I 
113TH CONGRESS 
1ST SESSION H. R. 1152 
To provide for the safe and reliable navigation of the Mississippi River, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 14, 2013 
Mr. ENYART (for himself and Mr. RODNEY DAVIS of Illinois) introduced the 
following bill; which was referred to the Committee on Transportation 
and Infrastructure 
A BILL 
To provide for the safe and reliable navigation of the 
Mississippi River, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Mississippi River Navi-
gation Sustainment Act’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) the Mississippi River is the largest, most fa-
mous river in the United States and a vital natural 
resource; 
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(2) the Mississippi River Basin is the third 
largest watershed in the world, covering more than 
1,000,000 square miles and approximately 40 per-
cent of the continental United States; 
(3) the rivers, tributaries, and reservoirs that 
make up the Mississippi River Basin operate natu-
rally as a system and any attempt to operate 
projects within the Mississippi River Basin by man-
kind should take this fact into consideration; 
(4) the Mississippi River is the backbone of the 
inland waterway system of the United States and a 
crucial artery for the movement of goods; 
(5) each year millions of tons of commodities, 
including grain, coal, petroleum, and chemicals, rep-
resenting billions of dollars are transported on the 
Mississippi River by barge; 
(6) the Mississippi River is home to some of the 
busiest commercial ports in the United States, in-
cluding the Port of New Orleans and the Port of St. 
Louis; 
(7) safe and reliable navigation of the Mis-
sissippi River is vital to the national economy; 
(8) extreme weather events pose challenges to 
navigation and life along the Mississippi River and 
are likely to become more severe and more frequent 
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in the coming years, as evidenced by the devastating 
floods along the Mississippi River in 2011 and the 
near historic low water levels seen on the same 
stretch of the Mississippi River in the winter of 
2012–2013; 
(9) the American Waterways Operators and the 
Waterways Council, Incorporated have estimated 
that a disruption of navigation on the Mississippi 
River due to low water levels between December 
2012 and January 2013 would have negatively im-
pacted 20,000 jobs and $7,000,000,000 in cargo; 
(10) the Regulating Works Program of the St. 
Louis District of the Corps of Engineers is critical 
to maintaining navigation on the middle Mississippi 
River during extreme weather events and should re-
ceive continued Federal financial assistance and sup-
port; and 
(11) the Federal Government, commercial 
users, and others have a shared responsibility to 
take steps to maintain the critical flow of goods on 
the Mississippi River during extreme weather events. 
SEC. 3. DEFINITIONS. 
(a) EXTREME
WEATHER.—The term ‘‘extreme 
weather’’ means— 
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(1) severe flooding and drought conditions that 
lead to above or below average water levels; or 
(2) other severe weather events that threaten 
personal safety, property, and navigation on the in-
land waterways of the United States. 
(b) GREATER MISSISSIPPI RIVER BASIN.—The term 
‘‘greater Mississippi River Basin’’ means the area covered 
by hydrologic units 5, 6, 7, 8, 10, and 11, as identified 
by the United States Geological Survey as of the date of 
enactment of this Act. 
(c) LOWER MISSISSIPPI RIVER.—The term ‘‘lower 
Mississippi River’’ means the portion of the Mississippi 
River that begins at the confluence of the Ohio River and 
flows to the Gulf of Mexico. 
(d) MIDDLE MISSISSIPPI RIVER.—The term ‘‘middle 
Mississippi River’’ means the portion of the Mississippi 
River that begins at the confluence of the Missouri River 
and flows to the lower Mississippi River. 
(e) SECRETARY.—The term ‘‘Secretary’’ means the 
Secretary of the Army, acting through the Chief of Engi-
neers. 
SEC. 4. GREATER MISSISSIPPI RIVER BASIN EXTREME 
WEATHER MANAGEMENT STUDY. 
(a) IN GENERAL.—The Secretary shall carry out a 
study of the Mississippi River Basin— 
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(1) to improve the coordinated and comprehen-
sive management of water resource projects in the 
greater Mississippi River Basin relating to extreme 
weather conditions; and 
(2) to evaluate the feasibility of any modifica-
tions to those water resource projects and develop 
new water resource projects to improve the reliability 
of navigation and more effectively reduce flood risk. 
(b) CONTENTS.—The study shall— 
(1) identify any Federal actions necessary to 
prevent and mitigate the impacts of extreme weath-
er, including changes to authorized channel dimen-
sions, operational procedures of locks and dams, and 
reservoir management within the Mississippi River 
Basin; 
(2) evaluate the effect on navigation and flood 
risk management to the Mississippi River of all up-
stream rivers and tributaries, especially the con-
fluence of the Illinois River, Missouri River, and 
Ohio River; 
(3) identify and make recommendations to rem-
edy challenges to the Corps of Engineers presented 
by extreme weather, including river access, in car-
rying out its mission to maintain safe, reliable navi-
gation; and 
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(4) identify and locate natural or other poten-
tial impediments to maintaining navigation on the 
middle and lower Mississippi River during periods of 
low water, including existing industrial pipeline 
crossings. 
(c) CONSULTATION AND USE OF EXISTING DATA.— 
In carrying out the study, the Secretary shall— 
(1) consult with appropriate committees of Con-
gress, Federal, State, tribal, and local agencies, envi-
ronmental interests, river navigation industry rep-
resentatives, other shipping and business interests, 
organized labor, and nongovernmental organizations; 
(2) to the maximum extent practicable, use 
data in existence on the date of enactment of this 
Act; and 
(3) incorporate lessons learned and best prac-
tices developed as a result of past extreme weather 
events, including major floods and the successful ef-
fort to maintain navigation during the near historic 
low water levels on the Mississippi River during the 
winter of 2012–2013. 
(d) COST-SHARING.—The Federal share of the cost 
of carrying out the study under this section shall be 100 
percent. 
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(e) REPORT.—Not later than 3 years after the date 
of enactment of this Act, the Secretary shall submit to 
Congress a report on the study carried out under this sec-
tion. 
SEC. 5. MISSISSIPPI RIVER FORECASTING IMPROVEMENTS. 
(a) IN GENERAL.—The Secretary, in consultation 
with the Secretary of the department in which the Coast 
Guard is operating, the Director of the United States Geo-
logical Survey, the Administrator of the National Oceanic 
and Atmospheric Administration, and the Director of the 
National Weather Service, as applicable, shall improve 
forecasting on the Mississippi River by— 
(1) updating forecasting technology deployed on 
the Mississippi River and its tributaries through— 
(A) the construction of additional auto-
mated river gages; 
(B) the rehabilitation of existing auto-
mated and manual river gages; and 
(C) the replacement of manual river gages 
with automated gages, as the Secretary deter-
mines to be necessary; 
(2) 
constructing 
additional 
sedimentation 
ranges on the Mississippi River and its tributaries; 
and 
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(3) deploying additional automatic identification 
system base stations at river gage sites. 
(b) PRIORITIZATION.—In carrying out this section, 
the Secretary shall prioritize the sections of the Mis-
sissippi River on which additional and more reliable infor-
mation would have the greatest impact on maintaining 
navigation on the Mississippi River. 
(c) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall submit to 
Congress a report on the activities carried out by the Sec-
retary under this section. 
SEC. 6. CORPS OF ENGINEERS FLEXIBILITY IN MAINTAIN-
ING NAVIGATION. 
(a) IN GENERAL.—If the Secretary determines it to 
be critical to maintaining safe and reliable navigation, the 
Secretary— 
(1) in consultation with the department in 
which the Coast Guard is operating, may construct 
ingress and egress paths to docks, loading facilities, 
fleeting areas, and other critical locations outside of 
the authorized navigation channel on the Mississippi 
River; and 
(2) operate and maintain, through dredging and 
construction of river training structures, ingress and 
egress paths to loading docks and fleeting areas out-
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side of the authorized navigation channel on the 
Mississippi River. 
(b) MITIGATION.—The Secretary may mitigate 
through dredging any incidental impacts to loading or 
fleeting areas outside of the authorized navigation channel 
on the Mississippi River that result from operation and 
maintenance of the authorized channel. 
SEC. 7. MIDDLE MISSISSIPPI RIVER ENVIRONMENTAL 
PILOT PROGRAM. 
(a) IN GENERAL.—In accordance with the project for 
navigation, Mississippi River between the Ohio and Mis-
souri Rivers (Regulating Works), Missouri and Illinois, 
authorized by the Act of June 25, 1910 (36 Stat. 631, 
chapter 382) (commonly known as the ‘‘River and Harbor 
Act of 1910’’), the Act of January 1, 1927 (44 Stat. 1010, 
chapter 47) (commonly known as the ‘‘River and Harbor 
Act of 1927’’), and the Act of July 3, 1930 (46 Stat. 918, 
chapter 847), the Secretary shall carry out for a period 
of not less than 10 years, a pilot program to restore and 
protect fish and wildlife habitat in the middle Mississippi 
River. 
(b) AUTHORIZED ACTIVITIES.— 
(1) IN GENERAL.—As part of the pilot program 
carried out under subsection (a), the Secretary shall 
conduct any activities that are necessary to improve 
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navigation through the project while restoring and 
protecting fish and wildlife habitat in the middle 
Mississippi River. 
(2) INCLUSIONS.—Activities authorized under 
paragraph (1) shall include— 
(A) the modification of navigation training 
structures; 
(B) the modification and creation of side 
channels; 
(C) the modification and creation of is-
lands; 
(D) any studies and analyses necessary to 
develop adaptive management principles; and 
(E) the acquisition from willing sellers of 
any land associated with a riparian corridor 
needed to carry out the goals of the pilot pro-
gram. 
(c) COST-SHARING REQUIREMENT.—The cost-shar-
ing requirements under the provisions of law described in 
subsection (a) for the project described in that subsection 
shall apply to any activities carried out under this section. 
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
this Act such sums as are necessary. 
Æ 
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