Bill Text: MO HCR48 | 2014 | Regular Session | Introduced
Bill Title: Strongly urges the Army Corps of Engineers to not proceed with the Jameson Island project unless excavated soil is deposited outside the meander belt and not into the Missouri River
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2014-05-13 - Referred: Senate Rules, Joint Rules, Resolutions, and Ethics(S) [HCR48 Detail]
Download: Missouri-2014-HCR48-Introduced.html
SECOND REGULAR SESSION
House Concurrent Resolution No. 48
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES MCGAUGH (Sponsor), REIBOLDT, JOHNSON, GUERNSEY, HAMPTON, ROWLAND, HOUGHTON, PHILLIPS, KOLKMEYER, KELLY (45) AND SCHIEFFER (Co-sponsors).
WHEREAS, the Missouri River Bank Stabilization and Navigation Fish and Wildlife Mitigation Project was initially authorized by Congress under P.L. 99-662. A total of 48,100 acres were authorized for mitigation, which included the acquisition and habitat restoration, preservation, and development of 29,900 acres of land and on an additional 18,200 acres of existing public land in the state of Iowa, Kansas, Missouri, and Nebraska; and
WHEREAS, P.L. 106-3 modified the Mitigation Project by increasing the amount of acreage to be acquired or mitigated by 118,650 acres and included the restoration of 7,000 to 20,000 acres of shallow water habitat (SWH), resulting in the total amount of land authorized for mitigation to be 166,750 acres; and
WHEREAS, on March 30, 2012, the United States Army Corps of Engineers (Corps) announced a plan to resume Missouri River SWH restoration efforts in Missouri after halting any SWH construction in Missouri in 2007 due to concerns raised by the Missouri Clean Water Commission; and
WHEREAS, the Corps proposes to finish construction of SWH on the United States Fish and Wildlife Service (USFWS) Big Muddy National Fish and Wildlife Refuge, Jameson Island Unit by constructing a chute approximately 6,000 feet long by approximately 75 feet wide, and excavating to a depth of 5 feet from the Construction Reference Plane; and
WHEREAS, the Corps' plan would extend the existing Jameson Island chute approximately one mile to the west where another outlet to the Missouri River would be constructed. To create the chute, approximately 420,812 cubic yards of earthen material would be removed using a hydraulic dredge. The earthen material would be pumped as a slurry mixture of water and soil and placed into the Missouri River; and
WHEREAS, over time, the chute is expected to widen and deepen, with approximately 546,580 cubic yards of additional soil deposited into the Missouri River; and
WHEREAS, this extension of the Jameson Island chute would result in approximately 16.77 acres of SWH at the completion of construction, and is eventually expected to develop through natural river processes to approximately 30 acres of SWH, with 27 acres of chute and 3 acres of backwater; and
WHEREAS, the project would assist the Corps in meeting SWH goals established for federally listed endangered pallid sturgeon on the Missouri River by the USFWS in their 2003 Amendment to the 2000 Biological Opinion (Bi-Op) on the Operation of the Missouri River Main Stem Reservoir System; and
WHEREAS, failure to meet the current Bi-Op goals through construction of a SWH could require the Corps to meet SWH targets using mainstem reservoir flows, may require reconsultation with the USFWS, and potentially lead to legal action and court-directed measures; and
WHEREAS, depositing excavated soil directly into the Missouri River:
(1) Contradicts long-standing efforts, including investment of the one-tenth cent Parks and Soils sales tax, which have had success in promoting soil conservation practices;
(2) Ignores best management practices;
(3) Contradicts enforcement actions taken by the United States Environmental Protection Agency and the Missouri Department of Natural Resources;
(4) Increases nutrient-rich sediment flowing to the Gulf of Mexico; and
WHEREAS, Missourians support conservation efforts that are scientifically based. Taxpayer funds, such as the Parks and Soils sales tax, are used by landowners to implement practices to prevent or minimize sediment and nutrients from entering our waterways. This project is in direct contradiction to Missouri's long-standing soil stewardship efforts by unnecessary disposing of Missouri's soil resources; and
WHEREAS, while questions remain about the scientific benefits of chutes to the pallid sturgeon, modifications to the existing chute are necessary to prevent further damage to the levee opposite the existing outlet; and
WHEREAS, it is possible to realign the current chute and achieve the stated goal of developing SWH without depositing soil into the Missouri River; and
WHEREAS, the construction of chutes to provide SWH lacks clear and convincing evidence that preservation of the pallid sturgeon will be enhanced, and conflicts with established state policies that benefit the integrity of Missouri's soil and water; and
WHEREAS, the Corps should proceed with the modification of the Jameson Island chute only if excavated soil is not deposited in the Missouri River but outside the meander belt:
NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-seventh General Assembly, Second Regular Session, the Senate concurring therein, hereby strongly urge the Corps not to proceed with the shallow water habitat modification project on the USFWS Big Muddy National Fish and Wildlife Refuge, Jameson Island Unit, unless excavated soil is deposited outside the meander belt and not into the Missouri River; and
BE IT FURTHER RESOLVED that the Missouri General Assembly strongly urges the Corps to work with the Missouri Clean Water Commission to ensure that any future SWH projects within the State of Missouri provide clear benefits to the preservation of the pallid sturgeon do not degrade Missouri's soil and water resources; and
BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the United States Army Corps of Engineers, the United States Fish and Wildlife Service, and each member of the Missouri Congressional delegation.
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