S. 365 — Introduced in Senate

II 113th CONGRESS 1st Session S. 365 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. 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. 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. 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. 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. 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. 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. 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.