§ 652. — Upper Mississippi River Management.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC652]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 13--MISSISSIPPI RIVER COMMISSION
Sec. 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.
(Pub. L. 99-662, title XI, Sec. 1103, Nov. 17, 1986, 100 Stat. 4225;
Pub. L. 101-640, title IV, Sec. 405, Nov. 28, 1990, 104 Stat. 4646; Pub.
L. 102-580, title I, Sec. 107, Oct. 31, 1992, 106 Stat. 4815; Pub. L.
106-53, title V, Sec. 509, Aug. 17, 1999, 113 Stat. 339; Pub. L. 106-
109, Sec. 2, Nov. 24, 1999, 113 Stat. 1494.)
References in Text
Public Law 95-502, referred to in subsecs. (b)(2) and (j), is Pub.
L. 95-502, Oct. 21, 1978, 92 Stat. 1693, as amended. Section 102 of Pub.
L. 95-502 is not classified to the Code. For complete classification of
this Act to the Code, see Tables.
This Act, referred to in subsec. (f)(1), is Pub. L. 99-662, Nov. 17,
1986, 100 Stat. 4082, as amended, known as the Water Resources
Development Act of 1986. Title I of this Act is classified generally to
subchapter I (Sec. 2211 et seq.) of chapter 36 of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 2201 of this title and Tables.
Codification
Subsec. (c)(2) of this section amended section 101 of Pub. L. 95-
502, which is set out as a note under section 1962b-3 of Title 42, The
Public Health and Welfare.
Amendments
1999--Subsec. (e). Pub. L. 106-53, Sec. 509(a), inserted subsec.
heading, added par. (1), and struck out former par. (1) which read as
follows: ``The Secretary, in consultation with the Secretary of the
Interior and the States of Illinois, Iowa, Minnesota, Missouri, and
Wisconsin, is authorized to undertake, as identified in the master
plan--
``(A) a program for the planning, construction, and evaluation
of measures for fish and wildlife habitat rehabilitation and
enhancement;
``(B) implementation of a long-term resource monitoring program;
and
``(C) implementation of a computerized inventory and analysis
system.''
Subsec. (e)(2). Pub. L. 106-53, Sec. 509(b), added par. (2) and
struck out former par. (2) which read as follows: ``Each program
referred to in paragraph (1) shall be carried out for 15 years. Before
the last day of such 15-year period, the Secretary, in consultation with
the Secretary of the Interior and the States of Illinois, Iowa,
Minnesota, Missouri, and Wisconsin, shall conduct an evaluation of such
programs and submit a report on the results of such evaluation to
Congress. Such evaluation shall determine each such program's
effectiveness, strengths, and weaknesses and contain recommendations for
the modification and continuance or termination of such program.''
Subsec. (e)(3). Pub. L. 106-53, Sec. 509(c)(1), substituted
``(1)(A)(i)'' for ``(1)(A)'' and ``Secretary $22,750,000 for fiscal year
1999 and each fiscal year thereafter'' for ``Secretary not to exceed
$8,200,000 for the first fiscal year beginning after November 17, 1986,
not to exceed $12,400,000 for the second fiscal year beginning after
November 17, 1986, and not to exceed $13,000,000 per fiscal year for
each of the succeeding 13 fiscal years''.
Subsec. (e)(4). Pub. L. 106-53, Sec. 509(c)(2), substituted
``(1)(A)(ii)'' for ``(1)(B)'' and ``Secretary $10,420,000 for fiscal
year 1999 and each fiscal year thereafter'' for ``Secretary not to
exceed $7,680,000 for the first fiscal year beginning after November 17,
1986, and not to exceed $5,080,000 per fiscal year for each of the
succeeding 14 fiscal years''.
Subsec. (e)(5). Pub. L. 106-109 substituted ``paragraph (1)(B)'' for
``paragraph (1)(A)(i)''.
Pub. L. 106-53, Sec. 509(c)(3), added par. (5) and struck out former
par. (5) which read as follows: ``For purposes of carrying out paragraph
(1)(C) of this subsection, there is authorized to be appropriated to the
Secretary not to exceed $40,000 for the first fiscal year beginning
after November 17, 1986, not to exceed $280,000 for the second fiscal
year beginning after November 17, 1986, not to exceed $1,220,000 for the
third fiscal year beginning after November 17, 1986, and not to exceed
$875,000 per fiscal year for each of the succeeding 12 fiscal years''.
Subsec. (e)(6). Pub. L. 106-53, Sec. 509(d), added par. (6) and
struck out former par. (6) which contained provisions limiting transfers
to 20% of appropriated amounts and setting out specific maximum monetary
amounts.
Subsec. (e)(7)(A). Pub. L. 106-53, Sec. 509(e), (g)(1)(A),
substituted ``(1)(A)(i)'' for ``(1)(A)'' and inserted before period at
end ``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''.
Subsec. (e)(7)(B). Pub. L. 106-53, Sec. 509(g)(1)(B), substituted
``paragraph (1)(A)(ii)'' for ``paragraphs (1)(B) and (1)(C)''.
Subsec. (f)(2). Pub. L. 106-53, Sec. 509(g)(2), struck out ``(A)''
after ``(2)'' and struck out subpar. (B) which read as follows: ``For
purposes of carrying out the assessment of the economic benefits of
recreational activities as authorized in paragraph (1) of this
subsection, there is authorized to be appropriated to the Secretary not
to exceed $300,000 per fiscal year for the first and second fiscal years
beginning after the computerized inventory and analysis system
implemented pursuant to subsection (e)(1)(C) of this section is fully
functional and $150,000 for the third such fiscal year''.
Subsec. (h)(2). Pub. L. 106-53, Sec. 509(f), inserted par. heading,
designated existing provisions as subpar. (A) and inserted heading, and
added subpar. (B).
1992--Subsec. (e)(2). Pub. L. 102-580, Sec. 107(a)(1), which
directed the substitution of ``15'' for ``ten'' each place it appears,
could not be executed because ``ten'' did not appear subsequent to
amendment by Pub. L. 101-640, Sec. 405(1). See 1990 Amendment note
below.
Subsec. (e)(6). Pub. L. 102-580, Sec. 107(a)(3), added par. (6).
Former par. (6) redesignated (7).
Subsec. (e)(7). Pub. L. 102-580, Sec. 107(a)(2), redesignated par.
(6) as (7). Former par. (7) redesignated (8).
Subsec. (e)(7)(A). Pub. L. 102-580, Sec. 107(b), added subpar. (A)
and struck out former subpar. (A) which read as follows:
``Notwithstanding the provisions of subsection (a)(2) of this section,
the costs of each project carried out pursuant to paragraph (1)(A) of
this subsection shall be allocated between the Secretary and the
appropriate non-Federal sponsor in accordance with the provisions of
section 2283 of this title.''
Subsec. (e)(8). Pub. L. 102-580, Sec. 107(a)(2), redesignated par.
(7) as (8).
1990--Subsec. (e)(2). Pub. L. 101-640, Sec. 405(1), substituted
``15'' for ``ten'' in two places.
Subsec. (e)(3). Pub. L. 101-640, Sec. 405(2), substituted ``13'' for
``eight''.
Subsec. (e)(4). Pub. L. 101-640, Sec. 405(3), substituted ``14'' for
``nine''.
Subsec. (e)(5). Pub. L. 101-640, Sec. 405(4), substituted ``12'' for
``seven''.
Subsec. (f)(2)(A). Pub. L. 101-640, Sec. 405(5), substituted ``15''
for ``ten''.
Upper Mississippi River Basin Sediment and Nutrient Study
Pub. L. 106-541, title IV, Sec. 403, Dec. 11, 2000, 114 Stat. 2634,
provided that:
``(a) In General.--In conjunction with the Secretary of Agriculture
and the Secretary of the Interior, the Secretary [of the Army] shall
conduct a study to--
``(1) identify and evaluate significant sources of sediment and
nutrients in the upper Mississippi River basin;
``(2) quantify the processes affecting mobilization, transport,
and fate of those sediments and nutrients on land and in water; and
``(3) quantify the transport of those sediments and nutrients to
the upper Mississippi River and the tributaries of the upper
Mississippi River.
``(b) Study Components.--
``(1) Computer modeling.--In carrying out the study under this
section, the Secretary shall develop computer models of the upper
Mississippi River basin, at the subwatershed and basin scales, to--
``(A) identify and quantify sources of sediment and
nutrients; and
``(B) examine the effectiveness of alternative management
measures.
``(2) Research.--In carrying out the study under this section,
the Secretary shall conduct research to improve the understanding
of--
``(A) fate processes and processes affecting sediment and
nutrient transport, with emphasis on nitrogen and phosphorus
cycling and dynamics;
``(B) the influences on sediment and nutrient losses of soil
type, slope, climate, vegetation cover, and modifications to the
stream drainage network; and
``(C) river hydrodynamics, in relation to sediment and
nutrient transformations, retention, and transport.
``(c) Use of Information.--On request of a Federal agency, the
Secretary may provide information for use in applying sediment and
nutrient reduction programs associated with land-use improvements and
land management practices.
``(d) Reports.--
``(1) Preliminary report.--Not later than 2 years after the date
of enactment of this Act [Dec. 11, 2000], the Secretary shall
transmit to Congress a preliminary report that outlines work being
conducted on the study components described in subsection (b).
``(2) Final report.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall transmit to Congress a
report describing the results of the study under this section,
including any findings and recommendations of the study.
``(e) Funding.--
``(1) Authorization of appropriations.--There is authorized to
be appropriated to carry out this section $4,000,000 for each of
fiscal years 2001 through 2005.
``(2) Federal share.--The Federal share of the cost of carrying
out this section shall be 50 percent.''
Upper Mississippi River Comprehensive Plan
Pub. L. 106-53, title IV, Sec. 459, Aug. 17, 1999, 113 Stat. 332, as
amended by Pub. L. 106-541, title IV, Sec. 404, Dec. 11, 2000, 114 Stat.
2635, provided that:
``(a) Development.--The Secretary [of the Army] shall develop a plan
to address water resource and related land resource problems and
opportunities in the upper Mississippi and Illinois River basins, from
Cairo, Illinois, to the headwaters of the Mississippi River, in the
interest of systemic flood damage reduction by means of--
``(1) structural and nonstructural flood control and floodplain
management strategies;
``(2) continued maintenance of the navigation project;
``(3) management of bank caving and erosion;
``(4) watershed nutrient and sediment management;
``(5) habitat management;
``(6) recreation needs; and
``(7) other related purposes.
``(b) Contents.--The plan under subsection (a) shall--
``(1) contain recommendations on management plans and actions to
be carried out by the responsible Federal and non-Federal entities;
``(2) specifically address recommendations to authorize
construction of a systemic flood control project for the upper
Mississippi River; and
``(3) include recommendations for Federal action where
appropriate and recommendations for follow-on studies for problem
areas for which data or current technology does not allow immediate
solutions.
``(c) Consultation and Use of Existing Data.--In carrying out this
section, the Secretary shall--
``(1) consult with appropriate Federal and State agencies; and
``(2) make maximum use of data in existence on the date of
enactment of this Act [Aug. 17, 1999] and ongoing programs and
efforts of Federal agencies and States in developing the plan under
subsection (a).
``(d) Cost Sharing.--
``(1) Development.--Development of the plan under subsection (a)
shall be at Federal expense.
``(2) Feasibility studies.--Feasibility studies resulting from
development of the plan shall be subject to cost sharing under
section 105 of the Water Resources Development Act of 1986 (33
U.S.C. 2215).
``(e) Report.--Not later than 3 years after the first date on which
funds are appropriated to carry out this section, the Secretary shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a report that includes the plan under subsection
(a).''
``Secretary'' Defined
Secretary means the Secretary of the Army, see section 2201 of this
title.
Section Referred to in Other Sections
This section is referred to in section 2212 of this title.
