49–006 

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. 


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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 enVerDate Aug 31 2005 14:58 Jul 14, 2006 Jkt 049010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6621 E:\HR\OC\HR561.XXX HR561

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tities 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. 


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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 


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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. 


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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. 


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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 


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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. 


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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 longneeded 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 


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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 costeffective 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. 

Æ 


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