[House Report 109-561]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-561

======================================================================



 
              UPPER MISSISSIPPI RIVER BASIN PROTECTION ACT

                                _______
                                

 July 13, 2006.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 5340]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred 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, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.
  (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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 5340 is 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.

                  BACKGROUND AND NEED FOR LEGISLATION

    Relying on existing federal, state and local programs, the 
bill establishes a sediment and nutrient monitoring network and 
an integrated computer-modeling program for the Upper 
Mississippi River Basin. These monitoring and modeling efforts 
will help provide the baseline data needed to make 
scientifically-sound and cost-effective decisions aimed at 
improving water quality, restoring fish and wildlife habitat, 
and improving voluntary management practices by landowners. The 
bill also contains a provision requiring landowner permission 
prior to disseminating information from monitoring stations 
located on private lands to protect the privacy of the 
individual landowners.
    The U.S. Geological Survey (USGS) will be responsible for 
establishing the sediment and nutrient monitoring network, 
utilizing existing and newly established gauges and monitoring 
stations. USGS will develop guidelines and an electronic system 
for data collection and storage. Using this data, USGS will 
also create computer models to assess sediment and nutrient 
sources, mobilization, and transport. The findings of the 
monitoring network and the modeling system would be used as a 
basis to assist public and private sediment and nutrient 
reduction efforts.
    This bill also 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.

                            COMMITTEE ACTION

    H.R. 5340 was introduced on May 10, 2006, by Congressman 
Ron Kind (D-WI). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Water and Power. On June 21, 2006, the Full Resources Committee 
met to consider the bill. The Subcommittee on Water and Power 
was discharged from further consideration of the bill by 
unanimous consent. Congressman George Radanovich (R-CA) offered 
an amendment in the nature of a substitute to place a 10-year 
sunset on the bill's authorization. The amendment was adopted 
by unanimous consent. The bill, as amended, was then ordered 
favorably reported to the House of Representatives by unanimous 
consent.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title; table of contents

    This section cites the short title of this bill as the 
``Upper Mississippi River Basin Protection Act.'' It also gives 
the table of contents.

Section 2. Definitions

    This section defines various terms in the bill.

Section 3. Reliance on sound science

    This section states that federal investments in the Upper 
Mississippi River Basin must be guided by sound science.

           Title I--Sediment and Nutrient Monitoring Network


Section 101. Establishment of monitoring network

    This section states that the Secretary of the Interior 
shall establish a sediment and nutrient monitoring network for 
the Upper Mississippi River Basin for the purposes of: 
identifying and evaluating significant sources of sediments and 
nutrients; quantifying transport; recording changes over time; 
providing coordinated data; and identifying major sources of 
sediments and nutrients. It also states that the USGS will 
carry out this title.

Section 102. Data collection and storage responsibilities

    This section outlines the processes for data collection, 
release of data, and protection of privacy.

Section 103. Relationship to existing sediment and nutrient monitoring

    This section outlines the processes for the inventory and 
integration of existing monitoring efforts, and consultation 
and use of existing data.

Section 104. Collaboration with other public and private monitoring 
        efforts

    This section states that the Secretary of the Interior 
shall collaborate with other federal, State, tribal, local, and 
private monitoring programs that meet Section 102(a) 
guidelines.

Section 105. Reporting requirements

    This section states that the Secretary of the Interior 
shall report to Congress no later than 180 days after the 
enactment of this Act on the development of the monitoring 
network.

Section 106. National Research Council assessment

    This section directs the National Research Council of the 
National Academy of Sciences to conduct an assessment of the 
Upper Mississippi River Basin.

                Title II--Computer Modeling and Research


Section 201. Computer modeling and research of sediment and nutrient 
        sources

    This section requires a modeling program to identify 
significant sources of sediment and nutrients. It also states 
the role of the computer modeling and the components of the 
model. It dictates that the collection of ancillary information 
of specified types shall be used to support modeling and 
management use of modeling results.

Section 202. Use of electronic means to distribute information

    This section requires that USGS establish a system that 
uses the Internet to provide information regarding public and 
private programs, sediment and nutrient levels in the Upper 
Mississippi River, and successful reduction projects.

Section 203. Reporting requirements

    This section requires the Director of the USGS to provide 
to Congress and make available to the public an annual report 
regarding monitoring and modeling activities.

     Title III--Authorization of Appropriations and Related Matters


Section 301. Authorization of appropriations

    This section authorizes appropriations of $6.25 million 
each fiscal year for USGS activities to carry out this Act and 
for a Water Resource and Water Quality Management Assessment. 
It also authorizes appropriations of $625,000 to allow the 
National Research Council to perform the assessment required by 
Section 106.

Section 302. Cost-sharing requirements

    This section requires that funds made available for the 
USGS Cooperative Water Program shall be subject to the same 
cost-sharing requirements as other USGS surveys, investigations 
and research.

Section 303. Sunset

    As amended, this section limits the federal authorization 
for this project to ten years.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8, clause 3 of the Constitution of the 
United States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is 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.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 5340--Upper Mississippi River Basin Protection Act

    Summary: H.R. 5340 would direct the United States 
Geological Survey (USGS) to establish a network to monitor 
sediments and nutrients in the upper Mississippi River Basin. 
The bill also would require the agency to create an inventory 
of existing monitoring efforts at federal, state, and local 
levels. For these purposes, the bill would authorize the 
appropriation of $6.25 million a year. The authority of the 
agency to carry out the monitoring program would terminate 10 
years after the bill's enactment. Finally H.R. 5340 would 
authorize the appropriation of $650,000 to the National 
Research Council of the National Academy of Sciences to conduct 
a comprehensive assessment of water resources in the 
Mississippi River Basin.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 5340 would cost $31 million 
over the 2007-2011 period and about $6 million annually 
thereafter through 2016. We estimate that enacting this 
legislation would have no effect on revenues or direct 
spending.
    H.R. 5340 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
The bill would benefit state, local, or tribal governments, and 
any cost to those governments would be incurred voluntarily.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 5340 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(national resources and environment).

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2007    2008    2009    2010    2011
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level.............       7       6       6       6       6
Estimated Outlays...............       7       6       6       6       6
------------------------------------------------------------------------

    Based on information provided by the USGS and assuming 
appropriation of the authorized amounts for each fiscal year, 
CBO estimates that to implement H.R. 5340 would cost about $7 
million in fiscal year 2007 and about $6 million annually 
thereafter through 2016, when the monitoring program would 
terminate. Estimated spending for 2007 includes the $650,000 
authorized for the water resources assessment to be carried out 
by the National Research Council. Estimated outlays for the 
assessment and for the monitoring network are based on 
historical patterns for similar activities.
    Intergovernmental and private-sector impact: H.R. 5340 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. The bill would benefit state, local, and 
tribal governments along the Upper Mississippi River Basin by 
authorizing funds for the development of a network to monitor 
sediments and nutrients in the river basin. Any costs incurred 
by governmental entities would result from complying with 
conditions for receiving federal assistance.
    Estimate prepared by: Federal Costs: Deborah Reis; Impact 
on State, Local, and Tribal Governments: Lisa Ramirez-Branum; 
Impact on the Private Sector: Patrice Gordon and Carla-Marie 
Ulerie.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                            ADDITIONAL VIEW

    This legislation is vital to the future of, not only the 
Upper Mississippi River Basin, but the entire Mississippi River 
from its source to the Gulf of Mexico. Through the coordination 
of a comprehensive monitoring program, this bill will develop 
the long-needed scientific foundation necessary for making 
effective decisions to curb the costly problems associated with 
excess sediment and nutrients in our country's premier river 
system.
    The House of Representatives has previously spoken 
overwhelmingly on the value of the Upper Mississippi River 
Basin Protection Act (H.R. 5340) by passing an identical bill 
(H.R. 518) in the 108th Congress. A similar version of the bill 
(H.R. 3480) also passed the House in the 107th Congress. The 
Senate Committee on Environment and Public Works has also 
spoken on the importance of this legislation and reported that 
previous version out of committee without amendment. The 
problem this bill addresses has only grown in the intervening 
years and the time has come to go the final step and pass this 
essential and cost-saving legislation into law.
    This bill has received such broad support because it is a 
straight forward answer to a long-standing problem in our 
Nation's interior. For decades, the Upper Mississippi Basin has 
been bleeding soil and excess fertilizer into the Mississippi 
River Basin at tremendous cost to the navigation industry, 
farmers, and wildlife. Fertilizer running off fields cost 
farmers an estimated $300 million annually and sediment fills 
the main shipping channels of the Illinois and Mississippi 
Rivers, costing $100 million annually to dredge. The excess 
sediment also clogs wetlands, reducing their ability to filter 
water and provide habitat, while the excess nutrients from 
fertilizer contribute to a ``dead zone'' in the Gulf of Mexico.
    In an October 23, 2001 letter to Bush Administration 
officials, six Governors of States bordering the Mississippi 
River 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.'' This bill answers that call by coordinating an 
effort to monitor and understand the connection between rapidly 
degrading agricultural land and the build-up of excess sediment 
and nutrients in the Mississippi River. By learning when, 
where, and how sediment and fertilizers are entering the Upper 
Mississippi Basin, we can focus our Nation's limited financial 
resources where they will have the greatest cost-savings impact 
for farmers, navigation, and habitat.
    It is essential that all stakeholders are brought into the 
process of addressing the problems of the Upper Mississippi 
River Basin. This legislation was crafted using input from 
farmers, the navigation industry, sporting groups, 
environmental organizations, and government agencies throughout 
the region. The bill calls for communication and coordination 
between government agencies at the Federal, State, and local 
levels as well as private stakeholders. By utilizing existing 
public and private monitoring networks to the maximum extent 
possible, H.R. 5340 builds on existing efforts by authorizing 
the U.S. Geological Survey to integrate these efforts and 
expand where necessary, develop guildelines for data 
collection, and establish an electronic database to store and 
disseminate information.
    The Upper Mississippi River Basin Protection Act represents 
a common-sense approach to addressing the excess sediment and 
nutrient problem in the Upper Mississippi by building the 
scientific foundation today that will allow managers to make 
the most cost-effective decisions in the future. The 
Mississippi River is one of the nation's great multi-use 
natural resources and Congress has an opportunity with this 
legislation to be good stewards of this resource for future 
generations. I urge my colleague's support.

                                                          Ron Kind.

                                  
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