[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 471 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 471

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 3, 2011

Ms. Stabenow (for herself, Mr. Durbin, Mr. Brown of Ohio, Mr. Schumer, 
Ms. Klobuchar, Mr. Levin, and Mrs. Gillibrand) 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 study the feasibility of the 
   hydrological separation of the Great Lakes and Mississippi River 
                                Basins.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Asian Carp Act of 2011''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) CAWS.--The term ``CAWS'' means the Chicago Area Water 
        System.
            (2) Director.--The term ``Director'' means the Director of 
        the United States Geological Survey.
            (3) Hydrological separation.--The term ``hydrological 
        separation'' means a physical separation on the CAWS that--
                    (A) would disconnect the Mississippi River from 
                Lake Michigan; and
                    (B) shall be designed to be adequate in scope to 
                prevent the transfer of aquatic species between each of 
                those bodies of water.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army, acting through the Chief of Engineers.
            (5) Study.--The term ``study'' means the feasibility study 
        described in section 101(a).

                       TITLE I--FEASIBILITY STUDY

SEC. 101. 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 initiate a 
study of the watersheds of the following rivers (including the 
tributaries of the rivers) that drain directly into Lake Michigan:
            (1) The Illinois River, at and in the vicinity of Chicago, 
        Illinois.
            (2) The Chicago River in the State of Illinois.
            (3) The Calumet River in the States of Illinois and 
        Indiana.
    (b) Purpose of Study.--The purpose of the study shall be 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.
    (c) Requirements of Study.--
            (1) Options.--The study shall include options to address--
                    (A) flooding;
                    (B) Chicago wastewater and stormwater 
                infrastructure;
                    (C) waterway safety operations; and
                    (D) barge and recreational vessel traffic 
                alternatives, which shall include--
                            (i) examining other modes of transportation 
                        for cargo and CAWS users; and
                            (ii) creating engineering designs to move 
                        canal traffic from 1 body of water to another 
                        body of water without transferring aquatic 
                        species.
            (2) Cost-benefit analysis.--The study shall contain a 
        detailed analysis of the environmental benefits and costs of 
        each option described in paragraph (1).
            (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 (Public 
        Law 110-114; 121 Stat. 1121).
            (4) Consultation.--In conducting the study, the Secretary 
        shall consult with any relevant expert or stakeholder 
        knowledgeable on the issues of hydrological separation and 
        aquatic nuisance species.
    (d) Deadline.--The Secretary shall complete the study by not later 
than the date that is 18 months after the date of enactment of this 
Act.

SEC. 102. REPORT.

    (a) In General.--The Secretary shall prepare a report on the 
waterways described in section 101(a) in accordance with--
            (1) the purpose described in section 101(b); and
            (2) each requirement described in section 101(c).
    (b) Deadlines.--The Secretary shall submit to Congress and the 
President--
            (1) not later than 180 days after the date of enactment of 
        this Act, an initial report under this section;
            (2) not later than 1 year after the date of enactment of 
        this Act, an interim report under this section; and
            (3) not later than 18 months after the date of enactment of 
        this Act, a final report under this section.

SEC. 103. FEDERAL EXPENSE REQUIREMENT.

    The Secretary shall carry out this Act at full Federal expense.

SEC. 104. PRESIDENTIAL OVERSIGHT.

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

                TITLE II--RESPONSE TO ADDITIONAL THREATS

SEC. 201. 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--
            (1) flooding;
            (2) underground hydrological connection; or
            (3) human-made diversion.
    (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--
            (1) prioritize each threat; and
            (2) help identify means to impede the passage of Asian Carp 
        to the Great Lakes Basin.
    (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--
            (1) Federal agency;
            (2) State; and
            (3) stakeholder.
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