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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2500 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2500

 To establish a Council on Interjurisdictional Rivers Fisheries and to 
  direct the Secretary of the Interior to conduct a pilot test of the 
         Mississippi Interstate Cooperative Resource Agreement.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 1993

  Mr. Gunderson (for himself, Mr. Williams, Mr. Sabo, Mr. Johnson of 
South Dakota, Mr. Bereuter, Mr. Tauzin, and Mr. Barlow) introduced the 
following bill; which was referred to the Committee on Merchant Marine 
                             and Fisheries

_______________________________________________________________________

                                 A BILL

 
 To establish a Council on Interjurisdictional Rivers Fisheries and to 
  direct the Secretary of the Interior to conduct a pilot test of the 
         Mississippi Interstate Cooperative Resource Agreement.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cooperative Interjurisdictional 
Rivers Fisheries Resources Act of 1993''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) several rivers flow between, or are common to, 2 or 
        more State boundaries;
            (2) in many cases, there is not a single entity which has 
        complete jurisdictional responsibility for the fisheries 
        resources in these rivers;
            (3) a strong partnership between Federal and State 
        governmental authorities is vital in coordinating and 
        facilitating cooperative research and in resolving problems 
        associated with large river ecosystems because, among other 
        reasons, many fishery management problems are caused by 
        federally regulated activities (including activities resulting 
        in point and nonpoint pollution) and federally constructed 
        projects (including dams and navigation facilities);
            (4) in some rivers, the once rich assemblages of fish fauna 
        and diverse habitats have been lost and formerly abundant 
        native fish now exist only as endangered or depleted 
        populations;
            (5) without positive management actions, native species in 
        some rivers will continue to decline, fostering even greater 
        conflicts among water users;
            (6) construction of waterway developments (including 
        navigation, flood control, water level fluctuation, power 
        generation, irrigation, and general water depletion projects) 
        is accelerating and increasingly degrading large river 
        ecosystems nationwide;
            (7) the United States public will face reduced 
        opportunities for recreational, commercial, subsistence, and 
        aesthetic uses of river systems without demonstrable change in 
        management strategies in the near future;
            (8) several programs have been proposed or are underway to 
        resolve conflicts in these management strategies;
            (9) in one of these programs, Federal, State, and local 
        fisheries managers in the Mississippi River drainage basin have 
        entered into the Mississippi Interstate Cooperative Resource 
        Agreement under which the managers will share resources, 
        facilities, and funding for preparation and development of 
        long-range strategic plans for management of the drainage 
        basin's interjurisdictional fisheries;
            (10) the Mississippi Interstate Cooperative Resource 
        Agreement merits detailed evaluation as a model for the 
        development of long-range strategic plans for the management of 
        interjurisdictional rivers fisheries resources; and
            (11) to ensure that these programs are appropriately 
        coordinated and to conserve the fisheries resources in 
        interjurisdictional rivers, there is a need for strategies to 
        improve coordination, cooperation, research, and information 
        sharing.

SEC. 3. COUNCIL ON INTERJURISDICTIONAL RIVERS FISHERIES.

    (a) Establishment.--There is established a council to be known as 
the ``Council on Interjurisdictional Rivers Fisheries'' (in this Act 
referred to as the ``Council'').
    (b) Duties.--
            (1) In general.--The Council shall develop recommendations 
        for cooperative action strategies on the management of 
        interjurisdictional rivers fisheries.
            (2) Contents of strategies.--The recommended strategies to 
        be developed by the Council under this subsection shall at a 
        minimum contain the following:
                    (A) A listing of the 10 highest priority 
                interjurisdictional rivers in need of cooperative 
                fisheries management.
                    (B) Comprehensive fishery strategic plans for the 5 
                highest priority interjurisdictional rivers identified 
                pursuant to subparagraph (A), including goals, 
                objectives, implementation schedules, and estimates of 
                costs necessary to fully develop and implement the 
                strategic plans.
            (3) Considerations.--In developing a listing of the highest 
        priority interjurisdictional rivers in developing and 
        comprehensive fishery strategic plans, the Council shall 
        consider the following:
                    (A) The nature and severity of problems of the 
                interjurisdictional rivers creating the need for 
                enhanced cooperation.
                    (B) The adequacy of existing management programs 
                for the interjurisdictional rivers to address these 
                problems.
                    (C) The status and trends of fisheries resources in 
                the interjurisdictional rivers.
                    (D) The biological, physical, geologic, and 
                hydrographic characteristics of the interjurisdictional 
                rivers and the economic demands (including water uses) 
                on these rivers.
            (4) Review and approval of strategic plans by states.--The 
        Council may not issue a cooperative action strategy under this 
        section in final form unless--
                    (A) the Council has submitted each comprehensive 
                fishery strategic plan contained in the strategy to 
                each State having jurisdiction over an 
                interjurisdictional river that is covered by the plan; 
                and
                    (B) the director of each State fish and wildlife 
                agency has been offered the opportunity to choose 
                whether the strategy will be applicable to his State.
    (c) Membership.--
            (1) Number and appointment.--The Council shall be composed 
        of 13 members as follows:
                    (A) The Secretary (or the Secretary's designee) who 
                shall serve as chairperson of the Council.
                    (B) 7 individuals appointed by the Secretary who 
                are qualified to serve on the Council by virtue of 
                being the director of a State fish and wildlife agency 
                which represents 1 of the following major 
                interjurisdictional drainage systems of the United 
                States: the upper Mississippi, lower Mississippi, 
                Colorado, Missouri, Ohio, Pacific Coastal, and Atlantic 
                Coastal Systems.
                    (C) The Assistant Administrator for Fisheries of 
                the National Marine Fisheries Service of the Department 
                of Commerce (or the Assistant Administrator's 
                designee).
                    (D) The Secretary of the Department of Energy (or 
                the Secretary's designee).
                    (E) The Assistant Secretary of the Army for Civil 
                Works (or the Assistant Secretary's designee).
                    (F) The Chairman of the Tennessee Valley Authority 
                (or the Chairman's designee).
                    (G) One member of the Federal Energy Regulatory 
                Commission to be appointed by the Secretary (or the 
                member's designee).
            (2) Terms.--Members shall be appointed for a term of 3 
        years.
            (3) Vacancies.--A vacancy on the Council shall be filled in 
        the manner in which the original appointment was made. Any 
        member appointed to fill a vacancy occurring before the 
        expiration of the term for which the member's predecessor was 
        appointed shall be appointed only for the remainder of such 
        term.
            (4) Pay.--Members shall serve without pay.
            (5) Travel expenses.--While away from their homes or 
        regular places of business in the performance of services for 
        the Council, members shall receive travel expenses, including 
        per diem in lieu of subsistence, in accordance with sections 
        5702 and 5703 of title 5, United States Code; except that 
        members shall be entitled to receive such expenses only to the 
        extent that amounts are made available for such purpose in 
        advance in appropriations Acts.
    (d) Transaction of Business.--In resolving matters before the 
Council, attempts shall be made to reach consensus by the members. In 
the event consensus cannot be reached, all decisions of the Council 
will be made by majority vote of all its members. Provisions shall be 
made to include a statement of minority opinion in matters in which a 
consensus cannot be reached.
    (e) Meetings.--The Council shall meet at the call of the 
Chairperson or upon the request of a majority of the members.
    (f) Staff and Administration.--
            (1) Administrative support.--The Secretary shall provide 
        the Council with such administrative support services as are 
        necessary for the effective functioning of the Council.
            (2) Organization.--The Council shall determine its 
        organization and prescribe the practices and procedures for 
        carrying out its duties under subsection (b).
    (g) Limitation on Spending Authority.--No money authorized to be 
appropriated under this Act may be used to reimburse any agency or 
governmental unit (whose employees are Council members) for time spent 
by any such employee performing duties of the Council.
    (h) Federal Advisory Committee Act Exemption.--Conduct of business 
of the Council is exempt from the provisions of the Federal Advisory 
Committee Act.
    (i) Report to Congress.--Not later than 36 months after the date of 
the enactment of this Act, the Secretary shall transmit to Congress a 
report containing the strategies to be developed under this section, 
together with all statements of minority opinion received by the 
Secretary pursuant to subsection (d).
    (j) Termination.--The Council shall terminate 30 days after the 
date on which a report is submitted under subsection (i).
    (k) Limitation on Statutory Construction.--Nothing in this Act 
shall be construed--
            (1) to diminish the authority or responsibility of a State 
        with respect to interjurisdictional resources within an 
        interjurisdictional river or which depend on an 
        interjurisdictional river;
            (2) to authorize the Secretary to implement any strategy 
        developed under this Act which is beyond the Secretary's 
        authority on the date of the enactment of this Act; or
            (3) to supercede the authority and agreements of existing 
        commissions or compacts.

SEC. 4. MISSISSIPPI INTERSTATE COOPERATIVE RESOURCE AGREEMENT.

    (a) Evaluation.--The Secretary, in cooperation with the Mississippi 
Interstate Cooperative Resource Agreement Steering Committee, shall 
conduct a pilot test of the Mississippi Interstate Cooperative Resource 
Agreement.
    (b) Contents.--The pilot test to be conducted under this section 
shall include the following:
            (1) Identification and description of each of the river 
        ecosystems of the Mississippi River drainage system and the 
        associated fishery resources and fish habitat of such river 
        ecosystems.
            (2) Identification and description of the known impacts of 
        and mitigation techniques for navigation, flood control, power 
        generation, irrigation, and municipal water supplies projects 
        on fishery resources of the Mississippi River drainage basin, 
        including the impacts of dredging, channel maintenance, water 
        level management, sediment and contaminant transport, vessel 
        traffic, water withdrawal, and changes in salinity and various 
        hydrologic conditions.
            (3) Analysis of existing resource data with regard to 
        regional depletion of important fish stocks (including 
        paddlefish, lake sturgeon, and walleye) and the potential for 
        restoration of such fish stocks.
            (4) Identification of major information gaps and 
        technological needs to improve the cooperative management of 
        interjurisdictional fisheries resources.
            (5) A comprehensive study of the status, and the 
        management, research, and restoration needs, of the 
        interjurisdictional fisheries of the Mississippi River drainage 
        system.
            (6) Development of recommendations regarding the scope, 
        schedule, regional priorities, and roles of participants in the 
        Mississippi Interstate Cooperative Resource Agreement for 
        undertaking cooperative management and research projects.
            (7) Development of plans and testing projects for the 
        restoration and enhancement of depleted fish stocks (including 
        lake sturgeon, paddlefish, walleye, and other high priority 
        nonanadromous species) and associated habitats of such fish 
        stocks.
            (8) Evaluation of the feasibility and expected success of 
        the program under the Mississippi Interstate Cooperative 
        Resource Agreement and the merits of extending such program of 
        cooperative management strategy to other river basins in the 
        United States.
            (9) Estimates of funds required to implement 
        recommendations and plans developed under paragraphs (6), (7), 
        and (8).
    (c) Report to Congress.--Not later than 36 months after the date of 
the enactment of this Act, the Secretary shall transmit to Congress a 
report containing the evaluation of the pilot test to be conducted 
under this section.

SEC. 5. DEFINITIONS.

    For the purpose of this Act, the following definitions apply:
            (1) Interjurisdictional fisheries resources.--The term 
        ``interjurisdictional fisheries resources'' means fisheries 
        resources, and associated river ecosystems, that depend on 
        interjurisdictional rivers and are under the management of 2 or 
        more governmental entities.
            (2) Interjurisdictional river.--The term 
        ``interjurisdictional river'' means a river that flows between, 
        or is common to, 2 or more State boundaries.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Fish and Wildlife Service.
            (4) State fish and wildlife agency.--The term ``State Fish 
        and Wildlife Agency'' includes any State department or agency, 
        or a part thereof, that is empowered under the laws of the 
        State to exercise the functions ordinarily exercised by a State 
        fish and wildlife agency.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary for each of 
fiscal years 1994, 1995, and 1996--
            (1) $1,000,000 per fiscal year to carry out section 3; and
            (2) $2,000,000 per fiscal year to carry out section 4.
Such sums shall remain available until expended.

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