to 
        docks, loading facilities, fleeting areas, and other critical 
        locations outside of the authorized navigation channel on the 
        Mississippi River; and
            (2) operate and maintain, through dredging and construction 
        of river training structures, ingress and egress paths to 
        loading docks and fleeting areas outside of the authorized 
        navigation channel on the Mississippi River.
    (b) Mitigation.--The Secretary may mitigate through dredging any 
incidental impacts to loading or fleeting areas outside of the 
authorized navigation channel on the Mississippi River that result from 
operation and maintenance of the authorized channel.

SEC. 7. MIDDLE MISSISSIPPI RIVER ENVIRONMENTAL PILOT PROGRAM.

    (a) In General.--In accordance with the project for navigation, 
Mississippi River between the Ohio and Missouri Rivers (Regulating 
Works), Missouri and Illinois, authorized by the Act of June 25, 1910 
(36 Stat. 631, chapter 382) (commonly known as the ``River and Harbor 
Act of 1910''), the Act of January 1, 1927 (44 Stat. 1010, chapter 47) 
(commonly known as the ``River and Harbor Act of 1927''), and the Act 
of July 3, 1930 (46 Stat. 918, chapter 847), the Secretary shall carry 
out for a period of not less than 10 years, a pilot program to restore 
and protect fish and wildlife habitat in the middle Mississippi River.
    (b) Authorized Activities.--
            (1) In general.--As part of the pilot program carried out 
        under subsection (a), the Secretary shall conduct any 
        activities that are necessary to improve navigation through the 
        project while restoring and protecting fish and wildlife 
        habitat in the middle Mississippi River.
            (2) Inclusions.--Activities authorized under paragraph (1) 
        shall include--
                    (A) the modification of navigation training 
                structures;
                    (B) the modification and creation of side channels;
                    (C) the modification and creation of islands;
                    (D) any studies and analyses necessary to develop 
                adaptive management principles; and
                    (E) the acquisition from willing sellers of any 
                land associated with a riparian corridor needed to 
                carry out the goals of the pilot program.
    (c) Cost-Sharing Requirement.--The cost-sharing requirements under 
the provisions of law described in subsection (a) for the project 
described in that subsection shall apply to any activities carried out 
under this section.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act such 
sums as are necessary.
                                 <all>