[Congressional Record Volume 149, Number 99 (Tuesday, July 8, 2003)]
[Senate]
[Pages S9057-S9058]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DORGAN:
  S. 1378. A bill to transfer to the Secretary of the Interior 
authority to revise the Missouri River Master Water Control Manual; to 
the Committee on Environment and Public Works.
  Mr. DORGAN. Mr. President, thirteen years ago the Corps of Engineers 
was given 6 months to revise the Missouri River Master Manual. The 
Master Manual provides a framework for managing the flows on the 
Missouri River.
  But here we are, thirteen years later, and nothing has happened. So 
today I am introducing legislation to take management away from the 
Corps of Engineers and give it to the Bureau of Reclamation.
  In my judgment, the Corps has failed miserably in its efforts to 
revise the Master Manual. In the interim, the Corps has managed the 
River in a way that benefits the downstream States at the expense of 
the upstream States, despite the fact that the upstream States generate 
ten times more economic activity from recreational use than the 
downstream states generate from barge traffic.
  And this mismanagement has cost North Dakota a lot. Enough is enough. 
It's time to take this responsibility away from the Corps and give it 
to the Bureau of Reclamation. The Bureau manages other rivers, like the 
Colorado River, so let's give them a chance to manage the Missouri and 
to revise the Master Manual. Perhaps this will give the upstream States 
a chance to be treated fairly for a change.
  I have written a letter to the head of the Corps of Engineers, 
General Robert Flowers, expressing my concern about this issue and I 
ask unanimous consent that this letter be printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:


                                                  U.S. Senate,

                                     Washington, DC, July 1, 2003.
     LTG Robert B. Flowers,
     Chief of Engineers, U.S. Army Corps of Engineers, Washington, 
         DC.
       Dear General Flowers: More than a decade ago, the Corps of 
     Engineers was tasked with revising the Missouri River Master 
     Manual, which governs the management of the Missouri River. 
     As you well know, I have been very frustrated with the long 
     history of missed deadlines and continual delays. It 
     certainly appears that the Corps has no intention of moving 
     forward with a new Master Manual any time in the near future. 
     In addition, as I have learned more about the unfairness of 
     the current management plan, I am concerned that the Corps is 
     either unwilling or unable to implement equitable management 
     of the River.
       Lake Sakakawea in North Dakota has suffered lake level 
     decreases of over 16 feet. This has had a devastating effect 
     on the recreational uses of the lake. It is unacceptable for 
     the Corps to continue to shortchange the upstream states by 
     sending water downstream for a barge industry that generates 
     less than a tenth of the economic activity as the upstream 
     recreational interests. Fort Peck in Montana has seen lake 
     level declines of 21.2 feet and Lake Oahe in South Dakota has 
     suffered lake level reductions of more than 22 feet.
       And the downstream lakes? These lakes have seen virtually 
     no change in their lake levels. Harry S. Truman Lake in 
     Missouri has lost less than half a foot of elevation. Lake 
     Rathbun in Iowa is down just 2.4 feet.
       This is truly a case of double jeopardy for the upstream 
     states. The water from their lakes gets drained off for a 
     nearly non-existent barge industry at a time when the 
     downstream states are not asked to make any contributions 
     from their own lakes. The table below shows the inequity of 
     this situation.

                            DOWNSTREAM LAKES
------------------------------------------------------------------------
                                                               Change in
                            Lake                               elevation
                                                                (feet)
------------------------------------------------------------------------
Harry S Truman Lake (MO)....................................        -0.4
Stockton Lake (MO)..........................................        -4.8
Pomme De Terre (MO).........................................        -1.9
Lake Rathbun (IA)...........................................        -2.4
------------------------------------------------------------------------


                             UPSTREAM LAKES
------------------------------------------------------------------------
                                                               Change in
                            Lake                               elevation
                                                                (feet)
------------------------------------------------------------------------
Fort Peck (MT)..............................................       -21.2
Lake Sakakawea (ND).........................................       -16.2
Lake Oahe (SD)..............................................       -22.1
------------------------------------------------------------------------

       The Corps has developed a deplorable track record of 
     managing the Missouri River to the detriment of the upstream 
     states and the millions of people who live in that region. 
     This is just the latest in the Corps' string of poor 
     decisions.
       It is clear the Corps is simply incapable to managing the 
     Missouri River in a fair and equitable fashion.
       For this reason, I plan to introduce legislation when the 
     Congress returns from its July work period, that would 
     transfer authority for the revision of the Master Manual and 
     the responsibility for the management of the dams along the 
     Missouri River, to the Bureau of Reclamation. The Corps has 
     failed in its mission to manage the River in an effective way 
     and has neglected to revise the Master Manual despite 13 
     years of work on the project. My patience has run out, and I 
     believe it is time to make a dramatic change in the 
     stewardship of and the responsibility

[[Page S9058]]

     for the River so that the upstream states can have some hope 
     of fairness and equity.
           Sincerely,
                                                  Byron L. Dorgan,
                                                     U.S. Senator.

  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. 1378

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. MISSOURI RIVER MASTER WATER CONTROL MANUAL.

       (a) Findings.--Congress finds that--
       (1) the original study for the revision of the operating 
     plan under the Missouri River Master Water Control Manual was 
     begun in November 1989 and was scheduled to be completed 6 
     months later;
       (2) the Corps of Engineers has missed that deadline by more 
     than 13 years and has consistently missed every other 
     deadline set in the interim;
       (3) the Corps of Engineers is unable or unwilling to move 
     the process forward to revise the Manual, despite legal 
     requirements, direction from Congress, scientific evidence, 
     and various lawsuits from affected parties;
       (4) in report number RCED-92-4 in January 1992, the 
     Comptroller General of the United States concluded that there 
     is no statutory or regulatory basis for any contention by the 
     Corps of Engineers that the Corps is bound to give higher 
     priority to navigation interests than to recreation interests 
     affected by the operation of dams on the Missouri River;
       (5) the Missouri River yields more than 10 times the 
     economic benefit for recreation and tourism in upstream 
     States than it does for shipping interests in the downstream 
     States; and
       (6) it appears that the Corps of Engineers is unable to 
     provide the leadership necessary to finalize revisions to the 
     Manual.
       (b) Definitions.--In this section:
       (1) Secretary of the army.--The term ``Secretary of the 
     Army'' means the Secretary of the Army, acting through the 
     Chief of Engineers.
       (2) Secretary of the interior.--The term ``Secretary of the 
     Interior'' means the Secretary of the Interior, acting 
     through the Commissioner of Reclamation.
       (3) Manual.--The term ``Manual'' means the Missouri River 
     Master Water Control Manual.
       (c) Transfer of Authority.--There is transferred from the 
     Secretary of the Army to the Secretary of the Interior all 
     authority of the Secretary of the Army to--
       (1) revise the Manual; and
       (2) operate the dams the operation of which is governed by 
     the Manual.
       (d) Completion of Current Revision.--The Secretary of the 
     Interior shall, to the maximum extent practicable, complete 
     the revision of the Manual begun by the Secretary of the Army 
     before the date of enactment of this Act not later than the 
     date set for completion by the Secretary of the Army.
       (e) Management of Water Resource Projects.--After the 
     Secretary of the Interior revises the Manual, the Secretary 
     of the Interior shall manage water resource projects formerly 
     operated by the Corps of Engineers in accordance with the 
     revised Manual.

                     AMENDMENTS SUBMITTED & PROPOSED

       SA 1135. Mr. LAUTENBERG submitted an amendment intended to 
     be proposed by him to the bill S. 925, to authorize 
     appropriations for the Department of State and international 
     broadcasting activities for fiscal year 2004 and for the 
     Peace Corps for fiscal years 2004 through 2007, and for other 
     purposes; which was ordered to lie on the table.

                          ____________________