II
Calendar No. 433
107TH CONGRESS
2D SESSION
H. R. 3480
[Report No. 107–169]
IN THE SENATE OF THE UNITED STATES
APRIL 10, 2002
Received; read twice and referred to the Committee on Environment and
Public Works
JUNE 21, 2002
Reported by Mr. JEFFORDS, without amendment
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.
Be it enacted by the Senate and House of Representa-
tives 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 of 2001’’.
(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. Cost share requirements.
Sec. 106. Reporting requirements.
Sec. 107. 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
Sec. 301. Authorization of appropriations.
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 Mis-
sissippi River, in the States of Minnesota, Wis-
consin, Illinois, Iowa, and Missouri. The designation
includes the Kaskaskia watershed along the Illinois
River and the Meramec watershed along the Mis-
souri River.
(2) The terms ‘‘Upper Mississippi River Stew-
ardship Initiative’’ and ‘‘Initiative’’ mean the activi-
ties authorized or required by this Act to monitor
nutrient and sediment loss in the Upper Mississippi
River Basin.
SEC. 102. DATA COLLECTION AND STORAGE RESPONSIBIL-
ITIES.
(a) GUIDELINES FOR DATA COLLECTION AND STOR-
AGE.—The Secretary of the Interior shall establish guide-
lines 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 prac-
tices.
(b) RELEASE OF DATA.—Data resulting from sedi-
ment 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, informa-
tion regarding the location of the station shall not be dis-
seminated without the landowner’s permission.
(c) PROTECTION OF PRIVACY.—Data resulting from
sediment and nutrient monitoring in the Upper Mis-
sissippi River Basin is not subject to the mandatory disclo-
sure provisions of section 552 of title V, United States
Code, but may be released only as provided in subsection
(b).
SEC. 103. RELATIONSHIP TO EXISTING SEDIMENT AND NU-
TRIENT MONITORING.
(a) INVENTORY.—To the maximum extent prac-
ticable, 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 cre-
ating 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 moni-
toring 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 nongovern-
mental entities in developing the sediment and nutrient
monitoring network required by section 101.
(d) COORDINATION WITH LOWER ESTUARY ASSESS-
MENT GROUP.—The Secretary of the Interior shall carry
out this section in coordination with the Lower Estuary
Assessment Group, as 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 PRI-
VATE 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 mon-
itoring programs that meet guidelines prescribed under
section 102(a), as determined by the Secretary.
SEC. 105. COST SHARE REQUIREMENTS.
(a) REQUIRED COST SHARING.—The non-Federal
sponsors of the sediment and nutrient monitoring network
shall be responsible for not less than 25 percent of the
costs of maintaining the network.
(b) IN-KIND CONTRIBUTIONS.—Up to 80 percent of
the non-Federal share may be provided through in-kind
contributions.
(c) TREATMENT OF EXISTING EFFORTS.—A State or
local monitoring effort, in existence as of the date of the
enactment of this Act, that the Secretary of the Interior
finds adheres to the guidelines prescribed under section
102(a) shall be deemed to satisfy the cost share require-
ments of this section.
SEC. 106. 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 nutri-
ent monitoring network.
SEC. 107. NATIONAL RESEARCH COUNCIL ASSESSMENT.
The National Research Council of the National Acad-
emy of Sciences shall conduct a comprehensive water re-
sources assessment of the Upper Mississippi River Basin.
TITLE II—COMPUTER MODELING
AND RESEARCH
SEC. 201. COMPUTER MODELING AND RESEARCH OF SEDI-
MENT AND NUTRIENT SOURCES.
(a) MODELING PROGRAM REQUIRED.—As part of the
Upper Mississippi River Stewardship Initiative, the Direc-
tor of the United States Geological Survey shall establish
a modeling program to identify significant sources of sedi-
ment and nutrients in the Upper Mississippi River Basin.
(b) ROLE.—Computer modeling shall be used to iden-
tify subwatersheds which are significant sources of sedi-
ment 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 re-
sults, including the following:
(1) Land use data.
(2) Soils data.
(3) Elevation data.
(4) Information on sediment and nutrient re-
duction improvement actions.
(5) Remotely sense data.
(e) HEADQUARTERS.—Information developed by
computer modeling shall be headquartered at the Upper
Midwest Environmental Sciences Center in La Crosse,
Wisconsin.
SEC. 202. USE OF ELECTRONIC MEANS TO DISTRIBUTE
INFORMATION.
Not later than 90 days after the date of the enact-
ment of this Act, the Director of the United States Geo-
logical Survey shall establish a system that uses the tele-
communications medium known as the Internet to provide
information regarding the following:
(1) Public and private programs designed to re-
duce sediment and nutrient loss in the Upper Mis-
sissippi 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 Direc-
tor 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 pro-
vide to Congress and make available to the public a
progress report regarding modeling activities.
TITLE III—AUTHORIZATION OF
APPROPRIATIONS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated to the Secretary of the Interior $6,250,000 each
fiscal year to carry out this Act.
(b) WATER RESOURCE AND WATER QUALITY MAN-
AGEMENT ASSESSMENT.—There is authorized to be ap-
propriated $650,000 to allow the National Research Coun-
cil to perform the assessment required by section 107.