I
106TH CONGRESS
2D SESSION
H. R. 4754
To provide additional authority to the Army Corps of Engineers to protect,
enhance, and restore fish and wildlife habitat on the Missouri River
and to improve the environmental quality and public use and appreciation
of the Missouri River.
IN THE HOUSE OF REPRESENTATIVES
JUNE 26, 2000
Ms. MCCARTHY of Missouri (for herself, Ms. DANNER, and Mr. SKELTON) in-
troduced the following bill; which was referred to the Committee on Re-
sources, and in addition to the Committee on Transportation and Infra-
structure, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To provide additional authority to the Army Corps of Engi-
neers to protect, enhance, and restore fish and wildlife
habitat on the Missouri River and to improve the envi-
ronmental quality and public use and appreciation of
the Missouri River.
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 ‘‘Missouri River Valley
Improvement Act’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) Lewis and Clark were pioneering naturalists
that recorded dozens of species previously unknown
to science while ascending the Missouri River in
1804;
(2) the Missouri River, which is 2,321 miles
long, drains 1⁄6 of the United States, is home to ap-
proximately 10,000,000 people in 10 States and 28
Native American tribes, and is a resource of incalcu-
lable value to the United States;
(3) the construction of dams, levees, and river
training structures in the past 150 years has aided
navigation, flood control, and water supply along the
Missouri River, but has reduced habitat for native
river fish and wildlife;
(4) river organizations, including the Missouri
River Basin Association, support habitat restoration,
riverfront revitalization, and improved operational
flexibility so long as these efforts do not significantly
interfere with uses of the Missouri River; and
(5) restoring a string of natural places by the
year 2004 would aid native river fish and wildlife,
reduce flood losses, enhance recreation and tourism,
and celebrate the bicentennial of Lewis and Clark’s
voyage.
(b) PURPOSES.—The purposes of this Act are—
(1) to protect, restore, and enhance the fish,
wildlife, and plants, and the associated habitats on
which they depend, of the Missouri River;
(2) to restore a string of natural places that aid
native river fish and wildlife, reduce flood losses, and
enhance recreation and tourism;
(3) to revitalize historic riverfronts to improve
quality of life in riverside communities and attract
recreation and tourism;
(4) to monitor the health of the Missouri River
and measure biological, chemical, geological, and
hydrological responses to changes in Missouri River
management;
(5) to allow the Army Corps of Engineers in-
creased authority to restore and protect fish and
wildlife habitat on the Missouri River;
(6) to protect and replenish cottonwoods, and
their associated riparian woodland communities,
along the upper Missouri River; and
(7) to educate the public about the economic,
environmental, and cultural importance of the Mis-
souri River and the scientific and cultural discoveries
of Lewis and Clark.
SEC. 3. DEFINITIONS.
In this Act:
(1) MISSOURI
RIVER.—The term ‘‘Missouri
River’’ means the Missouri River and the adjacent
floodplain that extends from the mouth of the Mis-
souri River (RM 0) to the confluence of the Jeffer-
son, Madison, and Gallatin Rivers (RM 2341) in the
State of Montana.
(2) MISSOURI RIVER BASIN STATE.—The term
‘‘Missouri River basin State’’ means the State of
Iowa, Kansas, Missouri, Montana, Nebraska, North
Dakota, or South Dakota.
SEC. 4. AUTHORITY TO PROTECT, ENHANCE, AND RESTORE
FISH AND WILDLIFE HABITAT.
Section 9(b) of the Act entitled ‘‘An Act authorizing
the construction of certain public works on rivers and har-
bors for flood control, and for other purposes’’, approved
December 22, 1944 (commonly known as the ‘‘Flood Con-
trol Act of 1944’’) (58 Stat. 891), is amended—
(1) by striking ‘‘(b) The general’’ and inserting
the following:
‘‘(b) COMPREHENSIVE PLAN.—
‘‘(1) IN GENERAL.—The general’’;
(2) by striking ‘‘paragraph’’ and inserting ‘‘sub-
section’’; and
(3) by adding at the end the following:
‘‘(2) FISH AND WILDLIFE HABITAT.—In addi-
tion to carrying out the duties under the comprehen-
sive plan described in paragraph (1), the Chief of
Engineers shall protect, enhance, and restore fish
and wildlife habitat on the Missouri River to the ex-
tent consistent with other authorized project pur-
poses.’’.
SEC. 5. INTEGRATION OF ACTIVITIES.
(a) IN GENERAL.—In carrying out this Act and in
accordance with subsection (b), the Secretary of the Army
shall provide for such activities as are necessary to protect
and enhance fish and wildlife habitat without adversely
affecting—
(1) the water-related needs of the Missouri
River basin, including flood control, navigation, hy-
dropower, water supply, and recreation; and
(2) private property rights.
(b) NEW AUTHORITY.—Nothing in this Act confers
any new regulatory authority on any Federal or non-Fed-
eral entity that carries out any activity under this Act.
SEC. 6. ACQUISITION OF LAND FOR THE NATIONAL WILD-
LIFE REFUGE SYSTEM.
(a) IN GENERAL.—Not later than 2 years after the
date of enactment of this Act, in each Missouri River basin
State for which the Governor consents to the study under
subsection (b), the Secretary of the Interior shall conduct
a study of the Missouri River to examine the needs and
opportunities for acquisition of land surrounding the Mis-
souri River for inclusion in the National Wildlife Refuge
System.
(b) STATE PARTICIPATION.—
(1) IN GENERAL.—Not later than 90 days after
the date of enactment of this Act, the Secretary of
the Interior shall submit to the Governor of each
Missouri River basin State a written request that
the State participate in the study under subsection
(a).
(2) RESPONSE
OF
GOVERNOR.—As soon as
practicable after the date on which a Governor of a
Missouri River basin State receives a request under
paragraph (1), the Governor shall submit to the Sec-
retary of the Interior written consent for the State
to participate in the study under subsection (a) if
the Governor determines that the State should par-
ticipate in the study.
(c) NEW REFUGE LAND.—Any acquisition of new
land for inclusion in the National Wildlife Refuge System
resulting from the study under subsection (a) shall be—
(1) conducted using acquisition authorities and
procedures in effect on the date of enactment of this
Act;
(2) from willing sellers only; and
(3) preceded by an evaluation of any impact of
the new land on other authorized project purposes of
the Missouri River main stem system as identified in
the Act entitled ‘‘An Act authorizing the construc-
tion of certain public works on rivers and harbors
for flood control, and for other purposes’’, approved
December 22, 1944 (commonly known as the ‘‘Flood
Control Act of 1944’’) (58 Stat. 891).
SEC. 7. MISSOURI RIVER MITIGATION PROJECT.
The matter under the heading ‘‘MISSOURI
RIVER
MITIGATION, MISSOURI, KANSAS, IOWA, AND NEBRASKA’’
of section 601(a) of the Water Resources Development Act
of 1986 (100 Stat. 4143) is amended by adding at the
end the following: ‘‘There is authorized to be appropriated
to carry out this paragraph $20,000,000 for each of fiscal
years 2001 through 2010.’’.
SEC. 8. UPPER MISSOURI RIVER AQUATIC AND RIPARIAN
HABITAT MITIGATION PROGRAM.
(a) IN GENERAL.—
(1) STUDY.—Not later than 2 years after the
date of enactment of this Act, the Secretary of the
Army, through an interagency agreement with the
Director of the United States Fish and Wildlife
Service and in accordance with the Fish and Wildlife
Conservation Act of 1980 (16 U.S.C. 2901 et seq.),
shall complete a study that—
(A) analyzes any adverse effects on aquatic
and riparian-dependent fish and wildlife result-
ing from the operation of the Missouri River
Mainstem Reservoir Project in the States of
Nebraska, South Dakota, North Dakota, and
Montana;
(B) recommends measures appropriate to
mitigate the adverse effects described in sub-
paragraph (A); and
(C) develops baseline geologic and hydro-
logic data relating to aquatic and riparian habi-
tat.
(2) REPORT.—Not later than 2 years after the
date of enactment of this Act, the Secretary of the
Army shall submit to Congress a report describing
the results of the study under paragraph (1).
(b) PILOT PROGRAM.—The Secretary of the Army,
in consultation with the Director of the United States Fish
and Wildlife Service and the affected State fish and wild-
life agencies, shall develop and administer a pilot mitiga-
tion program that—
(1) involves the experimental releases of warm
water from the spillways at Fort Peck Dam during
the appropriate spawning periods for native fish;
(2) involves the monitoring of the response of
fish to and the effectiveness of the preservation of
native fish and wildlife habitat of the releases de-
scribed in paragraph (1); and
(3) shall not adversely impact a use of the res-
ervoir existing on the date the pilot program is im-
plemented.
(c) RESERVOIR FISH LOSS STUDY.—
(1) IN GENERAL.—Not later than 2 years after
the date of enactment of this Act, the Secretary of
the Army, in consultation with the North Dakota
Game and Fish Department and the South Dakota
Department of Game, Fish and Parks, shall com-
plete a study to analyze and recommend measures to
avoid or reduce the loss of fish, including rainbow
smelt, through Garrison Dam in North Dakota and
Oahe Dam in South Dakota.
(2) REPORT.—Not later than 2 years after the
date of enactment of this Act, the Secretary of the
Army shall submit to Congress a report describing
the results of the study under paragraph (1).
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary of the
Army—
(1) to complete the study required under sub-
section (c), $200,000; and
(2) to carry out the other provisions of this sec-
tion, $1,000,000 for each of fiscal years 2001
through 2010.
SEC. 9. MISSOURI AND MIDDLE MISSISSIPPI RIVERS EN-
HANCEMENT PROJECT.
Section 514 of the Water Resources Development Act
of 1999 (113 Stat. 342) is amended by striking subsection
(g) and inserting the following:
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated to pay the Federal share
of the cost of carrying out activities under this section
$5,000,000 for each of fiscal years 2002 through 2010.’’.
SEC. 10. RIVERFRONT REVITALIZATION.
Section 11(b) of the Wild and Scenic Rivers Act (16
U.S.C. 1282(b)) is amended—
(1) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(2) by inserting after paragraph (2) the fol-
lowing:
‘‘(3) MISSOURI RIVER.—
‘‘(A) IN GENERAL.—The Secretary of the
Interior, acting through the Director of the Riv-
ers and Trails Conservation Assistance Pro-
gram of the National Park Service, shall, if re-
quested, work with riverside communities to de-
velop projects to revitalize historic riverfronts,
including—
‘‘(i) the communities of—
‘‘(I) Saint Charles, Missouri;
‘‘(II) Kansas City, Missouri/Kan-
sas City, Kansas;
‘‘(III) Saint Joseph, Missouri;
‘‘(IV) Omaha, Nebraska;
‘‘(V) Council Bluffs, Iowa;
‘‘(VI) Sioux City, Iowa/South
Sioux City, Nebraska;
‘‘(VII) Yankton, South Dakota;
‘‘(VIII) Pierre, South Dakota/
Fort Pierre, South Dakota;
‘‘(IX) Bismarck, North Dakota;
‘‘(X) Fort Peck, Montana;
‘‘(XI) Leavenworth, Kansas;
‘‘(XII) Atchison, Kansas; and
‘‘(XIII) Riverside Tribal Commu-
nities; and
‘‘(ii) any other community along the
Missouri River that requests such a
project.
‘‘(B) FUNDING.—
‘‘(i) AUTHORIZATION OF APPROPRIA-
TIONS.—There is authorized to be appro-
priated to the Secretary of the Interior to
carry out this paragraph $15,000,000.
‘‘(ii) 
LIMITATION
ON
SHARE
OF
COSTS.—The Federal share of costs associ-
ated with any single project described in
this paragraph shall not exceed 25 percent
of the total cost of that project.
‘‘(iii) NO FUNDS FOR OPERATION OR
MAINTENANCE.—The Secretary of the In-
terior shall provide no funds for the oper-
ation and maintenance of a project under
this paragraph.’’.
SEC. 11. COTTONWOOD PROTECTION STUDY.
(a) IN GENERAL.—The Secretary of the Interior, act-
ing through the Commissioner of the Bureau of Reclama-
tion and in consultation with the Secretary of the Army,
shall complete a study to evaluate opportunities to protect
and replenish cottonwoods in the associated riparian wood-
land communities along the Missouri River between Fort
Benton and Fort Peck Reservoir, Montana, in accordance
with the Water Resources Research Act of 1984 (42
U.S.C. 10301 et seq.).
(b) EVALUATION.—The study shall include an eval-
uation of cottonwood reproduction, including the relation-
ship of cottonwood reproduction to—
(1) native fish and other river wildlife, including
competition from nonnative species;
(2) flood losses;
(3) water supply needs;
(4) recreation; and
(5) main stem and tributary dam operations.
(c) REPORT.—Not later than July 31, 2002, the Sec-
retary of the Interior shall submit to Congress a report
describing the results of the study under this section.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary of the Inte-
rior to carry out this section $1,000,000.
SEC. 12. LONG-TERM MONITORING PROGRAM.
(a) ESTABLISHMENT.—The Secretary of the Army
and the Secretary of the Interior, in consultation with the
Director of the United States Geological Survey, shall es-
tablish a program at the River Studies Center of the Bio-
logical Resources Division of the United States Geological
Survey, located in Columbia, Missouri, to determine and
monitor the geological, hydrological, biological, and chem-
ical characteristics of the Missouri River in accordance
with title I of the Department of the Interior and Related
Agencies Appropriations Act, 1997 (43 U.S.C. 31j).
(b) PROGRAM.—Not later than 2 years after the date
of enactment of this Act, the Secretary of the Interior
shall develop a program to monitor and assess the biota,
including threatened or endangered species, habitats, and
water quality of the Missouri River, in consultation with—
(1) the Governors of affected States, acting
through—
(A) the Missouri River Natural Resources
Committee; and
(B) 1 representative appointed by each
Governor;
(2) the Secretary of Agriculture;
(3) the Secretary of the Army;
(4) the Western Area Power Administration;
(5) the Administrator of the Environmental
Protection Agency; and
(6) the Missouri River Basin Tribes.