[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 365 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 365
To authorize the Secretary of the Army to carry out activities to
manage the threat of Asian carp traveling up the Mississippi River in
the State of Minnesota, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 14, 2013
Ms. Klobuchar (for herself and Mr. Franken) introduced the following
bill; which was read twice and referred to the Committee on Environment
and Public Works
_______________________________________________________________________
A BILL
To authorize the Secretary of the Army to carry out activities to
manage the threat of Asian carp traveling up the Mississippi River in
the State of Minnesota, 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.
This Act may be cited as the ``Upper Mississippi Conservation and
River Protection Act of 2013'' or the ``Upper Mississippi CARP Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Alternative technology barrier.--The term ``alternative
technology barrier'' means--
(A) an electric barrier;
(B) an acoustic barrier;
(C) a bubble barrier; and
(D) any other barrier the Secretary determines to
be appropriate.
(2) Asian carp.--The term ``Asian carp'' means--
(A) grass carp (Ctenopharyngodon idella);
(B) silver carp (Hypophthalmichthys molitrix);
(C) bighead carp (Hypophthalmichthys nobilis); and
(D) black carp (Mylopharyngodon piceus).
(3) Lock and dam 1.--The term ``Lock and Dam 1'' means the
lock and dam located on Mississippi River mile 847.8 in
Minneapolis, Minnesota.
(4) Lock and dam 2.--The term ``Lock and Dam 2'' means the
lock and dam located on Mississippi River mile 815.2 upstream
of Hastings, Minnesota.
(5) Lock and dam 4.--The term ``Lock and Dam 4'' means the
lock and dam located on Mississippi River mile 752.8 in Alma,
Wisconsin.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Army, acting through the Chief of Engineers.
(7) Upper st. anthony falls lock and dam.--The term ``Upper
St. Anthony Falls Lock and Dam'' means the lock and dam located
on Mississippi River mile 853.9 in Minneapolis, Minnesota.
SEC. 3. FEASIBILITY STUDY ON TEMPORARY CLOSURE OF UPPER ST. ANTHONY
FALLS LOCK.
(a) Study.--The Secretary shall conduct a study on the feasibility
of temporarily closing the lock at the Upper St. Anthony Falls Lock and
Dam to manage the threat of Asian carp traveling up the Mississippi
River in the State of Minnesota.
(b) Potential Impacts.--In conducting the study, the Secretary
shall assess the potential impacts, including environmental and
economic impacts of--
(1) temporary closure of the lock; and
(2) continuing to operate the lock.
(c) Consultation.--The Secretary shall carry out the study in
consultation with the Secretary of the Interior and appropriate
Federal, State, and local entities.
(d) Public Comment.--In conducting the study, the Secretary shall
provide an opportunity for, and take into consideration, public
comments.
(e) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to Congress a report on the
results of the study.
SEC. 4. FEASIBILITY STUDY ON USE OF OTHER ASIAN CARP CONTROL MEASURES.
(a) Study.--The Secretary shall conduct a study on the feasibility
of implementing control measures at the Upper St. Anthony Falls Lock
and Dam and at Lock and Dam 1 to manage the threat of Asian carp
traveling up the Mississippi River in the State of Minnesota.
(b) Types of Control Measures.--The study shall include an
examination of--
(1) permanent closure of the lock;
(2) modified lock operations;
(3) the use of an alternative technology barrier; and
(4) any other control measures the Secretary determines to
be appropriate.
(c) Potential Impacts.--In conducting the study, the Secretary
shall assess the potential impacts, including environmental and
economic impacts of--
(1) implementing each of the control measures described in
subsection (b); and
(2) not implementing any control measures.
(d) Consultation.--The Secretary shall carry out the study in
consultation with the Secretary of the Interior and appropriate
Federal, State, and local entities.
(e) Public Comment.--In conducting the study, the Secretary shall
provide an opportunity for, and take into consideration, public
comments.
(f) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to Congress a report on the
results of the study.
SEC. 5. CLOSURE OF LOCKS TO PREVENT SPREAD OF ASIAN CARP.
(a) Discretionary Closure.--The Secretary may close the lock at the
Upper St. Anthony Falls Lock and Dam if the Secretary determines in
writing, based on the assessment of potential impacts under section
3(b), that closure of the lock is justified as a method to manage the
threat of Asian carp traveling up the Mississippi River in the State of
Minnesota.
(b) Mandatory Closure.--The Secretary shall close the lock at the
Upper St. Anthony Falls Lock and Dam if the Secretary determines that--
(1) 1 or more live adult Asian carp has been captured above
Lock and Dam 2; or
(2) 1 or more juvenile Asian carp has been captured above
Lock and Dam 4.
(c) Determinations by Secretary of the Interior.--
(1) Petitions.--If the Secretary of the Interior determines
that an Asian carp has been captured that meets the criteria
described in paragraph (1) or (2) of subsection (b), the
Secretary of the Interior may submit to the Secretary a
petition for closure of the lock at the Upper St. Anthony Falls
Lock and Dam.
(2) Considerations.--After receiving a petition under
paragraph (1), the Secretary shall--
(A) consider the recommendation contained in the
petition and prepare a written response to the
recommendation;
(B) submit a copy of the petition and written
response to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the
Senate; and
(C) make a copy of the petition and written
response available to the public by electronic means,
including the Internet.
(d) Period of Closure.--If the Secretary closes the lock under this
section, the Secretary may reopen the lock after the Secretary
determines in writing that adequate measures are in place to manage the
threat of Asian carp moving upstream of the Upper St. Anthony Falls
Lock and Dam.
(e) Emergency Operations.--Nothing in this section prevents the
Secretary from carrying out emergency lock operations necessary to
mitigate flood damage.
SEC. 6. ASIAN CARP CONTROL STRATEGY FRAMEWORK.
The Council on Environmental Quality shall incorporate the Upper
Mississippi River and tributaries, the Minnesota River, and the St.
Croix River into the Asian Carp Control Strategy Framework of the
Council.
SEC. 7. SENSE OF CONGRESS.
It is the sense of Congress that, to the maximum extent
practicable, Federal agencies researching Asian carp control
technologies should partner with State and local shareholders, giving
priority to those collaborative partnerships in which the State and
local shareholders contribute to the cost of the research.
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