[Congressional Record Volume 149, Number 35 (Wednesday, March 5, 2003)]
[Senate]
[Pages S3186-S3187]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DORGAN (for himself and Mr. Johnson):
  S. 531. 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. DORGAN. Mr. President, I am pleased my colleague from South 
Dakota, Senator Tim Johnson, is joining me today in introducing this 
Missouri River Enhancement and Monitoring Act of 2003, and I 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, so that we can monitor 
changes in the health of the river and in species recovery in future 
years, as river operations change.
  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, 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 Missouri 
River Natural Resources Committee; the Missouri River Basin 
Association; the South Dakota Department of Game, Fish and Parks; 
American Rivers; and Environmental Defense.
  I am confident 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 participating in hearings on 
this bill and hope we will be able to pass it into law in the near 
future.
  I ask unanimous consent that this bill be inserted in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 531

       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 2003''.

     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

[[Page S3187]]

       (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 2004.
       (B) 40 percent for fiscal year 2005.
       (C) 50 percent for each of fiscal years 2006 through 2018.
       (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 2004.
       (B) 60 percent for fiscal year 2005.
       (C) 50 percent for each of fiscal years 2006 through 2018.
       (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
       (ii) 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 2004;
       (B) $8,500,000 for fiscal year 2005; and
       (C) $15,100,000 for each of fiscal years 2006 through 2018; 
     and
       (2) to carry out section 4, $150,000 for fiscal year 2004.
                                 ______