Upper Mississippi River Basin Protection Act

Floor Speech

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Mr. McCLINTOCK. Mr. Speaker, I yield myself such time as I may consume.

The majority has adequately described the bill. Based on the history of this legislative proposal, we're not opposing the measure; however, Members should note that today's bill has been changed from prior versions. The 10-year sunset has been removed.

We were also concerned that the Federal Government would have unfettered access to private property under this program and that the data collected on this private property could be used against the landowner. However, after meeting with the affected parties, we've concluded that the U.S. Geological Survey regulations require prior written landowner permission for entry and for release of any data collected on an individual's property.

I would like to include in the Record the appropriate permission form that is used for these purposes. It's our understanding that the program authorized in this bill would follow this longstanding practice.
[From the U.S. Geological Survey Manual]

Format for Letter Requesting Permission To Enter Private Property (To Be Printed on Official Letterhead)

(Insert Date)

(Insert Name of Private Landowner)

(Insert Address of Private Landowner)

Dear (Insert Name of Private Landowner):

The U.S. Geological Survey requires employees to obtain written permission from landowners in certain cases before entering onto private property to conduct new surveys or scientific sampling. Consequently, we are hereby requesting your approval to enter your land for the purpose described below. The data and/or samples collected will be used for scientific purposes and will be provided to you upon request.

Specific information regarding this request is as follows:

1. (proposed date and time of entry and departure, or period of time during which recurring visits will be necessary).

2. (kind and number of vehicles to be used).

3. (number of persons in the party).

4. (name, office address, and contact information of chief of party).

5. (purpose of the work).

6. (locations on the property where work is to be done).

7. (approximate frequency of aircraft flights along lines of sight for temperature and pressure measurements, in connection with geodimeter or similar work, if applicable).

We will make every effort to minimize disturbance or disruption to your property. However, in the unlikely event that property damage results, you are entitled to file a claim to recover your damages (tort claim). Please contact (insert name and telephone number of tort claims contact) immediately if property damage should occur.

If you have any questions about this program of the U.S. Geological Survey, you may contact (insert name of chief of project) at the following telephone number: (insert number).

If you consent to this request, please sign below and (list method of return, e.g., envelope provided, leave at a designated location, etc.). Thank you for your cooperation.

Sincerely,

(Signature and Printed Name of Requestor).

With that, I reserve the balance of my time.

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