Directs the Secretary of the Army (at a specified cost of Treasury funds to be matched by the Inland Waterways Trust Fund, which is paid by private users) to: (1) construct mooring facilities at Locks 12, 14, 18, 20, 22, 24, and LaGrange Lock, provide switch boats at Locks 20 through 25 over five years for project operation, and conduct development and testing of an appointment scheduling system; (2) construct new 1,200-foot locks at Locks 20, 21, 22, 24, and 25 on the Upper Mississippi River and at LaGrange Lock and Peoria Lock on the Illinois Waterway; and (3) conduct mitigation for new locks and small scale and nonstructural measures authorized under this Act.
Directs the Secretary to modify the operation of the Upper Mississippi River and Illinois Waterway System to address the cumulative environmental impacts of operation of the system and improve the ecological integrity of the Upper Mississippi River and Illinois River.
Directs the Secretary to carry out ecosystem restoration projects to attain and maintain the ecosystem of the Upper Mississippi River and Illinois River in accordance with the general framework outlined in the preferred integrated plan contained in the Integrated Feasibility Report and Programmatic Environmental Impact Statement for the UMR-IWW System Navigation Feasibility System, dated April 29, 2004. Lists projects that may be included, such as island building, floodplain restoration, and land acquisition.
Directs the Secretary to: (1) submit implementation reports to specified congressional committees; and (2) appoint and convene an advisory panel.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2470 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2470
To enhance navigation capacity improvements and the ecosystem
restoration plan for the Upper Mississippi River and Illinois Waterway
System.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 20, 2004
Mr. Bond (for himself, Mr. Harkin, Mr. Durbin, Mr. Talent, Mr.
Grassley, Mr. Coleman, Mr. Fitzgerald and Mr. Pryor) introduced the
following bill; which was read twice and referred to the Committee on
Envirionment and Public Works
_______________________________________________________________________
A BILL
To enhance navigation capacity improvements and the ecosystem
restoration plan for the Upper Mississippi River and Illinois Waterway
System.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress finds that--
(1) in section 1103(a)(2) of the Water Resources
Development Act of 1986 (100 Stat. 4225), Congress recognized
the Upper Mississippi River System as ``a nationally
significant ecosystem and a nationally significant commercial
navigation system'' and declared that the system ``shall be
administered and regulated in recognition of its several
purposes'';
(2) inaction on construction of new locks will lead to
economic decline, and inaction on implementation of an enhanced
ecosystem restoration program will lead to further
environmental decline;
(3) the Upper Mississippi River and Illinois Waterway carry
approximately 60 percent of the corn exports of the United
States and 45 percent of the soybean exports of the United
States, providing a significant positive balance of trade
benefit for the Nation;
(4) the movement of more than 100,000,000 tons of product
supports 400,000 full- and part-time jobs in the United States,
generating over $4,000,000,000 in income and $12,000,000,000 to
$15,000,000,000 in economic activity;
(5) Midwestern utilities use coal, the second largest
category of cargo shipped on the Upper Mississippi River
System, to produce cost-efficient energy;
(6) keeping the cost of transportation lower through
competition between transportation modes is the United States
farmer's competitive advantage in capturing future global
growth in agricultural exports;
(7) United States farm and trade policies work to open
world markets and promote United States exports, and water
resource policy has provided a low-cost transportation
alternative to other modes;
(8) the Department of Agriculture projects that corn
exports will grow 44 percent over the next decade, with a \1/3\
increase in growth exported through the Gulf of Mexico;
(9) those transportation savings--
(A) provide higher income to farmers and rural
communities; and
(B) generate Federal and State taxes to support
community activities, quality of life, and national
benefits;
(10) the construction of new 1,200-foot locks and lock
extensions will provide more than 48,000,000 man-hours of
employment over 10 to 15 years;
(11) foreign competitors have worked over the last 10 years
to improve foreign transportation infrastructure to compete
more effectively with United States production;
(12) the inland waterway transportation system moves 16
percent of the freight in the United States for 2 percent of
the cost, including more than 100,000,000 tons on the Upper
Mississippi River System;
(13) the Department of Transportation projects that freight
congestion on the roads and rails in the United States will
double in the next 25 years and that water transportation will
need to play an increasing role in moving freight;
(14) the movement of 100,000,000 tons on the river system
in 4,400 15-barge tows out of harms way would require an
equivalent of 4,000,000 trucks or 1,000,000 rail cars moving
directly through our communities;
(15) econometric models are useful analytic tools to
provide valuable information, but are unable to account for
every market trend, development, and public policy impact;
(16) the current capacity of the Upper Mississippi River
System is--
(A) declining by 10 percent annually because of
unplanned closures of a 70-year old infrastructure; and
(B) reducing the potential for sustained growth;
(17) the current 600-foot lock system was designed for
steamboats, at a time when 4,000,000 tons moved on the
Mississippi River and a total of 2,000,000,000 bushels of corn
were produced nationally, compared to today, when 100,000,000
to 120,000,000 tons are shipped and the national production of
corn exceeds 10,000,000,000 bushels;
(18) the 600-foot locks at Locks and Dam Nos. 20, 21, 22,
24, and 25 on the Upper Mississippi River and LaGrange and
Peoria on the Illinois Waterway are operating at 80 percent
utilization and are unable to provide for or process
effectively the volatile growth of traditional export grain
markets;
(19) based on the current construction schedule of new
locks and dams on the inland system, lock modernization will
need to take place over 30 years, starting immediately, as an
imperative to avoid lost export grain sales and diminished
national competitiveness;
(20) the Corps of Engineers has been studying the needs for
national investments on the Upper Mississippi River System for
the last 15 years and has based initial recommendations on the
best available information and science;
(21) the Upper Mississippi and Illinois Rivers ecosystem
consists of hundreds of thousands of acres of bottomland
forests, islands, backwaters, side channels, and wetlands;
(22) the river ecosystem is home to 270 species of birds,
57 species of mammals, 45 species of amphibians and reptiles,
113 species of fish, and nearly 50 species of mussels;
(23) more than 40 percent of migratory waterfowl and
shorebirds in North America depend on the river for food,
shelter, and habitat during migration;
(24) the annual operation of the Upper Mississippi River
Basin needs to take into consideration opportunities for
ecosystem restoration;
(25) development since the 1930's has altered and reduced
the biological diversity of the large flood plain river systems
of the Upper Mississippi and Illinois Rivers;
(26) Congress recognizes the need for significant Federal
investment in the restoration of the Upper Mississippi and
Illinois River ecosystems;
(27) the Upper Mississippi River System provides important
economic benefits from recreational and tourist uses, resulting
in the basin's receiving more visitors annually than most
National Parks, with the ecosystems and wildlife being the main
attractions; and
(28) the Upper Mississippi River System--
(A) includes 284,688 acres of National Wildlife
Refuge land that is managed as habitat for migratory
birds, fish, threatened and endangered species, and a
diverse assortment of other species and related
habitats; and
(B) provides many recreational opportunities.
SEC. 2. ENHANCED NAVIGATION CAPACITY IMPROVEMENTS AND ECOSYSTEM
RESTORATION PLAN FOR THE UPPER MISSISSIPPI RIVER AND
ILLINOIS WATERWAY SYSTEM.
(a) Definitions.-- In this section:
(1) Plan.--The term ``Plan'' means the preferred integrated
plan contained in the document entitled ``Integrated
Feasibility Report and Programmatic Environmental Impact
Statement for the UMR-IWW System Navigation Feasibility
System'' and dated April 29, 2004.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(3) Upper mississippi river and illinois waterway system.--
The term ``Upper Mississippi River and Illinois Waterway
System'' means the projects for navigation and ecosystem
restoration authorized by Congress for--
(A) the segment of the Mississippi River from the
confluence with the Ohio River, River Mile 0.0, to
Upper St. Anthony Falls Lock in Minneapolis-St. Paul,
Minnesota, River Mile 854.0; and
(B) the Illinois Waterway from its confluence with
the Mississippi River at Grafton, Illinois, River Mile
0.0, to T.J. O'Brien Lock in Chicago, Illinois, River
Mile 327.0.
(b) Authorization of Construction of Navigation Improvements.--
(1) Small scale and nonstructural measures.--At a cost of
$24,000,000 in funds from the general fund of the Treasury, to
be matched in an equal amount from the Inland Waterways Trust
Fund (which is paid by private users), the Secretary shall--
(A) construct mooring facilities at Locks 12, 14,
18, 20, 22, 24, and LaGrange Lock;
(B) provide switchboats at Locks 20 through 25 over
5 years for project operation; and
(C) conduct development and testing of an
appointment scheduling system.
(2) New locks.--At a cost of $730,000,000 in funds from the
general fund of the Treasury, with an equal matching amount
provided from the Inland Waterways Trust Fund (which is paid by
the private users), the Secretary shall construct new 1,200-
foot locks at Locks 20, 21, 22, 24, and 25 on the Upper
Mississippi River and at LaGrange Lock and Peoria Lock on the
Illinois Waterway.
(3) Mitigation.--At a cost of $100,000,000 in funds from
the general fund of the Treasury, with an equal matching amount
provided from the Inland Waterway Trust Fund (which is paid by
private users), the Secretary shall conduct mitigation for new
locks and small scale and nonstructural measures authorized
under paragraphs (1) and (2).
(c) Ecosystem Restoration Authorization.--
(1) Operation.--To ensure the environmental sustainability
of the existing Upper Mississippi River and Illinois Waterway
System, the Secretary shall, consistent with requirements to
avoid any adverse effects on navigation, modify the operation
of the Upper Mississippi River and Illinois Waterway System to
address the cumulative environmental impacts of operation of
the system and improve the ecological integrity of the Upper
Mississippi River and Illinois River.
(2) Ecosystem restoration projects.--
(A) In general.--The Secretary shall, consistent
with requirements to avoid any adverse effects on
navigation, carry out ecosystem restoration projects to
attain and maintain the sustainability of the ecosystem
of the Upper Mississippi River and Illinois River in
accordance with the general framework outlined in the
Plan.
(B) Projects included.--Ecosystem restoration
projects may include--
(i) island building;
(ii) construction of fish passages;
(iii) floodplain restoration;
(iv) water level management (including
water drawdown);
(v) backwater restoration;
(vi) side channel restoration;
(vii) wing dam and dike restoration and
modification;
(viii) island and shoreline protection;
(ix) topographical diversity;
(x) dam point control;
(xi) use of dredged material for
environmental purposes;
(xii) tributary confluence restoration;
(xiii) spillway modification to benefit the
environment;
(xiv) land easement authority; and
(xv) land acquisition.
(C) Cost sharing.--
(i) In general.--Except as provided in
clause (ii), the Federal share of the cost of
carrying out an ecosystem restoration project
under this paragraph shall be 65 percent.
(ii) Exception for certain restoration
projects.--In the case of a project under this
paragraph for ecosystem restoration, the
Federal share of the cost of carrying out the
project shall be 100 percent if the project--
(I) is located below the ordinary
high water mark or in a connected
backwater;
(II) modifies the operation or
structures for navigation; or
(III) is located on federally owned
land.
(iii) Nongovernmental organizations.--
Nongovernmental organizations shall be eligible
to contribute the non-Federal cost-sharing
requirements applicable to projects under this
paragraph.
(D) Land acquisition.--The Secretary may acquire
land or an interest in land for an ecosystem
restoration project from a willing owner through
conveyance of--
(i) fee title to the land; or
(ii) a flood plain conservation easement.
(3) Specific projects authorization.--
(A) In general.--Subject to subparagraph (B), the
ecosystem restoration projects described in paragraph
(2) shall be carried out at a total construction cost
of $1,460,000,000.
(B) Limitation on available funds.--Of the amounts
made available under subparagraph (A), not more than
$35,000,000 for each fiscal year shall be available for
land acquisition under paragraph (2)(D).
(4) Implementation reports.--
(A) In general.--Not later than June 30, 2005, and
every 4 years thereafter, the Secretary shall submit to
the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives an
implementation report that--
(i) includes baselines, benchmarks, goals,
and priorities for ecosystem restoration
projects; and
(ii) measures the progress in meeting the
goals.
(B) Advisory panel.--
(i) In general.--The Secretary shall
appoint and convene an advisory panel to
provide independent guidance in the development
of each implementation report under
subparagraph (A).
(ii) Panelists.--Panelists shall include--
(I) 1 representative of each of the
State resource agencies (or a designee
of the Governor of the State) from each
of the States of Illinois, Iowa,
Minnesota, Missouri, and Wisconsin;
(II) 1 representative of the
Department of Agriculture;
(III) 1 representative of the
Department of Transportation;
(IV) 1 representative of the United
States Geological Survey;
(V) 1 representative of the United
States Fish and Wildlife Service;
(VI) 1 representative of the
Environmental Protection Agency;
(VII) 1 representative of affected
landowners;
(VIII) 2 representatives of
conservation and environmental advocacy
groups; and
(IX) 2 representatives of
agriculture and industry advocacy
groups.
(iii) Co-chairpersons.--The Secretary and
the Secretary of the Interior shall serve as
co-chairpersons of the advisory panel.
(d) Authorization of Appropriations.--Except as otherwise provided
in this section--
(1) there are authorized to be appropriated such sums as
are necessary to carry out this section for fiscal years 2006
through 2020; and
(2) after fiscal year 2020--
(A) funds that have been made available under this
section, but have not been expended, may be expended;
and
(B) funds that have been authorized to be
appropriated under this section, but have not been made
available, may be made available.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S6002-6003)
Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR S6003-6005)
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