S. 5151: Mississippi River Restoration and Resilience Initiative Act

This bill would create a new federal program focused on restoring and strengthening the Mississippi River and its surrounding watershed. It would set up a new EPA office to manage the program, require coordination with other federal agencies, and create research centers to study the river and guide restoration work.

What the program is for

The bill says the goal is to improve the ecological health and resilience of the Mississippi River corridor for people, fish, wildlife, and future generations. It describes the program as nonregulatory, meaning it would provide funding and coordination for projects rather than impose new direct rules on private parties through this law.

New office and coordination

The bill would create a Mississippi River National Program Office within the Environmental Protection Agency. The office would be located in a Mississippi River state and led by a director with relevant management and technical experience.

That director would be responsible for coordinating EPA actions related to the river, developing and updating the program’s goals and action plan, making information publicly available, consulting with Tribal governments and organizations, and issuing annual reports to Congress.

The bill also names a Tribal Liaison in the office to improve communication and coordination with Tribes.

Types of projects the program could fund

The initiative would fund projects that address at least one of several focus areas, including:

• improving water quality and drinking water quality by reducing polluted runoff, excess nutrients, and sediment;
• reducing flood and storm risks by restoring floodplains, wetlands, delta areas, and backwaters;
• protecting and restoring fish and wildlife habitat;
• preventing the spread of aquatic invasive species;
• improving communication and partnerships around these issues; and
• monitoring and evaluating scientific data related to these problems.

Examples of eligible activities include restoring wetlands and stream habitats, removing or modifying structures such as culverts, levees, and dams to restore natural water flow, permanently protecting land through conservation easements or land purchases, using dredged sediment for habitat restoration, relocating or removing flood-prone structures, improving soil health, reducing stormwater runoff, cleaning up certain legacy contaminants, controlling invasive aquatic species, and supporting community planning, research, outreach, and workforce training.

Planning and goals

Within 1 year, the program director would have to set measurable goals for the initiative. Within 2 years, the director would have to create an action plan describing how the program will make progress. That plan would have to identify existing programs that could help, recommend a broader restoration approach, and include objectives, measures of progress, and possibly specific projects, timelines, budgets, and responsible entities.

The goals and action plan would need to be updated at least every 5 years. The director would have to consult with Mississippi River states, Tribal governments, federal agencies, local governments, nonprofits, universities, and the public, including through a formal public comment process.

Research centers and science plan

The bill would require the Department of the Interior and the U.S. Geological Survey to create a network of three Mississippi River Corridor Research Centers: one national center and two regional centers, one for the upper river and one for the lower river. These centers would study the river, advise agencies, and coordinate research and monitoring.

The bill would also require a science forum and, afterward, a science plan that identifies research priorities, metrics, and proposals for the initiative. That science plan would be updated regularly and used to inform the program’s action plan.

Funding rules

The bill would allow EPA to transfer money to other federal agencies, federal programs, or non-federal partners to carry out the initiative. It would require at least 5% of program funds to go to the Bureau of Indian Affairs for grants or agreements with Tribal governments or Tribal organizations.

For most non-Tribal projects, the federal share would generally be capped at 80% of project costs, though some projects involving Tribal governments or certain community-building activities could be funded at 100%.

The bill would also say that these funds cannot be used for water infrastructure work that is already getting financing from certain other federal programs, such as state revolving loan funds or WIFIA.

Other provisions

Federal agencies involved in Mississippi River-related research, monitoring, or planning would have to report annually on their activities, look for new projects, ensure MRRRI funds supplement rather than replace other funding, and try to maintain or increase their existing Mississippi River spending.

The EPA would have to include the initiative as a separate line item in its annual budget request to Congress.

The bill also says it does not waive other environmental laws, such as NEPA or the Endangered Species Act, and does not replace the existing Hypoxia Task Force.

Relevant Companies

None found