II 109th CONGRESS 2d Session S. 4096 IN THE SENATE OF THE UNITED STATES December 6, 2006 Mr. Voinovich (for himself, Mr. Obama, Mr. DeWine, Mr. Levin, Ms. Stabenow, and Mr. Jeffords) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require the Secretary of the Army to operate and maintain as a system the Chicago sanitary and ship canal dispersal barriers to prevent the spread of aquatic invasive species into the Great Lakes, and to determine the feasibility of a dispersal barrier project at the Lake Champlain Canal, and for other purposes.

1.

Short title

This Act may be cited as the Barrier Project Consolidation and Construction Act of 2006.

2.

Consolidation of barrier projects

(a)

In general

The Chicago Sanitary and Ship Canal Dispersal Barrier Project (referred to in this Act as Barrier I) (as in existence on the date of enactment of this Act), constructed as a demonstration project under section 1202(i)(3) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4722(i)(3)), and the project relating to the Chicago Sanitary and Ship Canal Dispersal Barrier, as authorized by section 345 of the District of Columbia Appropriations Act, 2005 (Public Law 108–335; 118 Stat. 1352) (referred to in this Act as Barrier II), shall be considered to constitute a single project to prevent the spread of aquatic nuisance species. (b)

Activities relating to Barrier I and Barrier II

(1)

Duties of Secretary of the Army

The Secretary of the Army (referred to in this Act as the Secretary) shall, at full Federal expense— (A)upgrade and make permanent Barrier I; (B)construct Barrier II, notwithstanding the project cooperation agreement with the State of Illinois dated June 14, 2005; (C)operate and maintain Barrier I and Barrier II as a system to optimize effectiveness; (D)conduct, in consultation with appropriate Federal, State, local, and nongovernmental entities, a study of a full range of options and technologies for reducing impacts of hazards that may reduce the efficacy of the Barriers; and (E)provide to each State a credit in an amount equal to the amount of funds contributed by the State toward Barrier II. (2)

Application of credit

A State may apply a credit received under paragraph (1)(E) to any cost-sharing responsibility for an existing or future Federal project with the Corps of Engineers in the State. (c)

Feasibility study

The Secretary, in consultation with appropriate Federal, State, local, and nongovernmental entities, shall conduct a feasibility study, at full Federal expense, of the range of options and technologies available to prevent the spread of aquatic nuisance species between the Great Lakes and Mississippi River Basins through the Chicago Sanitary and Ship Canal and other aquatic pathways. (d)

Conforming amendment

Section 345 of the District of Columbia Appropriations Act, 2005 (Public Law 108–335; 118 Stat. 1352) is amended to read as follows:

345.There are authorized to be appropriated such sums as are necessary to carry out the Barrier II project of the project for the Chicago Sanitary and Ship Canal Dispersal Barrier, Illinois, initiated pursuant to section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a).

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3.

Lake Champlain Canal Study, Vermont and New York

(a)

Dispersal Barrier Project

The Secretary shall determine, at full Federal expense, the feasibility of a dispersal barrier project at the Lake Champlain Canal. (b)

Construction, Maintenance, and Operation

If the Secretary determines that the project described in subsection (a) is feasible, the Secretary shall construct, maintain, and operate a dispersal barrier at the Lake Champlain Canal at full Federal expense.