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 Infrastruc-
ture, 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 con-
cerned 
A BILL 
To revitalize the Mississippi 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Mississippi River Protection and Restoration Act of 
2004’’. 
(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.
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. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) The Mississippi River is a nationally-signifi-
cant social, cultural, economic, and environmental 
resource. 
(2) Millions of jobs depend upon the economic 
and environmental health of the Mississippi River. 
(3) The Mississippi River is slowly losing wild-
life habitats that support hundreds of wildlife spe-
cies. 
(4) Hundreds of communities are reconnecting 
to the Mississippi River. 
(5) Direct discharges and runoff into the Mis-
sissippi River are contributing to local and regional 
water quality problems. 
(b) PURPOSES.—The purposes of this Act are the fol-
lowing: 
(1) To protect and restore the Mississippi 
River. 
(2) To protect and increase the number of jobs 
which depend upon the health of the Mississippi 
River.
(3) To help communities reconnect to the Mis-
sissippi River. 
(4) To protect and restore habitat. 
(5) To use science to aid habitat restoration 
and water quality enhancement efforts. 
SEC. 3. SECRETARY DEFINED. 
In this Act, the term ‘‘Secretary’’ means the Sec-
retary of the Army. 
SEC. 4. ENVIRONMENTAL MANAGEMENT PROGRAM. 
(a) MAINTENANCE.—Section 1103(d)(3) of such Act 
is amended by inserting at the end the following: ‘‘and 
the maintenance of completed projects on Federal lands.’’. 
(b) RANKING SYSTEM.—Section 1103(e)(1) of such 
Act is amended— 
(1) in subparagraph (B) by striking ‘‘technical’’ 
and inserting ‘‘science’’; 
(2) at the end of subparagraph (B) by inserting 
the following: ‘‘The advisory committee shall include 
scientists, hydrologists, and engineers and shall re-
view and provide public comment on project criteria, 
selection, and sequencing.’’; and 
(3) by adding at the end the following: 
‘‘(C) PROJECT RANKINGS.—The Secretary 
shall, in consultation with the Independent 
Technical Advisory Committee and the National
Academy of Sciences, develop a system to rank 
proposed projects. The ranking system shall 
give greater weight to projects that restore nat-
ural river processes, including dam reforms, 
levee modification and removal, and training 
structure modification and removal.’’. 
(c) FUNDING
LEVELS.—Section 1103(e) of the 
Water Resources Development Act of 1986 (33 U.S.C. 
652(e)) is amended as follows: 
(1) In paragraph (3)— 
(A) by striking ‘‘$22,750,000’’ and insert-
ing ‘‘$80,000,000’’; 
(B) by inserting at the end the following: 
‘‘For the purposes of carrying out paragraph 
(1)(A) of this subsection, there is authorized to 
be appropriated to the Secretary $35,000,000 
per fiscal year, to purchase floodplain land from 
willing sellers.’’; and 
(C) by striking ‘‘thereafter’’ and inserting 
‘‘until the Trust Fund created in section 5 of 
the Mississippi River Protection Act of 2004 
reaches $2,500,000,000’’. 
(2) 
In 
paragraph 
(4), 
by 
striking 
‘‘$10,420,000’’ and inserting ‘‘$20,000,000’’.
(3) By striking paragraph (7)(A) and inserting 
the following: 
‘‘(7)(A) The costs of each project carried out 
pursuant to paragraph (1)(A), including the costs of 
land acquisition, shall be a Federal responsibility. A 
non-Federal sponsor shall share 35 percent of the 
cost of projects constructed on private land.’’. 
(d) RECREATIONAL PROJECTS.—Section 1103(f)(2) 
of such Act is amended— 
(1) by striking ‘‘$500,000’’ and inserting 
‘‘$10,000,000’’; 
(2) by adding at the end the following: ‘‘The 
Secretary may share the cost of riverfront projects, 
including trails, parks, interpretive sites, and green-
ways.’’; and 
(3) by striking ‘‘thereafter’’ and inserting ‘‘until 
the trust fund created in section 5 of the Mississippi 
River Protection and Restoration Act of 2004 
reaches $2,500,000,000’’. 
(e) RESERVATION.—Section 1103 of such Act is 
amended by adding at the end the following: 
‘‘(k) FUNDING.—One-half of the funds annually ap-
propriated to operate and maintain the Upper Mississippi 
River and Illinois Waterway under section 102 of the 
Water Resources Development Act of 1986 shall be re-
served to carry out subsections (e), (f), and (h) of section 
1103 of such Act.’’. 
SEC. 5. UPPER MISSISSIPPI RIVER TRUST FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund to be known as the 
‘‘Upper Mississippi River Trust Fund’’ (referred to in this 
section as the ‘‘Fund’’). 
(b) FEDERAL
FUNDING.—Until the aggregate 
amount deposited in the Fund under this subsection is 
equal to at least $2,500,000,000, the Secretary of the 
Treasury shall transfer $100,000,000 from the general 
treasury to the Fund for fiscal year 2005 and each fiscal 
year thereafter. 
(c) NON-FEDERAL FUNDING.—Non-federal funding 
may also be contributed to the Fund established in sub-
section (a). 
(d) CREATION OF A NON-PROFIT CORPORATION.— 
(1) IN GENERAL.—There is established a chari-
table and non-profit corporation to administer the 
funds provided by this section, and to encourage, ac-
cept, and administer private gifts for the purpose of 
protecting and restoring the natural resources of the 
Upper Mississippi River and its floodplain.
(2) MEMBERS OF BOARD OF TRUSTEES.—The 
Board of Trustees shall be made up of 11 members 
appointed by the President and shall include: 
(A) One representative from each of the 
States of Minnesota, Wisconsin, Illinois, Iowa, 
and Missouri. 
(B) Six representatives of non profit orga-
nizations dedicated to the protection and res-
toration of the environment or other persons 
who have demonstrated commitment to the en-
vironmental health and expertise related to the 
Upper Mississippi River. 
(C) The chairman shall be elected by the 
trustees from its members for a 1-year term. 
(D) A majority of the current membership 
of the Trustees shall constitute a quorum for 
the transaction of business. 
(E) One ex-officio representative of the 
U.S. Fish and Wildlife Service. 
(F) One ex-officio representative of the 
U.S. Army Corps of Engineers. 
(G) One ex-officio representative of the 
U.S. Environmental Protection Agency.
(H) One ex-officio representative of the 
Natural Resources Conservation Service of the 
U.S. Department of Agriculture. 
(3) TERM.—A member of the Board of Trust-
ees shall serve a 5 year, nonrenewable term. 
(4) GENERAL POWERS.—The Board of Trustees 
shall meet semi-annually to— 
(A) allocate the funds annually provided by 
subparagraph (f); 
(B) solicit, accept, and use any gift or real 
or personal property or any income or interest 
therefrom; 
(C) acquire by purchase or exchange any 
real or personal property or interest therein; 
(D) enter into contracts as may be nec-
essary to carry out its functions; and 
(E) appoint officers and employees, adopt 
bylaws, and undertake other such acts as may 
be necessary to carry out the provisions of this 
section. 
(e) INVESTMENTS.— 
(1) IN GENERAL.—The Secretary of the Treas-
ury shall invest the amounts deposited under sub-
sections (b) and (c) only in interest bearing obliga-
tions of the United States or in obligations guaran-
teed by the United States as to both principal and 
interest. 
(2) INTEREST
RATE.—The Secretary of the 
Treasury shall invest the amounts in the fund in ob-
ligation that carry the highest rate of interest among 
available obligations of the required maturity. 
(f) PAYMENTS.—All amounts annually credited as in-
terest under subsection (e) shall be available, without fis-
cal year limitation, to the trust established under sub-
section (d) after the Fund has been fully capitalized. 
(g) USE OF FUNDS.—The trust established in sub-
section (d) may use funds transferred under subsection 
(f) for the following: 
(1) Aquatic habitat restoration. 
(2) Floodplain habitat restoration, including the 
acquisition of land in fee title from willing sellers. 
(3) Not less than 5 percent of the funds gen-
erated under subsection (f) shall be used to revitalize 
riverfronts. 
(4) Such sums as are necessary to administer 
the Fund, including professional staff and the reim-
bursement of the expenses of Trustees. 
(h) SCIENCE ADVISORY BOARD.—The Science Advi-
sory Board established by section 509(a) of the Water Re-
sources Development Act of 1999 shall annually review
and comment on the projects proposed by the Board of 
Trustees. 
(i) CONSISTENCY.—Nothing in this section shall con-
fer any new regulatory authority on any Federal or non- 
Federal entity, and the funds used pursuant to subsection 
(g) shall be subject to all applicable laws and regulations. 
SEC. 6. SYSTEM MAINTENANCE. 
(a) IN GENERAL.—The Secretary shall use the funds 
provided by section 102 of Public Law 99–662 (33 U.S.C. 
2212) to conduct maintenance activities consistent with 
the needs of the environment, including the following: 
(1) Water level management. 
(2) Gate adjustments. 
(3) Wingdam/dike field modifications. 
(4) Spillway modifications. 
(5) Abandoned barge removal. 
(6) Mooring buoys. 
(7) Forestry management. 
(8) Systemic fleeting plan. 
(9) Fish passage. 
(10) Other measures that the Secretary deter-
mines will reduce the impacts of waterway manage-
ment and barge movements on aquatic and flood-
plain habitat.
(b) WATER LEVEL MANAGEMENT.—Section 102 of 
Public Law 99–662 (33 U.S.C. 2212) is amended by in-
serting the following: ‘‘The Secretary shall provide 100 
percent of the cost of dredging required to manage water 
levels to improve the environment.’’. 
(c) DREDGED MATERIAL PLACEMENT.—Section 204 
of Public Law 102–580 is amended by inserting the fol-
lowing: ‘‘The Secretary shall develop and implement at full 
Federal expense a plan to dispose or reuse dredged mate-
rial from the Upper Mississippi River to eliminate all 
harmful impacts on floodplain and aquatic habitat.’’. 
(d) WATER LEVEL MANAGEMENT STUDY.—Not later 
than 6 months after the date of enactment of this Act, 
the Secretary shall assess the opportunities for water level 
management that benefits fish and wildlife consistent with 
commercial navigation. 
SEC. 7. LOWER MISSISSIPPI RIVER RESOURCE ASSESS-
MENT. 
Section 402 of the Water Resources Development Act 
of 2000 (114 Stat. 2633) is amended— 
(1) by striking subsection (b) and (c) and in-
serting the following: 
‘‘(b) ASSESSMENTS.—Not later than June 30, 2004, 
the Secretary shall submit the assessments described in 
subsection (a) to the appropriate committees of Congress,
including planning, construction, and enhancement meas-
ures needed to meet habitat needs. 
‘‘(c) DEMONSTRATION PROJECTS.—To assist in the 
assessment, the Secretary may implement the following 
demonstration projects at Federal expense prior to the 
completion of the report under subsection (b).’’ 
(2) by striking subsection (e) and inserting the 
following: 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated— 
‘‘(1) $2,000,000 for the assessment described in 
subsection (b); and 
‘‘(2) 
$15,000,000 
for 
the 
demonstration 
projects described in subsection (c).’’. 
SEC. 8. FLOOD MITIGATION. 
(a) Section 212(i)(1) of the Water Resources Devel-
opment Act of 1999 (33 U.S.C. 2332(i)(1); 113 Stat. 291) 
is amended to read as follows: 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated $100,000,000 to carry out this section 
for fiscal years 2005 through 2014.’’. 
SEC. 9. HAZARD MITIGATION. 
(a) 
INCREASED
FEDERAL
SHARE.—Section 
322(e)(1) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5165(e)(1)) is
amended by striking ‘‘20 percent’’ and inserting ‘‘30 per-
cent.’’. 
(b) LIMITATION ON TOTAL AMOUNT OF FEDERAL 
CONTRIBUTIONS.—Section 404(a) of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5170c(a)) is amended by striking ‘‘15 percent of 
the estimated aggregate amount of grants to be made (less 
any associated administrative costs)’’ and inserting ‘‘25 
percent of the estimated aggregate amount of grants to 
be made’’. 
SEC. 10. GULF HYPOXIA RESEARCH, COORDINATION, AND 
MONITORING. 
(a) 
ESTABLISHMENT.—To 
implement 
the 
rec-
ommendations of the Mississippi River/Gulf of Mexico Wa-
tershed Nutrient Task Force, the Secretary shall establish 
at the Waterways Experiment Station in Vicksburg, Mis-
sissippi, a program to coordinate monitoring and research 
in the Mississippi River basin. 
(b) MONITORING COORDINATION.—The Secretary 
shall administer and coordinate programs to identify the 
sources of nutrients in the Gulf of Mexico, including the 
programs authorized by sections 16 and 17 of this title 
and the program authorized by section 304 of the Water 
Resources Development Act of 2000 and other programs
authorized to monitor sediment and nutrient loadings into 
the Mississippi River. 
(c) RESEARCH COORDINATION.—The Secretary, in 
collaboration with the Secretary of Commerce, shall ad-
minister and coordinate research efforts. 
(d) SUB-BASIN NUTRIENT MONITORING AND MOD-
ELING.—Pursuant to section 403 of the Water Resources 
Development Act of 2000, the Secretary shall develop sedi-
ment and nutrient studies for the following sub-basins of 
the Mississippi River basin: 
(1) Missouri River basin. 
(2) Ohio River basin. 
(3) Tennessee River basin. 
(4) Arkansas River basin. 
(5) Lower Mississippi River basin. 
(e) SUB-BASIN
COLLABORATION.—The Secretary 
shall establish and coordinate sub-basin commissions in 
each of the following sub-basins to develop and implement 
long-term nutrient reduction strategies: 
(1) Missouri River basin. 
(2) Upper Mississippi River basin. 
(3) Ohio River basin. 
(4) Tennessee River basin. 
(5) Arkansas River basin. 
(6) Lower Mississippi River basin.
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $250,000,000 for each 
of fiscal years 2003 through 2012 to carry out this sec-
tion. 
SEC. 
11. 
WETLAND 
RESTORATION 
DEMONSTRATION 
PROJECTS. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a consortium of universities from States throughout the 
Mississippi River Basin to demonstrate the full range of 
wetland values and functions, including floodplain wet-
lands in the Lower Mississippi River floodplain, to reduce 
nutrient loadings to the Gulf of Mexico and to sequester 
carbon. 
(b) REPORT.—The Secretary shall annually report on 
the success of demonstration projects undertaken pursu-
ant to this section. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $10,000,000 for each 
of the fiscal years 2004 through 2012 to carry out this 
section. 
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