II

106TH CONGRESS

1ST SESSION S. 1279

To improve the environmental quality and public use and appreciation of

the Missouri River and to provide additional authority to the Army

Corps of Engineers to protect, enhance, and restore fish and wildlife

habitat on the Missouri River.

IN THE SENATE OF THE UNITED STATES

JUNE 24, 1999

Mr. KERREY (for himself, Mr. DASCHLE, and Mr. JOHNSON) introduced the

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

A BILL

To improve the environmental quality and public use and

appreciation of the Missouri River and to provide additional authority to the Army Corps of Engineers to protect, enhance, and restore fish and wildlife habitat on

the Missouri River.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Missouri River Valley

5 Improvement Act of 1999’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—
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1 (1) Lewis and Clark were pioneering naturalists

2 that recorded dozens of species previously unknown

3 to science while ascending the Missouri River in

4 1804;

5 (2) the Missouri River, which is 2,321 miles

long, drains 1 6 ⁄6 of the United States, is home to ap7 proximately 10,000,000 people in 10 States and 28

8 Native American tribes, and is a resource of incalcu9 lable value to the United States;

10 (3) the construction of dams, levees, and river

11 training structures in the past 150 years has aided

12 navigation, flood control, and water supply along the

13 Missouri River, but has reduced habitat for native

14 river fish and wildlife and opportunities for river15 based recreation;

16 (4) river organizations, including the Missouri

17 River Basin Association, support habitat restoration,

18 riverfront revitalization, and improved operational

19 flexibility so long as these efforts do not significantly

20 interfere with uses of the Missouri River; and

21 (5) restoring a string of natural places by the

22 year 2004 would aid native river fish and wildlife,

23 reduce flood losses, enhance recreation and tourism,

24 and celebrate the bicentennial of Lewis and Clark’s

25 voyage.
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1 (b) PURPOSES.—The purposes of this Act are to—

2 (1) protect, restore, and enhance the fish, wild3 life, and plants, and the associated habitats on

4 which they depend, of the Missouri River;

5 (2) restore a string of natural places that aid

6 native river fish and wildlife, reduce flood losses, and

7 enhance recreation and tourism;

8 (3) revitalize historic riverfronts to improve

9 quality of life in riverside communities and attract

10 recreation and tourism;

11 (4) monitor the health of the Missouri River

12 and measure biological, chemical, and physical re13 sponses to changes in River management;

14 (5) allow the Army Corps of Engineers in15 creased authority to restore and protect fish and

16 wildlife habitat on the Missouri River;

17 (6) protect and replenish cottonwoods, and their

18 associated riparian woodland communities, along the

19 upper Missouri River; and

20 (7) educate the public about the economic, envi21 ronmental, and cultural importance of the Missouri

22 River and the scientific and cultural discoveries of

23 Lewis and Clark.
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1 SEC. 3. DEFINITION OF MISSOURI RIVER.

2 In this Act, the term ‘‘Missouri River’’ means the

3 Missouri River and the adjacent floodplain that extends

4 from the mouth of the Missouri River (RM 0) to the con5 fluence of the Jefferson, Madison, and Gallatin Rivers

6 (RM 2341) in Montana.

7 SEC. 4. AUTHORITY TO PROTECT, ENHANCE, AND RESTORE

8 FISH AND WILDLIFE HABITAT.

9 Section 9(b) of the Act entitled ‘‘An Act authorizing

10 the construction of certain public works on rivers and har11 bors for flood control, and for other purposes’’, approved

12 December 22, 1944 (commonly known as the ‘‘Flood Con13 trol Act of 1944’’) (58 Stat. 891), is amended—

14 (1) by striking ‘‘(b) The general’’ and inserting

15 the following:

16 ‘‘(b) COMPREHENSIVE PLAN.—

17 ‘‘(1) IN GENERAL.—The general’’;

18 (2) by striking ‘‘paragraph’’ and inserting ‘‘sub19 section’’; and

20 (3) by adding at the end the following:

21 ‘‘(2) FISH AND WILDLIFE HABITAT.—In addi22 tion to carrying out the duties under the comprehen23 sive plan described in paragraph (1), the Chief of

24 Engineers shall, to the maximum extent practicable,

25 protect, enhance, and restore fish and wildlife habi26 tat on the Missouri River.’’.
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1 SEC. 5. ACQUISITION OF LAND FOR THE NATIONAL WILD2 LIFE REFUGE SYSTEM.

3 (a) IN GENERAL.—The Secretary of the Interior shall

4 conduct a study of the Missouri River to examine needs

5 and opportunities for acquisition of land and water sur6 rounding the Missouri River as part of the National Wild7 life Refuge System.

8 (b) NEW REFUGE LAND.—Any planning or acquisi9 tion of new refuge land resulting from the study under

10 subsection (a) shall be—

11 (1) conducted using existing acquisition au12 thorities and procedures; and

13 (2) purchased from willing sellers only.

14 SEC. 6. MISSOURI RIVER MITIGATION PROJECT.

15 The matter under the heading ‘‘MISSOURI RIVER

16 MITIGATION, MISSOURI, KANSAS, IOWA, AND NEBRASKA’’

17 of section 601(a) of the Water Resources Development Act

18 of 1986 (100 Stat. 4143) is amended by adding at the

19 end the following:

20 ‘‘Not later than 180 days after the date of enactment

21 of this paragraph, the Secretary of the Army, in consulta22 tion with the United States Fish and Wildlife Service and

23 State fish and wildlife agencies, shall submit a report to

24 Congress outlining the feasibility and costs of acquiring

25 and restoring up to 25 percent of lost habitat, comprising

26 approximately 118,650 acres, in the Missouri River flood-
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1 plain in the States of Nebraska, Iowa, Kansas, and Mis2 souri.’’.

3 SEC. 7. UPPER MISSOURI RIVER AQUATIC AND RIPARIAN

4 HABITAT MITIGATION PROGRAM.

5 (a) IN GENERAL.—

6 (1) STUDY.—Not later than 2 years after the

7 date of enactment of this Act, the Secretary of the

8 Army, through an interagency agreement with the

9 Director of the United States Fish and Wildlife

10 Service and in accordance with the Fish and Wildlife

11 Conservation Act of 1980 (16 U.S.C. 2901 et seq.),

12 shall complete a study that—

13 (A) analyzes any adverse effects on aquatic

14 and riparian-dependent fish and wildlife result15 ing from the operation of the Missouri River

16 Mainstem Reservoir Project in the States of

17 Nebraska, South Dakota, North Dakota, and

18 Montana; and

19 (B) recommends measures appropriate to

20 mitigate the adverse effects described in sub21 paragraph (A).

22 (2) REPORT.—Not later than 2 years after the

23 date of enactment of this Act, the Secretary of the

24 Army shall submit to Congress a report describing

25 the results of the study under paragraph (1).
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1 (b) PILOT PROGRAM.—The Secretary of the Army,

2 in consultation with the Director of the United States Fish

3 and Wildlife Service and the affected State fish and wild4 life agencies, shall develop and administer a pilot mitiga5 tion program that—

6 (1) involves the experimental releases of warm

7 water from the spillways at Fort Peck Dam during

8 the appropriate spawning periods for native fish;

9 (2) involves the monitoring of the response of

10 fish to and the effectiveness of the preservation of

11 native fish and wildlife habitat of the releases de12 scribed in paragraph (1); and

13 (3) shall not adversely impact a use of the res14 ervoir existing on the date the pilot program is im15 plemented.

16 (c) RESERVOIR FISH LOSS STUDY.—

17 (1) IN GENERAL.—Not later than 2 years after

18 the date of enactment of this Act, the Secretary of

19 the Army, in consultation with the North Dakota

20 Game and Fish Department and the South Dakota

21 Department of Game, Fish and Parks, shall com22 plete a study to analyze and recommend measures to

23 avoid or reduce the loss of fish, including rainbow

24 smelt, through Garrison Dam in North Dakota and

25 Oahe Dam in South Dakota.
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1 (2) REPORT.—Not later than 2 years after the

2 date of enactment of this Act, the Secretary of the

3 Army shall submit to Congress a report describing

4 the results of the study under paragraph (1).

5 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

6 authorized to be appropriated to the Secretary of the

7 Army—

8 (1) to complete the study required under sub9 section (c), $200,000; and

10 (2) to carry out the other provisions of this sec11 tion, $1,000,000 for each of fiscal years 2000

12 through 2010.

13 SEC. 8. MISSOURI RIVER CHANNEL ENHANCEMENT PRO14 GRAM.

15 (a) IN GENERAL.—The Secretary of the Army, acting

16 through the Chief of Engineers and in consultation with

17 the Director of the United States Fish and Wildlife Serv18 ice, shall, in the course of ongoing operations and mainte19 nance of the Missouri River bank stabilization and naviga20 tion project, modify and improve navigation training and

21 bank stabilization structures to protect, enhance, and re22 store native river fish and wildlife habitat and support eco23 system restoration.

24 (b) NAVIGATION, FLOOD CONTROL, AND WATER

25 SUPPLY.—As part of the project, the Secretary of the
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1 Army shall modify navigation training and bank stabiliza2 tion structures on publicly owned property where the

3 modifications would benefit native fish and wildlife and

4 ecosystem restoration.

5 (c) OPERATION AND MAINTENANCE.—The operation

6 and maintenance of each activity under the project shall

7 be a Federal responsibility.

8 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

9 authorized to be appropriated to the Secretary of the

10 Army to carry out this section $5,000,000 for each of fis11 cal years 2000 through 2010.

12 SEC. 9. RIVERFRONT REVITALIZATION.

13 Section 11(b) of the Wild and Scenic Rivers Act (16

14 U.S.C. 1282) is amended—

15 (1) by redesignating paragraphs (3) and (4) as

16 paragraphs (4) and (5), respectively; and

17 (2) by inserting after paragraph (2) the fol18 lowing:

19 ‘‘(3) MISSOURI RIVER.—

20 ‘‘(A) IN GENERAL.—The Secretary of the

21 Interior, acting through the Director of the Riv22 ers and Trails Conservation Assistance Pro23 gram of the National Park Service, shall, if re24 quested, work with riverside communities to de-
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1 velop projects to revitalize historic riverfronts,

2 including the communities of—

3 ‘‘(i) Saint Charles, Missouri;

4 ‘‘(ii) Kansas City, Missouri/Kansas

5 City, Kansas;

6 ‘‘(iii) Saint Joseph, Missouri;

7 ‘‘(iv) Omaha, Nebraska;

8 ‘‘(v) Council Bluffs, Iowa;

9 ‘‘(vi) Sioux City, Iowa;

10 ‘‘(vii) Yankton, South Dakota;

11 ‘‘(viii) Pierre, South Dakota/Ft.

12 Pierre, South Dakota;

13 ‘‘(ix) Bismarck, North Dakota; and

14 ‘‘(x) Fort Peck, Montana.

15 ‘‘(B) FUNDING.—

16 ‘‘(i) AUTHORIZATION OF APPROPRIA17 TIONS.—There is authorized to be appro18 priated to the Secretary to carry out this

19 paragraph $15,000,000.

20 ‘‘(ii) LIMITATION ON SHARE OF

21 COSTS.—The Federal share of costs associ22 ated with any single project described in

23 this paragraph shall not exceed 25 percent

24 of the total cost of that project.
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1 ‘‘(iii) NO FUNDS FOR OPERATION OR

2 MAINTENANCE.—The Secretary shall pro3 vide no funds for the operation and main4 tenance of a project under this para5 graph.’’.

6 SEC. 10. COTTONWOOD PROTECTION STUDY.

7 (a) IN GENERAL.—The Secretary of the Interior, act8 ing through the Commissioner of the Bureau of Reclama9 tion and in consultation with the Secretary of the Army,

10 shall complete a study to evaluate opportunities to protect

11 and replenish cottonwoods in the associated riparian wood12 land communities along the Missouri River between Fort

13 Benton and Fort Peck Reservoir, Montana, in accordance

14 with the Water Resources Research Act of 1984 (42

15 U.S.C. 10301 et seq.).

16 (b) EVALUATION.—The study shall include an eval17 uation of—

18 (1) cottonwood reproduction;

19 (2) native fish and other river wildlife, including

20 competition from non-native species;

21 (3) flood losses;

22 (4) water supply needs;

23 (5) recreation; and

24 (6) main stem and tributary dam operations.
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1 (c) REPORT.—Not later than July 31, 2001, the Sec2 retary shall submit to Congress a report describing the

3 results of the study required under this section.

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

5 authorized to be appropriated to the Secretary to carry

6 out this section $5,000,000.

7 SEC. 11. LONG-TERM MONITORING PROGRAM.

8 (a) ESTABLISHMENT.—The Secretary of the Interior,

9 in consultation with the Director of the United States Ge10 ological Survey, shall establish a program at the River

11 Studies Center of the Biological Services Division of the

12 United States Geological Study, located in Columbia, Mis13 souri, to monitor the physical, biological, and chemical

14 characteristics of the Missouri River in accordance with

15 title I of the Department of the Interior and Related

16 Agencies Appropriations Act, 1997 (43 U.S.C. 31j).

17 (b) PROGRAM.—Not later than 2 years after the date

18 of enactment of this Act, the Secretary shall develop a pro19 gram to monitor and assess the biota, habitats, and water

20 quality of the Missouri River, in consultation with—

21 (1) the Governors of affected States, acting

22 through the Missouri River Natural Resources Com23 mittee and another representative of each Governor’s

24 designation;

25 (2) the Secretary of Agriculture;
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1 (3) the Secretary of the Army;

2 (4) the Secretary of Energy;

3 (5) the Administrator of the Environmental

4 Protection Agency; and

5 (6) the Missouri River Basin Tribes.

6 (c) ACTIVITIES.—The program under subsection (b)

7 shall provide scientific information to—

8 (1) guide operation and management of the

9 Missouri River, including operation of dams by the

10 Corps of Engineers and the Bureau of Reclamation;

11 and

12 (2) measure and model the impact of manage13 ment alternatives through—

14 (A) monitoring of biota, habitats, and

15 water quality;

16 (B) focused identification of cause and ef17 fect relationships; and

18 (C) valuation of methods to conserve fish

19 and wildlife.

20 (d) BASELINE.—The program under subsection (b)

21 shall establish a baseline of conditions against which fu22 ture activities can be measured.

23 (e) DATABASE.—The Secretary shall—

24 (1) establish a database on Missouri River

25 biota, habitats, and water quality; and
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1 (2) make the database readily available to the

2 public.

3 (f) REPORT.—Not later than 3 years after the date

4 of establishment of the program under subsection (b), and

5 not less frequently than every 3 years thereafter, the Sec6 retary, acting through the Director of the Biological Re7 sources Division of the United States Geological Survey,

8 shall—

9 (1) review the program;

10 (2) as necessary, establish and revise the objec11 tives of the program; and

12 (3) submit to Congress a report on the environ13 mental health of the Missouri River.

14 (g) AUTHORIZATION OF APPROPRIATIONS.—

15 (1) IN GENERAL.—There are authorized to be

16 appropriated to the Secretary of the Interior to

17 carry out this section—

18 (A) $5,000,000 for fiscal year 2000;

19 (B) $7,000,000 for fiscal year 2001; and

20 (C) $13,600,000 for each of fiscal years

21 2002 through 2014.

22 (2) NONREIMBURSABLE EXPENDITURE.—Of

23 the costs associated with the development and imple24 mentation of this program—
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1 (A) 90 percent shall be allocated to the

2 United States as a nonreimbursable expendi3 ture; and

4 (B) 10 percent shall be allocated equally

5 among the States of Iowa, Kansas, Missouri,

6 Nebraska, Montana, North Dakota, and South

7 Dakota.

8 (3) NON-FEDERAL SHARE.—The Secretary may

9 accept as part of the non-Federal cost share the con10 tribution of such in-kind services by participating

11 States as the Secretary determines will contribute

12 substantially toward the development and adminis13 tration of the program.

14 SEC. 12. INTERPRETATION AND RECREATION.

15 (a) INTERPRETATIVE CENTERS.—

16 (1) IN GENERAL.—The Secretary of the Inte17 rior, acting through the Director of the National

18 Park Service, shall establish Lewis and Clark Inter19 pretive Centers to educate the public about the eco20 nomic and environmental importance of the Missouri

21 River and the scientific and cultural discoveries of

22 Lewis and Clark in the vicinity of Missouri River

23 communities, including the communities of—

24 (A) Kansas City, Missouri;

25 (B) Nebraska City, Nebraska;
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1 (C) Sioux City, Iowa;

2 (D) Pierre, South Dakota/Ft. Pierre,

3 South Dakota;

4 (E) Bismarck, North Dakota; and

5 (F) Great Falls, Montana.

6 (2) SPENDING LIMIT.—

7 (A) IN GENERAL.—The Secretary’s share

8 of costs associated with any single project de9 scribed in this subsection shall not exceed 25

10 percent of the total cost of carrying out the

11 project.

12 (B) NO FUNDS FOR OPERATION AND MAIN13 TENANCE.—The Secretary shall not provide

14 funds for the operation and maintenance of the

15 project.

16 (3) AUTHORIZATION OF APPROPRIATIONS.—

17 There is authorized to be appropriated to the Sec18 retary of the Interior to carry out this subsection

19 $6,000,000 for each of fiscal years 2000 through

20 2006.

21 (b) RECREATION IMPROVEMENTS.—

22 (1) IN GENERAL.—The Secretary of the Army,

23 acting through the Chief of Engineers, shall provide

24 improvements to recreation facilities and visitor cen25 ters at the Missouri River main-stem projects to pro-
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1 vide for increased visitor use associated with the

2 Lewis and Clark commemoration.

3 (2) AUTHORIZATION OF APPROPRIATIONS.—

4 There is authorized to be appropriated to the Sec5 retary of the Army to carry out this subsection

6 $500,000 for each of fiscal years 2000 through

7 2003.

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