S. 1078 — Mississippi River Basin Fishery Commission Act

This section designates the Act as the “Mississippi River Basin Fishery Commission Act” and sets forth its table of contents.

This section states congressional findings on the Mississippi River Basin—the Nation's largest watershed at approximately 1,200,000 square miles covering 41% of the continental United States—as a valuable ecosystem supporting subsistence, commercial, and recreational fisheries shared by 31 states, multiple federal agencies, and 2 Canadian provinces. The section recognizes existing interstate partnerships, including the Mississippi Interstate Cooperative Resource Association (MICRA) established in 1991, and declares the need for a Mississippi River Basin Fishery Commission to promote basin-wide collaboration on interjurisdictional fishery management, invasive species control (e.g., invasive carps), and long-term biologic and economic sustainability.

This section defines terms used in the Act, including “aquatic invasive species” (i.e., a nonindigenous species threatening native species or dependent activities in infested waters); “Commission” (i.e., the Mississippi River Basin Fishery Commission established under section 4); “eligible entity” (including agencies of Mississippi River Basin States, Indian Tribes as defined in 25 U.S.C. 5304, U.S. Geological Survey, U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers, and Tennessee Valley Authority); “invasive carp” (i.e., bighead, black, grass, and silver carp); “Mississippi River Basin State” (i.e., 31 specified states); and others relating to fishery resources and management.

This section establishes the Mississippi River Basin Fishery Commission in the Department of the Interior. Any eligible entity may join the Commission by notifying the executive director and existing members in writing.

This section establishes the governance structure for the Commission, including (1) voting delegates from member entities—directors of fisheries for states and appointees for federal agencies and Indian tribes; (2) status as a body corporate, with governance established by member entities; (3) appointment of a full-time executive director and staff without voting rights; (4) election of a chair and vice chair from member entities; (5) authority to adopt rules for conducting business; (6) authorization to establish offices in the Mississippi River Basin and to meet at least annually; (7) decision-making by majority vote of member entities, striving for unanimity and operating by consensus; and (8) exemption from the Federal Advisory Committee Act.

This section directs the Commission to oversee management plans and implementation for interjurisdictional fisheries in six Mississippi River sub-basins (Arkansas-Red-White, Lower Mississippi, Missouri, Ohio, Tennessee-Cumberland, and Upper Mississippi) to ensure long-term biologic and economic sustainability. The section further requires the Commission to (1) adopt the MICRA Joint Strategic Plan for Management of Mississippi River Fisheries—approved by 28 basin states—as its management framework; (2) research and implement best scientific methods, practices, and conditions for conservation and sustainable management of those fisheries; (3) develop and coordinate inter-agency strategies to prevent and control invasive carps and other prioritized aquatic invasive species, including recommendations to management agencies; (4) consult with and advise pertinent agencies on fisheries problems and recommend regulations; and (5) reexamine and evaluate the plan not later than 30 years after enactment of this Act, in consultation with the Secretary, and report to Congress on fishery populations and invasive species management.

This section directs the Commission, in consultation with the Secretary and not later than two years after enactment, to establish (1) a competitive grant program to award grants to eligible entities for eligible projects and (2) a formula grant program to award grants to state member entities for eligible interjurisdictional fisheries projects consistent with Commission recommendations or the Joint Strategic Plan. Eligible entities include state member entities for both grant types and, for competitive grants only, private entities, federal agencies, nongovernmental organizations, public and private institutions of higher education, and partnerships thereof. In awarding competitive grants, the Commission must prioritize applicants providing non-Federal matching funds of at least 10% (cash or in-kind). Grant recipients must use funds only for projects, research, personnel, work, and programs located wholly or partially in a Mississippi River Basin state, aligned with (for competitive grants) the Joint Strategic Plan and the six Mississippi River sub-basin fisheries management plans or (for formula grants) Commission recommendations or the Joint Strategic Plan; up to 5% of funds may be used for administrative costs. Not later than one year after grant disbursement, the Commission Chair must report to Congress on recipients, grant amounts, uses of funds, and contributions to interjurisdictional fisheries management and sustainability in the Mississippi River Basin.

This section establishes the Commission's authority as nonbinding and provides a rule of construction clarifying that the Act does not (1) limit any state member's authority to repeal or enact state laws, (2) limit any state member's enforcement of additional in-state fishery conservation measures, or (3) impede, supersede, or alter the authority of the Great Lakes Fishery Commission, states, or Indian tribes under the Convention on Great Lakes Fisheries (signed September 10, 1954) or the Joint Strategic Plan for Management of Great Lakes Fisheries.

This section requires a member entity intending to withdraw from the Commission to submit written notice of intent to withdraw at least six months before the withdrawal date to (1) the Commission and (2) each other member entity.

This section requires the Commission to submit to Congress, not later than September 1 of each year after enactment, a report setting forth its activities during the previous year.

This section authorizes appropriations for the Commission as follows: (1) $1 million for FY2026 to carry out initial administrative steps necessary to set up operations, house, and administer the Commission; (2) for carrying out sections 6 and 7, $30 million for each of FY2027 through FY2031 and $50 million for each of FY2032 through FY2036, to remain available until expended; and (3) $500,000 for each of FY2025 through FY2035 to the Secretary of the Interior for housing the Commission, to remain available until expended.