[Congressional Record Volume 148, Number 108 (Thursday, August 1, 2002)]
[Senate]
[Pages S7915-S7917]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. JOHNSON (for himself and Mr. Dorgan):
  S. 2853. 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; to the Committee on Environment and Public Works.
  Mr. JOHNSON. Mr. President, today, I am pleased to join Senator Byron 
dorgan in introducing legislation that will establish a world-class, 
science-based long-term monitoring program for the Missouri River. As 
America's longest river, fed by the headwaters of thousand, year-old 
glaciers, the Missouri is intertwined into the fabric of the American 
experience. Fed by dozens of tributaries crisscrossing Montana, North 
and South Dakota, Nebraska, Missouri, and Kansas, the Missouri River 
supports hundreds of river species and provides crucial wildlife 
habitat for migratory birds and other animals. The Missouri River also 
sustains trophy walleye fishing on South Dakota's main stem reservoirs 
and is the hub for the cultural and economic development of several 
communities and Indian Tribes.
  The Missouri River faces challenges on several fronts: The 
manipulation of its water levels by the Corps of Engineers, the 
continued development of river shoreline, and the invasion of nonnative 
fish and plants. The Missouri River Enhancement and Monitoring Act of 
2002 creates a comprehensive monitoring program to investigate and 
examine how the multiple uses of the Missouri are impacting water 
quality and the sustainability of fish and wildlife.
  The legislation authorizes the establishment of a federal research 
program through the Biological Resources Division of the USGS, the 
Department of the Interior's research engine. The strength of the bill, 
however, stems from the participation of the states, Indian Tribes, and 
academic institutions all who have a stake in the health of the River. 
To that end, the legislation authorizes the establishment of monitoring 
field stations throughout the Missouri River basin. The bill also 
includes a competitive funding process to contract with Indian Tribes 
and basin States for the recovery of threatened species and specific 
habitat restoration projects. These focused investigations will 
encourage States and Indian Tribes to study the impact of water flows 
on fish populations at main stem reservoirs.
  Earlier this year, water releases from South Dakota reservoirs 
damaged the spring fish spawn and the ecology of the Missouri River. 
This bill authorizes funds for State agencies with jurisdiction over 
fish and wildlife habitat to initiate projects that will be able to 
tell us how low water levels at South Dakota reservoirs impact fish 
populations and recreational opportunities.
  I ask unanimous consent that a letter from the South Dakota 
Department of Game, Fish, and Parks in support of the Missouri River 
Monitoring Act of 2002 be printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                               Department of Game,


                                               Fish and Parks,

                                        Pierre, SD, July 23, 2002.
     Senator Tim Johnson,
     Hart Senate Office,
     Washington, DC.
       Dear Senator Johnson: I would like to express my 
     appreciation for all of your efforts on behalf of Missouri 
     River fish and wildlife resources, especially the 
     introduction of the ``Missouri River Monitoring Act of 
     2002.'' The framework for this legislation. ``The Missouri 
     River Environmental Assessment Program (MOREAP), was 
     developed by the Missouri River Natural Resources Committee 
     (MRNRC) during 1996 and 1997 in partnership with the 
     Biological Resources Division of the United States Geological 
     Survey (USGS) and 79 Missouri River scientists and fish and 
     wildlife managers. The MRNRC was established in 1987 by my 
     agency and other main stem state fish and wildlife agencies 
     with statutory responsibilities for management and 
     stewardship of river fish and wildlife resources held in 
     trust for the public. We are accountable to the public for 
     management of those resources.
       My staff and I have reviewed the proposed legislation and I 
     want you to know that we support your bill. The Missouri 
     River lacks a basin wide biological monitoring program and 
     environmental assessment is desperately needed. The need for 
     collecting comprehensive, long-term natural resource data to 
     understand the effects of future river management decisions 
     cannot be over-stated. This program will generate a system-
     wide database on Missouri River water quality, habitat, and 
     biota that will provide the scientific foundation for 
     management decisions.
       The Missouri River is 2,341 miles long and drains one-sixth 
     of the United States. It is one of the most important 
     resources in our country. Harnessing the river's flow and 
     constricting its channel has altered and reduced native fish 
     and wildlife habitat. Recovering declining fish and wildlife 
     resources in this extremely large, diverse and complex river 
     environment, while maintaining the important economic 
     benefits the river and reservoir system provides, will 
     require sound and ongoing scientific data.
       The time has come to make management changes on the 
     Missouri River and those changes should be based on a 
     thorough understanding of how those changes affect the 
     river's environment. Scientific data will help us understand 
     the complex relationships between river management and fish 
     and wildlife habitat recovery.
       I thank you once again for your help. This legislation has 
     the strong support of the South Dakota Department Game Fish 
     and Parks.
           Sincerely,
                                                   John L. Cooper,
                                             Department Secretary.

  The time for a monitoring program for the Missouri River has arrived. 
With the Corps of Engineers poised to revise the Missouri River Master 
Water Control Manual, a monitoring program will establish a baseline 
for judging the impact of new water flows. Years of scientific analysis 
and research from the U.S. Fish and Wildlife Service point toward Corps 
management of the river as the reason for diminished riparian habitat 
and a laundry list of threatened fish and bird species. Scientific 
monitoring must be part of a new Master Manual to examine how the new 
water flows impact fish and wildlife populations. The Corps has spent 
nearly 13 years and millions of dollars to find a consensus and 
implement a new, more balanced Master Manual. The Missouri River 
Enhancement and Monitoring Act of 2002 establishes a comprehensive 
database to analyze and examine how fish and wildlife respond to a new 
management plan. A long-term monitoring program will ensure that future 
decisions over the Missouri River are based on sound science and not 
politics.
  As we approach the 200 year anniversary of Lewis and Clark's journey 
up the Missouri River, I call on Congress to pass the Missouri River 
Enhancement and Monitoring Act of 2002 to ensure the health and 
vitality of the River for the enjoyment of future generations.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2853

       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;

[[Page S7916]]

       (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.
  Mr. DORGAN. Mr. President, I am pleased to join my colleague from 
South Dakota Senator Tim Johnson today in introducing this Missouri 
River Enhancement and Monitoring Act of 2002 and thank him for his 
efforts in working with me on this legislation. This bill will 
establish a program to conduct research on, and monitor the health of, 
the Missouri River to help recover threatened and endangered species, 
such as the pallid sturgeon and piping plover.
  This bill will enable those who are active in the Missouri River 
Basin to collect and analyze baseline data, as river operations change, 
so that we can monitor changes in the health of the river and in 
species recovery in future years.
  The program would also provide an analysis of the social and economic 
impacts along the river. And, it would establish a stakeholder group to 
make recommendations on the recovery of the Missouri River ecosystem.
  The bill establishes a cooperative working arrangement between state, 
regional federal, and tribal entities that are active in the Missouri 
River Basin. I look forward to working with all of the stakeholders in 
the Basin to implement this important legislation.
  I am especially pleased that this legislation is supported by a broad 
range of stakeholders, including the North Dakota State Water 
Commission, the North Dakota Game and Fish Department, the North Dakota 
Chapter of the Sierra Club, the Three Affiliated

[[Page S7917]]

Tribes, the Missouri River Natural Resources Committee, The Missouri 
River Basin Association, the South Dakota Game and Fish Department, 
American Rivers, and Environmental Defense.
  I am confident that this legislation will enjoy bipartisan support, 
because of its significance in helping to monitor and restore the 
health of this historic River. Lewis and Clark traveled on this River. 
This River also contributes to $80 million in recreation, fishing, and 
tourism benefits in the Basin. I look forward to holding hearings on 
this bill and hope that we will be able to pass it into law in the near 
future.
                                 ______