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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1078 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1078
To establish the Mississippi River Basin Fishery Commission, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 14, 2025
Mr. Wicker (for himself, Ms. Baldwin, and Mr. Boozman) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To establish the Mississippi River Basin Fishery Commission, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Mississippi River
Basin Fishery Commission Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Establishment of Mississippi River Basin Fishery Commission.
Sec. 5. Commission governance.
Sec. 6. Commission management duties.
Sec. 7. Commission grant program.
Sec. 8. Nonbinding authority.
Sec. 9. Withdrawal from the Commission.
Sec. 10. Report to Congress.
Sec. 11. Appropriations.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Management of the inland fishery resources of the
Mississippi River Basin are shared by 31 States, multiple
Federal agencies, and 2 Canadian provinces.
(2) The Mississippi River Basin is the fourth largest
watershed in the world, and the largest watershed in the
Nation, draining all or part of 31 States and 2 Canadian
provinces. The watershed measures approximately 1,200,000
square miles, and covers 41 percent of the continental United
States.
(3) The Mississippi River and its tributaries comprise 1 of
the largest and most valuable ecosystems in the world.
(4) The Mississippi River Basin supports economically and
culturally significant subsistence, commercial, and
recreational fisheries.
(5) States within the Mississippi River Basin have formed
multiple regional interstate partnerships, and 1 basin-wide
partnership, to promote cooperation and communication among the
conservation agencies to manage the interjurisdictional fishery
resources of the basin. Twenty-eight Mississippi River Basin
State fishery agencies, the United States Fish and Wildlife
Service, the Bureau of Reclamation, the United States
Geological Survey, the Tennessee Valley Authority, the
Chippewa-Cree Tribe, and the Chickasaw Nation ratified the
Mississippi Interstate Cooperative Resource Agreement in 1990
and formed the Mississippi Interstate Cooperative Resource
Association (MICRA) in 1991 to improve the management of
interjurisdictional fishery resources in the basin.
(6) Recognizing the economic, ecologic, and cultural value
of the diverse interjurisdictional fishery resources in the
Mississippi River Basin and the complexity and severity of
issues facing resource management agencies, Congress
acknowledges the need for the establishment of a Mississippi
River Basin Fishery Commission for basin-wide, inter-agency
collaboration in the establishment of shared management
objectives, and the collaborative planning, implementation, and
evaluation of management actions to provide for the long-term
biologic and economic sustainability of interjurisdictional
fishery resources in the basin.
(7) As long-term sustainability of interjurisdictional
fishery resources is dependent on the control of aquatic
invasive species within the Mississippi River Basin, it is the
further purpose of this Commission to provide for coordinated,
inter-agency, basin-wide management, control, and removal of
invasive carps and other prioritized aquatic invasive species
within the basin.
(8) By consent of Congress, and as directed by Federal law
under the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.) and the Interjurisdictional
Fisheries Act of 1986 (16 U.S.C. 4101 et seq.), sustainable
fisheries within the United States coastal waters of the
Pacific, Atlantic, and Caribbean Oceans, and the Gulf of
Mexico, have been managed by multi-state commissions and
fishery councils for many decades.
(9) The interjurisdictional and international fishery
resources of the Great Lakes are cooperatively managed by the
Great Lakes Fishery Commission, operating through the 1954
Convention on Great Lake Fisheries.
(10) The Mississippi River Basin Fishery Commission will
improve the management and utilization of sustainable
interjurisdictional fisheries resources in the Mississippi
River Basin through the development of a multi-agency program
for the joint management and protection of such fisheries.
SEC. 3. DEFINITIONS.
In this Act:
(1) Aquatic invasive species.--The term ``aquatic invasive
species'' means a nonindigenous species that threatens the
diversity or abundance of native species in, or the ecological
stability of, infested waters, or commercial, agricultural,
aquacultural, or recreational activities dependent on such
waters.
(2) Commission.--The term ``Commission'' means the
Mississippi River Basin Fishery Commission established under
section 4.
(3) Director of fisheries.--The term ``director of
fisheries'' means the individual in a State who is the highest
designated officer in charge of fisheries management employed
by the State, regardless of the formal title of such
individual.
(4) Eligible entity.--The term ``eligible entity''
includes--
(A) any political subdivision, agency, or
department of a Mississippi River Basin State that
regulates Mississippi River Basin fisheries;
(B) an Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)) or an entity controlled by an Indian
Tribe that manages Mississippi River Basin fisheries;
(C) the United States Geological Survey;
(D) the United States Fish and Wildlife Service:
(E) the United States Army Corps of Engineers;
(F) the Engineer Research and Development Center of
the United States Army Corps of Engineers; and
(G) the Tennessee Valley Authority.
(5) Fishery resource.--The term ``fishery resource'' means
finfish, mollusks, crustaceans, and any other form of animal or
plant life, other than mammals or birds.
(6) Interjurisdictional fishery resource.--The term
``interjurisdictional fishery resource'' means--
(A) a fishery resource located in a fishery in
waters under the jurisdiction of 2 or more Mississippi
River Basin States;
(B) a fishery resource for which there exists an
interstate fishery management plan; or
(C) a fishery resource that migrates between the
waters under the jurisdiction of 2 or more Mississippi
River Basin States.
(7) Invasive carp.--The term ``invasive carp'' means an
aquatic invasive species of finfish that--
(A) originated in Europe and Asia;
(B) spread quickly once they are established in a
body of water or waterway;
(C) cause serious damage to the native fish
populations, as well as economic and physical harm to
humans; and
(D) include the bighead carp, black carp, grass
carp, and silver carp.
(8) Member entity.--The term ``member entity'' means an
eligible entity that maintains an active membership in the
Commission.
(9) Mississippi river basin state.--The term ``Mississippi
River Basin State'' means a State whose borders include waters
that drain into the Mississippi River Basin, including Alabama,
Arkansas, Colorado, Georgia, Illinois, Indiana, Iowa, Kansas,
Kentucky, Louisiana, Maryland, Michigan, Minnesota,
Mississippi, Missouri, Montana, Nebraska, New Mexico, New York,
North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania,
South Dakota, Tennessee, Texas, Virginia, West Virginia,
Wisconsin, and Wyoming.
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. ESTABLISHMENT OF MISSISSIPPI RIVER BASIN FISHERY COMMISSION.
(a) In General.--There is established in the Department of the
Interior the Mississippi River Basin Fishery Commission.
(b) Members of the Commission.--Any eligible entity may join the
Commission by notifying the executive director and existing members of
the Commission in writing of its intent to join the Commission.
SEC. 5. COMMISSION GOVERNANCE.
(a) Voting Delegates.--
(1) States.--With respect to each eligible entity described
in section 3(4)(A) that joins the Commission, the director of
fisheries of such eligible entity shall serve as the voting
delegate to represent such entity's interests on the
Commission.
(2) Federal agencies and indian tribes.--With respect to
each eligible entity described in any of subparagraphs (B)
through (G) of section 3(4) that joins the Commission, such
entity shall appoint 1 individual to serve as the voting
delegate to represent such entity's interests on the
Commission.
(b) Body Corporate.--The Commission shall be a body corporate with
the powers and duties described in this Act. The member entities shall
establish a governance structure for the Commission.
(c) Executive Director and Staff.--The Commission shall--
(1) appoint a full-time executive director and staff as
needed to carry out the administrative duties of the
Commission, who shall--
(A) provide advice to, and carry out operational
duties of, the Commission; and
(B) have no voting rights on the Commission; and
(2) at its pleasure, appoint, remove, or discharge such
executive director and staff, as may be needed, and fix and
determine their duties, qualifications, and compensation.
(d) Chair and Vice Chair.--The Commission shall elect a Chair and a
Vice Chair of the Commission from the member entities.
(e) Rules and Regulations.--The Commission shall adopt rules and
regulations for the conduct of its business.
(f) Offices and Meetings.--The Commission--
(1) may establish and maintain 1 or more offices for the
transaction of its business, which shall be located within the
Mississippi River Basin; and
(2) may meet at any time or place but not less often than
annually.
(g) Decision Making.--The Commission may make a recommendation or
take an action regarding its general affairs only by an affirmative
vote of a majority of the member entities. The Commission shall strive
for unanimity in its decisions but shall operate by consensus in its
decision making.
(h) FACA Not To Apply.--Chapter 10 of title 5, United States Code,
shall not apply to the Commission.
SEC. 6. COMMISSION MANAGEMENT DUTIES.
(a) Overseeing Sub-Basin Fishery Management.--
(1) In general.--The Commission shall oversee the
management plans and the implementation and evaluation of the
effectiveness of management actions of the 6 Mississippi River
sub-basins described in paragraph (2) to provide for the long-
term biologic and economic sustainability of
interjurisdictional fisheries in the Mississippi River Basin.
(2) Sub-basins.--The 6 Mississippi River sub-basins are the
Arkansas-Red-White, the Lower Mississippi, the Missouri, the
Ohio, the Tennessee-Cumberland, and the Upper Mississippi.
(b) Commission Management Plan.--
(1) In general.--As the framework for a management plan for
the Commission, the Commission shall adopt and use the MICRA
Joint Strategic Plan for Management of Mississippi River
Fisheries, which--
(A) was adopted and approved by 28 States in the
Mississippi River Basin; and
(B) establishes a formal commitment to a set of
strategic procedures for a coordinated, inter-agency
approach to cooperatively managing self-sustaining
interjurisdictional fishery resources in the
Mississippi River Basin.
(2) Best methods, practices, and conditions.--The
Commission shall work to research and implement the best
scientific methods, best practices, and best conditions to
bring about the conservation and sustainable management of
interjurisdictional fisheries in the Mississippi River Basin.
(3) Strategies to control invasive species.--The Commission
shall--
(A) develop and coordinate inter-agency and inter-
basin strategies to prevent the introduction and
control the abundance and spread of invasive carps and
other prioritized aquatic invasive species within the
Mississippi River Basin; and
(B) draft and recommend to the appropriate
management agencies strategies and approaches for
dealing with the conservation of interjurisdictional
fisheries and the management and control of aquatic
invasive species within the Mississippi River Basin.
(4) Consultation and advice.--The Commission shall consult
with and advise the pertinent administrative agencies party to
the Commission regarding problems connected with the fisheries
in the Mississippi River Basin and recommend the adoption of
such regulations as it determines advisable.
(5) Reexamination and evaluation of joint strategic plan.--
Not later than 30 years after the date of enactment of this
Act, the Commission, in consultation with the Secretary,
shall--
(A) reexamine and evaluate the Joint Strategic Plan
described in paragraph (1) to--
(i) determine which portions of the Plan
have been completed and which need updating;
and
(ii) add new objectives, if any, to the
Plan; and
(B) issue a report to Congress on the status of
interjurisdictional fishery populations and the state
of the ongoing work to eradicate, manage, and control
aquatic invasive species in the Mississippi River Basin
in accordance with the management plan of the
Commission.
SEC. 7. COMMISSION GRANT PROGRAM.
(a) Establishment of Grant Program.--Not later than 2 years after
the date of enactment of this Act, the Commission, in consultation with
the Secretary, shall establish--
(1) a competitive grant program to award grants to entities
to carry out an eligible project; and
(2) a formula grant program to award grants to State member
entities to carry out eligible interjurisdictional fisheries
projects carried out in accordance with the recommendation of
the Commission or the Joint Strategic Plan described in section
6(b)(1).
(b) Entities Eligible To Receive Grants.--The Commission may
provide--
(1) formula grants and competitive grants to State member
entities; and
(2) competitive grants to private entities, Federal
agencies, nongovernmental organizations, public and private
institutions of higher education, and partnerships between
entities described in this subsection.
(c) Competitive Grants.--
(1) Applications.--An entity desiring a competitive grant
under this section shall submit to the Commission an
application at such time, in such manner, and containing such
information as the Commission may require.
(2) Priority for entities providing matching funds.--In
awarding competitive grants under this section, the Commission
shall give priority to entities that will provide matching
funds from non-Federal sources of not less than 10 percent of
the grant award, which may be provided in cash or in-kind.
(d) Formula Grant Program.--The Commission shall determine the
amount that each State member entity shall receive annually under the
formula grant program.
(e) Use of Funds.--An entity that receives a grant under this
section shall use the grant funds--
(1) in the case of--
(A) a competitive grant, in accordance with the
goals and objectives of the Joint Strategic Plan
described in section 6(b)(1) and each of the
interjurisdictional fisheries management plans of the 6
Mississippi River sub-basins described in section
6(a)(2); and
(B) a formula grant, to carry out eligible
interjurisdictional fisheries projects carried out in
accordance with the recommendation of the Commission or
the Joint Strategic Plan described in section 6(b)(1);
and
(2) only for projects, research, personnel, work, and
programs located wholly or partially in a Mississippi River
Basin State.
(f) Administrative Costs.--An entity awarded a grant under this
section may use not more than 5 percent of the grant funds for
administrative costs relating to the grant.
(g) Report Requirements.--Not later than 1 year after the
disbursement of grant funding under this section, the Chair of the
Commission shall submit to Congress a report on--
(1) the entities awarded grants under this section;
(2) the amount each such grant;
(3) how such entities used the grant awards; and
(4) how such grant awards enhanced the management and
sustainability of the interjurisdictional fisheries of the
Mississippi River Basin.
SEC. 8. NONBINDING AUTHORITY.
(a) In General.--The authority of the Commission shall be
nonbinding.
(b) Rule of Construction.--Nothing in this Act shall be construed--
(1) to limit the powers of any member entity that is a
State to repeal or enact State laws;
(2) to limit the enforcement of any requirement by any
member entity that is a State imposing additional conditions
and restrictions to conserve its fisheries within the borders
of the State; or
(3) to impede, supersede, or alter the authority of the
Great Lakes Fishery Commission, States, or Indian tribes under
the Convention on Great Lakes Fisheries between the United
States of America and Canada signed at Washington, September
10, 1954 or the Joint Strategic Plan for Management of Great
Lakes Fisheries.
SEC. 9. WITHDRAWAL FROM THE COMMISSION.
A member entity that intends to withdraw from the Commission shall
submit a notice of intent to withdraw in writing not later than 6
months before the date of the withdrawal to--
(1) the Commission; and
(2) each of the other member entities of the Commission.
SEC. 10. REPORT TO CONGRESS.
Not later than September 1 of each year after the date of enactment
of this Act, the Commission shall submit a report to Congress which
shall set forth the activities of the Commission during the previous
year.
SEC. 11. APPROPRIATIONS.
There are authorized to be appropriated--
(1) $1,000,000 for fiscal year 2026 to carry out the
initial administrative steps necessary to set up operations,
house, and administer the Commission;
(2) to carry out sections 6 and 7--
(A) $30,000,000 for each of fiscal years 2027
through 2031, to remain available until expended; and
(B) $50,000,000 for each of fiscal years 2032
through 2036, to remain available until expended; and
(3) $500,000 for each of fiscal years 2025 through 2035 to
the Secretary of the Interior for housing the Commission, to
remain available until expended.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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