,,ii #aacth ,,congress #ast ,session ,s4 #cfe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ad1 #bjac ,ms4 ,klobuchar 7for herself and ,mr4 ,franken7 introduced the following bill2 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 ,minnesota1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,upper ,mississippi ,conservation and ,river ,protection ,act of #bjac or the ,upper ,mississippi ,,carp ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,alternative technology barrier ,the term alternative technology barrier means-- 7,a7 an electric barrier2 7,b7 an acoustic barrier2 7,c7 a bubble barrier2 and 7,d7 any other barrier the ,secretary determines to be appropriate4 7#b7 ,asian carp ,the term ,asian carp means-- 7,a7 grass carp 7,ctenopharyngodon idella72 7,b7 silver carp 7,hypophthalmichthys molitrix72 7,c7 bighead carp 7,hypophthalmichthys nobilis72 and 7,d7 black carp 7,mylopharyngodon piceus74 7#c7 ,lock and ,dam #a ,the term ,lock and ,dam #a means the lock and dam located on ,mississippi ,river mile #hdg4h in ,minneapolis1 ,minnesota4 7#d7 ,lock and ,dam #b ,the term ,lock and ,dam #b means the lock and dam located on ,mississippi ,river mile #hae4b upstream of ,hastings1 ,minnesota4 7#e7 ,lock and ,dam #d ,the term ,lock and ,dam #d means the lock and dam located on ,mississippi ,river mile #geb4h in ,alma1 ,wisconsin4 7#f7 ,secretary ,the term ,secretary means the ,secretary of the ,army1 acting through the ,chief of ,engineers4 7#g7 ,upper ,st4 ,anthony ,falls ,lock and ,dam ,the term ,upper ,st4 ,anthony ,falls ,lock and ,dam means the lock and dam located on ,mississippi ,river mile #hec4i in ,minneapolis1 ,minnesota4 #c4 ,feasibility study on temporary closure of ,upper ,st4 ,anthony ,falls ,lock 7a7 ,study ,the ,secretary shall conduct a study on the feasibility of temporarily closing the lock at the ,upper ,st4 ,anthony ,falls ,lock and ,dam to manage the threat of ,asian carp traveling up the ,mississippi ,river in the ,state of ,minnesota4 7b7 ,potential impacts ,in conducting the study1 the ,secretary shall assess the potential impacts1 including environmental and economic impacts of-- 7#a7 temporary closure of the lock2 and 7#b7 continuing to operate the lock4 7c7 ,consultation ,the ,secretary shall carry out the study in consultation with the ,secretary of the ,interior and appropriate ,federal1 ,state1 and local entities4 7d7 ,public comment ,in conducting the study1 the ,secretary shall provide an opportunity for1 and take into consideration1 public comments4 7e7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report on the results of the study4 #d4 ,feasibility study on use of other ,asian carp control measures 7a7 ,study ,the ,secretary shall conduct a study on the feasibility of implementing control measures at the ,upper ,st4 ,anthony ,falls ,lock and ,dam and at ,lock and ,dam #a to manage the threat of ,asian carp traveling up the ,mississippi ,river in the ,state of ,minnesota4 7b7 ,types of control measures ,the study shall include an examination of-- 7#a7 permanent closure of the lock2 7#b7 modified lock operations2 7#c7 the use of an alternative technology barrier2 and 7#d7 any other control measures the ,secretary determines to be appropriate4 7c7 ,potential impacts ,in conducting the study1 the ,secretary shall assess the potential impacts1 including environmental and economic impacts of-- 7#a7 implementing each of the control measures described in subsection 7b72 and 7#b7 not implementing any control measures4 7d7 ,consultation ,the ,secretary shall carry out the study in consultation with the ,secretary of the ,interior and appropriate ,federal1 ,state1 and local entities4 7e7 ,public comment ,in conducting the study1 the ,secretary shall provide an opportunity for1 and take into consideration1 public comments4 7f7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report on the results of the study4 #e4 ,closure of locks to prevent spread of ,asian carp 7a7 ,discretionary closure ,the ,secretary may close the lock at the ,upper ,st4 ,anthony ,falls ,lock and ,dam if the ,secretary determines in writing1 based on the assessment of potential impacts under section #c7;b71 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 ,minnesota4 7b7 ,mandatory closure ,the ,secretary shall close the lock at the ,upper ,st4 ,anthony ,falls ,lock and ,dam if the ,secretary determines that-- 7#a7 #a or more live adult ,asian carp has been captured above ,lock and ,dam #b2 or 7#b7 #a or more juvenile ,asian carp has been captured above ,lock and ,dam #d4 7c7 ,determinations by ,secretary of the ,interior 7#a7 ,petitions ,if the ,secretary of the ,interior determines that an ,asian carp has been captured that meets the criteria described in paragraph 7#a7 or 7#b7 of subsection 7b71 the ,secretary of the ,interior may submit to the ,secretary a petition for closure of the lock at the ,upper ,st4 ,anthony ,falls ,lock and ,dam4 7#b7 ,considerations ,after receiving a petition under paragraph 7#a71 the ,secretary shall-- 7,a7 consider the recommendation contained in the petition and prepare a written response to the recommendation2 7,b7 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 ,senate2 and 7,c7 make a copy of the petition and written response available to the public by electronic means1 including the ,internet4 7d7 ,period of closure ,if the ,secretary closes the lock under this section1 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 ,st4 ,anthony ,falls ,lock and ,dam4 7e7 ,emergency operations ,nothing in this section prevents the ,secretary from carrying out emergency lock operations necessary to mitigate flood damage4 #f4 ,asian ,carp ,control ,strategy ,framework ,the ,council on ,environmental ,quality shall incorporate the ,upper ,mississippi ,river and tributaries1 the ,minnesota ,river1 and the ,st4 ,croix ,river into the ,asian ,carp ,control ,strategy ,framework of the ,council4 #g4 ,sense of ,congress ,it is the sense of ,congress that1 to the maximum extent practicable1 ,federal agencies researching ,asian carp control technologies should partner with ,state and local shareholders1 giving priority to those collaborative partnerships in which the ,state and local shareholders contribute to the cost of the research4