```

[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.
```