II

104TH CONGRESS

1ST SESSION S. 525

To ensure equity in, and increased recreation and maximum economic benefits

from, the control of the water in the Missouri River system, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 9 (legislative day, MARCH 6), 1995

Mr. BAUCUS (for himself, Mr. DASCHLE, Mr. DORGAN, and Mr. PRESSLER)

introduced the following bill; which was read twice and referred to the

Committee on Environment and Public Works

A BILL

To ensure equity in, and increased recreation and maximum

economic benefits from, the control of the water in the

Missouri River system, and for other purposes.

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 Water

5 Control Equity Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—
2

•S 525 IS

1 (1) gross revenues from recreation on the Mis2 souri River system are estimated by the Army Corps

3 of Engineers to be $77,000,000 annually;

4 (2) gross revenues from navigation on the Mis5 souri River system are estimated by the Army Corps

6 of Engineers to be $15,000,000 annually;

7 (3) barge traffic produces only 1 percent of the

8 annual net revenue that derives from the operation

9 of the Missouri River system;

10 (4) the Army Corps of Engineers requires

11 18,000,000 acre-feet of water to remain in the res12 ervoirs of the Missouri River system;

13 (5) maximum economic benefits for the Mis14 souri River system are estimated by the Army Corps

15 of Engineers to be achieved if 44,000,000 acre-feet

16 of water are maintained in the reservoirs of the Mis17 souri River system;

18 (6) the recreation industry along the Missouri

19 River has been stifled by drawdowns of the res20 ervoirs of the Missouri River system during drought

21 periods;

22 (7) barge traffic on the Missouri River has

23 steadily decreased since 1977 so that currently the

24 quantity of cargo shipped on the Missouri River is

25 only 1,400,000 tons annually;
3

•S 525 IS

1 (8) the States of Missouri, Iowa, Kansas, and

2 Nebraska receive 68 percent of the total economic

3 benefits of the Missouri River system; and

4 (9) the States of Montana, North Dakota,

5 South Dakota, and Wyoming receive only 32 percent

6 of the total economic benefits of the Missouri River

7 system.

8 SEC. 3. PURPOSES.

9 The purposes of this Act are—

10 (1) to ensure that the States of Montana,

11 North Dakota, South Dakota, and Wyoming receive

12 an equitable portion of the economic benefits from

13 the operation of the Missouri River system;

14 (2) to encourage the development of the recre15 ation industry along the Missouri River;

16 (3) to maximize the economic benefits to the

17 United States of the operation of the Missouri River

18 system; and

19 (4) to phase out navigation, which is the least

20 productive use of the Missouri River system, in

21 order to increase the productivity of other competing

22 uses of the system such as hydropower and flood

23 protection.
4

•S 525 IS

1 SEC. 4. MINIMUM POOL LEVELS.

2 (a) MISSOURI RIVER SYSTEM.—The Secretary of the

3 Army, acting through the Assistant Secretary of the Army

4 having responsibility for civil works (referred to in this Act

5 as the ‘‘Secretary’’), shall not permit the permanent pool

6 levels in the Missouri River system to fall below

7 44,000,000 acre-feet at any time unless the Secretary

8 makes a finding that a lower level is required to provide

9 necessary—

10 (1) emergency flood control to protect human

11 life and property;

12 (2) hydropower; or

13 (3) water supply.

14 (b) FORT PECK LAKE.—The Secretary shall not per15 mit the permanent pool level in Fort Peck Lake to fall

16 below 12,000,000 acre-feet (which is equivalent to an ele17 vation of 2,220 feet) at any time unless the Secretary

18 makes a finding that a lower level is required to provide

19 necessary—

20 (1) emergency flood control to protect human

21 life and property;

22 (2) hydropower; or

23 (3) water supply.

24 SEC. 5. NAVIGATION DEAUTHORIZED.

25 (a) TRANSITION PROVISION.—The Secretary shall

26 decrease the length of the first navigation season that be-
5

•S 525 IS

1 gins after the date of enactment of this Act, and each

2 navigation season thereafter, by 30 days from the length

3 of the previous navigation season, until such time as the

4 navigation season for the Missouri River is eliminated.

5 (b) PROHIBITION.—Beginning on the day after the

6 end of the last navigation season under subsection (a), the

7 Secretary may not authorize a program, project, or activ8 ity that involves navigation on the Missouri River.

9 SEC. 6. MITIGATION OF EROSION.

10 (a) IN GENERAL.—Not later than January 1, 1997,

11 the Secretary shall develop and implement a plan to miti12 gate streambank and reservoir erosion caused by the oper13 ation of the Missouri River system.

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There

15 are authorized to be appropriated to carry out the plan

16 developed under subsection (a) $20,000,000 for each fiscal

17 year.

Æ