HR 709 IHCommentsClose CommentsPermalink

113th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 709CommentsClose CommentsPermalink

To authorize the Secretary of the Army to take actions to manage the threat of Asian carp traveling up the Mississippi River in the State of Minnesota, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

February 14, 2013CommentsClose CommentsPermalink

Mr. ELLISON (for himself, Mr. PAULSEN, Mr. WALZ, and Mr. NOLAN) 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 authorize the Secretary of the Army to take actions to manage the threat of Asian carp traveling up the Mississippi River in the State of Minnesota, and for other purposes.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 ‘Upper Mississippi Conservation and River Protection Act of 2013’ or the ‘Upper Mississippi CARP Act’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act, the following definitions apply:CommentsClose CommentsPermalink





(1) ALTERNATIVE TECHNOLOGY BARRIER- The term ‘alternative technology barrier’ includes an electric barrier, acoustic barrier, bubble barrier, and such other barriers as the Secretary determines appropriate.CommentsClose CommentsPermalink





(2) ASIAN CARP- The term ‘Asian carp’ means--CommentsClose CommentsPermalink





(A) grass carp (Ctenopharyngodon idella);CommentsClose CommentsPermalink





(B) silver carp (Hypophthalmichthys molitrix);CommentsClose CommentsPermalink





(C) bighead carp (Hypophthalmichthys nobilis); andCommentsClose CommentsPermalink





(D) black carp (Mylopharyngodon piceus).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





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





(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.CommentsClose CommentsPermalink

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 temporary closure of 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.CommentsClose CommentsPermalink





(b) Potential Impacts- In conducting the study, the Secretary shall assess the potential impacts, including environmental and economic impacts of--CommentsClose CommentsPermalink





(1) temporary closure of the lock; andCommentsClose CommentsPermalink





(2) continuing to operate the lock.CommentsClose CommentsPermalink





(c) Consultation- The Secretary shall carry out the study in consultation with the Secretary of the Interior and appropriate Federal, State, and local entities.CommentsClose CommentsPermalink





(d) Public Comment- In conducting the study, the Secretary shall provide an opportunity for, and take into consideration, public comment.CommentsClose CommentsPermalink





(e) Report- Not later than 6 months after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the study.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Types of Control Measures- The study shall include an examination of each of the following:CommentsClose CommentsPermalink





(1) Permanent closure of the lock.CommentsClose CommentsPermalink





(2) Modified lock operations.CommentsClose CommentsPermalink





(3) Use of an alternative technology barrier.CommentsClose CommentsPermalink





(4) Such other control measures as the Secretary determines appropriate.CommentsClose CommentsPermalink





(c) Potential Impacts- In conducting the study, the Secretary shall assess the potential impacts, including environmental and economic impacts of--CommentsClose CommentsPermalink





(1) implementing each of the control measures to be examined under subsection (b); andCommentsClose CommentsPermalink





(2) not implementing any control measures.CommentsClose CommentsPermalink





(d) Consultation- The Secretary shall carry out the study in consultation with the Secretary of the Interior and appropriate Federal, State, and local entities.CommentsClose CommentsPermalink





(e) Public Comment- In conducting the study, the Secretary shall provide an opportunity for, and take into consideration, public comment.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Mandatory Closure- The Secretary shall close the lock at the Upper St. Anthony Falls Lock and Dam if the Secretary determines that--CommentsClose CommentsPermalink





(1) one or more live adult Asian carp has been captured above Lock and Dam 2; orCommentsClose CommentsPermalink





(2) one or more juvenile Asian carp has been captured above Lock and Dam 4.CommentsClose CommentsPermalink





(c) Determinations by Secretary of the Interior-CommentsClose CommentsPermalink





(1) PETITIONS- If the Secretary of the Interior determines that an Asian carp has been captured that meets the criteria described in subsection (b)(1) or (b)(2), the Secretary of the Interior may transmit to the Secretary a petition for closure of the lock at the Upper St. Anthony Falls Lock and Dam.CommentsClose CommentsPermalink





(2) CONSIDERATION- After receiving a petition under paragraph (1), the Secretary shall--CommentsClose CommentsPermalink





(A) consider the recommendation contained in the petition and prepare a written response to the recommendation; andCommentsClose CommentsPermalink





(B) transmit 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 make the petition and written response available to the public by electronic means, including the Internet.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(e) Emergency Operations- Nothing in this section shall prevent the Secretary from carrying out emergency lock operations necessary to mitigate flood damage.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink