[Pages H1611-H1613]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

UPPER MISSISSIPPI RIVER BASIN PROTECTION ACT

Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3671) to promote Department of the Interior efforts to
provide a scientific basis for the management of sediment and nutrient
loss in the Upper Mississippi River Basin, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 3671

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 ``Upper
Mississippi River Basin Protection Act''.
(b) Table of Contents.--The table of contents of this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Reliance on sound science.

TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK

Sec. 101. Establishment of monitoring network.
Sec. 102. Data collection and storage responsibilities.
Sec. 103. Relationship to existing sediment and nutrient monitoring.
Sec. 104. Collaboration with other public and private monitoring
efforts.
Sec. 105. Reporting requirements.
Sec. 106. National Research Council assessment.

TITLE II--COMPUTER MODELING AND RESEARCH

Sec. 201. Computer modeling and research of sediment and nutrient
sources.
Sec. 202. Use of electronic means to distribute information.
Sec. 203. Reporting requirements.

TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS

Sec. 301. Authorization of appropriations.
Sec. 302. Cost-sharing requirements.

SEC. 2. DEFINITIONS.

In this Act:
(1) The terms ``Upper Mississippi River Basin'' and
``Basin'' mean the watershed portion of the Upper Mississippi
River and Illinois River basins, from Cairo, Illinois, to the
headwaters of the Mississippi River, in the States of
Minnesota, Wisconsin, Illinois, Iowa, and Missouri. The
designation includes the Kaskaskia watershed along the
Illinois River and the Meramec watershed along the Missouri
River.
(2) The terms ``Upper Mississippi River Stewardship
Initiative'' and ``Initiative'' mean the activities
authorized or required by this Act to monitor nutrient and
sediment loss in the Upper Mississippi River Basin.
(3) The term ``sound science'' refers to the use of
accepted and documented scientific methods to identify and
quantify the sources, transport, and fate of nutrients and
sediment and to quantify the effect of various treatment
methods or conservation measures on nutrient and sediment
loss. Sound science requires the use of documented protocols
for data collection and data analysis, and peer review of the
data, results, and findings.

SEC. 3. RELIANCE ON SOUND SCIENCE.

It is the policy of Congress that Federal investments in
the Upper Mississippi River Basin must be guided by sound
science.

TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK

SEC. 101. ESTABLISHMENT OF MONITORING NETWORK.

(a) Establishment.--As part of the Upper Mississippi River
Stewardship Initiative, the Secretary of the Interior shall
establish a sediment and nutrient monitoring network for the
Upper Mississippi River Basin for the purposes of--
(1) identifying and evaluating significant sources of
sediment and nutrients in the Upper Mississippi River Basin;
(2) quantifying the processes affecting mobilization,
transport, and fate of those sediments and nutrients on land
and in water;
(3) quantifying the transport of those sediments and
nutrients to and through the Upper Mississippi River Basin;
(4) recording changes to sediment and nutrient loss over
time;
(5) providing coordinated data to be used in computer
modeling of the Basin, pursuant to section 201; and
(6) identifying major sources of sediment and nutrients
within the Basin for the purpose of targeting resources to
reduce sediment and nutrient loss.
(b) Role of United States Geological Survey.--The Secretary
of the Interior shall carry out this title acting through the
office of the Director of the United States Geological
Survey.

SEC. 102. DATA COLLECTION AND STORAGE RESPONSIBILITIES.

(a) Guidelines for Data Collection and Storage.--The
Secretary of the Interior shall establish guidelines for the
effective design of data collection activities regarding
sediment and nutrient monitoring, for the use of suitable and
consistent methods for data collection, and for consistent
reporting, data storage, and archiving practices.
(b) Release of Data.--Data resulting from sediment and
nutrient monitoring in the Upper Mississippi River Basin
shall be released to the public using generic station

[[Page H1612]]

identifiers and hydrologic unit codes. In the case of a
monitoring station located on private lands, information
regarding the location of the station shall not be
disseminated without the landowner's permission.

SEC. 103. RELATIONSHIP TO EXISTING SEDIMENT AND NUTRIENT
MONITORING.

(a) Inventory.--To the maximum extent practicable, the
Secretary of the Interior shall inventory the sediment and
nutrient monitoring efforts, in existence as of the date of
the enactment of this Act, of Federal, State, local, and
nongovernmental entities for the purpose of creating a
baseline understanding of overlap, data gaps and
redundancies.
(b) Integration.--On the basis of the inventory, the
Secretary of the Interior shall integrate the existing
sediment and nutrient monitoring efforts, to the maximum
extent practicable, into the sediment and nutrient monitoring
network required by section 101.
(c) Consultation and Use of Existing Data.--In carrying out
this section, the Secretary of the Interior shall make
maximum use of data in existence as of the date of the
enactment of this Act and of ongoing programs and efforts of
Federal, State, tribal, local, and nongovernmental entities
in developing the sediment and nutrient monitoring network
required by section 101.
(d) Coordination With Long-Term Estuary Assessment
Project.--The Secretary of the Interior shall carry out this
section in coordination with the long-term estuary assessment
project authorized by section 902 of the Estuaries and Clean
Waters Act of 2000 (Public Law 106-457; 33 U.S.C. 2901 note).

SEC. 104. COLLABORATION WITH OTHER PUBLIC AND PRIVATE
MONITORING EFFORTS.

To establish the sediment and nutrient monitoring network,
the Secretary of the Interior shall collaborate, to the
maximum extent practicable, with other Federal, State,
tribal, local and private sediment and nutrient monitoring
programs that meet guidelines prescribed under section
102(a), as determined by the Secretary.

SEC. 105. REPORTING REQUIREMENTS.

The Secretary of the Interior shall report to Congress not
later than 180 days after the date of the enactment of this
Act on the development of the sediment and nutrient
monitoring network.

SEC. 106. NATIONAL RESEARCH COUNCIL ASSESSMENT.

The National Research Council of the National Academy of
Sciences shall conduct a comprehensive water resources
assessment of the Upper Mississippi River Basin.

TITLE II--COMPUTER MODELING AND RESEARCH

SEC. 201. COMPUTER MODELING AND RESEARCH OF SEDIMENT AND
NUTRIENT SOURCES.

(a) Modeling Program Required.--As part of the Upper
Mississippi River Stewardship Initiative, the Director of the
United States Geological Survey shall establish a modeling
program to identify significant sources of sediment and
nutrients in the Upper Mississippi River Basin.
(b) Role.--Computer modeling shall be used to identify
subwatersheds which are significant sources of sediment and
nutrient loss and shall be made available for the purposes of
targeting public and private sediment and nutrient reduction
efforts.
(c) Components.--Sediment and nutrient models for the Upper
Mississippi River Basin shall include the following:
(1) Models to relate nutrient loss to landscape, land use,
and land management practices.
(2) Models to relate sediment loss to landscape, land use,
and land management practices.
(3) Models to define river channel nutrient transformation
processes.
(d) Collection of Ancillary Information.--Ancillary
information shall be collected in a GIS format to support
modeling and management use of modeling results, including
the following:
(1) Land use data.
(2) Soils data.
(3) Elevation data.
(4) Information on sediment and nutrient reduction
improvement actions.
(5) Remotely sense data.

SEC. 202. USE OF ELECTRONIC MEANS TO DISTRIBUTE INFORMATION.

Not later than 90 days after the date of the enactment of
this Act, the Director of the United States Geological Survey
shall establish a system that uses the telecommunications
medium known as the Internet to provide information regarding
the following:
(1) Public and private programs designed to reduce sediment
and nutrient loss in the Upper Mississippi River Basin.
(2) Information on sediment and nutrient levels in the
Upper Mississippi River and its tributaries.
(3) Successful sediment and nutrient reduction projects.

SEC. 203. REPORTING REQUIREMENTS.

(a) Monitoring Activities.--Commencing one year after the
date of the enactment of this Act, the Director of the United
States Geological Survey shall provide to Congress and make
available to the public an annual report regarding monitoring
activities conducted in the Upper Mississippi River Basin.
(b) Modeling Activities.--Every three years, the Director
of the United States Geological Survey shall provide to
Congress and make available to the public a progress report
regarding modeling activities.

TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

(a) United States Geological Survey Activities.--There is
authorized to be appropriated to the United States Geological
Survey $6,250,000 each fiscal year to carry out this Act
(other than section 106). Of the amounts appropriated for a
fiscal year pursuant to this authorization of appropriations,
one-third shall be made available for the United States
Geological Survey Cooperative Water Program and the remainder
shall be made available for the United States Geological
Survey Hydrologic Networks and Analysis Program.
(b) Water Resource and Water Quality Management
Assessment.--There is authorized to be appropriated $650,000
to allow the National Research Council to perform the
assessment required by section 106.

SEC. 302. COST-SHARING REQUIREMENTS.

Funds made available for the United States Geological
Survey Cooperative Water Program under section 301(a) shall
be subject to the same cost-sharing requirements as specified
in the last proviso under the heading ``UNITED STATES
GEOLOGICAL SURVEY--SURVEYS, INVESTIGATIONS, AND RESEARCH'' of
the Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2006 (Public Law 109-54; 119
Stat. 510; 43 U.S.C. 50).

The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Guam (Ms. Bordallo) and the gentleman from California (Mr. McClintock)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Guam.

General Leave

Ms. BORDALLO. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Guam?
There was no objection.
Ms. BORDALLO. Mr. Speaker, H.R. 3671, introduced by our colleague,
Representative Ron Kind of Wisconsin, would authorize the Secretary of
the Interior, acting through the United States Geological Survey, to
establish a sediment and nutrient monitoring network for the Upper
Mississippi River Basin. The findings of the monitoring network would
be used as a basis to assist public and private sediment and nutrient
reduction efforts.
Mr. Speaker, I would note that this legislation has passed the House
in previous Congresses, and I ask my colleagues to again support its
passage.
I reserve the balance of my time.
Mr. McCLINTOCK. Mr. Speaker, I yield myself such time as I may
consume.
The majority has adequately described the bill. Based on the history
of this legislative proposal, we're not opposing the measure; however,
Members should note that today's bill has been changed from prior
versions. The 10-year sunset has been removed.
We were also concerned that the Federal Government would have
unfettered access to private property under this program and that the
data collected on this private property could be used against the
landowner. However, after meeting with the affected parties, we've
concluded that the U.S. Geological Survey regulations require prior
written landowner permission for entry and for release of any data
collected on an individual's property.
I would like to include in the Record the appropriate permission form
that is used for these purposes. It's our understanding that the
program authorized in this bill would follow this longstanding
practice.

[From the U.S. Geological Survey Manual]

Format for Letter Requesting Permission To Enter Private Property (To
Be Printed on Official Letterhead)

(Insert Date)
(Insert Name of Private Landowner)
(Insert Address of Private Landowner)
Dear (Insert Name of Private Landowner):
The U.S. Geological Survey requires employees to obtain
written permission from landowners in certain cases before
entering onto private property to conduct new surveys or
scientific sampling. Consequently, we are hereby requesting
your approval to enter your land for the purpose described
below. The data and/or samples collected will be used for
scientific purposes and will be provided to you upon request.
Specific information regarding this request is as follows:
1. (proposed date and time of entry and departure, or
period of time during which recurring visits will be
necessary).
2. (kind and number of vehicles to be used).
3. (number of persons in the party).
4. (name, office address, and contact information of chief
of party).

[[Page H1613]]

5. (purpose of the work).
6. (locations on the property where work is to be done).
7. (approximate frequency of aircraft flights along lines
of sight for temperature and pressure measurements, in
connection with geodimeter or similar work, if applicable).
We will make every effort to minimize disturbance or
disruption to your property. However, in the unlikely event
that property damage results, you are entitled to file a
claim to recover your damages (tort claim). Please contact
(insert name and telephone number of tort claims contact)
immediately if property damage should occur.
If you have any questions about this program of the U.S.
Geological Survey, you may contact (insert name of chief of
project) at the following telephone number: (insert number).
If you consent to this request, please sign below and (list
method of return, e.g., envelope provided, leave at a
designated location, etc.). Thank you for your cooperation.
Sincerely,
(Signature and Printed Name of Requestor).

With that, I reserve the balance of my time.
Ms. BORDALLO. Mr. Speaker, we agree with our colleagues on the other
side of the aisle that proper protocol should be followed. I again ask
our colleagues to support this legislation.
At this time, Mr. Speaker, I yield such time as he may consume to the
gentleman from Wisconsin (Mr. Kind).
Mr. KIND. Mr. Speaker, I want to thank the gentlelady for yielding me
this time and also for her help and support with this legislation. I
also want to thank the gentleman from California and the members on the
Natural Resources Committee for their bipartisan support of the Upper
Mississippi River protection bill.
As the gentlelady indicated, this has passed the previous Congresses.
We're working with the Senate to finally get it to the President so it
can be enacted.
And to address a couple other concerns--and we've worked in a
bipartisan fashion on this bill--there is concern about privacy
protection and data collection. We feel that what has been worked out
is a reasonable compromise to ensure that privacy but also, more
importantly, that there is buy-in of private landowners which will be
crucial for the implementation of this legislation.
What we're trying to do is put the science in place in the Upper
Mississippi River Basin. The greatest threat that this great national
treasure that we have running through the middle of America, comprising
roughly 50 percent of the landmass of our Nation, is the amount of
nutrients and sediments that flow into the river basin doing
incalculable ecological damage. We've heard of the stories of the dead
zone being created in the Gulf of Mexico. Well, 40 percent of the
nutrients that are flowing south through the river and ending up
deposited in the Gulf, contributing to the dead zone, emanates in the
Upper Mississippi River Basin.
What we want to do is utilize the expertise that exists at USGS so
that they can do better monitoring of sediment and nutrient flows and
develop computer models so we can identify the hot spots, and then
utilize the resources that are available to target those hot spots to
prevent the increased flow of sediment and nutrients into the river
basin.
This has received wide support in the Upper Mississippi River region.
All five of the State Governors in the Upper Mississippi region have
endorsed this. The Mississippi River Basin has endorsed it. Countless
outdoor recreational groups, such as Ducks Unlimited, Trout Unlimited,
the Nature Conservancy have endorsed this approach, because it is a
vital national treasure that we must do more to preserve and protect.
The Mississippi River affects over 30 million people who rely upon it
for their primary drinking source. It is North America's largest
migratory route, with 40 percent of the waterfowl species using this
corridor during their biannual migration in the spring and during the
fall. It's a multiple use resource, with commercial navigation,
recreation, tourism, bringing roughly $1.5 billion of direct economic
activity to the Upper Mississippi region but, additionally, over $1
billion with tourism activity to the Upper Mississippi. But what's been
lacking is the scientific data that this legislation will put in place
so we can start collecting it, tracking it, and then be smarter with
the use of the various public and private approaches that this bill
calls for so we can maximize the resources to intercept the nutrients
and sediments that would flow into it.
Again, I want to thank the chairman of the committee, the members on
the committee. I want to thank the members of the U.S. Geological
Survey, especially Mike Jawson and his team at the Upper Mississippi
River Environmental Science Lab. I have worked very closely with them
with regards to this legislation and their long-term resource
monitoring program. They do have incredible competency to do the
science that we're asking them to do in this bill.
I also want to personally thank my own river advisory group who has
consulted me on all things related to river issues.
I would encourage my colleagues to once again support this much
needed but also bipartisan piece of legislation. I ask my colleagues to
support this bill.
Mr. McCLINTOCK. Mr. Speaker, I yield myself just enough time to wish
a belated happy birthday to the gentleman from Wisconsin.
We have no further requests for time, and I yield back the balance of
my time.
Ms. BORDALLO. Mr. Speaker, I again urge Members to support the bill,
and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules
and pass the bill, H.R. 3671.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Ms. BORDALLO. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.

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