II

106TH CONGRESS

2D SESSION S. 2704

To provide additional authority to the Army Corps of Engineers to protect,

enhance, and restore fish and wildlife habitat on the Missouri River

and to improve the environmental quality and public use and appreciation

of the Missouri River.

IN THE SENATE OF THE UNITED STATES

JUNE 8, 2000

Mr. KERREY (for himself, Mr. BOND, Mr. DASCHLE, Mr. JOHNSON, Mr.

BROWNBACK, and Mr. ROBERTS) introduced the following bill; which was

read twice and referred to the Committee on Environment and Public

Works

A BILL

To provide additional authority to the Army Corps of Engineers to protect, enhance, and restore fish and wildlife

habitat on the Missouri River and to improve the environmental quality and public use and appreciation of

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’’.
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1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds that—

3 (1) Lewis and Clark were pioneering naturalists

4 that recorded dozens of species previously unknown

5 to science while ascending the Missouri River in

6 1804;

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

long, drains 1 8 ⁄6 of the United States, is home to ap9 proximately 10,000,000 people in 10 States and 28

10 Native American tribes, and is a resource of incalcu11 lable value to the United States;

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

13 training structures in the past 150 years has aided

14 navigation, flood control, and water supply along the

15 Missouri River, but has reduced habitat for native

16 river fish and wildlife;

17 (4) river organizations, including the Missouri

18 River Basin Association, support habitat restoration,

19 riverfront revitalization, and improved operational

20 flexibility so long as these efforts do not significantly

21 interfere with uses of the Missouri River; and

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

23 year 2004 would aid native river fish and wildlife,

24 reduce flood losses, enhance recreation and tourism,

25 and celebrate the bicentennial of Lewis and Clark’s

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

2 (1) to protect, restore, and enhance the fish,

3 wildlife, and plants, and the associated habitats on

4 which they depend, of the Missouri River;

5 (2) to 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) to revitalize historic riverfronts to improve

9 quality of life in riverside communities and attract

10 recreation and tourism;

11 (4) to monitor the health of the Missouri River

12 and measure biological, chemical, geological, and

13 hydrological responses to changes in Missouri River

14 management;

15 (5) to allow the Army Corps of Engineers in16 creased authority to restore and protect fish and

17 wildlife habitat on the Missouri River;

18 (6) to protect and replenish cottonwoods, and

19 their associated riparian woodland communities,

20 along the upper Missouri River; and

21 (7) to educate the public about the economic,

22 environmental, and cultural importance of the Mis23 souri River and the scientific and cultural discoveries

24 of Lewis and Clark.
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1 SEC. 3. DEFINITIONS.

2 In this Act:

3 (1) MISSOURI RIVER.—The term ‘‘Missouri

4 River’’ means the Missouri River and the adjacent

5 floodplain that extends from the mouth of the Mis6 souri River (RM 0) to the confluence of the Jeffer7 son, Madison, and Gallatin Rivers (RM 2341) in the

8 State of Montana.

9 (2) MISSOURI RIVER BASIN STATE.—The term

10 ‘‘Missouri River basin State’’ means the State of

11 Iowa, Kansas, Missouri, Montana, Nebraska, North

12 Dakota, or South Dakota.

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

14 FISH AND WILDLIFE HABITAT.

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

16 the construction of certain public works on rivers and har17 bors for flood control, and for other purposes’’, approved

18 December 22, 1944 (commonly known as the ‘‘Flood Con19 trol Act of 1944’’) (58 Stat. 891), is amended—

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

21 the following:

22 ‘‘(b) COMPREHENSIVE PLAN.—

23 ‘‘(1) IN GENERAL.—The general’’;

24 (2) by striking ‘‘paragraph’’ and inserting ‘‘sub25 section’’; and

26 (3) by adding at the end the following:
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1 ‘‘(2) FISH AND WILDLIFE HABITAT.—In addi2 tion to carrying out the duties under the comprehen3 sive plan described in paragraph (1), the Chief of

4 Engineers shall protect, enhance, and restore fish

5 and wildlife habitat on the Missouri River to the ex6 tent consistent with other authorized project pur7 poses.’’.

8 SEC. 5. INTEGRATION OF ACTIVITIES.

9 (a) IN GENERAL.—In carrying out this Act and in

10 accordance with subsection (b), the Secretary of the Army

11 shall provide for such activities as are necessary to protect

12 and enhance fish and wildlife habitat without adversely

13 affecting—

14 (1) the water-related needs of the Missouri

15 River basin, including flood control, navigation, hy16 dropower, water supply, and recreation; and

17 (2) private property rights.

18 (b) NEW AUTHORITY.—Nothing in this Act confers

19 any new regulatory authority on any Federal or non-Fed20 eral entity that carries out any activity under this Act.

21 SEC. 6. ACQUISITION OF LAND FOR THE NATIONAL WILD22 LIFE REFUGE SYSTEM.

23 (a) IN GENERAL.—Not later than 2 years after the

24 date of enactment of this Act, in each Missouri River basin

25 State for which the Governor consents to the study under
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1 subsection (b), the Secretary of the Interior shall conduct

2 a study of the Missouri River to examine the needs and

3 opportunities for acquisition of land surrounding the Mis4 souri River for inclusion in the National Wildlife Refuge

5 System.

6 (b) STATE PARTICIPATION.—

7 (1) IN GENERAL.—Not later than 90 days after

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

9 the Interior shall submit to the Governor of each

10 Missouri River basin State a written request that

11 the State participate in the study under subsection

12 (a).

13 (2) RESPONSE OF GOVERNOR.—As soon as

14 practicable after the date on which a Governor of a

15 Missouri River basin State receives a request under

16 paragraph (1), the Governor shall submit to the Sec17 retary of the Interior written consent for the State

18 to participate in the study under subsection (a) if

19 the Governor determines that the State should par20 ticipate in the study.

21 (c) NEW REFUGE LAND.—Any acquisition of new

22 land for inclusion in the National Wildlife Refuge System

23 resulting from the study under subsection (a) shall be—
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1 (1) conducted using acquisition authorities and

2 procedures in effect on the date of enactment of this

3 Act;

4 (2) from willing sellers only; and

5 (3) preceded by an evaluation of any impact of

6 the new land on other authorized project purposes of

7 the Missouri River main stem system as identified in

8 the Act entitled ‘‘An Act authorizing the construc9 tion of certain public works on rivers and harbors

10 for flood control, and for other purposes’’, approved

11 December 22, 1944 (commonly known as the ‘‘Flood

12 Control Act of 1944’’) (58 Stat. 891).

13 SEC. 7. MISSOURI RIVER MITIGATION PROJECT.

14 The matter under the heading ‘‘MISSOURI RIVER

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

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

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

18 end the following: ‘‘There is authorized to be appropriated

19 to carry out this paragraph $25,000,000 for each of fiscal

20 years 2001 through 2010.’’.

21 SEC. 8. UPPER MISSOURI RIVER AQUATIC AND RIPARIAN

22 HABITAT MITIGATION PROGRAM.

23 (a) IN GENERAL.—

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

25 date of enactment of this Act, the Secretary of the
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1 Army, through an interagency agreement with the

2 Director of the United States Fish and Wildlife

3 Service and in accordance with the Fish and Wildlife

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

5 shall complete a study that—

6 (A) analyzes any adverse effects on aquatic

7 and riparian-dependent fish and wildlife result8 ing from the operation of the Missouri River

9 Mainstem Reservoir Project in the States of

10 Nebraska, South Dakota, North Dakota, and

11 Montana;

12 (B) recommends measures appropriate to

13 mitigate the adverse effects described in sub14 paragraph (A); and

15 (C) develops baseline geologic and hydro16 logic data relating to aquatic and riparian habi17 tat.

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

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

20 Army shall submit to Congress a report describing

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

22 (b) PILOT PROGRAM.—The Secretary of the Army,

23 in consultation with the Director of the United States Fish

24 and Wildlife Service and the affected State fish and wild-
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1 life agencies, shall develop and administer a pilot mitiga2 tion program that—

3 (1) involves the experimental releases of warm

4 water from the spillways at Fort Peck Dam during

5 the appropriate spawning periods for native fish;

6 (2) involves the monitoring of the response of

7 fish to and the effectiveness of the preservation of

8 native fish and wildlife habitat of the releases de9 scribed in paragraph (1); and

10 (3) shall not adversely impact a use of the res11 ervoir existing on the date the pilot program is im12 plemented.

13 (c) RESERVOIR FISH LOSS STUDY.—

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

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

16 the Army, in consultation with the North Dakota

17 Game and Fish Department and the South Dakota

18 Department of Game, Fish and Parks, shall com19 plete a study to analyze and recommend measures to

20 avoid or reduce the loss of fish, including rainbow

21 smelt, through Garrison Dam in North Dakota and

22 Oahe Dam in South Dakota.

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

24 date of enactment of this Act, the Secretary of the
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1 Army shall submit to Congress a report describing

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

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated to the Secretary of the

5 Army—

6 (1) to complete the study required under sub7 section (c), $200,000; and

8 (2) to carry out the other provisions of this sec9 tion, $1,000,000 for each of fiscal years 2001

10 through 2010.

11 SEC. 9. MISSOURI AND MIDDLE MISSISSIPPI RIVERS EN12 HANCEMENT PROJECT.

13 Section 514 of the Water Resources Development Act

14 of 1999 (113 Stat. 342) is amended by striking subsection

15 (g) and inserting the following:

16 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

17 is authorized to be appropriated to pay the Federal share

18 of the cost of carrying out activities under this section

19 $5,000,000 for each of fiscal years 2002 through 2010.’’.

20 SEC. 10. RIVERFRONT REVITALIZATION.

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

22 U.S.C. 1282(b)) is amended—

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

24 paragraphs (4) and (5), respectively; and
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1 (2) by inserting after paragraph (2) the fol2 lowing:

3 ‘‘(3) MISSOURI RIVER.—

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

5 Interior, acting through the Director of the Riv6 ers and Trails Conservation Assistance Pro7 gram of the National Park Service, shall, if re8 quested, work with riverside communities to de9 velop projects to revitalize historic riverfronts,

10 including—

11 ‘‘(i) the communities of—

12 ‘‘(I) Saint Charles, Missouri;

13 ‘‘(II) Kansas City, Missouri/Kan14 sas City, Kansas;

15 ‘‘(III) Saint Joseph, Missouri;

16 ‘‘(IV) Omaha, Nebraska;

17 ‘‘(V) Council Bluffs, Iowa;

18 ‘‘(VI) Sioux City, Iowa/South

19 Sioux City, Nebraska;

20 ‘‘(VII) Yankton, South Dakota;

21 ‘‘(VIII) Pierre, South Dakota/

22 Fort Pierre, South Dakota;

23 ‘‘(IX) Bismarck, North Dakota;

24 ‘‘(X) Fort Peck, Montana;

25 ‘‘(XI) Leavenworth, Kansas;
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1 ‘‘(XII) Atchison, Kansas; and

2 ‘‘(XIII) Riverside Tribal Commu3 nities; and

4 ‘‘(ii) any other community along the

5 Missouri River that requests such a

6 project.

7 ‘‘(B) FUNDING.—

8 ‘‘(i) AUTHORIZATION OF APPROPRIA9 TIONS.—There is authorized to be appro10 priated to the Secretary of the Interior to

11 carry out this paragraph $15,000,000.

12 ‘‘(ii) LIMITATION ON SHARE OF

13 COSTS.—The Federal share of costs associ14 ated with any single project described in

15 this paragraph shall not exceed 25 percent

16 of the total cost of that project.

17 ‘‘(iii) NO FUNDS FOR OPERATION OR

18 MAINTENANCE.—The Secretary of the In19 terior shall provide no funds for the oper20 ation and maintenance of a project under

21 this paragraph.’’.

22 SEC. 11. COTTONWOOD PROTECTION STUDY.

23 (a) IN GENERAL.—The Secretary of the Interior, act24 ing through the Commissioner of the Bureau of Reclama25 tion and in consultation with the Secretary of the Army,
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1 shall complete a study to evaluate opportunities to protect

2 and replenish cottonwoods in the associated riparian wood3 land communities along the Missouri River between Fort

4 Benton and Fort Peck Reservoir, Montana, in accordance

5 with the Water Resources Research Act of 1984 (42

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

7 (b) EVALUATION.—The study shall include an eval8 uation of cottonwood reproduction, including the relation9 ship of cottonwood reproduction to—

10 (1) native fish and other river wildlife, including

11 competition from nonnative species;

12 (2) flood losses;

13 (3) water supply needs;

14 (4) recreation; and

15 (5) main stem and tributary dam operations.

16 (c) REPORT.—Not later than July 31, 2002, the Sec17 retary of the Interior shall submit to Congress a report

18 describing the results of the study under this section.

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

20 authorized to be appropriated to the Secretary of the Inte21 rior to carry out this section $1,000,000.

22 SEC. 12. LONG-TERM MONITORING PROGRAM.

23 (a) ESTABLISHMENT.—The Secretary of the Army

24 and the Secretary of the Interior, in consultation with the

25 Director of the United States Geological Survey, shall es-
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1 tablish a program at the River Studies Center of the Bio2 logical Resources Division of the United States Geological

3 Survey, located in Columbia, Missouri, to determine and

4 monitor the geological, hydrological, biological, and chem5 ical characteristics of the Missouri River in accordance

6 with title I of the Department of the Interior and Related

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

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

9 of enactment of this Act, the Secretary of the Interior

10 shall develop a program to monitor and assess the biota,

11 including threatened or endangered species, habitats, and

12 water quality of the Missouri River, in consultation with—

13 (1) the Governors of affected States, acting

14 through—

15 (A) the Missouri River Natural Resources

16 Committee; and

17 (B) 1 representative appointed by each

18 Governor;

19 (2) the Secretary of Agriculture;

20 (3) the Secretary of the Army;

21 (4) the Western Area Power Administration;

22 (5) the Administrator of the Environmental

23 Protection Agency; and

24 (6) the Missouri River Basin Tribes.
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1 (c) ACTIVITIES.—The program under subsection (b)

2 shall provide scientific information to—

3 (1) guide operation and management of the

4 Missouri River, including operation of dams by the

5 Corps of Engineers and the Bureau of Reclamation;

6 and

7 (2) measure and model the impact of manage8 ment alternatives through—

9 (A) monitoring of biota, including threat10 ened or endangered species, habitats, and water

11 quality;

12 (B) focused identification of cause and ef13 fect relationships; and

14 (C) identification and evaluation of meth15 ods to conserve fish and wildlife.

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

17 shall establish a baseline of conditions against which fu18 ture activities can be measured.

19 (e) DATABASE.—The Secretary of the Interior

20 shall—

21 (1) establish a database on Missouri River

22 biota, including threatened or endangered species,

23 habitats, and water quality; and

24 (2) make the database readily available to the

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

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

3 not less frequently than every 3 years thereafter, the Sec4 retary of the Interior, acting through the Director of the

5 Biological Resources Division of the United States Geo6 logical Survey, shall—

7 (1) review the program;

8 (2) as necessary, establish and revise the objec9 tives of the program; and

10 (3) submit to Congress a report on the environ11 mental health of the Missouri River.

12 (g) AUTHORIZATION OF APPROPRIATIONS.—

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

14 appropriated to the Secretary of the Interior to

15 carry out this section—

16 (A) $6,500,000 for fiscal year 2001;

17 (B) $8,500,000 for fiscal year 2002; and

18 (C) $15,100,000 for each of fiscal years

19 2003 through 2015.

20 (2) NONREIMBURSABLE EXPENDITURE.—The

21 costs associated with the development and implemen22 tation of the program under subsection (b) shall be

23 allocated to the United States as a nonreimbursable

24 expenditure.
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1 SEC. 13. INTERPRETATION AND RECREATION.

2 (a) INTERPRETIVE CENTERS.—

3 (1) IN GENERAL.—The Secretary of the Inte4 rior, acting through the Director of the National

5 Park Service, shall establish Lewis and Clark Inter6 pretive Centers to educate the public about the eco7 nomic and environmental importance of the Missouri

8 River and the scientific and cultural discoveries of

9 Lewis and Clark in the vicinity of Missouri River

10 communities, including the communities of—

11 (A) Kansas City, Missouri;

12 (B) Nebraska City, Nebraska;

13 (C) Sioux City, Iowa;

14 (D) Pierre, South Dakota/Fort Pierre,

15 South Dakota;

16 (E) Bismarck, North Dakota;

17 (F) Great Falls, Montana;

18 (G) Leavenworth, Kansas; and

19 (H) Atchison, Kansas.

20 (2) SPENDING LIMIT.—The Secretary of the In21 terior’s share of costs associated with any single

22 project described in this subsection shall not exceed

23 25 percent of the total cost of carrying out the

24 project.

25 (3) AUTHORIZATION OF APPROPRIATIONS.—

26 There is authorized to be appropriated to the Sec-
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1 retary of the Interior to carry out this subsection

2 $6,000,000 for each of fiscal years 2001 through

3 2007.

4 (b) RECREATION IMPROVEMENTS.—

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

6 acting through the Chief of Engineers, shall provide

7 improvements to recreation facilities and visitor cen8 ters at the Missouri River main-stem projects to pro9 vide for increased visitor use associated with the

10 Lewis and Clark commemoration.

11 (2) AUTHORIZATION OF APPROPRIATIONS.—

12 There is authorized to be appropriated to the Sec13 retary of the Army to carry out this subsection

14 $500,000 for each of fiscal years 2001 through

15 2004.

Æ