[Congressional Record Volume 152, Number 123 (Wednesday, September 27, 2006)]
[House]
[Pages H7667-H7669]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              UPPER MISSISSIPPI RIVER BASIN PROTECTION ACT

  Mr. GOHMERT. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 5340) 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, as 
amended.
  The Clerk read as follows:

                               H.R. 5340

       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. 303. Sunset.

     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 
     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 5, 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 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.

[[Page H7668]]

       (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).

     SEC. 303. SUNSET.

       The authority of the Secretary of the Interior to carry out 
     any provisions of this Act shall terminate 10 years after the 
     date of the enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Gohmert) and the gentleman from Wisconsin (Mr. Kind) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. GOHMERT. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, under H.R. 5340, the U.S. Geological Survey will 
supplement, coordinate and manage data collection on sediments and 
nutrients in the Upper Mississippi River Basin. The data would be used 
to provide the baseline data and modeling tools needed to make the 
scientifically sound and cost-effective river management decisions.
  The House passed a similar version of this bill in the 108th 
Congress, and I urge my colleagues to support the bill at this time.
  Madam Speaker, I reserve the balance of my time.
  Mr. KIND. Madam Speaker, I yield such myself such time as may 
consume.
  (Mr. KIND asked and was given permission to revise and extend his 
remarks.)
  Mr. KIND. Madam Speaker, I want to thank the majority for their 
support for this legislation this evening. This is legislation that I 
drafted and supported over the last couple of years with the support of 
many my colleagues in a bipartisan fashion. I want to commend the 
colleagues who have been active participants in the bipartisan 
Mississippi River Caucus.
  This bill, the Upper Mississippi River Basin Protection Act, would 
develop a coordinated public-private approach to reducing nutrient and 
sediment flows in the Upper Mississippi River Basin.
  The Mississippi River, Madam Speaker, is one of the great national 
treasures that we have and one of the great diverse ecosystems that 
flows right through the heart of America. It is North America's largest 
migratory route, with 40 percent of the water fowl species using this 
corridor during their annual migration every year. It is also the bread 
basket of America, which provides a lot of fertile acres are for the 
agricultural lands that we enjoy in the Midwest. It is also the primary 
drinking source to close to 30 million Americans.
  But its greatest risk and challenge today is the amount of nutrients 
and sediments that are flowing into the basin area. The problem is 
multiple. Soil erosion reduces the long-term sustainability and the 
income of the typical farmer in middle America. Collectively, farmers 
annually lose more than $300 million of applied nitrogen due to runoff 
which ultimately enters the basin area.
  Sediment fills the main shipping channel of the Mississippi River, 
costing the taxpayers roughly $100 million each year in dredging costs 
just to maintain the safe shipping channels for the navigation industry 
that takes and delivers many of the products to market.
  Sediment fills in these valuable wetlands along the Mississippi River 
Basin, reducing wildlife habitat, affecting and destroying numerous 
acres of wetlands every year.
  The loss of side channel habitat threaten the River's $1.2 recreation 
and $6.6 billion tourism industry impact in the Upper Mississippi River 
region alone. And there is inadequate scientific data on the amounts 
and sources of sediments and nutrients flowing into the Upper 
Mississippi River Basin at scales useful to land manager.
  So what this legislation is attempting to do is put the science in 
place, allow the USGS to be the lead agency where they have developed 
competence in water quality and monitoring, set up a sub-basin 
monitoring system and develop computer models so we can do a better job 
of tracking the sediment and nutrient flows that enter the basin area, 
identify the hot spots, and better target the limited resources and 
voluntary and incentive-based land and water conservation programs to 
hopefully reduce that impact in the river basin.
  What we are proposing is entirely consistent with the hypoxia study 
that took place in the Gulf of Mexico with the recommendations that 
they submitted to the Congress back in January of 2001. In fact, 40 
percent of the nutrients that ultimately flow into the Gulf of Mexico 
creating this so-called dead zone or oxygen depletion zone, which is 
growing every year, has their origin in the Upper Mississippi River 
Basin.
  This has received wide bipartisan support, both in Congress and at 
home. The five Upper Mississippi State governors have endorsed this 
proposal, along with the legislatures, and there have been countless 
public and private entities that have endorsed this approach too of 
trying to get the science in place so we can start the long-term data 
collection and establish the baseline so we know how to react to this 
great challenge that is affecting the great treasure that we know as 
the Mississippi River.
  I want to especially commend the staff on committee for their help 
with this legislation, and my own staff, who has devoted countless 
hours on this project. I want to thank the support of the 
administration that has supported the legislation, along with numerous 
private entities throughout the Upper Midwest that have supported it 
and offered recommendations on how we can make this work for private 
landowners and public entities alike.
  I want to especially thank Barry Drazkowski, who teaches at St. 
Mary's University at Winona, Minnesota, for the work he has done on 
water quality issues and for many of the ideas we have incorporated in 
this legislation.
  Hopefully the third time is a charm. Hopefully we will get 
cooperation in the Senate to move this vitally important piece of 
legislation, because, again, the greatest threat that the Mississippi 
River Basin is facing today are the amount of sediments and nutrients 
that are flowing in, and I think there is a lot that we can do by 
maximizing the investment that we can make based on the science we are 
trying to put in place with this legislation here tonight in order to 
maintain the preservation and the protection of this great natural 
resource.
  Again, I want to thank my colleague and the support we received on 
the Resources Committee, and encourage my colleagues to adoption this 
legislation this evening.
  Madam Speaker, I yield back the balance of my time.
  Mr. GOHMERT. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, last week we witnessed Mr. Kind from Wisconsin as the 
quarterback of the Congressional team run and pass doing amazing feats 
on the football field, and now we have seen him run with this 
legislation, and I urge my colleagues to help him pass this bill.
  Mr. NUSSLE. Madam Speaker, I rise today in support of the Upper 
Mississippi River Basin Protection Act. This legislation takes a 
commonsense approach to reduce nutrient and sediment loss in the Upper 
Mississippi watershed by coordinating existing public and private water 
monitoring initiatives. I believe that such a partnership promotes the 
river's health and is beneficial the communities and people of eastern 
Iowa.

[[Page H7669]]

  Most of the farm families I represent live and make their living 
either along the Mississippi, or its many tributaries. Soil erosion is 
a problem for farmers by reducing long-term sustainability and income 
potential of their acres. It is my understanding that farmers in the 
Upper Mississippi River Basin lose more than $300 million annually in 
applied nitrogen to soil erosion. In addition, sediment fills the main 
shipping channel of the Mississippi that family farmers depend on to 
get their commodities to markets.
  Farmers live close to the land, and are committed to being good 
stewards. This legislation helps farmers and local conservation groups 
assess where problems are occurring in their watershed, and how to 
efficiently and effectively solve the problem.
  I believe this legislation is beneficial in mending our environment 
along the river, and better protecting it in the future. Sediment is a 
threat to the Mississippi's fish, birds, and other wildlife by filling 
wetlands. Sediment reduces wetlands' ability to be an adequate water 
filter and provide habitat to the creatures that live all along the 
Mississippi River. It is estimated that the Upper Mississippi 
contributes 31 percent of the nitrogen that impairs the water quality 
of the Lower Mississippi basin.
  Part of the Upper Mississippi Wildlife Refuge is in my district. I 
believe this refuge is an important treasure for Iowa. What makes this 
area special is, of course, the unique wildlife that lives there. This 
legislation helps promote wildlife by monitoring and computer modeling 
data to ensure scientifically sound and cost-effective decisions in 
promoting water quality.
  Additionally, a healthy Mississippi River is very important to the 
communities of eastern Iowa. The Mississippi is recognized throughout 
the United States and abroad as ``America's River''. The Quad Cities 
area is a popular destination of international travelers who want to 
see and touch the water. For the residents of the Quad Cities area, the 
riverfront is the center of social life, with a historic district, 
baseball diamond, and several annually held festivals.
  The City of Dubuque boasts over one million visitors thanks to the 
Mississippi. This community has chosen to make its story of the river 
the cornerstone of its urban renewal with a million dollar investment 
in the revitalization of the riverfront. The America's River project 
and historic Port of Dubuque represent the community's dedication to 
growing its tourism industry.
  Madam Speaker, the Upper Mississippi's health and water quality 
essential to growing the economies of the larger river cities of 
Bettendorf, Davenport, Clinton, and Dubuque, and the picturesque river 
towns of Guttenberg, LeClair, Bellevue, and Marquette. All of these 
communities, along with farmers and conservationists, have invested 
much time and effort in promoting a clean river. I believe this 
legislation helps to insure these investments by coordinating the many 
interests of those living in the Upper Mississippi River Basin. 
Accordingly, I am a proud sponsor of this bill, and I urge my 
colleagues to join me in supporting this legislation.
  Mr. GOHMERT. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. Gohmert) that the House suspend the rules and 
pass the bill, H.R. 5340, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________