33 U.S.C. § 652 : US Code - Section 652: Upper Mississippi River Management

Search 33 U.S.C. § 652 : US Code - Section 652: Upper Mississippi River Management

(a) Short title; Congressional declaration of intent
(1) This section may be cited as the "Upper Mississippi River
Management Act of 1986".
(2) To ensure the coordinated development and enhancement of the
Upper Mississippi River system, it is hereby declared to be the
intent of Congress to recognize that system as a nationally
significant ecosystem and a nationally significant commercial
navigation system. Congress further recognizes that the system
provides a diversity of opportunities and experiences. The system
shall be administered and regulated in recognition of its several
purposes.
(b) Definitions
For purposes of this section -
(1) the terms "Upper Mississippi River system" and "system"
mean those river reaches having commercial navigation channels on
the Mississippi River main stem north of Cairo, Illinois; the
Minnesota River, Minnesota; Black River, Wisconsin; Saint Croix
River, Minnesota and Wisconsin; Illinois River and Waterway,
Illinois; and Kaskaskia River, Illinois;
(2) the term "Master Plan" means the comprehensive master plan
for the management of the Upper Mississippi River system, dated
January 1, 1982, prepared by the Upper Mississippi River Basin
Commission and submitted to Congress pursuant to Public Law 95-
502;
(3) the term "GREAT I, GREAT II, and GRRM studies" means the
studies entitled "GREAT Environmental Action Team - GREAT I - A
Study of the Upper Mississippi River", dated September 1980,
"GREAT River Environmental Action Team - GREAT II - A Study of
the Upper Mississippi River", dated December 1980, and "GREAT
River Resource Management Study", dated September 1982; and
(4) the term "Upper Mississippi River Basin Association" means
an association of the States of Illinois, Iowa, Minnesota,
Missouri, and Wisconsin, formed for the purposes of cooperative
effort and united assistance in the comprehensive planning for
the use, protection, growth, and development of the Upper
Mississippi River System.
(c) Congressional approval of Master Plan
(1) Congress hereby approves the Master Plan as a guide for
future water policy on the Upper Mississippi River system. Such
approval shall not constitute authorization of any recommendation
contained in the Master Plan.
(2) Omitted.
(d) Cooperative effort and mutual assistance among States
(1) The consent of the Congress is hereby given to the States of
Illinois, Iowa, Minnesota, Missouri, and Wisconsin, or any two or
more of such States, to enter into negotiations for agreements, not
in conflict with any law of the United States, for cooperative
effort and mutual assistance in the comprehensive planning for the
use, protection, growth, and development of the Upper Mississippi
River system, and to establish such agencies, joint or otherwise,
or designate an existing multi-State entity, as they may deem
desirable for making effective such agreements. To the extent
required by Article I, section 10 of the Constitution, such
agreements shall become final only after ratification by an Act of
Congress.
(2) The Secretary is authorized to enter into cooperative
agreements with the Upper Mississippi River Basin Association or
any other agency established under paragraph (1) of this subsection
to promote and facilitate active State government participation in
the river system management, development, and protection.
(3) For the purpose of ensuring the coordinated planning and
implementation of programs authorized in subsections (e) and (h)(2)
of this section, the Secretary shall enter into an interagency
agreement with the Secretary of the Interior to provide for the
direct participation of, and transfer of funds to, the Fish and
Wildlife Service and any other agency or bureau of the Department
of the Interior for the planning, design, implementation, and
evaluation of such programs.
(4) The Upper Mississippi River Basin Association or any other
agency established under paragraph (1) of this subsection is hereby
designated by Congress as the caretaker of the master plan. Any
changes to the master plan recommended by the Secretary shall be
submitted to such association or agency for review. Such
association or agency may make such comments with respect to such
recommendations and offer other recommended changes to the master
plan as such association or agency deems appropriate and shall
transmit such comments and other recommended changes to the
Secretary. The Secretary shall transmit such recommendations along
with the comments and other recommended changes of such association
or agency to the Congress for approval within 90 days of the
receipt of such comments or recommended changes.
(e) Program authority
(1) Authority. -
(A) In general. - The Secretary, in consultation with the
Secretary of the Interior and the States of Illinois, Iowa,
Minnesota, Missouri, and Wisconsin, may undertake, as identified
in the master plan -
(i) a program for the planning, construction, and evaluation
of measures for fish and wildlife habitat rehabilitation and
enhancement; and
(ii) implementation of a long-term resource monitoring,
computerized data inventory and analysis, and applied research
program.
(B) Advisory committee. - In carrying out subparagraph (A)(i),
the Secretary shall establish an independent technical advisory
committee to review projects, monitoring plans, and habitat and
natural resource needs assessments.
(2) Reports. - Not later than December 31, 2004, and not later
than December 31 of every sixth year thereafter, the Secretary, in
consultation with the Secretary of the Interior and the States of
Illinois, Iowa, Minnesota, Missouri, and Wisconsin, shall submit to
Congress a report that -
(A) contains an evaluation of the programs described in
paragraph (1);
(B) describes the accomplishments of each of the programs;
(C) provides updates of a systemic habitat needs assessment;
and
(D) identifies any needed adjustments in the authorization of
the programs.
(3) For purposes of carrying out paragraph (1)(A)(i) of this
subsection, there is authorized to be appropriated to the Secretary
$22,750,000 for fiscal year 1999 and each fiscal year thereafter.
(4) For purposes of carrying out paragraph (1)(A)(ii) of this
subsection, there is authorized to be appropriated to the Secretary
$10,420,000 for fiscal year 1999 and each fiscal year thereafter.
(5) Authorization of appropriations. - There is authorized to be
appropriated to carry out paragraph (1)(B) $350,000 for each of
fiscal years 1999 through 2009.
(6) Transfer of amounts. - For fiscal year 1999 and each fiscal
year thereafter, the Secretary, in consultation with the Secretary
of the Interior and the States of Illinois, Iowa, Minnesota,
Missouri, and Wisconsin, may transfer not to exceed 20 percent of
the amounts appropriated to carry out clause (i) or (ii) of
paragraph (1)(A) to the amounts appropriated to carry out the other
of those clauses.
(7)(A) Notwithstanding the provisions of subsection (a)(2) of
this section, the costs of each project carried out pursuant to
paragraph (1)(A)(i) of this subsection shall be allocated between
the Secretary and the appropriate non-Federal sponsor in accordance
with the provisions of section 2283(e) of this title; except that
the costs of operation and maintenance of projects located on
Federal lands or lands owned or operated by a State or local
government shall be borne by the Federal, State, or local agency
that is responsible for management activities for fish and wildlife
on such lands and, in the case of any project requiring non-Federal
cost sharing, the non-Federal share of the cost of the project
shall be 35 percent.
(B) Notwithstanding the provisions of subsection (a)(2) of this
section, the cost of implementing the activities authorized by
paragraph (1)(A)(ii) of this subsection shall be allocated in
accordance with the provisions of section 2283 of this title, as if
such activity was required to mitigate losses to fish and wildlife.
(8) None of the funds appropriated pursuant to any authorization
contained in this subsection shall be considered to be chargeable
to navigation.
(f) Recreational projects authority
(1) The Secretary, in consultation with any agency established
under subsection (d)(1) of this section, is authorized to implement
a program of recreational projects for the system substantially in
accordance with the recommendations of the GREAT I, GREAT II, and
GRRM studies and the master plan reports. In addition, the
Secretary, in consultation with any such agency, shall, at Federal
expense, conduct an assessment of the economic benefits generated
by recreational activities in the system. The cost of each such
project shall be allocated between the Secretary and the
appropriate non-Federal sponsor in accordance with title I of this
Act [33 U.S.C. 2211 et seq.].
(2) For purposes of carrying out the program of recreational
projects authorized in paragraph (1) of this subsection, there is
authorized to be appropriated to the Secretary not to exceed
$500,000 per fiscal year for each of the first 15 fiscal years
beginning after November 17, 1986.
(g) Increases in lock capacity
The Secretary shall, in his budget request, identify those
measures developed by the Secretary, in consultation with the
Secretary of Transportation and any agency established under
subsection (d)(1) of this section, to be undertaken to increase the
capacity of specific locks throughout the system by employing
nonstructural measures and making minor structural improvements.
(h) Monitoring of traffic movements
(1) The Secretary, in consultation with any agency established
under subsection (d)(1) of this section, shall monitor traffic
movements on the system for the purpose of verifying lock capacity,
updating traffic projections, and refining the economic evaluation
so as to verify the need for future capacity expansion of the
system.
(2) Determination. -
(A) In general. - The Secretary, in consultation with the
Secretary of the Interior and the States of Illinois, Iowa,
Minnesota, Missouri, and Wisconsin, shall determine the need for
river rehabilitation and environmental enhancement and protection
based on the condition of the environment, project developments,
and projected environmental impacts from implementing any
proposals resulting from recommendations made under subsection
(g) of this section and paragraph (1) of this subsection.
(B) Requirements. - The Secretary shall -
(i) complete the ongoing habitat needs assessment conducted
under this paragraph not later than September 30, 2000; and
(ii) include in each report under subsection (e)(2) of this
section the most recent habitat needs assessment conducted
under this paragraph.
(3) There is authorized to be appropriated to the Secretary such
sums as may be necessary to carry out this subsection.
(i) Disposal of dredged material
(1) The Secretary shall, as he determines feasible, dispose of
dredged material from the system pursuant to the recommendations of
the GREAT I, GREAT II, and GRRM studies.
(2) The Secretary shall establish and request appropriate Federal
funding for a program to facilitate productive uses of dredged
material. The Secretary shall work with the States which have,
within their boundaries, any part of the system to identify
potential users of dredged material.
(j) Construction of second lock at locks and dam 26, Mississippi
River, Alton, Illinois and Missouri
The Secretary is authorized to provide for the engineering,
design, and construction of a second lock at locks and dam 26,
Mississippi River, Alton, Illinois and Missouri, at a total cost of
$220,000,000, with a first Federal cost of $220,000,000. Such
second lock shall be one hundred and ten feet by six hundred feet
and shall be constructed at or in the vicinity of the location of
the replacement lock authorized by section 102 of Public Law 95-
502. Section 2212 of this title shall apply to the project
authorized by this subsection.