[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5340 Introduced in House (IH)]
109th CONGRESS
2d Session
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 10, 2006
Mr. Kind introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
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. 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).
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