Southern Legislative Conference | Serving the South62nd Annual Meeting
of the Southern Legislative Conference | Oklahoma City | July 11-15, 2008

Lower Mississippi River
Basin Initiative

TO:

Members of the Lower Mississippi River Basin Initiative

FR:

Senator Mark Norris, Majority Leader, Tennessee

RE:

Report of Session on the Lower Mississippi River Basin Initiative at the 62nd Annual Meeting of the Southern Legislative Conference in Oklahoma City, Oklahoma, July 11-15, 2008

This session convened on Monday, July 14, to discuss strategies to enhance cooperation among the six Lower Mississippi River states (Kentucky, Tennessee, Arkansas, Mississippi, Missouri and Louisiana) in ensuring the vitality of the Mississippi River in the economic, transportation, environmental, tourism and agricultural spheres.  The following is a synopsis of the presentations made by three experts on these different topics.  An attendance list from the meeting is attached.


Program Session, July 14, 2008


I.          Lower Mississippi River Basin Initiative

             Dave Hokanson, Water Quality Program Director, Upper Mississippi River Basin Association (UMRBA), Minnesota

             Peter Tennant, Deputy Director, Ohio River Valley Water Sanitation Commission (ORSANCO), Ohio

             Ron Nassar, Ph.D., Coordinator, Lower Mississippi River Conservation Committee (LMRCC), Mississippi


Background

In October 2007, the National Research Council issued a report indicating that the Mississippi River in Minneapolis is a very different body of water than what runs along downtown Memphis and further downstream.  The report also encouraged the six Lower Mississippi River states to strive to create a cooperative mechanism, similar in organization to the Upper Mississippi River Basin Association (UMRBA), in order to promote better interstate collaboration on the Lower Mississippi River water quality issues.  In order to spur the six lower Mississippi River states to begin a dialogue about this important topic, a panel of experts convened to address a number of relevant topics.


Mr. Hokanson’s Presentation

According to Mr. Hokanson, in the fall of 2007, the National Research Council—one of four organizations collectively referred to as the National Academies, originally established under an 1863 congressional charter to advise on science, technology and health policy—released a report that encouraged the lower Mississippi River states to set up a cooperative mechanism similar to the Upper Mississippi River Basin Association (UMRBA).  Expanding on the genesis of UMRBA, Mr. Hokanson noted that it sprang from the Upper Mississippi River Basin Commission, an organization formed in 1972 that was terminated by a presidential executive order in 1981.  Soon after, however, the governors of the five upper Mississippi River states (Illinois, Iowa, Minnesota, Missouri, and Wisconsin) that had previously belonged to the commission states set up UMRBA by a joint resolution to facilitate dialogue and cooperative action regarding water and related land resource issues in the basin.  Even though governor-appointed representatives are the primary participants in UMRBA activities, Mr. Hokanson indicated that representatives from the different state legislatures in the five states coordinate actions with the governors’ nominees along with appropriating dues to UMRBA.  (In fiscal year 2008, UMRBA’s budget was $459,000 with two-thirds of this amount traceable to state dues and water quality assessments).  In addition, several federal agencies covering a number of different disciplines remain involved in UMRBA activities.

Mr. Hokanson documented that UMRBA focuses on planning and coordinating activities as it relates to the Upper Mississippi River, such as assisting the states and the many federal agencies to function more effectively; evaluating policies, programs, and laws; building consensus among the states; and promoting state interests in the area.  However, UMRBA does not get involved in establishing regulations or land management policies; constructing or operating facilities; or engaging in scientific research.  Based on its actions in more than 25 years, Mr. Hokanson highlighted the following UMRBA accomplishments as significant:

  • Establishing a standing forum for a partnership of state and federal agencies on the Upper Mississippi River;

  • Authorizing and implementing the environmental management program;

  • Creating the inter-basin diversion charter;

  • Introducing the Upper Mississippi River spill response plan;

  • Generating the inland sensitivity atlas; and

  • Securing authorization for the Navigation and Ecosystem Sustainability Program (NESP), an effort supported by a range of entities including industry, non-government organizations and state governments.

In addition, Mr. Hokanson indicated that UMRBA has reached significant milestones with a range of successful water quality programs, a development that resulted in the previously referenced National Research Council report commending the quality of water around the Upper Mississippi River states.  In conclusion, Mr. Hokanson stressed that UMRBA has played a significant role in ensuring the vitality of the River across so many different spheres in Illinois, Iowa, Minnesota, Missouri and Wisconsin.


Mr. Tennant’s Presentation

Mr. Tennant began his presentation by giving an overview of the geography and ecology of the Ohio River Basin.  The Ohio River, at 981 miles long, is formed in Pittsburgh, Pennsylvania, by the confluence of the Allegheny and Monongahela Rivers.  At its southwestern end, the Ohio River meets the Mississippi River in Cairo, Illinois.  The drainage basin covers approximately 204,000 square miles and is home to more than 25 million people, with three million Ohio River Basin residents getting their drinking water from the Ohio River.  More than 120 species of fish live in the river and the lower reaches of its tributaries.  Twenty dams on the river maintain a 9-foot minimum depth for navigation, and 49 power generating facilities are located along its route.  More than 200 million tons of cargo are transported on the river, the most common of which is coal. 

Mr. Tennant then spoke about the history of the Ohio River Valley Water Sanitation Commission (ORSANCO).  The overall goal of ORSANCO is to prompt direct action and coordination of state activities to improve water quality in the Ohio River Basin.  The organization was created partly in reaction to various pollution problems associated with the river—such as low dissolved oxygen difficulties in the 1900s, the presence of phenols that caused unpleasant tastes and odors in the 1920s, and gastroenteritis outbreaks in the 1930s.  In 1934, the Cincinnati Cleanup Campaign was formed to address some of these concerns.  In 1936, Congress authorized compact negotiations.  A compact was approved in 1939 by Indiana, Illinois, New York, Ohio, and West Virginia and, a year later, by Kentucky, and subsequently passed by Congress.  The compact was signed in 1948. 

The compact authorized ORSANCO to adopt rules, regulations and standards, Mr. Tennant continued.  For instance, a general regulation of the organization is that waste discharged in one state shall not injuriously affect the waters of another state.  The structure of the Commission includes three commissioners per state and three federal commissioners, for a total of 27 commissioners.  The commissioners comprise nine state and federal environmental agencies; four municipal utilities; four attorneys; two environmental consultants; one elected official; one educational institution; and one industry group.  Four committee divisions—standing committees, special committees, program advisory committees, and advisory committees—organize the operations of the commission.  ORSANCO also employs 27 fulltime staff.  State and federal governments share in the operating expenses. 

Mr. Tennant explained that the impact ORSANCO has had on the Ohio River Basin.  In 1948, less than 1 percent of waste in the water received any treatment; design life of marine structures was reduced by 30 percent compared to other rivers; and riverfront areas were considered uninhabitable during certain times of year.  However, the ORSANCO Clean Streams Campaign, a program that enables states to work with local communities and industry groups to create treatment facilities, has made great strides in addressing these problems.  The Campaign has created biological programs that conduct fish population surveys, macroinvertebrate surveys, and fish tissue contaminant analyses.  It has brought about the development of water quality monitoring and assessment programs, which conduct ambient monitoring; clean metals sampling; nutrients and algae testing; and bacteria monitoring.  The pollution control standards created by the campaign have established designated uses and water quality criteria for the river, as well as discharger compliance tracking systems.  Also, there is a spills detection and notification component to the program, which facilitates interstate notification and communication about spills; on-river spill tracking; and coordination of spill response teams.  Finally, an organic detection system utilizes samples that are collected daily to identify tainted areas of the river. 

As a result of these efforts, Mr. Tennant concluded, pollution in the river basin has been dramatically reduced over the last 50 years.  The river has seen the recovery of sauger, a fish population that was in steep decline due to polluted conditions.  The river also has seen the return and growth of fishing tournaments, regattas and marinas.  Riverfront property is now in high demand, and overall recreational activities have increased as a result of these endeavors.  However, despite great success in the past, there still are many challenges that ORSANCO and its allies face, including wet weather problems, aging infrastructure, cross media pollution, and land use changes. 


Dr. Nasser’s Presentation

In emphasizing the importance of the Mississippi River, Dr. Nasser observed that the 2,339-mile long river has a watershed that covers one-eighth of North America, draining all or parts of 21 states and two Canadian provinces.  Most of the land east of the Rocky Mountains and west of the Appalachian Mountains drains through the Lower Mississippi Valley, he added.  The Mississippi River provides habitats for 241 fish species, 37 mussel species, 45 amphibians, 50 mammals and 40 percent of the nation’s migratory birds, as well as the 12 million people who live in the 125 counties and parishes that border it.

He noted that with the construction of Interstate 69, the Mississippi River is poised on the cusp of tremendous change.  Even with only a short section completed (connecting Interstate 55 and Highway 61 south of Memphis at the Tunica Gaming Complex), visitors to the Mississippi River area have increased.  In time, millions of people will be coming through this part of the country, he added.  Studies by the tourism industry indicate that this demographic also is changing rapidly.  Many of these tourists want to experience what is called “nature tourism,” the fastest growing market segment in the international tourism industry. 

Outdoor recreation is a huge, sustainable industry in the United States, and accounts for $656 billion in annual expenditures and more than 5.8 million jobs (which amounts to 1 in 18 jobs in the United States), generating more than $79 billion in annual federal and state tax revenues.  The individuals driving this industry are wildlife viewers, bicyclists, hikers, horseback riders, all-terrain vehicle riders, campers, fishers, canoeists and kayakers, collectively spending $249 billion annually. The ripple effect from these expenditures increases the economic impact of this industry to $628 billion annually.

In looking at the relative importance of these recreational categories based on the jobs they provide and the tax base they produce, it becomes clear that the order has changed, Dr. Nasser explained.  The top activities for jobs are camping, supporting 2.3 million jobs; bicycling (1.1 million jobs); and trails and hiking (716,000 jobs).  Paddling, fishing and wildlife viewing round out this list.  These are obviously not the pursuits that Southerners typically think of as outdoor recreation, he indicated, however, any effort to develop an economy based on natural resources needs to acknowledge categories of recreation that are emerging as the biggest job and revenue generators.

The importance of the Mississippi River to the development of the nation has in many ways been forgotten, Dr. Nasser noted.  Barely 200 years ago, the river was the western border of the United States.  The Mississippi River quickly went from being the border of the frontier to a central feature in America’s emergence as an economic superpower.  Today, he observed, with levees obscuring much of the lower reaches of the river and public access limited, the Mississippi hides in plain sight. 

The Lower Mississippi River Conservation Commission (LMRCC) recently completed a series of state-level planning meetings in each of its six member states, Dr. Nasser said.  In these meetings, participants from a diverse array of federal and state resource management agencies, private interests, and industrial landowners identified 239 access and habitat restoration projects that have the potential to restore the 2.8 million-acre Lower Mississippi River ecosystem.  Because ecosystem restoration also is a high priority for the U. S. Army Corps of Engineers, they were one of LMRCC’s most effective partners in planning the effort to restore the nation’s largest river.  These six state-level plans are now being compiled into a Restoring America’s Greatest River plan, the first and only landscape-scale habitat restoration effort focused solely on the Lower Mississippi River.

The natural resource-based economic development concept already is being implemented in Tennessee, Dr. Nasser noted, with a proposed project to construct a greenway paralleling the Mississippi River along the western border of the state, creating numerous opportunities for outdoor recreation.  He concluded that the Lower Mississippi River has some of the most beautiful scenery to be found in the eastern United States—it is a wild place of unparalleled beauty right in our very backyards and offers numerous opportunities for cycling, whether it be on woods trails or along paved roadways.  Trails can be constructed for horseback riders, ATV enthusiasts, or hikers; paddling opportunities are virtually unbounded on the river; and fishing opportunities are unlimited on the river, whether for trophy catfish, panfish, or simply family adventures.  Tourists are willing to pay for the opportunity to experience the abundant natural resources that we so often take for granted.  A healthy Lower Mississippi River ecosystem can provide an array of wildlife viewing experiences for tourists.  The Mississippi River as a source of outdoor recreation has enormous economic development potential, but that potential is virtually undeveloped.  In closing, Dr. Nasser noted that it represents a sustainable industry that cannot be exported, and unlike other major industries, the river requires little infrastructure development.


Conclusion

Following the three presentations, there was a brief time of questions and answers for the panelists.  Participants also discussed some benefits and potential difficulties of moving forward to create a similar compact as the Upper Mississippi River Basin Association for Southern states.  The conclusion of the participants was that further discussion on the matter would be appropriate for future meetings.


Southern Legislative Conference 63rd Annual Meeting


Winston-Salem, North Carolina

The SLC will meet for the 63rd Annual Meeting in Winston-Salem, North Carolina, August 15-19, 2009.  In keeping with the wishes of the SLC presiding officers, please note that meeting notification does not authorize travel.


SLC Staff Contact

If you have any questions regarding this report or the 2008 SLC Annual Meeting, please contact Jeremy L. Williams in our Atlanta office at (404) 633-1866 or jlwilliams@csg.org.


Attendance List

Southern Legislative Conference 62nd Annual Meeting

Lower Mississippi River Basin Initiative

July 11-15, 2008

Oklahoma City, Oklahoma

(List reflects those attendees whose names appeared on the sign-in sheet)


Alabama

Representative Mike Curtis

Representative Randy Davis

Representative Frank McDaniel

Representative Howard Sanderford

Representative William E. Thigpen

Representative Henry White

Arkansas

Senator David Bisbee

Senator Jimmy Luker

Representative Stephanie Flowers-Kirk

Representative Eddie Hawkins

Estella Smith, Bureau of Legislative Research

Jimmy Wallace, Arkansas Municipal League

Georgia

Representative Harry Geisinger

Sujit CanagaRetna,
Southern Legislative Conference

Kenneth Fern, Jr.,
Southern Legislative Conference

Susan Gibson, U.S. Army

Jonathan R. Watts Hull,
Southern Legislative Conference

Jeremy Williams,
Southern Legislative Conference

Kentucky

Representative Tom Burch

Representative Jimmie Lee

Speaker Jody Richards

John Mountjoy,
The Council of State Governments

Maryland

Senator Jennie Forehand

Mississippi

Senator Vincent Davis

Senator Hillman Frazier

Representative Willie L. Bailey

Representative David Gibbs

Representative Greg Ward

Ron Nasser,
Lower Mississippi River Conservation Commission

Oklahoma

Representative Brian Renegar

Tom Clapper, Senate

Tennessee

Senator Mark Norris

Senator Reginald Tate

Liz Alvey, Senate

Comptroller John Morgan, Office of the Comptroller

Denise Ragland, Senate

Minnesota

Dave Hokanson,
Upper Mississippi River Basin Association

Ohio

Peter Tennant,
Ohio River Valley Water Sanitation Commission

Ontario, Canada

June DeWetering,
Canada-U.S. Interparliamentary Group

Southern Legislative Conference

Southern Office of The Council of State Governments
phone: (404) 633-1866 | fax: (404) 633-4896 | email: slc@csg.org
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