H.R. 3671 (111th): Upper Mississippi River Basin Protection Act

111th Congress, 2009–2010. Text as of Mar 22, 2010 (Referred to Senate Committee).

Status & Summary | PDF | Source: GPO

IIB

111th CONGRESS

2d Session

H. R. 3671

IN THE SENATE OF THE UNITED STATES

March 22 (legislative day, March 19), 2010

Received; 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.

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.

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.

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.

I

Sediment and nutrient monitoring network

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.

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.

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).

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.

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.

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.

II

Computer modeling and research

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.

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.

203.

Reporting requirements

(a)

Monitoring activities

Commencing 1 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 3 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.

III

Authorization of appropriations and related matters

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.

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).

Passed the House of Representatives March 19, 2010.

Lorraine C. Miller,

Clerk.