I
104TH CONGRESS
1ST SESSION
H. R. 1260
To ensure equity in, and increased recreation and maximum economic benefits
from, the control of the water in the Missouri River system, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 16, 1995
Mr. JOHNSON of South Dakota (for himself, Mr. WILLIAMS, and Mr.
POMEROY) introduced the following bill; which was read twice and re-
ferred to the Committee on Transportation and Infrastructure
A BILL
To ensure equity in, and increased recreation and maximum
economic benefits from, the control of the water in the
Missouri River system, 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 ‘‘Missouri River Water
Control Equity Act’’.
SEC. 2. FINDINGS.
Congress finds that—
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(1) gross revenues from recreation on the Mis-
souri River system are estimated by the Army Corps
of Engineers to be $77,000,000 annually;
(2) gross revenues from navigation on the Mis-
souri River system are estimated by the Army Corps
of Engineers to be $15,000,000 annually;
(3) barge traffic produces only 1 percent of the
annual net revenue that derives from the operation
of the Missouri River system;
(4) the Army Corps of Engineers requires
18,000,000 acre-feet of water to remain in the res-
ervoirs of the Missouri River system;
(5) maximum economic benefits for the Mis-
souri River system are estimated by the Army Corps
of Engineers to be achieved if 44,000,000 acre-feet
of water are maintained in the reservoirs of the Mis-
souri River system;
(6) the recreation industry along the Missouri
River has been stifled by drawdowns of the res-
ervoirs of the Missouri River system during drought
periods;
(7) barge traffic on the Missouri River has
steadily decreased since 1977 so that currently the
quantity of cargo shipped on the Missouri River is
only 1,400,000 tons annually;
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(8) the States of Missouri, Iowa, Kansas, and
Nebraska receive 68 percent of the total economic
benefits of the Missouri River system; and
(9) the States of Montana, North Dakota,
South Dakota, and Wyoming receive only 32 percent
of the total economic benefits of the Missouri River
system.
SEC. 3. PURPOSES.
The purposes of this Act are—
(1) to ensure that the States of Montana,
North Dakota, South Dakota, and Wyoming receive
an equitable portion of the economic benefits from
the operation of the Missouri River system;
(2) to encourage the development of the recre-
ation industry along the Missouri River;
(3) to maximize the economic benefits to the
United States of the operation of the Missouri River
system; and
(4) to phase out navigation, which is the least
productive use of the Missouri River system, in
order to increase the productivity of other competing
uses of the system such as hydropower and flood
protection.
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SEC. 4. MINIMUM POOL LEVELS.
(a) MISSOURI RIVER SYSTEM.—The Secretary of the
Army, acting through the Assistant Secretary of the Army
having responsibility for civil works (referred to in this Act
as the ‘‘Secretary’’), shall not permit the permanent pool
levels in the Missouri River system to fall below
44,000,000 acre-feet at any time unless the Secretary
makes a finding that a lower level is required to provide
necessary—
(1) emergency flood control to protect human
life and property;
(2) hydropower; or
(3) water supply.
(b) FORT PECK LAKE.—The Secretary shall not per-
mit the permanent pool level in Fort Peck Lake to fall
below 12,000,000 acre-feet (which is equivalent to an ele-
vation of 2,220 feet) at any time unless the Secretary
makes a finding that a lower level is required to provide
necessary—
(1) emergency flood control to protect human
life and property;
(2) hydropower; or
(3) water supply.
SEC. 5. NAVIGATION DEAUTHORIZED.
(a) TRANSITION PROVISION.—The Secretary shall
decrease the length of the first navigation season that be-
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gins after the date of enactment of this Act, and each
navigation season thereafter, by 30 days from the length
of the previous navigation season, until such time as the
navigation season for the Missouri River is eliminated.
(b) PROHIBITION.—Beginning on the day after the
end of the last navigation season under subsection (a), the
Secretary may not authorize a program, project, or activ-
ity that involves navigation on the Missouri River.
SEC. 6. MITIGATION OF EROSION.
(a) IN GENERAL.—Not later than January 1, 1997,
the Secretary shall develop and implement a plan to miti-
gate streambank and reservoir erosion caused by the oper-
ation of the Missouri River system.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out the plan
developed under subsection (a) $20,000,000 for each fiscal
year.
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