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105TH CONGRESS

1ST SESSION S. 1399

To authorize the Secretary of the Army to carry out a project to protect

and enhance fish and wildlife habitat of the Missouri River and the

middle Mississippi River.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 7, 1997

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

the Committee on Environment and Public Works

A BILL

To authorize the Secretary of the Army to carry out a

project to protect and enhance fish and wildlife habitat

of the Missouri River and the middle Mississippi 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. MISSOURI AND MIDDLE MISSISSIPPI RIVERS

4 ENHANCEMENT PROJECT.

5 (a) DEFINITIONS.—In this section:

6 (1) MIDDLE MISSISSIPPI RIVER.—The term

7 ‘‘middle Mississippi River’’ means the reach of the

8 Mississippi River from the mouth of the Ohio River
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1 (river mile 0, Upper Mississippi River) to the mouth

2 of the Missouri River (river mile 195).

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

4 River’’ means the reach of the Missouri River from

5 the mouth of the Missouri River (river mile 0, Mis6 souri River) to river mile 742.

7 (3) PROJECT.—The term ‘‘project’’ means the

8 project authorized by this section.

9 (4) SECRETARY.—The term ‘‘Secretary’’ means

10 the Secretary of the Army.

11 (b) PROTECTION AND ENHANCEMENT ACTIVITIES.—

12 (1) PLAN.—

13 (A) DEVELOPMENT.—Not later than 180

14 days after the date of enactment of this Act,

15 the Secretary shall develop a plan for a project

16 to protect and enhance fish and wildlife habitat

17 of the Missouri River and the middle Mis18 sissippi River.

19 (B) ACTIVITIES.—

20 (i) IN GENERAL.—The plan shall pro21 vide for such activities as are necessary to

22 protect and enhance fish and wildlife habi23 tat without adversely affecting—

24 (I) the water-related needs of the

25 region surrounding the Missouri River
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1 and the middle Mississippi River, in2 cluding flood control, navigation, and

3 enhancement of water supply; and

4 (II) private property rights.

5 (ii) REQUIRED ACTIVITIES.—The plan

6 shall include—

7 (I) modification and improvement

8 of navigation training structures to

9 protect and enhance fish and wildlife

10 habitat;

11 (II) modification and creation of

12 side channels to protect and enhance

13 fish and wildlife habitat;

14 (III) restoration and creation of

15 island fish and wildlife habitat;

16 (IV) creation of riverine fish and

17 wildlife habitat;

18 (V) establishment of criteria for

19 prioritizing the type and sequencing of

20 activities based on cost-effectiveness

21 and likelihood of success; and

22 (VI) physical and biological mon23 itoring for evaluating the success of

24 the project.

25 (2) IMPLEMENTATION OF ACTIVITIES.—
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1 (A) IN GENERAL.—Using funds made

2 available to carry out this section, the Secretary

3 shall carry out the activities described in the

4 plan.

5 (B) USE OF EXISTING AUTHORITY FOR

6 UNCONSTRUCTED FEATURES OF THE

7 PROJECT.—Using funds made available to the

8 Secretary under other law, the Secretary shall

9 design and construct any feature of the project

10 that may be carried out using the authority of

11 the Secretary to modify an authorized project,

12 if the Secretary determines that the design and

13 construction will—

14 (i) accelerate the completion of activi15 ties to protect and enhance fish and wild16 life habitat of the Missouri River or the

17 middle Mississippi River; and

18 (ii) be compatible with the project

19 purposes described in this section.

20 (c) INTEGRATION OF OTHER ACTIVITIES.—

21 (1) IN GENERAL.—In carrying out the activities

22 described in subsection (b), the Secretary shall inte23 grate the activities with other Federal and State ac24 tivities.

25 (2) EFFECT ON AUTHORITY.—
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1 (A) EXISTING AUTHORITY.—Except as

2 otherwise expressly provided in this section,

3 nothing in this section affects—

4 (i) the authority to carry out the

5 project for mitigation of fish and wildlife

6 losses, Missouri River Bank Stabilization

7 and Navigation Project, Missouri, Kansas,

8 Iowa, and Nebraska, authorized by section

9 601(a) of the Water Resources Develop10 ment Act of 1986 (100 Stat. 4143);

11 (ii) the authority provided by section

12 1103 of the Water Resources Development

13 Act of 1986 (33 U.S.C. 652); or

14 (iii) any other authority in effect on

15 the date of enactment of this Act or any

16 requirement of the authority.

17 (B) NEW AUTHORITY.—Nothing in this

18 section confers any new regulatory authority on

19 any Federal or non-Federal entity that carries

20 out any activity authorized by this section.

21 (d) PUBLIC PARTICIPATION.—In developing and car22 rying out the plan under subsection (b) and the activities

23 described in subsection (c), the Secretary shall provide for

24 public review and comment in accordance with applicable

25 Federal law, including—
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1 (1) providing advance notice of meetings;

2 (2) providing adequate opportunity for public

3 input and comment;

4 (3) maintaining appropriate records; and

5 (4) compiling a record of the proceedings of

6 meetings.

7 (e) COMPLIANCE WITH APPLICABLE LAW.—In carry8 ing out the activities described in subsections (b) and (c),

9 the Secretary shall comply with any applicable Federal

10 law, including the National Environmental Policy Act of

11 1969 (42 U.S.C. 4321 et seq.).

12 (f) COST SHARING.—

13 (1) NON-FEDERAL SHARE.—The non-Federal

14 share of the cost of the project (including design and

15 construction described in subsection (b)(2)(B)) shall

16 not exceed 25 percent.

17 (2) FEDERAL SHARE.—The Federal share of

18 the cost of any 1 activity described in subsection (b)

19 shall not exceed $5,000,000.

20 (3) OPERATION AND MAINTENANCE.—The op21 eration and maintenance of the project shall be a

22 Federal responsibility.

23 (g) AUTHORIZATION OF APPROPRIATIONS.—

24 (1) IN GENERAL.—There is authorized to be

25 appropriated to pay the Federal share of the cost of
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1 carrying out activities under this section

2 $50,000,000 for the period of fiscal years 1999

3 through 2004.

4 (2) MANAGEMENT OF FUNDS.—Funds made

5 available under this subsection shall be managed by

6 the Mississippi Valley Division of the Army Corps of

7 Engineers and distributed to the appropriate Dis8 tricts of the Army Corps of Engineers.

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