[Congressional Record Volume 153, Number 109 (Tuesday, July 10, 2007)]
[House]
[Pages H7447-H7448]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              UPPER MISSISSIPPI RIVER BASIN PROTECTION ACT

  Mr. SARBANES. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2381) 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. 2381

       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 
     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

[[Page H7448]]

     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 gentleman from 
Maryland (Mr. Sarbanes) and the gentleman from Oklahoma (Mr. Cole) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Maryland.


                             General Leave

  Mr. SARBANES. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 days 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 
gentleman from Maryland?
  There was no objection.

                              {time}  1500

  Mr. SARBANES. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 2381 directs the Secretary of the Interior, acting 
through the United States Geological Survey, to establish a nutrient 
and sediment monitoring network for the Upper Mississippi River Basin. 
We strongly support H.R. 2381, championed by our colleague on the 
Natural Resources Committee, Congressman Ron Kind. This bill would put 
into place a coordinated public-private approach to sediment and 
nutrient monitoring in the Upper Mississippi River Basin as part of an 
effort to improve water quality.
  The Upper Mississippi River is extremely important not only to the 
communities and States along the route it flows, but also to the Nation 
as a whole. Twenty-one years ago, Congress designated this river 
segment as both a nationally significant ecosystem and a nationally 
significant navigation system. It is the only inland river in the 
United States to have such a designation. Our colleague, Ron Kind, has 
worked hard to secure enactment of this legislation. I commend him for 
his diligent effort on this important bill.
  I urge my colleagues to support H.R. 2381.
  Mr. Speaker, I reserve the balance of my time.
  Mr. COLE of Oklahoma. Mr. Speaker, I rise in support of H.R. 2381 and 
yield myself such time as I may consume.
  Mr. Speaker, the Democratic bill manager has more than adequately 
explained this piece of legislation. The House has passed a similar 
version of this bill in the previous two Congresses. I am certainly 
happy to see that we are doing so again.
  Mr. KIND. Mr. Speaker, I rise today in support of a bill I have 
authored that will help scientists and local officials make informed, 
scientifically based decisions about one of the most important natural 
resources in this country, the Upper Mississippi River.
  The Mississippi River is one of America's great national treasures, 
running right through the heart of this country. It is North America's 
largest migratory bird flyway, with 40 percent of the continent's 
waterfowl species using this corridor during their annual migrations. 
It also waters the Nation's breadbasket, providing the nutrient-rich 
soils we enjoy in the midwest and water for irrigation. It also 
provides drinking water for nearly 30 million Americans and a 
passageway for billions of dollars in commerce.
  But, the Mississippi is threatened by increasing sediment and 
nutrient flows that gum up the river and poison its ecosystems. H.R. 
2381, The Upper Mississippi River Basin Protection Act, is a 
commonsense piece of legislation that would establish a coordinated 
public-private approach to reducing these threats, which affect all 
parts of the river and even the Gulf of Mexico where nutrients have 
created and continue to enlarge the gulf dead zone.
  We can address these issues, but we need hard scientific data to do 
it. That is where this bill comes in. H.R. 2381 establishes a sub-basin 
monitoring program whereby the United States Geological Service will 
monitor where nutrients enter the river and use computer modeling to 
follow the nutrient flows downstream. This will allow local 
conservationists and land managers to pinpoint exactly where 
conservation and education are most needed.
  This scientific approach has received widespread approval and been 
endorsed by the five Upper Mississippi State Governors. I thank the 
Natural Resources Committee staff for helping put this innovative piece 
of legislation together, and I thank the chairman for his support of 
the bill. This bill has passed the House in each of the last three 
Congresses, and I urge my colleagues to support it again today.
  Mr. COLE of Oklahoma. Mr. Speaker, I have no additional speakers, and 
I yield back the balance of my time.
  Mr. SARBANES. Mr. Speaker, I have no further requests for time. I do 
understand that Representative Kind has been delayed, as well, by the 
storm; and he wanted to be here.
  Mr. Speaker, I yield back my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Maryland (Mr. Sarbanes) that the House suspend the rules 
and pass the bill, H.R. 2381.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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