Sec. 4003. MISSOURI RIVER

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## SEC. 4003 MISSOURI RIVER ###

(a)Upper Missouri Basin Flood and Drought Monitoring ####

(1)In general The Secretary, in coordination with the Administrator of the National Oceanic and Atmospheric Administration, the Chief of the Natural Resources Conservation Service, the Director of the United States Geological Survey, and the Commissioner of the Bureau of Reclamation, shall carry out activities to improve and support management of Corps of Engineers water resources development projects, including— #####

(A)soil moisture and snowpack monitoring in the Upper Missouri River Basin to reduce flood risk and improve river and water resource management in the Upper Missouri River Basin, as outlined in the February 2013 report entitled “Upper Missouri Basin Monitoring Committee—Snow Sampling and Instrumentation Recommendations”; #####

(B)restoring and maintaining existing mid- and high-elevation snowpack monitoring sites operated under the SNOTEL program of the Natural Resources Conservation Service; and #####

(C)operating streamflow gages and related interpretive studies in the Upper Missouri River Basin under the cooperative water program and the national streamflow information program of the United States Geological Service. ####

(2)Use of funds Amounts made available to the Secretary to carry out activities under this subsection shall be used to supplement but not supplant other related activities of Federal agencies that are carried out within the Missouri River Basin. ####

(3)Cooperative agreements #####

(A)In general The Secretary may enter into cooperative agreements with other Federal agencies to carry out this subsection. #####

(B)Maintenance of effort The Secretary may only enter into a cooperative agreement with another Federal agency under this paragraph if such agreement specifies that the agency will maintain aggregate expenditures in the Missouri River Basin for existing programs that implement activities described in paragraph

(1)at a level that is equal to or exceeds the aggregate expenditures for the fiscal year immediately preceding the fiscal year in which such agreement is signed. ####

(4)Report Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States, in consultation with 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 report that— #####

(A)identifies progress made by the Secretary and other Federal agencies in implementing the recommendations contained in the report described in paragraph (1)(A) with respect to enhancing soil moisture and snowpack monitoring in the Upper Missouri Basin; #####

(B)includes recommendations— ######

(i)to enhance soil moisture and snowpack monitoring in the Upper Missouri Basin that would enhance water resources management, including managing flood risk, in that basin; and ######

(ii)on the most efficient manner of collecting and sharing data to assist Federal agencies with water resources management responsibilities; #####

(C)identifies the expected costs and timeline for implementing the recommendations described in subparagraph (B)(i); and #####

(D)identifies the role of States and other Federal agencies in gathering necessary soil moisture and snowpack monitoring data. ####

(5)Lead agency The Corps of Engineers shall be the lead agency for carrying out and coordinating the activities described in paragraph (1). ###

(b)Missouri River Between Fort Peck Dam, Montana and Gavins Point Dam, South Dakota and Nebraska Section 9(f) of the Act of December 22, 1944 (commonly known as the “Flood Control Act of 1944”) (58 Stat. 891, chapter 665; 102 Stat. 4031) is amended in the second sentence by striking “$3,000,000” and inserting “$5,000,000”. ###

(c)Missouri River Recovery Implementation Committee Expenses Reimbursement Section 5018(b)(5) of the Water Resources Development Act of 2007 (121 Stat. 1200) is amended by striking subparagraph

(B)and inserting the following: > > ##### “(B) Travel expenses > > Subject to the availability of funds, the Secretary may reimburse a member of the Committee for travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of a Federal agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in performance of services for the Committee.” > . ###

(d)Upper Missouri Shoreline Stabilization ####

(1)In general The Secretary shall conduct a study to determine the feasibility of carrying out projects to address shoreline erosion in the Upper Missouri River Basin (including the States of South Dakota, North Dakota, and Montana) resulting from the operation of a reservoir constructed under the Pick-Sloan Missouri River Basin Program (authorized by section 9 of the Act of December 22, 1944 (commonly known as the “Flood Control Act of 1944”) (58 Stat. 891, chapter 665)). ####

(2)Contents The study carried out under paragraph

(1)shall, to the maximum extent practicable— #####

(A)use previous assessments completed by the Corps of Engineers or other Federal agencies; and #####

(B)assess the infrastructure needed to— ######

(i)reduce shoreline erosion; ######

(ii)mitigate additional loss of land; ######

(iii)contribute to environmental and ecosystem improvement; and ######

(iv)protect existing community infrastructure, including roads and water and waste-water related infrastructure. ####

(3)Disposition The Secretary may carry out projects identified in the study under paragraph

(1)in accordance with the criteria for projects carried out under section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r). ####

(4)Annual report For each project identified in the study under paragraph

(1)that cannot be carried out under any of the authorities specified in paragraph (3), upon determination by the Secretary of the feasibility of the project, the Secretary may include a recommendation relating to the project in the annual report submitted to Congress under section 7001. ####

(5)Coordination In carrying out this subsection, the Secretary shall consult and coordinate with the appropriate State or tribal agency for the area in which the project is located. ####

(6)Payment options The Secretary shall allow the full non-Federal contribution for a project under this subsection to be paid in accordance with section 103(k) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(k)). ###

(e)Missouri River Fish and Wildlife Mitigation The Secretary shall include in the first budget of the United States Government submitted by the President under section 1105 of title 31, United States Code, after the date of enactment of this Act, and biennially thereafter, a report that describes activities carried out by the Secretary relating to the project for mitigation of fish and wildlife losses, Missouri River Bank Stabilization and Navigation Project, Missouri, Kansas, Iowa, and Nebraska, authorized by section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143), including— ####

(1)an inventory of all actions taken by the Secretary in furtherance of the project, including an inventory of land owned or acquired by the Secretary; ####

(2)a description, including a prioritization, of the specific actions proposed to be undertaken by the Secretary for the subsequent fiscal year in furtherance of the project; ####

(3)an assessment of the progress made in furtherance of the project, including— #####

(A)a description of how each of the actions identified under paragraph

(1)have impacted the progress; and #####

(B)the status of implementation of any applicable requirements of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), including any applicable biological opinions; and ####

(4)an assessment of additional actions or authority necessary to achieve the results of the project. ###

(f)Lower Yellowstone Section 3109 of the Water Resources Development Act of 2007 (121 Stat. 1135) is amended— ####

(1)by striking “ The Secretary may ” and inserting the following: > > ### “(a) In General > > The Secretary may” > ; and ####

(2)by adding at the end the following: > > ### “(b) Local Participation > > In carrying out subsection (a), the Secretary shall consult with, and consider the activities being carried out by— > > > #### “(1) > > other Federal agencies; > > > #### “(2) > > conservation districts; > > > #### “(3) > > the Yellowstone River Conservation District Council; and > > > #### “(4) > > the State of Montana.” > .

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