Sec. 4002. MISSISSIPPI RIVER

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## SEC. 4002 MISSISSIPPI RIVER **[**[33 U.S.C. 605a](/us/usc/t33/s605a)**]** ###

(a)Mississippi River Forecasting Improvements ####

(1)In general The Secretary, in consultation with the Secretary of the department in which the Coast Guard is operating, the Director of the United States Geological Survey, the Administrator of the National Oceanic and Atmospheric Administration, and the Director of the National Weather Service, as applicable, shall improve forecasting on the Mississippi River by— #####

(A)updating forecasting technology deployed on the Mississippi River and its tributaries through— ######

(i)the construction of additional automated river gages; ######

(ii)the rehabilitation of existing automated and manual river gages; and ######

(iii)the replacement of manual river gages with automated gages, as the Secretary determines to be necessary; #####

(B)constructing additional sedimentation ranges on the Mississippi River and its tributaries; and #####

(C)deploying additional automatic identification system base stations at river gage sites. ####

(2)Prioritization In carrying out this subsection, the Secretary shall prioritize the sections of the Mississippi River on which additional and more reliable information would have the greatest impact on maintaining navigation on the Mississippi River. ####

(3)Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress and make publicly available a report on the activities carried out by the Secretary under this subsection. ###

(b)Middle Mississippi River Pilot Program ####

(1)In general In accordance with the project for navigation, Mississippi River between the Ohio and Missouri Rivers (Regulating Works), Missouri and Illinois, authorized by the Act of June 25, 1910 (36 Stat. 631, chapter 382) (commonly known as the “River and Harbor Act of 1910”), the Act of January 1, 1927 (44 Stat. 1010, chapter 47) (commonly known as the “River and Harbor Act of 1927”), and the Act of July 3, 1930 (46 Stat. 918, chapter 847), the Secretary may study improvements to navigation and aquatic ecosystem restoration in the middle Mississippi River. ####

(2)Disposition #####

(A)In general The Secretary may carry out any project identified pursuant to paragraph

(1)in accordance with the criteria for projects carried out under one of the following authorities: ######

(i)Section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330). ######

(ii)Section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a). ######

(iii)Section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577). ######

(iv)Section 104(a) of the River and Harbor Act of 1958 (33 U.S.C. 610(a)). #####

(B)Report For each project that does not meet the criteria under subparagraph (A), the Secretary shall include a recommendation relating to the project in the annual report submitted to Congress by the Secretary in accordance with section 7001. ###

(c)Greater Mississippi River Basin Severe Flooding and Drought Management Study ####

(1)Definition of greater mississippi river basin In this subsection, the term “greater Mississippi River Basin” means the area covered by hydrologic units 5, 6, 7, 8, 10, and 11, as identified by the United States Geological Survey as of the date of enactment of this Act. ####

(2)In general The Secretary shall carry out a study of the greater Mississippi River Basin— #####

(A)to improve the coordinated and comprehensive management of water resource projects in the greater Mississippi River Basin relating to severe flooding and drought conditions; and #####

(B)to identify and evaluate— ######

(i)modifications to those water resource projects, consistent with the authorized purposes of those projects; and ######

(ii)the development of new water resource projects to improve the reliability of navigation and more effectively reduce flood risk. ####

(3)Report Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress and make publicly available a report on the study carried out under this subsection. ####

(4)Savings clause Nothing in this subsection impacts the operations and maintenance of the Missouri River Mainstem System, as authorized by the Act of December 22, 1944 (commonly known as the “Flood Control Act of 1944”)(58 Stat. 897, chapter 665). ###

(d)Flexibility in Maintaining Navigation ####

(1)Extreme low water event defined In this subsection, the term “extreme low water event” means an extended period of time during which low water threatens the safe commercial use of the Mississippi River for navigation, including the use and availability of fleeting areas. ####

(2)Report on areas for action #####

(A)In general Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of the department in which the Coast Guard is operating, shall complete and make publicly available a report identifying areas that are unsafe and unreliable for commercial navigation during extreme low water events along the authorized Federal navigation channel on the Mississippi River and measures to address those restrictions. #####

(B)Inclusions The report under subparagraph

(A)shall— ######

(i)consider data from the most recent extreme low water events that impacted navigation along the authorized Federal navigation channel on the Mississippi River; ######

(ii)identify locations for potential modifications, including improvements outside the authorized navigation channel, that will alleviate hazards at areas that constrain navigation during extreme low water events along the authorized Federal navigation channel on the Mississippi River; and ######

(iii)include recommendations for possible actions to address constrained navigation during extreme low water events. ####

(3)Authorized activities If the Secretary, in consultation with the Secretary of the department in which the Coast Guard is operating, determines it to be critical to maintaining safe and reliable navigation within the authorized Federal navigation channel on the Mississippi River, the Secretary may carry out activities outside the authorized Federal navigation channel along the Mississippi River, including the construction and operation of maintenance of fleeting areas, that— #####

(A)are necessary for safe and reliable navigation in the Federal channel; and #####

(B)have been identified in the report under paragraph (2). ####

(4)Restriction The Secretary shall only carry out activities authorized under paragraph

(3)for such period of time as is necessary to maintain reliable navigation during the extreme low water event. ####

(5)Notification Not later than 60 days after initiating an activity under this subsection, 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 a notice that includes— #####

(A)a description of the activities undertaken, including the costs associated with the activities; and #####

(B)a comprehensive description of how the activities are necessary for maintaining safe and reliable navigation of the Federal channel.

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