[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.