HR 892 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 892CommentsClose CommentsPermalink

To require the Secretary of the Army to study the feasibility of the hydrological separation of the Great Lakes and Mississippi River Basins.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

March 3, 2011CommentsClose CommentsPermalink

Mr. CAMP (for himself, Mr. BENISHEK, Mrs. MILLER of Michigan, Mr. CLARKE of Michigan, Mr. CONYERS, Mr. AMASH, Mr. KILDEE, Mr. HUIZENGA of Michigan, Mr. PETERS, Mr. ROGERS of Michigan, Mr. UPTON, Mr. LEVIN, Mr. MCCOTTER, Mr. DINGELL, Mr. WALBERG, Ms. SLAUGHTER, Mr. NADLER, Ms. MCCOLLUM, Mrs. MALONEY, Mr. HIGGINS, Mr. ACKERMAN, and Ms. KAPTUR) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To require the Secretary of the Army to study the feasibility of the hydrological separation of the Great Lakes and Mississippi River Basins.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Stop Asian Carp Act’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

(a) In this Act:CommentsClose CommentsPermalink





(1) CAWS- The term ‘CAWS’ means the Chicago Area Water System.CommentsClose CommentsPermalink





(2) DIRECTOR- The term ‘Director’ means the Director of the United States Geological Survey.CommentsClose CommentsPermalink





(3) HYDROLOGICAL SEPARATION- The term ‘hydrological separation’ means a physical separation on the CAWS that--CommentsClose CommentsPermalink





(A) would disconnect the Mississippi River from Lake Michigan; andCommentsClose CommentsPermalink





(B) shall be designed to be adequate in scope to prevent the transfer of aquatic species between each water basin.CommentsClose CommentsPermalink





(4) SECRETARY- The term ‘Secretary’ means the Secretary of the Army, acting through the Chief of Engineers.CommentsClose CommentsPermalink





(5) STUDY- The term ‘study’ means the feasibility study described in section 11(a).CommentsClose CommentsPermalink

TITLE I--FEASIBILITY STUDYCommentsClose CommentsPermalink

SEC. 11. FEASIBILITY STUDY.

(a) In General- Not later than 30 days after the date of enactment of this Act, the Secretary, pursuant to section 206 of the Flood Control Act of 1958 (Public Law 85-500; 72 Stat. 317), shall study the watersheds of the following rivers (including the tributaries of the rivers) that drain directly into Lake Michigan:CommentsClose CommentsPermalink





(1) The Illinois River, at and in the vicinity of Chicago, Illinois.CommentsClose CommentsPermalink





(2) The Chicago River in the State of Illinois.CommentsClose CommentsPermalink





(3) The Calumet River in the States of Illinois and Indiana.CommentsClose CommentsPermalink





(b) Purpose of Study- The purpose of the study is to determine the feasibility and best means of implementing the hydrological separation of the Great Lakes and Mississippi River Basins to prevent the introduction or establishment of populations of aquatic nuisance species between the Great Lakes and Mississippi River Basins through the CAWS and other aquatic pathways.CommentsClose CommentsPermalink





(c) Requirements of Study-CommentsClose CommentsPermalink





(1) OPTIONS- The study shall include options to address--CommentsClose CommentsPermalink





(A) flooding;CommentsClose CommentsPermalink





(B) Chicago wastewater and stormwater infrastructure;CommentsClose CommentsPermalink





(C) waterway safety operations; andCommentsClose CommentsPermalink





(D) barge and recreational vessel traffic alternatives, which shall include--CommentsClose CommentsPermalink





(i) examining other modes of transportation for cargo and CAWS users; andCommentsClose CommentsPermalink





(ii) creating engineering designs to move canal traffic from 1 body of water to another body of water without transferring aquatic species.CommentsClose CommentsPermalink





(2) COST-BENEFIT ANALYSIS- The study shall contain a detailed analysis of the environmental benefits and costs of each option described in paragraph (1).CommentsClose CommentsPermalink





(3) ASSOCIATION WITH OTHER STUDY- The study shall be conducted in association with the study required under section 3061(d) of the Water Resources Development Act of 2007 (121 Stat. 1121).CommentsClose CommentsPermalink





(4) CONSULTATION- The Secretary shall consult with any relevant expert or stakeholder knowledgeable on the issues of hydrological separation and aquatic nuisance species.CommentsClose CommentsPermalink





(d) Deadline- The Secretary shall complete the study by the date that is 18 months after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 12. REPORT.

(a) In General- The Secretary shall prepare a report on the waterways described in section 11(a) in accordance with--CommentsClose CommentsPermalink





(1) the purpose described in section 11(b); andCommentsClose CommentsPermalink





(2) each requirement described in section 11(c).CommentsClose CommentsPermalink





(b) Deadlines- The Secretary shall submit to Congress and the President--CommentsClose CommentsPermalink





(1) not later than 180 days after the date of enactment of this Act, an initial report under this section;CommentsClose CommentsPermalink





(2) not later than 1 year after the date of enactment of this Act, a second report under this section; andCommentsClose CommentsPermalink





(3) not later than 18 months after the date of enactment of this Act, a final report under this section.CommentsClose CommentsPermalink

SEC. 13. FEDERAL COST REQUIREMENT.

The Secretary shall carry out this Act at full Federal cost.CommentsClose CommentsPermalink

SEC. 14. PRESIDENTIAL OVERSIGHT.

The President, or the Council on Environmental Quality as a designee to the President, shall oversee the study to ensure the thoroughness and timely completion of the study.CommentsClose CommentsPermalink

TITLE II--RESPONSE TO ADDITIONAL THREATSCommentsClose CommentsPermalink

SEC. 21. RESPONSE.

(a) Monitoring Connecting Waters- To identify additional threats that could allow Asian Carp to enter the Great Lakes Basin, the Director, in cooperation with the Director of the United States Fish and Wildlife Service, shall monitor and survey all waters that connect to the Great Lakes Basin or could connect to the Great Lakes Basin due to--CommentsClose CommentsPermalink





(1) flooding;CommentsClose CommentsPermalink





(2) underground hydrological connection; orCommentsClose CommentsPermalink





(3) human-made diversion.CommentsClose CommentsPermalink





(b) Response to Additional Threats- As soon as practicable after the date of identification of a threat under subsection (a), the Director, in cooperation with the Director of the United States Fish and Wildlife Service, shall--CommentsClose CommentsPermalink





(1) prioritize each threat; andCommentsClose CommentsPermalink





(2) help identify means to impede the passage of Asian Carp to the Great Lakes Basin.CommentsClose CommentsPermalink





(c) Consultation With Other Actors- In carrying out subsections (a) and (b), the Director, in cooperation with the Director of the United States Fish and Wildlife Service, shall consult with each relevant--CommentsClose CommentsPermalink





(1) Federal agency;CommentsClose CommentsPermalink





(2) State; andCommentsClose CommentsPermalink





(3) stakeholder.CommentsClose CommentsPermalink