II

103D CONGRESS

1ST SESSION S. 1407

To direct the Secretary of the Army to conduct a study to assess the

adequacy of current flood control measures on the Upper Mississippi

River and its tributaries, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 6 (legislative day, JUNE 30), 1993

Ms. MOSELEY-BRAUN (for herself, Mr. SIMON, Mr. BOND, Mr. DANFORTH,

Mr. FEINGOLD, Mr. GRASSLEY, Mr. HARKIN, and Mr. KOHL) introduced

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

on Environment and Public Works

A BILL

To direct the Secretary of the Army to conduct a study

to assess the adequacy of current flood control measures

on the Upper Mississippi River and its tributaries, 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. PURPOSES.

4 The purposes of this Act are as follows:

5 (1) To improve the flood protection on the

6 Upper Mississippi River and its tributaries in order
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•S 1407 IS

1 to protect public health and safety, maintain com2 merce, and reduce economic losses due to flooding.

3 (2) To assess the adequacy of current flood

4 control measures in use at the time of the assess5 ment (referred to in this Act as ‘‘then current flood

6 control measures’’), both Federal and non-Federal,

7 on the Upper Mississippi River and its tributaries

8 and recommend improvements to protect critical

9 public facilities and prevent the release of hazardous

10 materials into flood waters.

11 (3) To examine the Federal and non-Federal

12 roles in funding the construction and maintenance of

13 flood control measures on the Mississippi River and

14 its tributaries and recommend changes to improve

15 flood protection for high priority facilities.

16 SEC. 2. FLOOD CONTROL MEASURES ON UPPER MIS17 SISSIPPI RIVER AND TRIBUTARIES.

18 (a) STUDY.—The Secretary of the Army shall con19 duct a study to assess the adequacy of then current flood

20 control measures on the Upper Mississippi River and its

21 tributaries.

22 (b) CONTENTS.—In conducting the study under sub23 section (a), the Secretary shall—
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1 (1) identify critical water, sewer, transpor2 tation, and other essential public facilities that cur3 rently do not have adequate flood protection;

4 (2) identify high priority industrial, petrochemi5 cal, hazardous waste, and other facilities that re6 quire additional flood protection due to the special

7 health and safety risks caused by flooding;

8 (3)(A) evaluate then current Federal, State,

9 and local flood impact review requirements for infra10 structure improvements and other development in

11 the flood plain; and

12 (B) recommend changes to reduce the potential

13 loss of life, property damage, economic losses, and

14 threats to health and safety caused by flooding;

15 (4) examine the differences in Federal cost16 sharing for construction and maintenance of flood

17 control projects on the Upper and Lower Mississippi

18 River systems and assess the effect of the dif19 ferences on the level of flood protection on the

20 Upper Mississippi River and its tributaries;

21 (5)(A) assess the then current Federal policy on

22 pre-event repair and maintenance of both Federal

23 and non-Federal levees; and

24 (B) recommend actions to help prevent the fail25 ure of the levees during flooding;
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1 (6)(A) assess the impact of the then current

2 system of levees and flood control projects on the

3 flood levels experienced on the Upper Mississippi

4 River and its tributaries in 1993; and

5 (B) evaluate the cost-effectiveness of alternative

6 flood control measures, such as the preservation and

7 restoration of wetlands;

8 (7) recommend flood control improvements,

9 changes in Federal cost-sharing, and other measures

10 to reduce economic losses, damage to critical public

11 facilities, and the release of hazardous materials

12 from industrial, petrochemical, hazardous waste, and

13 other facilities caused by flooding of the Upper Mis14 sissippi River and its tributaries; and

15 (8) assess the environmental impact of then

16 current flood control measures and the flood control

17 improvements recommended pursuant to this sec18 tion.

19 (c) REPORT.—Not later than January 1, 1995, the

20 Secretary shall submit to Congress a report on the results

21 of the study conducted under subsection (a).

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