33 U.S.C. § 652 — Upper Mississippi River Management

Page 168 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 651 Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. § 651. Tributaries of Mississippi River below Cairo; levee and bank protection The jurisdiction of the Mississippi River Com- mission is extended, for the purposes of levee protection and bank protection, to the tribu- taries and outlets of the Mississippi River be- tween Cairo, Illinois, and the Head of the Passes, in so far as these tributaries and outlets are affected by the flood waters of the Mis- sissippi River. (Sept. 22, 1922, ch. 427, § 13, 42 Stat. 1047.) Editorial Notes CODIFICATION Section is from the Rivers and Harbors Appropriation Act for the year 1922. § 652. Upper Mississippi River Management (a) Short title; Congressional declaration of in- tent (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 sys- tem, it is hereby declared to be the intent of Congress to recognize that system as a nation- ally significant ecosystem and a nationally sig- nificant commercial navigation system. Con- gress further recognizes that the system pro- vides a diversity of opportunities and experi- ences. 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 sys- tem’’ and ‘‘system’’ mean those river reaches having commercial navigation channels on the Mississippi River main stem north of Cairo, Il- linois; the Minnesota River, Minnesota; Black River, Wisconsin; Saint Croix River, Min- nesota and Wisconsin; Illinois River and Wa- terway, Illinois; and Kaskaskia River, Illinois; (2) the term ‘‘Master Plan’’ means the com- prehensive master plan for the management of the Upper Mississippi River system, dated January 1, 1982, prepared by the Upper Mis- sissippi River Basin Commission and sub- mitted 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 co- operative effort and united assistance in the comprehensive planning for the use, protec- tion, 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 rec- ommendation 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, Mis- souri, and Wisconsin, or any two or more of such States, to enter into negotiations for agree- ments, 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 es- tablish such agencies, joint or otherwise, or des- ignate 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 Mis- sissippi 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 sys- tem management, development, and protection. (3) For the purpose of ensuring the coordi- nated planning and implementation of programs authorized in subsections (e) and (h)(2) of this section, the Secretary shall enter into an inter- agency agreement with the Secretary of the In- terior 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, de- sign, implementation, and evaluation of such programs. (4) The Upper Mississippi River Basin Associa- tion or any other agency established under para- graph (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 as- sociation or agency for review. Such association or agency may make such comments with re- spect 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 rec- ommended changes of such association or agen- Page 169 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 652 cy 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 consulta- tion 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, construc- tion, and evaluation of measures for fish and wildlife habitat rehabilitation and enhance- ment; and (ii) implementation of a long-term re- source monitoring, computerized data inven- tory and analysis, and applied research pro- gram, including research on water quality issues affecting the Mississippi River (in- cluding elevated nutrient levels) and the de- velopment of remediation strategies. (B) ADVISORY COMMITTEE.—In carrying out subparagraph (A)(i), the Secretary shall estab- lish an independent technical advisory com- mittee to review projects, monitoring plans, and habitat and natural resource needs assess- ments. (2) REPORTS.—Not later than December 31, 2004, and not later than December 31 of every sixth year thereafter, the Secretary, in con- sultation with the Secretary of the Interior and the States of Illinois, Iowa, Minnesota, Mis- souri, 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 $75,000,000 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 $15,000,000 for each of fiscal years 1999 through 2024, and $25,000,000 for fiscal year 2025 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, Mis- souri, 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 sub- section (a)(2) of this section, the costs of each project carried out pursuant to paragraph (1)(A)(i) of this subsection shall be allocated be- tween the Secretary and the appropriate non- Federal sponsor in accordance with the provi- sions 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 sub- section (a)(2) of this section, the cost of imple- menting 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 naviga- tion. (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 pro- gram of recreational projects for the system substantially in accordance with the rec- ommendations 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, con- duct an assessment of the economic benefits generated by recreational activities in the sys- tem. The cost of each such project shall be allo- cated 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 fis- cal years beginning after November 17, 1986. (g) Increases in lock capacity The Secretary shall, in his budget request, identify those measures developed by the Sec- retary, in consultation with the Secretary of Transportation and any agency established under subsection (d)(1) of this section, to be un- dertaken to increase the capacity of specific locks throughout the system by employing non- structural measures and making minor struc- tural 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 ca- pacity, 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 consulta- tion 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 en- Page 170 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 652 hancement and protection based on the condi- tion of the environment, project develop- ments, and projected environmental impacts from implementing any proposals resulting from recommendations made under subsection (g) and paragraph (1) of this subsection. (B) REQUIREMENTS.—The Secretary shall— (i) complete the ongoing habitat needs as- sessment conducted under this paragraph not later than September 30, 2000; and (ii) include in each report under subsection (e)(2) the most recent habitat needs assess- ment 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 fea- sible, dispose of dredged material from the sys- tem 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 fa- cilitate 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 Mis- souri The Secretary is authorized to provide for the engineering, design, and construction of a sec- ond 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 hun- dred and ten feet by six hundred feet and shall be constructed at or in the vicinity of the loca- tion of the replacement lock authorized by sec- tion 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, § 1103, Nov. 17, 1986, 100 Stat. 4225; Pub. L. 101–640, title IV, § 405, Nov. 28, 1990, 104 Stat. 4646; Pub. L. 102–580, title I, § 107, Oct. 31, 1992, 106 Stat. 4815; Pub. L. 106–53, title V, § 509, Aug. 17, 1999, 113 Stat. 339; Pub. L. 106–109, § 2, Nov. 24, 1999, 113 Stat. 1494; Pub. L. 110–114, title III, § 3177, Nov. 8, 2007, 121 Stat. 1155; Pub. L. 116–260, div. AA, title III, § 307, Dec. 27, 2020, 134 Stat. 2704; Pub. L. 117–263, div. H, title LXXXI, § 8345, Dec. 23, 2022, 136 Stat. 3796; Pub. L. 118–272, div. A, title III, § 1354, Jan. 4, 2025, 138 Stat. 3161.) Editorial Notes 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. Section 102 of Pub. L. 95–502 is not classified to the Code. For complete classification of this Act to the Code, see Ta- bles. This Act, referred to in subsec. (f)(1), is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, known as the Water Re- sources Development Act of 1986. Title I of this Act is classified generally to subchapter I (§ 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 2025—Subsec. (e)(4). Pub. L. 118–272 substituted ‘‘each of fiscal years 1999 through 2024, and $25,000,000 for fis- cal year 2025 and each fiscal year thereafter’’ for ‘‘fiscal year 1999 and each fiscal year thereafter’’. 2022—Subsec. (e)(3). Pub. L. 117–263 substituted ‘‘$75,000,000’’ for ‘‘$40,000,000’’. 2020—Subsec. (e)(3). Pub. L. 116–260, § 307(1), sub- stituted ‘‘$40,000,000’’ for ‘‘$22,750,000’’. Subsec. (e)(4). Pub. L. 116–260, § 307(2), substituted ‘‘$15,000,000’’ for ‘‘$10,420,000’’. 2007—Subsec. (e)(1)(A)(ii). Pub. L. 110–114 inserted ‘‘, including research on water quality issues affecting the Mississippi River (including elevated nutrient lev- els) and the development of remediation strategies’’ be- fore period at end. 1999—Subsec. (e). Pub. L. 106–53, § 509(a), inserted sub- sec. heading, added par. (1), and struck out former par. (1) which read as follows: ‘‘The Secretary, in consulta- tion 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 moni- toring program; and ‘‘(C) implementation of a computerized inventory and analysis system.’’ Subsec. (e)(2). Pub. L. 106–53, § 509(b), added par. (2) and struck out former par. (2) which read as follows: ‘‘Each program referred to in paragraph (1) shall be car- ried out for 15 years. Before the last day of such 15-year period, the Secretary, in consultation with the Sec- retary 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 recommenda- tions for the modification and continuance or termi- nation of such program.’’ Subsec. (e)(3). Pub. L. 106–53, § 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 No- vember 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, § 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 ex- ceed $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, § 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 ex- ceed $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, § 509(d), added par. (6) and struck out former par. (6) which contained provi- sions limiting transfers to 20% of appropriated amounts and setting out specific maximum monetary amounts. Page 171 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 652 Subsec. (e)(7)(A). Pub. L. 106–53, § 509(e), (g)(1)(A), sub- stituted ‘‘(1)(A)(i)’’ for ‘‘(1)(A)’’ and inserted before pe- riod 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, § 509(g)(1)(B), sub- stituted ‘‘paragraph (1)(A)(ii)’’ for ‘‘paragraphs (1)(B) and (1)(C)’’. Subsec. (f)(2). Pub. L. 106–53, § 509(g)(2), struck out ‘‘(A)’’ after ‘‘(2)’’ and struck out subpar. (B) which read as follows: ‘‘For purposes of carrying out the assess- ment 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 sub- section (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, § 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, § 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, § 405(1). See 1990 Amendment note below. Subsec. (e)(6). Pub. L. 102–580, § 107(a)(3), added par. (6). Former par. (6) redesignated (7). Subsec. (e)(7). Pub. L. 102–580, § 107(a)(2), redesignated par. (6) as (7). Former par. (7) redesignated (8). Subsec. (e)(7)(A). Pub. L. 102–580, § 107(b), added sub- par. (A) and struck out former subpar. (A) which read as follows: ‘‘Notwithstanding the provisions of sub- section (a)(2) of this section, the costs of each project carried out pursuant to paragraph (1)(A) of this sub- section 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, § 107(a)(2), redesignated par. (7) as (8). 1990—Subsec. (e)(2). Pub. L. 101–640, § 405(1), sub- stituted ‘‘15’’ for ‘‘ten’’ in two places. Subsec. (e)(3). Pub. L. 101–640, § 405(2), substituted ‘‘13’’ for ‘‘eight’’. Subsec. (e)(4). Pub. L. 101–640, § 405(3), substituted ‘‘14’’ for ‘‘nine’’. Subsec. (e)(5). Pub. L. 101–640, § 405(4), substituted ‘‘12’’ for ‘‘seven’’. Subsec. (f)(2)(A). Pub. L. 101–640, § 405(5), substituted ‘‘15’’ for ‘‘ten’’. Statutory Notes and Related Subsidiaries HYDRAULIC EVALUATION OF UPPER MISSISSIPPI RIVER AND ILLINOIS RIVER Pub. L. 117–263, div. H, title LXXXI, § 8219, Dec. 23, 2022, 136 Stat. 3761, provided that: ‘‘(a) STUDY.—The Secretary [of the Army], in coordi- nation with relevant Federal agencies, shall, at Federal expense, periodically carry out a study to— ‘‘(1) evaluate the flow frequency probabilities of the Upper Mississippi River and the Illinois River; and ‘‘(2) develop updated water surface profiles for such rivers. ‘‘(b) AREA OF EVALUATION.—In carrying out sub- section (a), the Secretary shall conduct analysis along the mainstem of the Mississippi River from upstream of the Minnesota River confluence near Anoka, Min- nesota, to just upstream of the Ohio River confluence near Cairo, Illinois, and along the Illinois River from Dresden Island Lock and Dam to the confluence with the Mississippi River, near Grafton, Illinois. ‘‘(c) REPORTS.—Not later than 5 years after the date of enactment of this Act [Dec. 23, 2022], and not less fre- quently than every 20 years thereafter, 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 containing the results of a study car- ried out under subsection (a). ‘‘(d) PUBLIC AVAILABILITY.—Any information devel- oped under subsection (a) shall be made publicly avail- able, including on a publicly available website.’’ UPPER MISSISSIPPI RIVER AND ILLINOIS WATER-WAY SYSTEM Pub. L. 110–114, title VIII, Nov. 8, 2007, 121 Stat. 1283, as amended by Pub. L. 117–286, § 4(a)(199), Dec. 27, 2022, 136 Stat. 4328, provided that: ‘‘SEC. 8001. DEFINITIONS. ‘‘In this title, the following definitions apply: ‘‘(1) PLAN.—The term ‘Plan’ means the project for navigation and ecosystem improvements for the Upper Mississippi River and Illinois Waterway Sys- tem: Report of the Chief of Engineers, dated Decem- ber 15, 2004. ‘‘(2) UPPER MISSISSIPPI RIVER AND ILLINOIS WATER- WAY 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, Illi- nois, River Mile 327.0. ‘‘SEC. 8002. NAVIGATION IMPROVEMENTS AND RES- TORATION. ‘‘Except as modified by this title, the Secretary [of the Army] shall undertake navigation improvements and restoration of the ecosystem for the Upper Mis- sissippi River and Illinois Waterway System substan- tially in accordance with the Plan and subject to the conditions described therein. ‘‘SEC. 8003. AUTHORIZATION OF CONSTRUCTION OF NAVIGATION IMPROVEMENTS. ‘‘(a) SMALL SCALE AND NONSTRUCTURAL MEASURES.— ‘‘(1) IN GENERAL.—The Secretary [of the Army] shall— ‘‘(A) construct mooring facilities at Locks 12, 14, 18, 20, 22, 24, and LaGrange Lock or other alter- native locations that are economically and environ- mentally feasible; ‘‘(B) provide switchboats at Locks 20 through 25; and ‘‘(C) conduct development and testing of an ap- pointment scheduling system. ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—The total cost of projects authorized under this subsection shall be $256,000,000. Such costs are to be paid half from amounts appropriated from the general fund of the Treasury and half from amounts appropriated from the Inland Waterways Trust Fund. Such sums shall remain available until expended. ‘‘(b) NEW LOCKS.— ‘‘(1) IN GENERAL.—The Secretary [of the Army] shall construct new 1,200-foot locks at Locks 20, 21, 22, 24, and 25 on the Upper Mississippi River and at La- Grange Lock and Peoria Lock on the Illinois Water- way. ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—The total cost of projects authorized under this subsection shall be $1,948,000,000. Such costs are to be paid half from amounts appropriated from the general fund of the Treasury and half from amounts appropriated from the Inland Waterways Trust Fund. Such sums shall remain available until expended. ‘‘(c) CONCURRENCE.—The mitigation required for the projects authorized under subsections (a) and (b), in- cluding any acquisition of lands or interests in lands, shall be undertaken or acquired concurrently with lands and interests in lands for the projects authorized under subsections (a) and (b), and physical construction Page 172 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 652 required for the purposes of mitigation shall be under- taken concurrently with the physical construction of such projects. ‘‘SEC. 8004. ECOSYSTEM RESTORATION AUTHOR- IZATION. ‘‘(a) OPERATION.—To ensure the environmental sus- tainability of the existing Upper Mississippi River and Illinois Waterway System, the Secretary [of the Army] shall modify, consistent with requirements to avoid ad- verse effects on navigation, the operation of the Upper Mississippi River and Illinois Waterway System to ad- dress the cumulative environmental impacts of oper- ation of the system and improve the ecological integ- rity of the Upper Mississippi River and Illinois River. ‘‘(b) ECOSYSTEM RESTORATION PROJECTS.— ‘‘(1) IN GENERAL.—The Secretary [of the Army] shall carry out, consistent with requirements to avoid ad- verse effects on navigation, ecosystem restoration projects to attain and maintain the sustainability of the ecosystem of the Upper Mississippi River and Illi- nois River in accordance with the general framework outlined in the Plan. ‘‘(2) PROJECTS INCLUDED.—Ecosystem restoration projects may include— ‘‘(A) island building; ‘‘(B) construction of fish passages; ‘‘(C) floodplain restoration; ‘‘(D) water level management (including water drawdown); ‘‘(E) backwater restoration; ‘‘(F) side channel restoration; ‘‘(G) wing dam and dike restoration and modifica- tion; ‘‘(H) island and shoreline protection; ‘‘(I) topographical diversity; ‘‘(J) dam point control; ‘‘(K) use of dredged material for environmental purposes; ‘‘(L) tributary confluence restoration; ‘‘(M) spillway, dam, and levee modification to benefit the environment; and ‘‘(N) land and easement acquisition. ‘‘(3) COST SHARING.— ‘‘(A) IN GENERAL.—Except as provided in subpara- graphs (B) and (C), the Federal share of the cost of carrying out an ecosystem restoration project under this subsection shall be 65 percent. ‘‘(B) EXCEPTION FOR CERTAIN RESTORATION PROJECTS.—In the case of a project under this sec- tion for ecosystem restoration, the Federal share of the cost of carrying out the project shall be 100 per- cent if the project— ‘‘(i) is located below the ordinary high water mark or in a connected backwater; ‘‘(ii) modifies the operation of structures for navigation; or ‘‘(iii) is located on federally owned land. ‘‘(C) SAVINGS CLAUSE.—Nothing in this subsection affects the applicability of section 906(e) of the Water Resources Development Act of 1986 (33 U.S.C. 2283(e)). ‘‘(D) NONGOVERNMENTAL ORGANIZATIONS.—In ac- cordance with section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), for any project carried out under this title, a non-Federal sponsor may in- clude a nonprofit entity, with the consent of the af- fected local government. ‘‘(4) LAND ACQUISITION.—The Secretary [of the Army] may acquire land or an interest in land for an ecosystem restoration project from a willing seller through conveyance of— ‘‘(A) fee title to the land; or ‘‘(B) a flood plain conservation easement. ‘‘(c) MONITORING.—The Secretary [of the Army] shall carry out a long term resource monitoring, computer- ized data inventory and analysis, and applied research program for the Upper Mississippi River and Illinois River to determine trends in ecosystem health, to un- derstand systemic changes, and to help identify res- toration needs. The program shall consider and adopt the monitoring program established under section 1103(e)(1)(A)(ii) of the Water Resources Development Act of 1986 (33 U.S.C. 652(e)(1)(A)(ii)). ‘‘(d) ECOSYSTEM RESTORATION PRECONSTRUCTION ENGI- NEERING AND DESIGN.— ‘‘(1) RESTORATION DESIGN.—Before initiating the construction of any individual ecosystem restoration project, the Secretary [of the Army] shall— ‘‘(A) establish ecosystem restoration goals and identify specific performance measures designed to demonstrate ecosystem restoration; ‘‘(B) establish the without-project condition or baseline for each performance indicator; and ‘‘(C) for each separable element of the ecosystem restoration, identify specific target goals for each performance indicator. ‘‘(2) OUTCOMES.—Performance measures identified under paragraph (1)(A) shall include specific measur- able environmental outcomes, such as changes in water quality, hydrology, or the well-being of indi- cator species the population and distribution of which are representative of the abundance and diver- sity of ecosystem-dependent aquatic and terrestrial species. ‘‘(3) RESTORATION DESIGN.—Restoration design car- ried out as part of ecosystem restoration shall in- clude a monitoring plan for the performance meas- ures identified under paragraph (1)(A), including— ‘‘(A) a timeline to achieve the identified target goals; and ‘‘(B) a timeline for the demonstration of project completion. ‘‘(e) CONSULTATION AND FUNDING AGREEMENTS.— ‘‘(1) IN GENERAL.—In carrying out the environ- mental sustainability, ecosystem restoration, and monitoring activities authorized in this section, the Secretary [of the Army] shall consult with the Sec- retary of the Interior and the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin. ‘‘(2) FUNDING AGREEMENTS.—The Secretary is au- thorized to enter into agreements with the Secretary of the Interior, the Upper Mississippi River Basin As- sociation, and natural resource and conservation agencies of the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin to provide for the direct par- ticipation of and transfer of funds to such entities for the planning, implementation, and evaluation of projects and programs established by this section. ‘‘(f) SPECIFIC PROJECTS AUTHORIZATION.— ‘‘(1) IN GENERAL.—There is authorized to be appro- priated to carry out this subsection $1,717,000,000, of which not more than $245,000,000 shall be available for projects described in subsection (b)(2)(B) and not more than $48,000,000 shall be available for projects described in subsection (b)(2)(J). Such sums shall re- main available until expended. ‘‘(2) LIMITATION ON AVAILABLE FUNDS.—Of the amounts made available under paragraph (1), not more than $35,000,000 in any fiscal year may be used for land acquisition under subsection (b)(4). ‘‘(3) INDIVIDUAL PROJECT LIMIT.—Other than for projects described in subparagraphs (B) and (J) of subsection (b)(2), the total cost of any single project carried out under this subsection shall not exceed $25,000,000. ‘‘(4) MONITORING.—In addition to amounts author- ized under paragraph (1), there are authorized $10,420,000 per fiscal year to carry out the monitoring program under subsection (c) if such sums are not ap- propriated pursuant to section 1103(e)(4) the Water Resources Development Act of 1986 (33 U.S.C. 652(e)(4)). ‘‘(g) IMPLEMENTATION REPORTS.— ‘‘(1) IN GENERAL.—Not later than June 30, 2009, and every 4 years thereafter, the Secretary [of the Army] 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— Page 173 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 652 ‘‘(A) includes baselines, milestones, goals, and priorities for ecosystem restoration projects; and ‘‘(B) measures the progress in meeting the goals. ‘‘(2) ADVISORY PANEL.— ‘‘(A) IN GENERAL.—The Secretary shall appoint and convene an advisory panel to provide inde- pendent guidance in the development of each imple- mentation report under paragraph (1). ‘‘(B) PANEL MEMBERS.—Panel members shall in- clude— ‘‘(i) one representative of each of the State re- source agencies (or a designee of the Governor of the State) from each of the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin; ‘‘(ii) one representative of the Department of Agriculture; ‘‘(iii) one representative of the Department of Transportation; ‘‘(iv) one representative of the United States Geological Survey; ‘‘(v) one representative of the United States Fish and Wildlife Service; ‘‘(vi) one representative of the Environmental Protection Agency; ‘‘(vii) one representative of affected landowners; ‘‘(viii) two representatives of conservation and environmental advocacy groups; and ‘‘(ix) two representatives of agriculture and in- dustry advocacy groups. ‘‘(C) CHAIRPERSON.—The Secretary shall serve as chairperson of the advisory panel. ‘‘(D) APPLICATION OF CHAPTER 10 OF TITLE 5, UNITED STATES CODE.—The Advisory Panel and any working group established by the Advisory Panel shall not be considered an advisory committee under chapter 10 of title 5, United States Code. ‘‘(h) RANKING SYSTEM.— ‘‘(1) IN GENERAL.—The Secretary [of the Army], in consultation with the Advisory Panel, shall develop a system to rank proposed projects. ‘‘(2) PRIORITY.—The ranking system shall give greater weight to projects that restore natural river processes, including those projects listed in sub- section (b)(2). ‘‘SEC. 8005. COMPARABLE PROGRESS. ‘‘(a) IN GENERAL.—As the Secretary [of the Army] conducts pre-engineering, design, and construction for projects authorized under this title, the Secretary shall— ‘‘(1) select appropriate milestones; ‘‘(2) determine, at the time of such selection, whether the projects are being carried out at com- parable rates; and ‘‘(3) make an annual report to Congress, beginning in fiscal year 2009, regarding whether the projects are being carried out at a comparable rate. ‘‘(b) NO COMPARABLE RATE.—If the Secretary [of the Army] or Congress determines under subsection (a)(2) that projects authorized under this title are not mov- ing toward completion at a comparable rate, annual funding requests for the projects shall be adjusted to ensure that the projects move toward completion at a comparable rate in the future.’’ UPPER MISSISSIPPI RIVER BASIN SEDIMENT AND NUTRIENT STUDY Pub. L. 106–541, title IV, § 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 trib- utaries 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 sedi- ment and nutrient transport, with emphasis on ni- trogen 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 trans- port. ‘‘(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 man- agement 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 prelimi- nary 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 find- ings and recommendations of the study. ‘‘(e) FUNDING.— ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this sec- tion $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, § 459, Aug. 17, 1999, 113 Stat. 332, as amended by Pub. L. 106–541, title IV, § 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 re- lated 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 au- thorize 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 cur- rent 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 Page 174 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 653 1 See References in Text note below. ‘‘(2) make maximum use of data in existence on the date of enactment of this Act [Aug. 17, 1999] and ongo- ing 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 re- sulting from development of the plan shall be subject to cost sharing under section 105 of the Water Re- sources 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 sec- tion 2201 of this title. § 653. Extension of jurisdiction of Mississippi River Commission The jurisdiction of the Mississippi River Com- mission (established by the Act of June 29, 1879 1 (33 U.S.C. 641)) is extended to include— (1) Terrebonne Parish, Louisiana; and (2) the area bounded by the East Atchafalaya Basin Protection Levee, the Mississippi River Levee, and Bayou Lafourche and extending from Morganza, Louisiana, to the Gulf of Mex- ico, insofar as such area is affected by the flood waters of the Mississippi River. (Pub. L. 102–580, title III, § 301, Oct. 31, 1992, 106 Stat. 4838.) Editorial Notes REFERENCES IN TEXT Act of June 29, 1879 (33 U.S.C. 641), referred to in text, probably means the act of June 28, 1879, ch. 43, 21 Stat. 37, which enacted sections 641 to 644, 646, and 647 of this title. § 653a. Extension of jurisdiction of Mississippi River Commission The jurisdiction of the Mississippi River Com- mission, established by section 641 of this title, is extended to include— (1) all of the area between the eastern side of the Bayou Lafourche Ridge from Donaldsonville, Louisiana, to the Gulf of Mex- ico and the west guide levee of the Mississippi River from Donaldsonville, Louisiana, to the Gulf of Mexico; (2) Alexander County, Illinois; and (3) the area in the State of Illinois from the confluence of the Mississippi and Ohio Rivers northward to the vicinity of Mississippi River mile 39.5, including the Len Small Drainage and Levee District, insofar as such area is af- fected by the flood waters of the Mississippi River. (Pub. L. 104–303, title V, § 517, Oct. 12, 1996, 110 Stat. 3764.) CHAPTER 14—CALIFORNIA DEBRIS COMMISSION Sec. 661. Creation of commission; appointment of members; vacancies; powers generally. Sec. 662. Organization; compensation of members; rules and regulations of procedure; trav- eling expenses. 663. Territorial jurisdiction over hydraulic min- ing; hydraulic mining injurious to naviga- tion prohibited. 664. General duties as to plans for protection of navigation. 665. Survey for debris reservoirs; study of methods of mines and mining. 666. Noting conditions of navigable channels. 667. Annual reports. 668. ‘‘Hydraulic mining’’ and ‘‘mining by hydrau- lic process’’ defined. 669. Petition by hydraulic miners. 670. Surrender to United States of right to regu- late debris of mine. 671. Petition for common dumping ground, etc. 672. Notice of petition for dumping grounds, etc.; hearing. 673. Order by commission directing method of mining, etc.; expenses of complying with order; exemption from mining taxes. 674. Plans for and supervision of work required by order; permit to commence mining. 675. Conditions precedent for commencement of mining operations. 676. Allotment of expenses for common dumping grounds; location of impounding works. 677. Limitation as to quantity of debris washed away. 678. Modification and revocation of permit to mine. 679. Violation of permit to mine; penalty. 680. Examination of mines; reports. 681. Repealed. 682. Malicious injury to works; injury to navi- gable waters by hydraulic mining; penalty. 683. Tax on operation of hydraulic mines; ‘‘debris fund’’; advances by mine owners; storage for water and use of outlet facilities. 684. Cooperation by commission with State au- thorities. 685. Construction by commission of restraining works, etc.; use of debris fund. 686. Construction of restraining works in conjunc- tion with State. 687. Use of State dredge and appliances in river and harbor improvements. § 661. Creation of commission; appointment of members; vacancies; powers generally A commission is created, to be known as the California Debris Commission, consisting of three members. The President of the United States shall, by and with the advice and consent of the Senate, appoint the commission from offi- cers of the Corps of Engineers, United States Army. Vacancies occurring therein shall be filled in like manner. It shall have the author- ity, and exercise the powers set forth in sections 662 to 685 of this title, under the supervision of the Chief of Engineers and direction of the Sec- retary of the Army. (Mar. 1, 1893, ch. 183, § 1, 27 Stat. 507; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956,