I 111th CONGRESS 2d Session H. R. 4604 IN THE HOUSE OF REPRESENTATIVES February 4, 2010 Mr. Hoekstra introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Secretary of the Army to prevent the spread of Asian carp in the Great Lakes and the tributaries of the Great Lakes, and for other purposes.

1.

Short title

This Act may be cited as the Asian Carp Action Plan Act of 2010.

2.

Coordination of efforts to prevent the spread of Asian carp

Notwithstanding any other provision of law, the Secretary of the Army shall coordinate and lead the actions of the Federal Government with respect to preventing the spread of Asian carp in the Great Lakes and the tributaries of the Great Lakes.

3.

Authority to prevent the spread of Asian carp

(a)

In general

The Secretary of the Army is authorized to carry out projects to prevent the spread of Asian carp in the Great Lakes and the tributaries of the Great Lakes, including— (1)installing electric, acoustic, air bubble, and other barriers; (2)applying piscicides; (3)improving locks; and (4)other projects determined necessary by the Secretary. (b)

Application of other law

With respect to projects carried out under subsection (a), such projects shall be treated as in compliance with all applicable Federal laws.

4.

Implementation of efficacy study recommendations

The Secretary of the Army shall implement measures recommended in the efficacy study, or provided in interim reports, authorized under section 3061 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1121), with such modifications or emergency measures as the Secretary of the Army determines to be appropriate, to prevent aquatic nuisance species from bypassing the Chicago Sanitary and Ship Canal Dispersal Barrier Project referred to in that section and to prevent aquatic nuisance species from dispersing into the Great Lakes.

5.

Mitigation of the upstream movement of Asian carp

The Secretary of the Army is authorized to take actions at the Brandon Road Lock and Dam, Illinois, to prevent the spread of Asian carp.

6.

Study and report

(a)

Study

The Secretary of the Army shall conduct a study on strategies to prevent the spread of Asian carp with respect to the Great Lakes and the tributaries of the Great Lakes, including— (1)strategies relating to barriers for use in the tributaries of the Great Lakes; and (2)strategies to address an arrival of Asian carp in the Great Lakes. (b)

Report

Not later than 120 days after the date of enactment of this Act, the Secretary of the Army shall submit to Congress a report containing findings and legislative recommendations resulting from the study under subsection (a).