I 

108TH CONGRESS 

2D SESSION H. R. 4686 

To revitalize the Mississippi River. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 24, 2004 

Mr. KIND (for himself and Ms. MCCOLLUM) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Resources, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To revitalize the 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. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Mississippi River Protection and Restoration Act of 

6 2004’’. 

7 (b) TABLE OF CONTENTS.— 

Sec.1.Short title; table of contents. 

Sec.2.Findings and purposes. 

Sec.3.Secretary defined definition. 

Sec.4.Environmental management program. 

Sec.5.Upper Mississippi River trust fund. 
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Sec.6.System maintenance. 

Sec.7.Lower Mississippi River resource assessment. 

Sec.8.Flood mitigation. 

Sec.9.Hazard mitigation. 

Sec.10.Gulf hypoxia research, coordination, and monitoring. 

Sec.11.Wetland restoration demonstration projects. 

1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress finds the following: 

3 (1) The Mississippi River is a nationally-signifi4 cant social, cultural, economic, and environmental 

5 resource. 

6 (2) Millions of jobs depend upon the economic 

7 and environmental health of the Mississippi River. 

8 (3) The Mississippi River is slowly losing wild9 life habitats that support hundreds of wildlife spe10 cies. 

11 (4) Hundreds of communities are reconnecting 

12 to the Mississippi River. 

13 (5) Direct discharges and runoff into the Mis14 sissippi River are contributing to local and regional 

15 water quality problems. 

16 (b) PURPOSES.—The purposes of this Act are the fol17 lowing: 

18 (1) To protect and restore the Mississippi 

19 River. 

20 (2) To protect and increase the number of jobs 

21 which depend upon the health of the Mississippi 

22 River. 
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1 (3) To help communities reconnect to the Mis2 sissippi River. 

3 (4) To protect and restore habitat. 

4 (5) To use science to aid habitat restoration 

5 and water quality enhancement efforts. 

6 SEC. 3. SECRETARY DEFINED. 

7 In this Act, the term ‘‘Secretary’’ means the Sec8 retary of the Army. 

9 SEC. 4. ENVIRONMENTAL MANAGEMENT PROGRAM. 

10 (a) MAINTENANCE.—Section 1103(d)(3) of such Act 

11 is amended by inserting at the end the following: ‘‘and 

12 the maintenance of completed projects on Federal lands.’’. 

13 (b) RANKING SYSTEM.—Section 1103(e)(1) of such 

14 Act is amended— 

15 (1) in subparagraph (B) by striking ‘‘technical’’ 

16 and inserting ‘‘science’’; 

17 (2) at the end of subparagraph (B) by inserting 

18 the following: ‘‘The advisory committee shall include 

19 scientists, hydrologists, and engineers and shall re20 view and provide public comment on project criteria, 

21 selection, and sequencing.’’; and 

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

23 ‘‘(C) PROJECT RANKINGS.—The Secretary 

24 shall, in consultation with the Independent 

25 Technical Advisory Committee and the National 
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1 Academy of Sciences, develop a system to rank 

2 proposed projects. The ranking system shall 

3 give greater weight to projects that restore nat4 ural river processes, including dam reforms, 

5 levee modification and removal, and training 

6 structure modification and removal.’’. 

7 (c) FUNDING LEVELS.—Section 1103(e) of the 

8 Water Resources Development Act of 1986 (33 U.S.C. 

9 652(e)) is amended as follows: 

10 (1) In paragraph (3)— 

11 (A) by striking ‘‘$22,750,000’’ and insert12 ing ‘‘$80,000,000’’; 

13 (B) by inserting at the end the following: 

14 ‘‘For the purposes of carrying out paragraph 

15 (1)(A) of this subsection, there is authorized to 

16 be appropriated to the Secretary $35,000,000 

17 per fiscal year, to purchase floodplain land from 

18 willing sellers.’’; and 

19 (C) by striking ‘‘thereafter’’ and inserting 

20 ‘‘until the Trust Fund created in section 5 of 

21 the Mississippi River Protection Act of 2004 

22 reaches $2,500,000,000’’. 

23 (2) In paragraph (4), by striking 

24 ‘‘$10,420,000’’ and inserting ‘‘$20,000,000’’. 
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1 (3) By striking paragraph (7)(A) and inserting 

2 the following: 

3 ‘‘(7)(A) The costs of each project carried out 

4 pursuant to paragraph (1)(A), including the costs of 

5 land acquisition, shall be a Federal responsibility. A 

6 non-Federal sponsor shall share 35 percent of the 

7 cost of projects constructed on private land.’’. 

8 (d) RECREATIONAL PROJECTS.—Section 1103(f)(2) 

9 of such Act is amended— 

10 (1) by striking ‘‘$500,000’’ and inserting 

11 ‘‘$10,000,000’’; 

12 (2) by adding at the end the following: ‘‘The 

13 Secretary may share the cost of riverfront projects, 

14 including trails, parks, interpretive sites, and green15 ways.’’; and 

16 (3) by striking ‘‘thereafter’’ and inserting ‘‘until 

17 the trust fund created in section 5 of the Mississippi 

18 River Protection and Restoration Act of 2004 

19 reaches $2,500,000,000’’. 

20 (e) RESERVATION.—Section 1103 of such Act is 

21 amended by adding at the end the following: 

22 ‘‘(k) FUNDING.—One-half of the funds annually ap23 propriated to operate and maintain the Upper Mississippi 

24 River and Illinois Waterway under section 102 of the 

25 Water Resources Development Act of 1986 shall be re-
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1 served to carry out subsections (e), (f), and (h) of section 

2 1103 of such Act.’’. 

3 SEC. 5. UPPER MISSISSIPPI RIVER TRUST FUND. 

4 (a) ESTABLISHMENT.—There is established in the 

5 Treasury of the United States a fund to be known as the 

6 ‘‘Upper Mississippi River Trust Fund’’ (referred to in this 

7 section as the ‘‘Fund’’). 

8 (b) FEDERAL FUNDING.—Until the aggregate 

9 amount deposited in the Fund under this subsection is 

10 equal to at least $2,500,000,000, the Secretary of the 

11 Treasury shall transfer $100,000,000 from the general 

12 treasury to the Fund for fiscal year 2005 and each fiscal 

13 year thereafter. 

14 (c) NON-FEDERAL FUNDING.—Non-federal funding 

15 may also be contributed to the Fund established in sub16 section (a). 

17 (d) CREATION OF A NON-PROFIT CORPORATION.— 

18 (1) IN GENERAL.—There is established a chari19 table and non-profit corporation to administer the 

20 funds provided by this section, and to encourage, ac21 cept, and administer private gifts for the purpose of 

22 protecting and restoring the natural resources of the 

23 Upper Mississippi River and its floodplain. 
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1 (2) MEMBERS OF BOARD OF TRUSTEES.—The 

2 Board of Trustees shall be made up of 11 members 

3 appointed by the President and shall include: 

4 (A) One representative from each of the 

5 States of Minnesota, Wisconsin, Illinois, Iowa, 

6 and Missouri. 

7 (B) Six representatives of non profit orga8 nizations dedicated to the protection and res9 toration of the environment or other persons 

10 who have demonstrated commitment to the en11 vironmental health and expertise related to the 

12 Upper Mississippi River. 

13 (C) The chairman shall be elected by the 

14 trustees from its members for a 1-year term. 

15 (D) A majority of the current membership 

16 of the Trustees shall constitute a quorum for 

17 the transaction of business. 

18 (E) One ex-officio representative of the 

19 U.S. Fish and Wildlife Service. 

20 (F) One ex-officio representative of the 

21 U.S. Army Corps of Engineers. 

22 (G) One ex-officio representative of the 

23 U.S. Environmental Protection Agency. 
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1 (H) One ex-officio representative of the 

2 Natural Resources Conservation Service of the 

3 U.S. Department of Agriculture. 

4 (3) TERM.—A member of the Board of Trust5 ees shall serve a 5 year, nonrenewable term. 

6 (4) GENERAL POWERS.—The Board of Trustees 

7 shall meet semi-annually to— 

8 (A) allocate the funds annually provided by 

9 subparagraph (f); 

10 (B) solicit, accept, and use any gift or real 

11 or personal property or any income or interest 

12 therefrom; 

13 (C) acquire by purchase or exchange any 

14 real or personal property or interest therein; 

15 (D) enter into contracts as may be nec16 essary to carry out its functions; and 

17 (E) appoint officers and employees, adopt 

18 bylaws, and undertake other such acts as may 

19 be necessary to carry out the provisions of this 

20 section. 

21 (e) INVESTMENTS.— 

22 (1) IN GENERAL.—The Secretary of the Treas23 ury shall invest the amounts deposited under sub24 sections (b) and (c) only in interest bearing obliga25 tions of the United States or in obligations guaran-
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1 teed by the United States as to both principal and 

2 interest. 

3 (2) INTEREST RATE.—The Secretary of the 

4 Treasury shall invest the amounts in the fund in ob5 ligation that carry the highest rate of interest among 

6 available obligations of the required maturity. 

7 (f) PAYMENTS.—All amounts annually credited as in8 terest under subsection (e) shall be available, without fis9 cal year limitation, to the trust established under sub10 section (d) after the Fund has been fully capitalized. 

11 (g) USE OF FUNDS.—The trust established in sub12 section (d) may use funds transferred under subsection 

13 (f) for the following: 

14 (1) Aquatic habitat restoration. 

15 (2) Floodplain habitat restoration, including the 

16 acquisition of land in fee title from willing sellers. 

17 (3) Not less than 5 percent of the funds gen18 erated under subsection (f) shall be used to revitalize 

19 riverfronts. 

20 (4) Such sums as are necessary to administer 

21 the Fund, including professional staff and the reim22 bursement of the expenses of Trustees. 

23 (h) SCIENCE ADVISORY BOARD.—The Science Advi24 sory Board established by section 509(a) of the Water Re25 sources Development Act of 1999 shall annually review 
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1 and comment on the projects proposed by the Board of 

2 Trustees. 

3 (i) CONSISTENCY.—Nothing in this section shall con4 fer any new regulatory authority on any Federal or non5 Federal entity, and the funds used pursuant to subsection 

6 (g) shall be subject to all applicable laws and regulations. 

7 SEC. 6. SYSTEM MAINTENANCE. 

8 (a) IN GENERAL.—The Secretary shall use the funds 

9 provided by section 102 of Public Law 99–662 (33 U.S.C. 

10 2212) to conduct maintenance activities consistent with 

11 the needs of the environment, including the following: 

12 (1) Water level management. 

13 (2) Gate adjustments. 

14 (3) Wingdam/dike field modifications. 

15 (4) Spillway modifications. 

16 (5) Abandoned barge removal. 

17 (6) Mooring buoys. 

18 (7) Forestry management. 

19 (8) Systemic fleeting plan. 

20 (9) Fish passage. 

21 (10) Other measures that the Secretary deter22 mines will reduce the impacts of waterway manage23 ment and barge movements on aquatic and flood24 plain habitat. 
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1 (b) WATER LEVEL MANAGEMENT.—Section 102 of 

2 Public Law 99–662 (33 U.S.C. 2212) is amended by in3 serting the following: ‘‘The Secretary shall provide 100 

4 percent of the cost of dredging required to manage water 

5 levels to improve the environment.’’. 

6 (c) DREDGED MATERIAL PLACEMENT.—Section 204 

7 of Public Law 102–580 is amended by inserting the fol8 lowing: ‘‘The Secretary shall develop and implement at full 

9 Federal expense a plan to dispose or reuse dredged mate10 rial from the Upper Mississippi River to eliminate all 

11 harmful impacts on floodplain and aquatic habitat.’’. 

12 (d) WATER LEVEL MANAGEMENT STUDY.—Not later 

13 than 6 months after the date of enactment of this Act, 

14 the Secretary shall assess the opportunities for water level 

15 management that benefits fish and wildlife consistent with 

16 commercial navigation. 

17 SEC. 7. LOWER MISSISSIPPI RIVER RESOURCE ASSESS18 MENT. 

19 Section 402 of the Water Resources Development Act 

20 of 2000 (114 Stat. 2633) is amended— 

21 (1) by striking subsection (b) and (c) and in22 serting the following: 

23 ‘‘(b) ASSESSMENTS.—Not later than June 30, 2004, 

24 the Secretary shall submit the assessments described in 

25 subsection (a) to the appropriate committees of Congress, 
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1 including planning, construction, and enhancement meas2 ures needed to meet habitat needs. 

3 ‘‘(c) DEMONSTRATION PROJECTS.—To assist in the 

4 assessment, the Secretary may implement the following 

5 demonstration projects at Federal expense prior to the 

6 completion of the report under subsection (b).’’ 

7 (2) by striking subsection (e) and inserting the 

8 following: 

9 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

10 is authorized to be appropriated— 

11 ‘‘(1) $2,000,000 for the assessment described in 

12 subsection (b); and 

13 ‘‘(2) $15,000,000 for the demonstration 

14 projects described in subsection (c).’’. 

15 SEC. 8. FLOOD MITIGATION. 

16 (a) Section 212(i)(1) of the Water Resources Devel17 opment Act of 1999 (33 U.S.C. 2332(i)(1); 113 Stat. 291) 

18 is amended to read as follows: 

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

20 appropriated $100,000,000 to carry out this section 

21 for fiscal years 2005 through 2014.’’. 

22 SEC. 9. HAZARD MITIGATION. 

23 (a) INCREASED FEDERAL SHARE.—Section 

24 322(e)(1) of the Robert T. Stafford Disaster Relief and 

25 Emergency Assistance Act (42 U.S.C. 5165(e)(1)) is 
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1 amended by striking ‘‘20 percent’’ and inserting ‘‘30 per2 cent.’’. 

3 (b) LIMITATION ON TOTAL AMOUNT OF FEDERAL

4 CONTRIBUTIONS.—Section 404(a) of the Robert T. Staf5 ford Disaster Relief and Emergency Assistance Act (42 

6 U.S.C. 5170c(a)) is amended by striking ‘‘15 percent of 

7 the estimated aggregate amount of grants to be made (less 

8 any associated administrative costs)’’ and inserting ‘‘25 

9 percent of the estimated aggregate amount of grants to 

10 be made’’. 

11 SEC. 10. GULF HYPOXIA RESEARCH, COORDINATION, AND 

12 MONITORING. 

13 (a) ESTABLISHMENT.—To implement the rec14 ommendations of the Mississippi River/Gulf of Mexico Wa15 tershed Nutrient Task Force, the Secretary shall establish 

16 at the Waterways Experiment Station in Vicksburg, Mis17 sissippi, a program to coordinate monitoring and research 

18 in the Mississippi River basin. 

19 (b) MONITORING COORDINATION.—The Secretary 

20 shall administer and coordinate programs to identify the 

21 sources of nutrients in the Gulf of Mexico, including the 

22 programs authorized by sections 16 and 17 of this title 

23 and the program authorized by section 304 of the Water 

24 Resources Development Act of 2000 and other programs 
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1 authorized to monitor sediment and nutrient loadings into 

2 the Mississippi River. 

3 (c) RESEARCH COORDINATION.—The Secretary, in 

4 collaboration with the Secretary of Commerce, shall ad5 minister and coordinate research efforts. 

6 (d) SUB-BASIN NUTRIENT MONITORING AND MOD7 ELING.—Pursuant to section 403 of the Water Resources 

8 Development Act of 2000, the Secretary shall develop sedi9 ment and nutrient studies for the following sub-basins of 

10 the Mississippi River basin: 

11 (1) Missouri River basin. 

12 (2) Ohio River basin. 

13 (3) Tennessee River basin. 

14 (4) Arkansas River basin. 

15 (5) Lower Mississippi River basin. 

16 (e) SUB-BASIN COLLABORATION.—The Secretary 

17 shall establish and coordinate sub-basin commissions in 

18 each of the following sub-basins to develop and implement 

19 long-term nutrient reduction strategies: 

20 (1) Missouri River basin. 

21 (2) Upper Mississippi River basin. 

22 (3) Ohio River basin. 

23 (4) Tennessee River basin. 

24 (5) Arkansas River basin. 

25 (6) Lower Mississippi River basin. 
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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated $250,000,000 for each 

3 of fiscal years 2003 through 2012 to carry out this sec4 tion. 

5 SEC. 11. WETLAND RESTORATION DEMONSTRATION 

6 PROJECTS. 

7 (a) ESTABLISHMENT.—The Secretary shall establish 

8 a consortium of universities from States throughout the 

9 Mississippi River Basin to demonstrate the full range of 

10 wetland values and functions, including floodplain wet11 lands in the Lower Mississippi River floodplain, to reduce 

12 nutrient loadings to the Gulf of Mexico and to sequester 

13 carbon. 

14 (b) REPORT.—The Secretary shall annually report on 

15 the success of demonstration projects undertaken pursu16 ant to this section. 

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated $10,000,000 for each 

19 of the fiscal years 2004 through 2012 to carry out this 

20 section. 

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