[Congressional Record Volume 148, Number 37 (Tuesday, April 9, 2002)]
[House]
[Pages H1101-H1104]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
UPPER MISSISSIPPI RIVER BASIN PROTECTION ACT OF 2001
Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3480) 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.
The Clerk read as follows:
H.R. 3480
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 of 2001''.
(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.
[[Page H1102]]
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. Cost share requirements.
Sec. 106. Reporting requirements.
Sec. 107. 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
Sec. 301. Authorization of appropriations.
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'' means a scientific method
that uses the best available technical and scientific
information and techniques to identify and understand natural
resource management needs and appropriate treatments, to
implement conservation measures, and to assess the results of
treatments on natural resource health and sustainability in
the Upper Mississippi River Basin.
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.
(c) Headquarters.--Sediment and nutrient monitoring
information shall be headquartered at the Upper Midwest
Environmental Sciences Center in La Crosse, Wisconsin.
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
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.
(c) Protection of Privacy.--Data resulting from sediment
and nutrient monitoring in the Upper Mississippi River Basin
is not subject to the mandatory disclosure provisions of
section 552 of title V, United States Code, but may be
released only as provided in subsection (b).
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 Lower Estuary Assessment Group.--The
Secretary of the Interior shall carry out this section in
coordination with the Lower Estuary Assessment Group, as
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. COST SHARE REQUIREMENTS.
(a) Required Cost Sharing.--The non-Federal sponsors of the
sediment and nutrient monitoring network shall be responsible
for not less than 25 percent of the costs of maintaining the
network.
(b) In-Kind Contributions.--Up to 80 percent of the non-
Federal share may be provided through in-kind contributions.
(c) Treatment of Existing Efforts.--A State or local
monitoring effort, in existence as of the date of the
enactment of this Act, that the Secretary of the Interior
finds adheres to the guidelines prescribed under section
102(a) shall be deemed to satisfy the cost share requirements
of this section.
SEC. 106. 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. 107. 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.
(e) Headquarters.--Information developed by computer
modeling shall be headquartered at the Upper Midwest
Environmental Sciences Center in La Crosse, Wisconsin.
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.
[[Page H1103]]
TITLE III--AUTHORIZATION OF APPROPRIATIONS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
the Secretary of the Interior $6,250,000 each fiscal year to
carry out this Act.
(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 107.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Hansen) and the gentleman from Wisconsin (Mr. Kind) each will
control 20 minutes.
The Chair recognizes the gentleman from Utah (Mr. Hansen).
Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
H.R. 3480, the Upper Mississippi River Basin Protection Act of 2001,
provides for the Department of the Interior, U.S. Geological Survey to
supplement, coordinate and manage data collection on sediments and
nutrients in the Upper Mississippi River Basin and use the data to
perform computer modeling to provide the baseline data and modeling
tools needed to make scientifically sound and cost-effective river
management decisions. The legislation includes a provision requiring
landowner permission prior to disseminating information from monitoring
stations located on private lands to protect the privacy of individual
landowners. Finally, it provides for the National Research Council of
the National Academy of Sciences to conduct a comprehensive water
resources assessment of the Upper Mississippi River Basin.
Mr. Speaker, I reserve the balance of my time.
Mr. KIND. Mr. Speaker, I yield myself such time as I may consume.
(Mr. KIND asked and was given permission to revise and extend his
remarks.)
Mr. KIND. Mr. Speaker, this legislation offered today is meant to
better preserve and protect one of the great national treasures that
exist in this country, the Mississippi River Basin. I would like to
thank, first of all, Chairman Hansen of our committee and Chairman
Calvert of the subcommittee and their staffs for the assistance and the
cooperation we received in putting this legislation together. I also
want to thank Ranking Member Rahall and also Ranking Member Smith of
the subcommittee and their staff for all the help and assistance that
we have received.
This is simple legislation, Mr. Speaker. The intent of it is to
authorize the U.S. Geological Survey to be able to put together the
science and implement the science so we can better track and monitor
the nutrients and sediments that flow into the Upper Mississippi River
Basin. It would develop for the first time a public-private approach
and coordination in order to develop a comprehensive monitoring and a
state-of-the-art computer modeling program in order to track the
sediment and nutrient flows into the river basin.
This legislation has been near and dear to my heart, Mr. Speaker. As
a young boy growing up in western Wisconsin, I spent an inordinate
amount of my time growing up on the Mississippi River. I guess you
could refer to me as the ``Tom Sawyer'' of the United States Congress,
but since we already have a Tom Sawyer from Ohio I guess I will just
accept the label of Huck Finn. Huck was probably more colorful, anyway.
But as a young kid growing up, I spent a lot of my time on the
Mississippi enjoying the recreational activities, the swimming, the
fishing, the hunting, but I still remember those days during the
sixties and during the seventies when I would go down to my favorite
swimming beaches and find that they were closed because of high
bacteria count, or going down to my favorite fishing holes and finding
notices that were posted around these popular fishing areas warning the
fishermen not to eat the fish that they were catching because of the
contamination and the effect on the quality of the fish supplies. I
knew even then as a young boy that something was not quite right.
Since those days, a lot of progress has been made in regards to the
health, viability and sustainability of the river basin. There is still
much work that needs to be done. If you talk to the experts in the
river system both in the north and the southern part, the one thing
that has really been lacking or missing is a comprehensive scientific
program so we can collect the baseline data at sub-basin level in order
to understand more the effects of the sediment and nutrient flows going
into this valuable ecosystem.
Why is this important? It is important on a number of fronts, not
least of which is economic. This is a multiple-use river system, from
commercial navigation to tourist activity to recreation activity. It
has been in the past with the lock and dam system; it is today and it
will continue to be so in the future. But there also is the need for
balance and balanced use in regards to the river basin. There is a $1.2
billion recreation impact in the Upper Mississippi States alone and a
$6.6 billion tourism impact. In fact, we have more visitors every year
to the Upper Mississippi Wildlife Refuge than they do in the
Yellowstone National Park System. It is also the primary drinking
supply source for over 22 million Americans. It is North America's
largest migratory route, with over 40 percent of the waterfowl species
using the river basin as its main corridor during its migratory pattern
every year. It also provides us, as this picture demonstrates, the
fertile farmland which makes the Midwest the breadbasket of the United
States and the rest of the world.
But there are also some challenges with the system. Because of the
sediment flows flowing into the river, it is costing us roughly $100
million every year just to maintain a 9-foot navigable channel with the
dredging costs in order to keep the commercial navigation flowing along
the river system. Our farmers are losing valuable topsoil. In fact,
they are losing $300 million worth of applied nitrogen every year that
ultimately flows into the rivers and streams and affects the ecosystem
adversely.
This litigation has received wide bipartisan support, from the
original cosponsors when I introduced the legislation to a variety of
experts in the Upper Mississippi States. It is consistent with the
Mississippi River and the Gulf of Mexico Hypoxia Task Force that was
formed over the last few years, studying the nutrient problems that are
affecting especially the Gulf of Mexico and the dead zone that is being
created there. The Upper Mississippi, although it supplies 22 percent
of the water that ultimately flows into the Gulf of Mexico,
nevertheless it is the source of 32 percent of the nutrients that are
flowing into the Gulf of Mexico, and it is consistent with the
recommendations that they are making for a public and private
coordinated approach with Federal, State, local agencies, private
entities and tribes to do a better job of collaborating and to
standardize the data that is now being collected.
{time} 1500
At one point during the research of this legislation, I discovered
there were 77 different private entities that were doing some form of
water quality testing, but there was very little sharing of information
because the data was not standardized. This legislation will address
that problem.
But it also addresses a very important privacy protection concern
that some groups that we worked with raised, and I feel the language
that we have in here with regard to the protection of sharing personal
data of private landowners meets the test that a lot of these groups
were raising.
It is also consistent with what a number of States have talked about
that is needed in regards to the River Basin and its protection. In
fact, a number of States have also weighed in on the need to increase
monitoring and modeling efforts throughout the Upper Mississippi River
Basin.
In October of 2001, in a letter to a Bush administration official,
six Governors of the States bordering the Mississippi wrote that, ``A
monitoring effort conducted jointly by the U.S. Geological Survey and
the States is required within the Basin to determine the water quality
effects of the actions taken and to measure the success of efforts on a
sub-basin and project level.''
H.R. 3480 does exactly what the Governors of those States were
recommending, bringing in a variety of groups in order to have a more
comprehensive monitoring and computer
[[Page H1104]]
modeling system so that the science will be able to demonstrate where
the hot spots exist, where the problem areas are, so we are in a better
position then of making policy choices of how better to direct the
limited resources to get the optimal effect of the investment in land
stewardship through , voluntary and incentive-based land conservation
programs, and the benefit that is going to bring to the entire river
basin area.
My district, Mr. Speaker, has more miles that border the Mississippi
River than any other congressional district in the Nation, and
therefore I felt a certain personal responsibility to keep an eye on
the river and to promote good policy and legislation that will enhance
the long-term sustainability of this great natural resource.
It is one of the reasons I was motivated to help form a bipartisan
Mississippi River Task Force so that we can start working more
effectively together between the upper Mississippi region and the
southern Mississippi River region on issues of common ground and to
better educate ourselves in regard to the different uses of this
valuable river system.
Finally, Mr. Speaker, I do want to thank a few individuals who have
been very helpful in support of this legislation. I want to, of course,
thank the original cosponsors of this legislation, including the other
cochairs of the Upper Mississippi River Task Force, the gentleman from
Minnesota (Mr. Gutknecht), the gentleman from Iowa (Mr. Leach), and the
gentleman from Illinois (Mr. Costello).
I also want to thank the congressional cochairs of the entire
Mississippi River Caucus, the gentleman from Missouri (Mr. Hulshof) and
the gentleman from Iowa (Mr. Boswell) for their support and their
staff's support for this legislation.
In addition, I want to thank Ms. Holly Stoerker of the Upper
Mississippi River Basin Association, Mr. Doug Daigle of the Mississippi
River Basin Alliance, Dr. Jerry Schnoor of the University of Iowa, and
Dr. Barry Drazkowski and the administration and staff at St. Mary's
University in Minnesota for a lot of the ideas that are contained
within this legislation. Their expertise and testimony during the
hearings that we have had on this legislation was essential in crafting
the bipartisan approach that this legislation takes.
Also greatly appreciated is the tireless work of a few individuals in
my office, former Sea Grant fellow Allen Hance, who is now with the
Northeast Midwest Institute, along with other Sea Grant fellows, Laura
Cimo, Jeff Stein and Ed Buckner, who have worked in my office, worked
specifically on this legislation dealing with a lot of the shareholders
and groups interested in this legislation, as well as other issues
affecting the Mississippi River Basin area.
I also want to thank a couple permanent members on my staff, Ben
Proctor, who is with us on the floor today, and also Brad Pfaff, who
has carried a lot of the weight with this legislation during the period
of time we have been working on it. Their help has been greatly
appreciated.
H.R. 3480 represents a commonsense move toward building the
scientific foundation necessary to remedy nutrient and sediment
problems throughout the Mississippi River Basin. I believe this is a
needed, cost-effective step in preserving the Upper Mississippi River
and its multiple-use heritage for future generations, and I would urge
my colleagues to support this legislation.
Mr. PETRI. Mr. Speaker, I rise in support of H.R. 3480, the Upper
Mississippi River Basin Protection Act.
For quite some time there have been several federal, state, and local
programs designed to address the problem of sediment and nutrient loss
in the Upper Mississippi River Basin, but there has been little
coordination between them. This bill will provide this much needed
coordination and enable a more comprehensive approach to addressing
this problem.
In Wisconsin, and particularly in my district, agriculture is a vital
industry. The soil erosion suffered by farmers in the area reduces and
threatens the long-term sustainability and income of my state's family
farms.
Furthermore, the cost of dredging the sediment fills in the river's
main shipping channel costs over $100 million each year. These fills
also threaten the region's $1.2 billion recreation and $6.6 billion
tourism industries.
While the Upper Mississippi River Basin contributes 22 percent of the
water flowing into the Lower Mississippi, it contributes 31 percent of
the nitrogen, threatening the water quality of that part of the river.
By designating the U.S. Geological Survey as the lead agency, this
bill will provide the much needed coordination, monitoring, and
scientific data collection to implement informed and effective
conservation decisions for the river basin. I urge my colleagues to
support its passage.
Mr. GUTKNECHT. Mr. Speaker, as a co-chair of the Upper Mississippi
River Task Force, I am proud that the House is considering the Upper
Mississippi River Basin Protection Act today.
This bill is good for farmers, and it is good for the environment.
Every year, farmers collectively lose more than $300 million in
applied nitrogen due to erosion. Not only does this hurt the
Mississippi River ecosystem--it hurts farmers' checkbooks.
Soil erosion also causes sedimentation problems on the river.
Dredging costs due to increased sedimentation run over $100 million
each year, and removing the sediment is integral to keeping the river a
viable transportation mechanism. Sediments also fill critical wetland
areas in the Mississippi River basin, threatening the plants and
wildlife.
Currently there is insufficient data on the amounts and sources of
sediments and nutrients in the upper Mississippi River basin. Local,
state, and federal water quality monitoring and modeling efforts are
not coordinated or standardized. This legislation will develop a
coordinated public-private approach to reducing nutrient and sediment
losses in the upper Mississippi River basin, and will establish a water
quality monitoring network and an integral computer modeling program.
This bill will provide the baseline data needed to make
scientifically sound and cost-effective decisions that will benefit all
who depend on the health of the upper Mississippi River basin for
transportation, recreation, or whatever their needs may be.
Mr. KIND. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. HANSEN. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Walden of Oregon). The question is on
the motion offered by the gentleman from Utah (Mr. Hansen) that the
House suspend the rules and pass the bill, H.R. 3480.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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