[Congressional Record Volume 156, Number 40 (Thursday, March 18, 2010)]
[House]
[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.

                          ____________________