H.R. 5340House109th Congress (2005-2007)Passed House

Upper Mississippi River Basin Protection Act

Legislative Activity

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16 earlier actions

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Energy and Natural Resources.

Energy and Natural Resources Committee

November 13, 2006

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HouseIntro Referral

Introduced in House

May 10, 2006

HouseIntro Referral

Referred to the House Committee on Resources.

Natural Resources Committee

May 10, 2006

HouseCommittee

Referred to the Subcommittee on Water and Power.

Water, Wildlife and Fisheries Subcommittee

May 16, 2006

HouseCommittee

Executive Comment Requested from Interior.

Natural Resources Committee

May 16, 2006

HouseCommittee

Subcommittee on Water and Power Discharged.

Natural Resources Committee

June 21, 2006

HouseCommittee

Committee Consideration and Mark-up Session Held.

Natural Resources Committee

June 21, 2006

HouseCommittee

Ordered to be Reported in the Nature of a Substitute (Amended) by Unanimous Consent.

Natural Resources Committee

June 21, 2006

HouseCommittee

Reported (Amended) by the Committee on Resources. H. Rept. 109-561.

Natural Resources Committee

July 13, 2006

HouseCalendars

Placed on the Union Calendar, Calendar No. 317.

July 13, 2006

HouseFloor

Mr. Gohmert moved to suspend the rules and pass the bill, as amended.

September 27, 2006 • 11:45 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H7667-7669)

September 27, 2006 • 11:46 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 5340.

September 27, 2006 • 11:46 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H7667-7668)

September 27, 2006 • 11:52 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H7667-7668)

September 27, 2006 • 11:52 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 27, 2006 • 11:52 PM

SenateIntro Referral

Received in the Senate.

September 28, 2006

SenateIntro Referral

Read twice and referred to the Committee on Energy and Natural Resources.

Energy and Natural Resources Committee

November 13, 2006

Floor Debate

3 members

What members said about H.R. 5340 on the floor

2 Republicans1 Democrat

Rep. Ron KindD-WI-3 · Sep 27, 2006

Madam Speaker, I yield such myself such time as may consume. (Mr. KIND asked and was given permission to revise and extend his remarks.) Madam Speaker, I want to thank the majority for their support…

Madam Speaker, I yield such myself such time as may consume.

(Mr. KIND asked and was given permission to revise and extend his remarks.)

Madam Speaker, I want to thank the majority for their support for this legislation this evening. This is legislation that I drafted and supported over the last couple of years with the support of many my colleagues in a bipartisan fashion. I want to commend the colleagues who have been active participants in the bipartisan Mississippi River Caucus.

This bill, the Upper Mississippi River Basin Protection Act, would develop a coordinated public-private approach to reducing nutrient and sediment flows in the Upper Mississippi River Basin.

The Mississippi River, Madam Speaker, is one of the great national treasures that we have and one of the great diverse ecosystems that flows right through the heart of America. It is North America's largest migratory route, with 40 percent of the water fowl species using this corridor during their annual migration every year. It is also the bread basket of America, which provides a lot of fertile acres are for the agricultural lands that we enjoy in the Midwest. It is also the primary drinking source to close to 30 million Americans.

But its greatest risk and challenge today is the amount of nutrients and sediments that are flowing into the basin area. The problem is multiple. Soil erosion reduces the long-term sustainability and the income of the typical farmer in middle America. Collectively, farmers annually lose more than $300 million of applied nitrogen due to runoff which ultimately enters the basin area.

Sediment fills the main shipping channel of the Mississippi River, costing the taxpayers roughly $100 million each year in dredging costs just to maintain the safe shipping channels for the navigation industry that takes and delivers many of the products to market.

Sediment fills in these valuable wetlands along the Mississippi River Basin, reducing wildlife habitat, affecting and destroying numerous acres of wetlands every year.

The loss of side channel habitat threaten the River's $1.2 recreation and $6.6 billion tourism industry impact in the Upper Mississippi River region alone. And there is inadequate scientific data on the amounts and sources of sediments and nutrients flowing into the Upper Mississippi River Basin at scales useful to land manager.

So what this legislation is attempting to do is put the science in place, allow the USGS to be the lead agency where they have developed competence in water quality and monitoring, set up a sub-basin monitoring system and develop computer models so we can do a better job of tracking the sediment and nutrient flows that enter the basin area, identify the hot spots, and better target the limited resources and voluntary and incentive-based land and water conservation programs to hopefully reduce that impact in the river basin.

What we are proposing is entirely consistent with the hypoxia study that took place in the Gulf of Mexico with the recommendations that they submitted to the Congress back in January of 2001. In fact, 40 percent of the nutrients that ultimately flow into the Gulf of Mexico creating this so-called dead zone or oxygen depletion zone, which is growing every year, has their origin in the Upper Mississippi River Basin.

This has received wide bipartisan support, both in Congress and at home. The five Upper Mississippi State governors have endorsed this proposal, along with the legislatures, and there have been countless public and private entities that have endorsed this approach too of trying to get the science in place so we can start the long-term data collection and establish the baseline so we know how to react to this great challenge that is affecting the great treasure that we know as the Mississippi River.

I want to especially commend the staff on committee for their help with this legislation, and my own staff, who has devoted countless hours on this project. I want to thank the support of the administration that has supported the legislation, along with numerous private entities throughout the Upper Midwest that have supported it and offered recommendations on how we can make this work for private landowners and public entities alike.

I want to especially thank Barry Drazkowski, who teaches at St. Mary's University at Winona, Minnesota, for the work he has done on water quality issues and for many of the ideas we have incorporated in this legislation.

Hopefully the third time is a charm. Hopefully we will get cooperation in the Senate to move this vitally important piece of legislation, because, again, the greatest threat that the Mississippi River Basin is facing today are the amount of sediments and nutrients that are flowing in, and I think there is a lot that we can do by maximizing the investment that we can make based on the science we are trying to put in place with this legislation here tonight in order to maintain the preservation and the protection of this great natural resource.

Again, I want to thank my colleague and the support we received on the Resources Committee, and encourage my colleagues to adoption this legislation this evening.

Madam Speaker, I yield back the balance of my time.

Rep. Jim NussleR-IA-1 · Sep 27, 2006

Madam Speaker, I rise today in support of the Upper Mississippi River Basin Protection Act. This legislation takes a commonsense approach to reduce nutrient and sediment loss in the Upper Mississippi watershed by coordinating existing public and private water monitoring initiatives. I believe that such a partnership promotes the river's health and is beneficial the communities and people of eastern Iowa.

Most of the farm families I represent live and make their living either along the Mississippi, or its many tributaries. Soil erosion is a problem for farmers by reducing long-term sustainability and income potential of their acres. It is my understanding that farmers in the Upper Mississippi River Basin lose more than $300 million annually in applied nitrogen to soil erosion. In addition, sediment fills the main shipping channel of the Mississippi that family farmers depend on to get their commodities to markets.

Farmers live close to the land, and are committed to being good stewards. This legislation helps farmers and local conservation groups assess where problems are occurring in their watershed, and how to efficiently and effectively solve the problem.

I believe this legislation is beneficial in mending our environment along the river, and better protecting it in the future. Sediment is a threat to the Mississippi's fish, birds, and other wildlife by filling wetlands. Sediment reduces wetlands' ability to be an adequate water filter and provide habitat to the creatures that live all along the Mississippi River. It is estimated that the Upper Mississippi contributes 31 percent of the nitrogen that impairs the water quality of the Lower Mississippi basin.

Part of the Upper Mississippi Wildlife Refuge is in my district. I believe this refuge is an important treasure for Iowa. What makes this area special is, of course, the unique wildlife that lives there. This legislation helps promote wildlife by monitoring and computer modeling data to ensure scientifically sound and cost-effective decisions in promoting water quality.

Additionally, a healthy Mississippi River is very important to the communities of eastern Iowa. The Mississippi is recognized throughout the United States and abroad as ``America's River''. The Quad Cities area is a popular destination of international travelers who want to see and touch the water. For the residents of the Quad Cities area, the riverfront is the center of social life, with a historic district, baseball diamond, and several annually held festivals.

The City of Dubuque boasts over one million visitors thanks to the Mississippi. This community has chosen to make its story of the river the cornerstone of its urban renewal with a million dollar investment in the revitalization of the riverfront. The America's River project and historic Port of Dubuque represent the community's dedication to growing its tourism industry.

Madam Speaker, the Upper Mississippi's health and water quality essential to growing the economies of the larger river cities of Bettendorf, Davenport, Clinton, and Dubuque, and the picturesque river towns of Guttenberg, LeClair, Bellevue, and Marquette. All of these communities, along with farmers and conservationists, have invested much time and effort in promoting a clean river. I believe this legislation helps to insure these investments by coordinating the many interests of those living in the Upper Mississippi River Basin. Accordingly, I am a proud sponsor of this bill, and I urge my colleagues to join me in supporting this legislation.

Rep. Louie GohmertR-TX-1 · Sep 27, 2006

Madam Speaker, I move to suspend the rules and pass the bill (H.R. 5340) to promote Department of the Interior efforts to provide a scientific basis for the management of sediment and nutrient loss…

Bill Text

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Referred in SenateIssued November 13, 2006

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5340 Referred in Senate (RFS)]

2d Session
H. R. 5340

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

September 28, 2006

Received

November 13, 2006

Read twice and referred to the Committee on Energy and Natural
Resources

_______________________________________________________________________

AN ACT

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.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Upper Mississippi
River Basin Protection Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Reliance on sound science.
TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK

Sec. 101. Establishment of monitoring network.
Sec. 102. Data collection and storage responsibilities.
Sec. 103. Relationship to existing sediment and nutrient monitoring.
Sec. 104. Collaboration with other public and private monitoring
efforts.
Sec. 105. Reporting requirements.
Sec. 106. National Research Council assessment.
TITLE II--COMPUTER MODELING AND RESEARCH

Sec. 201. Computer modeling and research of sediment and nutrient
sources.
Sec. 202. Use of electronic means to distribute information.
Sec. 203. Reporting requirements.
TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS

Sec. 301. Authorization of appropriations.
Sec. 302. Cost-sharing requirements.
Sec. 303. Sunset.

SEC. 2. DEFINITIONS.

In this Act:
(1) The terms ``Upper Mississippi River Basin'' and
``Basin'' mean the watershed portion of the Upper Mississippi
River and Illinois River basins, from Cairo, Illinois, to the
headwaters of the Mississippi River, in the States of
Minnesota, Wisconsin, Illinois, Iowa, and Missouri. The
designation includes the Kaskaskia watershed along the Illinois
River and the Meramec watershed along the Missouri River.
(2) The terms ``Upper Mississippi River Stewardship
Initiative'' and ``Initiative'' mean the activities authorized
or required by this Act to monitor nutrient and sediment loss
in the Upper Mississippi River Basin.
(3) The term ``sound science'' refers to the use of
accepted and documented scientific methods to identify and
quantify the sources, transport, and fate of nutrients and
sediment and to quantify the effect of various treatment
methods or conservation measures on nutrient and sediment loss.
Sound science requires the use of documented protocols for data
collection and data analysis, and peer review of the data,
results, and findings.

SEC. 3. RELIANCE ON SOUND SCIENCE.

It is the policy of Congress that Federal investments in the Upper
Mississippi River Basin must be guided by sound science.

TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK

SEC. 101. ESTABLISHMENT OF MONITORING NETWORK.

(a) Establishment.--As part of the Upper Mississippi River
Stewardship Initiative, the Secretary of the Interior shall establish a
sediment and nutrient monitoring network for the Upper Mississippi
River Basin for the purposes of--
(1) identifying and evaluating significant sources of
sediment and nutrients in the Upper Mississippi River Basin;
(2) quantifying the processes affecting mobilization,
transport, and fate of those sediments and nutrients on land
and in water;
(3) quantifying the transport of those sediments and
nutrients to and through the Upper Mississippi River Basin;
(4) recording changes to sediment and nutrient loss over
time;
(5) providing coordinated data to be used in computer
modeling of the Basin, pursuant to section 201; and
(6) identifying major sources of sediment and nutrients
within the Basin for the purpose of targeting resources to
reduce sediment and nutrient loss.
(b) Role of United States Geological Survey.--The Secretary of the
Interior shall carry out this title acting through the office of the
Director of the United States Geological Survey.

SEC. 102. DATA COLLECTION AND STORAGE RESPONSIBILITIES.

(a) Guidelines for Data Collection and Storage.--The Secretary of
the Interior shall establish guidelines for the effective design of
data collection activities regarding sediment and nutrient monitoring,
for the use of suitable and consistent methods for data collection, and
for consistent reporting, data storage, and archiving practices.
(b) Release of Data.--Data resulting from sediment and nutrient
monitoring in the Upper Mississippi River Basin shall be released to
the public using generic station identifiers and hydrologic unit codes.
In the case of a monitoring station located on private lands,
information regarding the location of the station shall not be
disseminated without the landowner's permission.
(c) Protection of Privacy.--Data resulting from sediment and
nutrient monitoring in the Upper Mississippi River Basin is not subject
to the mandatory disclosure provisions of section 552 of title 5,
United States Code, but may be released only as provided in subsection
(b).

SEC. 103. RELATIONSHIP TO EXISTING SEDIMENT AND NUTRIENT MONITORING.

(a) Inventory.--To the maximum extent practicable, the Secretary of
the Interior shall inventory the sediment and nutrient monitoring
efforts, in existence as of the date of the enactment of this Act, of
Federal, State, local, and nongovernmental entities for the purpose of
creating a baseline understanding of overlap, data gaps and
redundancies.
(b) Integration.--On the basis of the inventory, the Secretary of
the Interior shall integrate the existing sediment and nutrient
monitoring efforts, to the maximum extent practicable, into the
sediment and nutrient monitoring network required by section 101.
(c) Consultation and Use of Existing Data.--In carrying out this
section, the Secretary of the Interior shall make maximum use of data
in existence as of the date of the enactment of this Act and of ongoing
programs and efforts of Federal, State, tribal, local, and
nongovernmental entities in developing the sediment and nutrient
monitoring network required by section 101.
(d) Coordination With Long-Term Estuary Assessment Project.--The
Secretary of the Interior shall carry out this section in coordination
with the long-term estuary assessment project authorized by section 902
of the Estuaries and Clean Waters Act of 2000 (Public Law 106-457; 33
U.S.C. 2901 note).

SEC. 104. COLLABORATION WITH OTHER PUBLIC AND PRIVATE MONITORING
EFFORTS.

To establish the sediment and nutrient monitoring network, the
Secretary of the Interior shall collaborate, to the maximum extent
practicable, with other Federal, State, tribal, local and private
sediment and nutrient monitoring programs that meet guidelines
prescribed under section 102(a), as determined by the Secretary.

SEC. 105. REPORTING REQUIREMENTS.

The Secretary of the Interior shall report to Congress not later
than 180 days after the date of the enactment of this Act on the
development of the sediment and nutrient monitoring network.

SEC. 106. NATIONAL RESEARCH COUNCIL ASSESSMENT.

The National Research Council of the National Academy of Sciences
shall conduct a comprehensive water resources assessment of the Upper
Mississippi River Basin.

TITLE II--COMPUTER MODELING AND RESEARCH

SEC. 201. COMPUTER MODELING AND RESEARCH OF SEDIMENT AND NUTRIENT
SOURCES.

(a) Modeling Program Required.--As part of the Upper Mississippi
River Stewardship Initiative, the Director of the United States
Geological Survey shall establish a modeling program to identify
significant sources of sediment and nutrients in the Upper Mississippi
River Basin.
(b) Role.--Computer modeling shall be used to identify
subwatersheds which are significant sources of sediment and nutrient
loss and shall be made available for the purposes of targeting public
and private sediment and nutrient reduction efforts.
(c) Components.--Sediment and nutrient models for the Upper
Mississippi River Basin shall include the following:
(1) Models to relate nutrient loss to landscape, land use,
and land management practices.
(2) Models to relate sediment loss to landscape, land use,
and land management practices.
(3) Models to define river channel nutrient transformation
processes.
(d) Collection of Ancillary Information.--Ancillary information
shall be collected in a GIS format to support modeling and management
use of modeling results, including the following:
(1) Land use data.
(2) Soils data.
(3) Elevation data.
(4) Information on sediment and nutrient reduction
improvement actions.
(5) Remotely sense data.

SEC. 202. USE OF ELECTRONIC MEANS TO DISTRIBUTE INFORMATION.

Not later than 90 days after the date of the enactment of this Act,
the Director of the United States Geological Survey shall establish a
system that uses the telecommunications medium known as the Internet to
provide information regarding the following:
(1) Public and private programs designed to reduce sediment
and nutrient loss in the Upper Mississippi River Basin.
(2) Information on sediment and nutrient levels in the
Upper Mississippi River and its tributaries.
(3) Successful sediment and nutrient reduction projects.

SEC. 203. REPORTING REQUIREMENTS.

(a) Monitoring Activities.--Commencing one year after the date of
the enactment of this Act, the Director of the United States Geological
Survey shall provide to Congress and make available to the public an
annual report regarding monitoring activities conducted in the Upper
Mississippi River Basin.
(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.

Passed the House of Representatives September 27, 2006.

Attest:

KAREN L. HAAS,

Clerk.